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MIN CC 08/05/2008CITY COUNCIL MEETING of AUGUST 5, 2008 BOOK "U" 137 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5TH DAY OF AUGUST, 2008, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:OOPM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Melissa Mahaffey, Lanny Ray, Mac Woodward, Dalene Zander COUNCILMEMBERS ABSENT: Clarence Griffin OFFICERS PRESENT: Victor Pena, Acting City Manager; Thomas A. Leeper, City Attorney; Stephanie Brim, City Secrete WORK SESSION [5:15- 5:55pm] City Council conducted a work session to discuss debt reduction options for the FY 2008 -09 budget and the tax rate structure and schedule. CALL TO ORDER [6:OOpm] Mayor Turner called the meeting to order. PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION Councilmember Barrett led the invocation. PUBLIC COMMENTS (Agenda items only.) Joe Smith. Mr. Smith spoke in support of a burn ordinance. CONSENT AGENDA a. Approve minutes of City Council meetings held on July 7 and 8, 2008. b. Authorize the City Manager to execute the printing contract with Speed Printing of Conroe, TX and Eagle Graphics of Huntsville, TX, dependent on the printing job, to gain the best value for a total contract amount not to exceed $32,500. C. Approve acceptance of the FY 2009 Tobacco Compliance grant in the amount of $4,000. d. Approve Ordinance 2008 -28, amending the FY 2007 -08 budget. Councilmember Woodward moved to approve the Consent Agenda as presented; and Councilmember Forbus seconded the motion. The motion passed 8 -0. STATUTORY AGENDA a. Presentation, discussion and /or possible action to accept the annual Huntsville Convention & Visitors Bureau Council audit. The Huntsville Convention and Visitors Center Bureau is a component unit of the City. The audit covers City funds held by the Chamber of Commerce on behalf of the City to conduct tourism and operations of the Visitors Center, and was presented by Ken Davis, C.P.A. No action was taken on this item. b. Presentation, discussion and /orpossible action to suspend the City Council Rules of Procedure, specifically Section 9.5 - Work Sessions, to allowfor the required record vote on the proposed tax rate, discussed in a work session on August 5, 2008. Councilmember Forbus moved to suspend the City Council Rules of Procedure; and Councilmember Cole seconded the motion. The motion passed 8 -0. C. Presentation, discussion and /or possible action to take a record vote on the proposed fiscal year 2008 -09 tax rate. ' State tax law requires that if a proposed tax rate exceeds the effective rate, the governing body must have a record vote to place the proposal to adopt the rate on a future meeting's agenda. The meeting can not be held until after two public hearings on the proposed rate. Because of the November 2007 bond election, which provided for a tax increase of up to $0.02, a possibility exists that when the FY 08 -09 budget is finalized, when considering the effect of the bond election, the proposed tax rate may exceed the effective rate. CITY COUNCIL MEETING of AUGUST 5, 2008 BOOK "U" 138 Presentation, discussion and /or possible action to purchase a generator for the McGary Creek lift station. During the design of this lift station upgrade in 2002 the consulting electrical engineer felt that the existing generator might be able to run the new pumps and equipment installed at the station. The decision was made to attempt to use the existing generator, which was only 8 years old at the time. On June 10, 2008 during the installation and start up process of the two new 150 hp submersible pumps the representative from the lift station manufacturer determined that the existing back up power source was not sufficient to operate the pumps. To remedy this situation temporarily, the portable 275 KW generator on a trailer, based at the N.B. Davidson wastewater treatment plant and used as backup power for other small lift stations without a permanent generator, was taken to the lift station and put into service. The backup generator is only large enough to operate one pump in the manual mode. It will not function in the automatic setting. This means when loss of power events occur the generator will not automatically start the pumps, it has to be turned on manually by responding staff, who will need to stay on site operating the pumps manually until power is restored. The proper sized generator needs to be installed to avoid the possibility of a sanitary sewerovernow in the event of a loss of power. Councilmember Woodward moved to purchase a generatorforthe McGary Creek lift station; and Councilmember Forbus seconded the motion. The motion passed 7 -1 with Councilmember Cole voting against. Presentation, discussion and /orpossible action tojoin the Tarrant County Cooperative purchasing program by Interlocal Agreement. Tarrant County, Texas has established a cooperative purchasing program available to various governmental entities. The cooperative has 288 members with an available 150 annual contracts. Tarrant County Cooperative follows State statutes and actively recruits Historically Underutilized Businesses (HUBS). Tarrant County has been recognized and featured for their practices in national governmental magazines. Initial conversations between Tarrant County Cooperative Purchasing Coordinator and the City of Huntsville have taken place; however, final approval from City of Huntsville City Council and Tarrant County Commissioners Court must be obtained prior to execution of contract. Councilmember Zender moved to authorize the City Manager to execute the Interlocal Agreement between Tarrant County and the City of Huntsville for participation in the Tarrant Count (purchasing) Cooperative and Councilmember Mahaffey seconded the motion. The motion passed 8 -0. Presentation, discussion and /or possible action to purchase tires using the Tarrant County Cooperative purchasing program and through Texas Multiple Award Schedule (TXMAS) pricing. Currently tires are purchased utilizing the Texas Multiple Award Schedule (TXMAS) pricing. This contract expired in January 2007. The City has been purchasing from the new contract pricing for the TXMAS contract. In accordance with City of Huntsville Purchasing Policy this contract is being presented to City Council. Tire pricing was reviewed and determined that tires can be purchased from the Tarrant County Cooperative and TXMAS contract utilizing the best price dependent on the tire. Councilmember Forbus moved to approve the purchase of tires for the remaining 07 -08 budget year and allow purchase for the 08 -09 budget year utilizing the best value between Tarrant County Cooperative and the TXMAS Contract and Councilmember Ray seconded the motion. The motion passed 8 -0. )R/CITY COUNCILMEMBER1 CITY MANAGER REPORT III Presentation, discussion and /orpossible action to approve a contract with a candidate for the position of City Manager. Mayor Turner briefly reviewed the city manager search and interview process. Mayor Turner moved to approve a contract with William Baine as the City's next City Manager and Councilmember Barrett seconded the motion. The motion passed 8 -0. Presentation, discussion and /orpossible action to appoint Victor Pena as the Interim and /or Assistant City Managerwith appropriate salary and benefits. Councilmember Mahaffey moved to (1) retroactively pay Mr. Pena 10% above his current salary for the time he was Acting City Manager, (2) pay him for three weeks' of vacation he will not have time to use and (3) appoint him as Interim City Manager beginning retroactively on July 8 and moving forward until August 25 2008 and Councilmember Forbus seconded the motion. The motion passed 8 -0. Presentation, discussion and /or possible action to on the Barrett sign variance request. Councilmember Woodward moved to approve the variance to the Development Code to allow the Barretts to replace the sign in its original configuration and Councilmember Zender seconded the motion. The motion passed 8 -0. Presentation, discussion and /or possible action on the following appointments: (a) Beth Miles to the Ad Hoc Library Feasibility Study Committee; and Mayor Turner moved to appoint Beth Miles to the Ad Hoc Library Feasibility Study Committee and Councilmember Woodward seconded the motion. The motion passed 8 -0. (b) TIRZ Board appointments. Mayor Turner moved to reappoint Councilmember Dalene Zander to the TIRZ Board position number one; and Councilmember Cole seconded the motion. The motion passed 8 -0. 0 CITY COUNCIL MEETING of AUGUST 5, 2008 BOOK "U" 139 affidavit with the City Secretary. e. Presentation, discussion and /or possible action on the City's current burn ordinances. Councilmember Mahaffey handed out some information to City Council to begin a dialog on burn ordinances, encouraged citizen input. No action was taken on this item. PUBLIC COMMENTS (open) George Russell. Mr. Russell stated his stress level was high and stated his disappointment due to the development of Target site, and read Target's environmental management position to the City Council. MEDIA INQUIRIES George Russell. Mr. Russell stated his credentials as Chief Executive Officer of Educational Video Network and inquired as who on City staff has met with the Target development? ADJOURNMENT[6:57pm] Mayor Turner adjourned the meeting. A. Brim, City