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MIN CC 11/12/1996CITY COUNCIL MEETING OF NOVEMBER 12, 1996 BOOK "S" 56 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 12TH DAY OF NOVEMBER, 1996, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in regular session with the following members present: COUNCILMEMBERS: William B. Green, Mayor Dave Luning Officers: Dan S. Davis David Martinez Gene Pipes, City Manager Ronald L. Lange JoAnn Matthews Danna Welter, City Secretary Ann James Marjorie Rex Scott Bounds, City Attorney 4:15 P.M. EXECUTIVE SESSION to discuss: a) pending litigation: Walker County Rural Water Supply Corporation proposed settlement, Townsend v. COH, Lyons v. COIL and Barkley v. COH; and b) real estate acquisition: Robinson Creek Wastewater Plant site, Willow Street right -of -way, Old Madisonville Road, Avenue D- Emancipation Park, and 13th Street at Avenue M (Dr. Johnson property). [5:02 p.m.] CITIZEN INPUTHNQUIRY Rubber Ducky. Citizens spoke out against this new business because of its pornographic material. The owner and several others spoke in support of the Rubber Ducky, Mayor Green asked the City Attorney to review the laws related to pornography and report to Council at the next meeting. INVOCATION Invocation by Reverend Clayton Taylor. CONSIDER MINUTES OF OCTOBER 15, 1996 Councilmember Davis made a motion to approve the minutes of October 15. 1996, and Councilmember Rex seconded the motion. The motion passed unanimously. OPEN PUBLIC HEARING - EXTENDING A NONEXCLUSIVE FRANCHISE TO TCSI HUNTSVILLE, INC. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY CONSIDER ORDINANCE 96 -11 -12.1 Mayor Green opened the public hearing at 6:00 p.m. No public input. City Attorney Scott Bounds explained that this is the first reading of this ordinance and there may be minor changes before the second reading at the next meeting. The hearing was closed at 6:05 p.m. Councilmember Lange made a motion to aoorove Ordinance 96-11-12.1 (first reading) to extend a nonexclusive franchise to TCSI Huntsville. Inc., to construct operate and maintain a cable communications system in the Citv. and Councilmember Rex seconded the motion. The motion nassed unanimous) ATTENDING CITIZEN 1. Andy Flack, to discuss proposed one acre development on FM 2821, "Roy L. Maples" property, between Bob Smith Welding Supply and the old Martinez Automotive. Mr. Flack presented a request for reimbursement of expense of extension of a water line. The subject property is located on FM 2821 and he proposed to build a single use building on this property and to do this he must have water and sewer service. He is requesting that the City extend the water line based on the fact that it is already in the Capital Improvements Program for FY 97 -98 and he will front the costs and be reimbursed fully since the City plans to extend the line in the next few years. After Council discussion, it was the consensus that further review of the Master Plan would be required before this request is approved. Mayor Green stated that Council could approve the extension of the line under the City's standard extension policy, but anything beyond the standard policy will have to be discussed at a subsequent meeting. Councilmember Rex made a motion to approve this project under the standard utility extension policy, and Councilmember Luring seconded the motion. The motion passed unanimously. u 1 CITY COUNCIL MEETING OF NOVEMBER 12, 1996 BOOK "S" PRESENTATION OF HGAC INFORMATION VIDEO CONCERNING 911 SYSTEM OPERATIONS AND COMMENTS BY EMERGENCY RESPONSE PROVIDERS 57 Mr. Ross Shroeman, Houston - Galveston Area Council, stated he is a 911 rural addressing specialist with HGAC and prior to that he served the State of Texas 911 Commission visiting over 200 counties and cities. Mr. Shroeman stated that 911 provides a single unified number to receive emergency public safety assistance. There are many schemes involved in providing addressing. The state of the art 911 equipment relies on its ability to find a specific address. Fire Chief Tom Grisham, EMS Director Paul Alexander and Police Chief Flank Eckhardt spoke in favor of the 911 address changes to help facilitate response time in emergency situations. Consensus of Council was to plan a work session to discuss this issue after the New Year. CONSIDER RESOLUTION 96 -11 -12.1 GIVING CONSENT TO A PROJECT FOR HUNTSVILLE MEMORIAL HOSPITAL This resolution is required solely for the purpose of satisfying Section 221.030 of the Texas Health Facilities Development Act and to enable the Issuer to proceed with the proposed financing of the equipment pursuant to the tax- exempt lease program. Councilmember Davis made a motion to anorove Resolution 96 -11 -12.1 giving consent to a amiect for Huntsville Memorial Hospital and Councilmember Lamina seconded the motion The motion passed unanimously. CONSIDER JOINT ELECTION AGREEMENT WITH WALKER COUNTY HOSPITAL DISTRICT FOR THE JANUARY 18, 1997 ELECTION Councilmember Rex made a motion to approve a joint election agreement with Walker County Hospital District for the January 18 1997 election. and Councilmember James seconded the motion. The motion passed unanimously. INOTE: Councilmember Matthews absent for the remainder of the meeting.l CONSIDER THE WETLANDS MITIGATION PROPOSAL OF MCDONALD CREEK IN SPRING LAKE SUBDIVISION Mr. Bounds stated that the Corp has evaluated the site and has determined it is a wetlands and it is anticipated that they will require mitigation on site. The next step is to do a detailed wetlands permit to permit the construction of a drainage channel along McDonald Creek and have wetlands mitigation go through it. The total estimated design /engineering fees for the project (minus the Winter Way design cost) total $42,200. Councilmember Luning made a motion to approve an amount not to exceed $42,200 for engineering services to Rust Lichliter /Jameson for the permit application channel design and wetlands mitigation design cost and Councilmember Davis seconded the motion The motion passed unanimously. CONSIDER MCQUIRTER FAMILY PETITION FOR STREET ACCESS Mrs. McQuirter has indicated that the Smither family is willing to provide a right -of -way access to the property from Avenue B. Staff is requesting Council's direction with this issue. Mayor Green referred this item back to staff for cost estimates to extend the street. CONSIDER RESOLUTION 96- 11.12.2 AMENDING AND RESTATING THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN Councilmember Davis made a motion to anorove Resolution 96 -11 -12.2 amending and restating the ICMA Deferred Compensation Plan and allowing the Plan to permit loans and Councilmember Lupine seconded the motion The motion passed unanimously. j CONSIDER BIDS 1. Bid 97 -2, seven'/ ton pickups and one 3/4 ton pickup, to Hillcrest Ford, in the amount of $124,847.00. Councilmember Davis made a motion to approve Bid 97 -2 to Hillcrest Ford in the amount of $124.847.00. and Councilmember Lange seconded the motion. The motion passed unanimously. 2. Bid 97 -3, fourteen Steel case Desk Systems, to Hodges Business Interiors, in the amount of $25,477.65. Councilmember James made a motion to approve Bid 97 -3 to Hodges Business Interiors in the amount of $25.477.65. and Councilmember Rex seconded the motion. The motion vassed unanimously. CITY COUNCIL MEETING OF NOVEMBER 12, 1996 BOOK "S" 58 3. Bid 97 -7, 2500 feet of 12" DR18 PVC Pipe (Elks Drive). - Councilmember Davis made a motion to approve Bid 97 -7 to U.S. Filter/Rohan Company in the amount of $28,724.88, and Councilmember Lange seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 96 -11 -12.3 AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR ONE NEW AND UNUSED 8 -YARD AND ONE NEW AND UNUSED 12 -YARD DUMP TRUCK CONSIDER ORDINANCE 96 -11 -12.4 AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR ONE NEW AND UNUSED RUBBER TIRE LOADER Councilmember Rex made a motion to approve Ordinances 96-11-12.3 and 96-11-12.4 authorizing publication of notice to bidders 1 and notice of intention to issue certificates of obligation, and Councilmember Davis seconded the motion. The motion passed unanimously CONSIDER FUNDING FOR AUTOMATED CONTROLS OF WATER WELLS IN THE AMOUNT OF $200,860 TO BE ALLOCATED FROM THE WATER AND SEWER UNALLOCATED FUNDS Councilmember James made a motion to approve $200.860 for the construction of automated controls for the eight wells currently in use. and Councilmember Lange seconded the motion. The motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Consider settlement agreement with Walker County Rural Water Supply Corporation. Councilmember Lange made a motion to annrove the settlement agreement with Walker Countv Rural Water Supply Corporation. and Councilmember Rex seconded the motion. The motion passed unanimously. 2. Consider appointment of consultant for Parks Master Plan to Brannon Corporation of Tyler, Texas, in an amount not to exceed $25,000. Councilmember Rex made a motion to approve the appointment of Brannon Comoration as consultant for the Parks Master Plan in an amount not to exceed $25.000. and Councilmember Martinez seconded the motion. The motion passed unanimously. 3. Consider sidewalk request by George Russell on the south side of 19th Street. Councilmember Luring made a motion to approve participation in the 19th Street sidewalk construction (south side) in an amount not to exceed $8,421.60, and Councilmember Rex seconded the motion. The motion passed unanimously. 4. Consider request for use of brick paver funds for reprint of the brick paver brochure, local advertisement of the program, and Interstate highway signage in the amount of $6,050. Councilmember James made a motion to approve the mouest for use of brick haver funds for the proiects listed above in the amount of $6.050. and Councilmember Davis seconded the motion. The motion passed unanimouslv. 5. Consider acquisition of land for Willow Street right -of -way. Councilmember Rex made a motion to authorize the City Attorney to make an offer of up to $145.000 for the Kesterson property for the Willow Street right -of -way, and Councilmember Luning seconded the motion. The motion passed unanimously. CITY COUNCILMEMBER ACTION Consider Resolution 96 -11 -12.3 approving the amended participation agreement in Texpool, as presented by Dan Davis, Chairman of the Finance Committee of Council. Councilmember Davis made a motion to arorove Resolution 96-11-12.3 approvina the amended Participation agreement in TeXD00L and Councilmember Lupine seconded the motion. The motion nassed unanimously. GFOA Award. Councilmember Davis congratulated Patricia Allen for the City receiving the 1995 Certificate of Achievement for Excellence in Financial Reporting. Meadows Grant. Councilmember James stated that there would be a grant application applied for from the Meadows Foundation under .'. CITY COUNCIL MEETING OF NOVEMBER 12, 1996 BOOK "S" 59 the auspices of the City of Huntsville. Walker County Historical Society is attempting to situate an authentic log cabin in its original site on the town square. Mayor Green stated that this item had not been approved by City Council. Councilmember James stated that it would be on the December agenda. WCRWSS Settlement Councilmember Lange stated that the City is very fortunate to have Dr. Bill Green as Mayor of our City. He has shown expert leadership through the entire rural water issue. Councilmember Rex agreed with Councilmember Lange, but also thanked the other members of Council for their hard work on reaching a final settlement to the issue. Police Academy. Councilmember Martinez commended the Police Department on the fine job they do with the Citizens Police Academy. MEDIA INQUIRIES None. ADJOURNMENT Danna Welter, City Secretary