MIN CC 09/01/1998CITY COUNCIL MEETING OF SEPTEMBER 1, 1998 BOOK "S"
165
MIN UTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 1ST DAY OF SEPTEMBER, 1998, 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:
COUNCILMEMBER:
William B. Green, Mayor
Ron Lange
Officers:
Marjorie Rex
Dave Luning
Gene Pipes, City Manager
Ann James
David Martinez
Scott Bounds, City Attorney
Vance Howard
JoAnn Matthews
Danna Welter, City Secretary
ABSENT: Dan Davis
FINANCE COMMITTEE MEETING to discuss: a) the financing of the arterial street plan options; b) Tenaska consent and
assignment agreement; and c) amendment to the Parks and Wildlife grant application. [4:00 p.m. - 5:05 p.m.]
CITIZEN INPUTJNQUIRY
1. Delora King. Ms. King stated that she felt there were other priority needs in the community other than an arterial street on the west
side of the Interstate.
2. Tom Curtis. Mr. Curtis stated that he had approached the Elkins Lake Recreation Corporation with a plan to build their new golf
course. He stated that he felt the arterial street was vital and he would be willing to work with the Recor in development of the golf
course.
INVOCATION
Invocation by Boyd Wagner, First United Methodist Church.
CONSIDER MINUTES OF AUGUST 18, 1998
Councilmember James made a motion to approve the minutes of August 18, 1998, and Councilmember Matthews seconded the
motion. The motion passed unanimously. NOTE: Councilmember Davis absent.
PUBLIC HEARING - TO RECEIVE COMMENTS ON THE TAX RATE NECESSARY
TO IMPLEMENT THE PROPOSED FY 1998 -99 BUDGET
Charles Smither, Jr., James Turner and Burk Huber spoke in opposition of the $.05 tax increase.
DISCUSS THE PETITION CERTIFIED BY THE CITY SECRETARY RECEIVED ON AUGUST 27, 1998,
IN OPPOSITION OF THE $12 MILLION CERTIFICATE OF OBLIGATION
Mayor Green stated that the City Secretary has certified the petition received in opposition of the $12 million certificate of
obligation. The ordinance relating to the $12 million certificate of obligation was not placed on the agenda.
CONSIDER ORDINANCE 98 -09 -01.1 GRANTING TO MID -SOUTH ELECTRIC COOPERATIVE ASSOCIATION
ITS LEGAL REPRESENTATIVES, SUCCESSORS, LESSEES, AND ASSIGNS, GRANTEE HEREIN, CERTAIN
POWERS, LICENSES, RIGHTS -OF -WAY, PRIVILEGES, AND FRANCHISE TO CONSTRUCTION
AND MAINTAIN IN THE CITY OF HUNTSVILLE, TEXAS, AS NOW OR HEREAFTER CONSTITUTED
AN ELECTRIC POWER UTILITY SYSTEM IN THE CITY, TOGETHER WITH THE RIGHT TO USE
THE PUBLIC RIGHTS -OF -WAY FOR A TERM CERTAIN, FROM AND AFTER THE SIXTY -FIRST
DAY OF PASSAGE HEREOF; AND PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS,. AND CONDITIONS
HEREIN MENTIONED; AND PROVIDING FOR THE PAYMENT TO THE CITY, OF A PERCENTAGE
OF CERTAIN RECEIPTS OF GRANTEE FROM ITS OPERATIONS THEREIN; PROVIDING FOR THE
ACCEPTANCE OF THIS ORDINANCE BY GRANTEE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE, AND REQUIRING PUBLICATION
Councilmember Rex made a motion to approve Ordinance 98- 09 -01.1 granting a franchise to Mid -South Electric Cooperative
Association as listed in the caption and Councilmember Martinez seconded the motion. The motion passed unanimously.
CITY COUNCIL MEETING OF SEPTEMBER 1, 1998 BOOK S" 166
CONSIDER ORDINANCE 98-09-01.2 AMENDING CHAPTER 13 OF THE DEVELOPMENT CODE
REDUCING OFF STREET PARKING STANDARDS FOR EATING/DRINKING PLACES
Mr. Bounds stated that he had researched other cities off street parking standards for restaurants and it seems that our City's
standards are more stringent than other cities. He recommends that Table 13 -1: Off -street parking standards be amended to require
1 parking space per 100 sq. ft. of gross leasable area, or number of spaces equal to 33% of occupancy, whichever is more.
Councilmember James made a motion to amend Table 13 -1 of the Development Code as outlined by the City Attorney,and
Councilmember Rex seconded the motion. The motion passed unanimously.
CONSIDER ORDINANCE 98 -09 -01.3 AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF
PUBLIC WORKS TO NEGOTIATE THROUGH JAMES DANIELS & ASSOCIATES, INC., WITH LANDOWNERS
FROM WHOM THE CITY NEEDS TO ACQUIRE EASEMENTS FOR THE WATER SUPPLY PIPELINE
AND RELATED APPURTENANCES TO BE CONSTRUCTED FROM THE HUNTSVILLE REGIONAL WATER
TREATMENT PLANT TO GRIMES COUNTY, TO EXECUTE AGREEMENTS ON BEHALF OF THE CITY
FOR THE EASEMENTS, AND TO CLOSE AND CONSUMMATE THE PURCHASE OF THE EASEMENTS
Councilmember Rex made a motion to approve Ordinance 98-09-01.3 authorizing the City Manager and the Director of Public
works to negotiate through James Daniels & Associates with landowners to acquire easements for the water supply pipeline as stated
and Councilmember Luning seconded the motion. The motion passed unanimously.
CONSIDER TAX SALE TRUST PROPERTIES AS RECOMMENDED BY
GROVER COOK, CHIEF APPRAISER
Councilmember Luring made a motion to approve the tax sale trust properties as recommended by Grover Cook Chief Appraiser,
and Councilmember Matthews seconded the motion. The motion passed unanimously.
CONSIDER APPROVAL OF ANNUAL CONTRACT FOR CEMENT STABILIZED SAND TO PAVERS SUPPLY
IN AN AMOUNT OF $17.95 PER TON (PICK UP) AND $21.50 PER TON (DELIVERED)
Councilmember Rex made a motion to approve the increase in the annual contract for cement stabilized sand to Pavers Supply in
an amount of 517.95 per ton (pick up) and $21.50 per ton (delivered) and Councilmember James seconded the motion The motion
passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Consider an amendment to the application for a grant with the Texas Parks and Wildlife for acquisition and development of the
Parks and Recreation Master Plan with funding as recommended by the Finance Committee.
Mayor Green stated that the Texas Parks and Wildlife has denied one tract of land as a match for the City's grant application. Staff
has revised the application and Texas Parks and Wildlife is allowing a cash match to replace the part denied. Mayor Green recommends
that this grant application be resubmitted.
Councilmember Luring stated that the Finance Committee recommends the use of budgeted unused ISTEA funds for the source
of funds for this cash match.
Councilmember Luning made a motion to resubmit the grant application and to amend the FY 1997 -98 Eastham- Thomason land
acquisition capital improvements budget to be increased to $651,246 as proposed in the revised grant application and to transfer
$95,979 from the budgeted unused ISTEA monies and increase in -house participation to S229,644, and Councilmember Lange
seconded the motion. The motion passed unanimously.
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2. Consider notice to proceed from the U. S. Postal Service.
Mayor Green stated that the City has received a notice to proceed from the U. S. Postal Service for the street and utility construction.
Councilmember Luring made a motion to proceed with theproiected street and utility construction fortheU S Postal Service upon I
receipt of the signed contract and monies from the Reeds' and Councilmember James seconded the motion The motion passed
unanimously.
Consider addition to the responsibility charge for the Public Safety Communications Center appointees (Councilmembers Luring
and Howard) to include discussions with Walker County relative to a cooperative space for court operations.
Mayor Green asked Councilmember Luning and Howard to include in their discussions with Walker County the possibility
CITY COUNCIL MEETING OF SEPTEMBER 1, 1998 BOOK "S" 167
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of the City's municipal court being housed in the planned law enforcement center.
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COUNCILMEMBER ACTION
1. Consider Resolution 98 -09 -01.1 opposing an emergency fuel adjustment initiative by Entergy /Gulf States pending before it
the PUC and encouraging any fuel adjustment consideration for the Company to be made part of the November rate case by PUC
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order, as presented by Councilmember Luning_
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Councilmember Luning stated that this resolution would be considered at a later date.
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2. Kids Day in the Park. Councilmember James stated that Kids Day in the Park was a great success. The Huntsville Police �)
Department, the School District, the Juvenile Services, U. S. Army, and Councilmember Rex all contributed to its success.
3. Juvenile Facility. Councilmember Rex stated that the First Missionary Baptist Church is in the process of starting a building
campaign forjuveniles for ajuvenile center. She plans to make a donation to the project in memory of Earnest Grover and felt it was
a great project for others that planned to do something in his memory.
MEDIA INQUIRIES
Wayne Sorge, KSAM, asked if there was going to be recalculation of the tax rate or refiguring on ways to meet the transportation
needs. Mayor Green stated that this will be discussed in the budget work session to follow.
III ADJOURNMENT
it Mayor Green recessed into Work Session to continue presentation/discussion of the FY 1998 -99 budget. [6:10 p.m. - 7:22 p.m.]
II Mayor Green recessed into Executive Session to discuss: [7:27 p.m. - 7:37 p.m.]
c) pending litigation: Townsend, V. Johnson, A.N.N.S. CCN; and
d) real estate acquisition: Kesterson, Johnson, Thomason Estate, 10 Street and Avenue 0, 7'" Street, Tall Timbers right -of -way, and
water pipeline right -of -way acquisition.
Danna Welter, City Secretary