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MIN CC 09/22/1998BOOK "S" 171 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 22ND 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 PERSONNEL COMIMITTEE met in EXECUTIVE SESSION to discuss the evaluation and performance of the four Charter Officer positions and award of merit increases in salary as budgeted. [4:07 p.m. - 4:22 p.m.] FINANCE COMMITTEE met to discuss: a) the proposed tax rate calculation; and b) the tax anticipation note for $843,000 contract for professional services. [4:05 p.m. - 4:40 p.m.] CITIZEN INPUTANQUIRY 1. Jim Carter. Mr. Carter expressed his dismay regarding the urban arterial street plan and engineering required for that project. 2. Charles Smither, Jr. Mr. Smither stated that he provided at each Councilmembers' place a letter from TXDOT calling attention to conflicting information relative to the one -way feeder road conversion. 3. Delora Rogers King. Ms. King requested that City Council go forward with plans to build a second entrance for the Elkins Lake �f subdivision. 4. George Russell. Mr. Russell stated that he would benefit personally by the urban arterial plan, but that he did not support the project. PUBLIC HEARING TO RECEIVE COMMENTS ON THE TAX RATE NECESSARY TO IMPLEMENT THE PROPOSED FY 1998 -99 BUDGET Ms. Allen stated that Council had held a public hearing on the tax rate earlier, but due to the fact that the $12 million debt was not issued following the receipt of the petition, the debt rate had to be recalculated. Ms. Allen reviewed the changes made to the debt calculation. 1. Deters Rogers King. Ms. King spoke in opposition of the tax increase. INVOCATION Invocation by Don Coleman, Director of the Baptist Student Center at Sam Houston State University. CONSIDER THE MINUTES OF SEPTEMBER 1 AND 8, 1998 Councilmember Luning made a motion to approve the minutes of September 1 with a minor correction, and Councilmember Rex seconded the motion. The motion passed unanimously. NOTE: Councilmember Davis absent. Councilmember James made a motion to approve the minutes of September 8 with a minor correction, and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF $845,000 "CITY OF HUNTSVILLE, TEXAS, TAX NOTES, SERIES 1998 ", DATED OCTOBER 15, 1998, INCLUDING THE RECEIPT OF BIDS THEREFOR, AND ADOPTION OF ORDINANCE 98 -09 -22.1 AUTHORIZING THE ISSUANCE OF SUCH TAX NOTES Mayor Green stated that be opened the bids related to the issuance and sale of the tax notes at the Finance Committee meting held earlier. The low bid was received from American National Bank of Texas with a true interest cost of 4.3852123. Councilmember Lupin" made a motion to accept the low bid from American National Bank of Texas with an interest cost of j4 3852123 and Councilmember James seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 22, 1998 BOOK "S" 172 Councilmember Luning made a motion to approve Ordinance 98-09-22.1 considering all matters incident and related to the issuance and sale of $845,000 "City of Huntsville, Texas. Tax Notes Series 1998', dated October 15 1998 and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER RESOLUTION 98 -09 -22.1 ESTABLISHING AN EXCESSIVE FORCE POLICY AS REQUIRED BY TDHCA COMMUNITY DEVELOPMENT CONTRACT NOS. 716379 AND 717339 Councilmember James made a motion to approve Resolution 98 -09 -22.1 establishing an excessive force volicv as required by TDHCA Community Development Contract Nos. 716379 and 717339. and Councilmember Martinez seconded the motion The motion passed unanimously. CONSIDER RESOLUTION 98 -09 -22.2 WAIVING THE CITY'S RIGHTS TO THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS Councilmember Rex made a motion to approve Resolution 98 -09 -22.2 waiving the City's rights to the iuvenile accountabilitv incentive block grant funds and ask that thev be designated to Walker County, and Councilmember Martinez seconded the motion The motion passed unanimously. CONSIDER ORDINANCE 98 -09 -22.2 AMENDING TITLES 11 AND 12, OF THE CODE OF ORDINANCES BY ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE CODE AND THE NATIONAL ELECTRICAL CODE Councilmember James made a motion to approve Ordinance 98 -09 -22.2 amending Titles 11 and 12, of the Code of Ordinances by adopting updated editions of the Standard Fire Code and the National Electrical Code and Councilmember Rex seconded the motion. The motion passed unanimously. ' CONSIDER TAX SALE TRUST PROPERTIES AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Councilmember Matthews made a motion to approve the tax sale trust properties as recommended by Grover Cook Chief Appraiser, and Councilmember James seconded the motion. The motion passed unanimously. CONSIDER BID 98 -17, ANNUAL CONTRACT FOR RENTAL OF EMPLOYEE UNIFORMS TO RUS OF CONROE IN AN AMOUNT OF $4.25 PER EMPLOYEE PER WEEK Councilmember Rex made a motion to approve bid 98 -17, annual contract for rental of employee uniforms to Rua of Conroe in an amount of $4.25 per employee per week. and Councilmember Matthews seconded the motion. The motion passed unanimously. CONSIDER AN AGREEMENT BETWEEN THE CITY AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE FOR DISPOSAL SERVICES Councilmember Rex made a motion to approve an agreement between the City and TDCJ for disposal services, and Councilmember Matthews seconded the motion. The motion passed unanimously. CONSIDER AN AGREEMENT BETWEEN THE CITY AND HOMELAND PROPERTIES FOR PROPERTY APPRAISAL SERVICES FOR THE EASTHAM- THOMASON PARK IN AN AMOUNT OF $5,000 Councilmember Howard made a motion to anmove an agreement between the Citv and Homeland Properties for properly appraisal services for nronerty located at the Eastham- Thomason Park in the amount of $5,000, and Councilmember James seconded the motion. The motion passed unanimous) CONSIDER A STREET EXTENSION AND CONNECTION REQUEST FOR TRACY AND LEIGH ANN STREETS IN AN AMOUNT OF $68,874 After discussion, the consensus of Council was that this extension should be funded and constructed by developers of the adjoining properties. Councilmember Howard made a motion to deny a street extension and connection request for Tracy and Leigh Ann Streets in an amount of S68,874, and Councilmember Luning seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 22, 1998 BOOK "S" 173 CONSIDER AN AGREEMENT BETWEEN THE CITY AND THE HUNTSVILLE FAMILY YMCA FOR SWIMMING POOL OPERATIONS FOR THE 1999 SUMMER SEASON Councilmember Rex made a motion to approve an agreement between the City and the Huntsville Family YMCA for swimming pool operations for the 1999 summer season. and Councilmember Howard seconded the motion. The motion passed unanimously. CONSIDER A REQUEST FROM THE SOUTHWESTERN BELL TELEPHONE PIONEERS AND THE AARP CHAPTER OF WALKER COUNTY FOR PERMISSION TO CONSTRUCT AN AMPHITHEATER AT THE SAM HOUSTON STATUE VISITORS CENTER WITH THE CITY TO PROVIDE APPROXMIATELY 65 YARDS OF FILL MATERIAL FOR THE PROJECT Councilmember James made a motion to approve a reouest to construct an amphitheater at the Sam Houston Statue Visitors Center with the City providing approximately 65 Yards of fill material and Councilmember Rex seconded the motion. The motion passed unanimously. Councilmembers thanked the Southwestern Bell Telephone Pioneers and the AARP Chapter of Walker County for their donation and time to this project. Mr. Pipes stated that there would be a fund- raiser held at the Visitors Center in the near future. CONSIDER ORDINANCE 98 -09 -22.3 AMENDING TITLE 14, GARBAGE, REFUSE AND RUBBISH OF THE CODE OF ORDINANCES TO ALLOW A PERMITTING PROCESS FOR CONSTRUCTION/ III DEMOLITION DEBRIS COLLECTION Councilmember Rex made a motion to approve Ordinance 98- 09.22.3 amending Title 14, of the Code of Ordinances, to allow for �j a permitting process for construction/demolition debris collection. and Councilmember Howard seconded the motion. The motion ' passed unanimously. i City Attorney Scott Bounds stated that if this system does not work effectively, staff will come back to City Council with recommended changes. �, MAYOR'S ACTIVITY REPORT 111. Consider reappointments to the Planning and Zoning Commission: Joe Shaw, Charles L. Smith and John Escobedo. I Councilmember Matthews made a motion to approve reappointing Joe Shaw Charles L. Smith and John Escobedo to the Planning ii and Zoning Commission, and Councilmember Rex seconded the motion. The motion passed unanimously. 1 Consider Joint Resolution 98- 09- 22. 3of the Cultural Activities Foundation of Huntsville- Walker County, Inc., and the City Council of the City of Huntsville, Texas, transferring funds to the City to be used solely for the financing, construction and operation of a civic and cultural activities complex. This item was not acted upon.. COUNCILMEMBER ACTION 1. Councilmember Lange directed staff to prepare an ordinance amending the City's retirement plan by allowing employees to buy -back previous service. 11 2. Councihnember Matthews stated that of all citizens, former Councilmembers should realize the difficulties of City Council in reaching decisions for the betterment of the entire community. ii lj MEDIA INQUIRIES li None. ADJOURNMENT Mayor Green recessed into EXECUTIVE SESSION to discuss real estate acquisitions: Kesterson, Smither land trade proposition, ' III and Tall Timbers right -of -way. [6:35 p.m. - 6:55 p.m.] PERSONNEL COMMITTEE reconvened into EXECUTIVE SESSION to continue discussion regarding the evaluation and performance of the four Charter Officer positions and award of merit increases in salary as budgeted. [66:555'p.m.`- 7:,12 pm.] jDannal Secretary �it -�1.�/ CITY COUNCIL MEETING OF SEPTEMBER 26, 1998 BOOK'S' 174 MINUTES OF THE HUNTS VILLE CITY COUNCIL MEETING HELD ON THE 26TH DAY OF SEPTEMBER, 1998, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 9:00 P.M. The Council met in regular session with the following members present: COUNCILMEMBER: William B. Green, Mayor Ron Lange Officers: Dan Davis Dave Luning Gene Pipes, City Manager Vance Howard David Martinez Scott Bounds, City Attorney JOAnn Matthews Danna Welter, City Secretary ABSENT: Marjorie Rex, Ann James INVOCATION Invocation by J. D. Schindler, Director of General Services. CONSIDER ORDINANCE 98 -09 -26.1 APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY FOR THE PERIOD OCTOBER 1, 1998, THROUGH SEPTEMBER 30, 1999 Councilmember Lange made a motion to approve Ordinance 98 -09 -26.1 approving and adopting the oDemtine and capital improvements budget for the City for FY 1998 -99. and seconded by Councilmember Howard. The motion Dassed unanimously. NOTE: Councilmembers Rex and James absent CONSIDER ORDINANCE 98 -09 -26.2 ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY FOR THE FISCAL YEAR 1998 -99 AT $0.4300 Councilmember Lange made a motion to approve Ordinance 98 -09 -26.2 adopting the tax rate and levying taxes for the City for the fiscal year 1998 -99 at $0.4300, and Councilmember Matthews seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 98 -09 -26.3 ADOPTING TMRS UPDATED SERVICE CREDITS ON AN ANNUAL BASIS AND PROVIDING FOR MUNICIPAL CONTRIBUTIONS Councilmember Luning made a motion to adopt Ordinance 98 -09 -26.3 adopting TMRS undated service credits on an annual basis and providing for municipal contributions. and Councilmember Martinez seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 98- 09 -26.3A ADOPTING TMRS BUY BACK PROVISION Councilmember Matthews made a motion to adopt Ordinance 98- 09 -26.3A adopting the TMRS buv back provision, and li Councilmember Davis seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 98 -09 -26.4 DIRECTING THE CITY ATTORNEY TO MAKE A FINAL OFFER TO STEVE ROSS OR THE TRUE OWNERS THEREOF FOR PROPERTY ADJACENT TO TALL TIMBERS FOR STREET AND UTILITY RIGHT -OF -WAY IN THE AMOUNT OF $500, AND AUTHORIZE CONDEMNATION IF THE OFFER IS REFUSED Councilmember Luning made a motion to adopt Ordinance 98 -09 -26.4 directing the Citv Attorney to make a final offer to Steve Ross or the true owners thereof for nroyerty adiacent to Tall Timbers for street and utility right -of -way in the amount of $500 and authorize condemnation if the offer is refused. and Councilmember Matthews seconded the motion. The motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Mayor Green stated that Waters Consulting Group would be in Huntsville on Monday and Tuesday, October 5 and 6, to receive input from Councilmembers and Charter officers relating to the study authorized by City Council. He requested that Councilmembers contact the City Secretary to set an appointment time. 2. Mayor Green stated that he, Mr. Pipes and other City staff had attended a TXDOT meeting in Bryan this week regarding their proposed widening of SH 19. City officials asked about the rework SH 19 at the Interstate and the possibility of a connection at that point for the City's planned urban arterial. TXDOT officials gave no indication that it would be possible to connect at that location. i l CITY COUNCIL MEETING OF SEPTEMBER 26, 1998 BOOK "S" COUNCILMEMBER ACTION 175 1. Consider renewal of City Judge Jack Haney for a two year term commencing October 1, 1998, and ending September 31 2000, as presented by Chairman Lange, Personnel Committee. Councilmember Lange made a motion to renew Jack Haney as City Judge for a two Year term commencing October 1, 199 and ending September 30 2000 and Councilmember Matthews seconded the motion. The motion passed unanimously. 2. Urban Arterial. Councilmember Howard stated that he had met with the Mayor to discuss the possibility of better informing at educating the public about the urban arterial and the decisions City Council has made. He stated that there is a lot misinformation being circulated and felt that this needs to be addressed by City Council. After discussion of City Council, it w'. decided that a work session on this issue would be held following the October 6 meeting, MEDIA INQUIRIES Wayne Sorge, KSAM. Mr. Sorge asked the Mayor to sum up how he feels the City is after going through so many obstacles adopt a budget and tax rate for the next fiscal year . Mayor Green stated that actually there have been only a few changes from whe Council started with this budget. The major change is the west arterial street and how it is planned. The engineering work will continue and it is anticipated that a smaller portion than originally intended will be constructed. This plan will allow some time to work with property owners and resolve some issues that will be beneficial for everyone. Mr. Sorge asked when construction wouldbegin on the arterial. Mayor Green stated that construction would begin in approximately one year. Mr. Sorge asked if the proj ect will cost more money since it will be done in two phases. Mayor Green stated that at this time it is ' unknown Ilia) ADJOURNMENT I �1 L Danna Welter, City Secretary i II, ji i li I