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MIN CC 02/09/1999MEETING OF FEBRUARY 9, 1999 BOOK "S" 193 MINUTES OF THE HUNTS VILLE CITY COUNCIL MEETING HELD ON THE 9TH DAY OF FEBRUARY, 1999, 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 Marjorie Rex Dave Luning Vance Howard David Martinez JoAnn Castille Steed Smith ABSENT: Dan Davis Officers: Gene Pipes, City Manager Danna Wetter, City Secretary FINANCE COMMITTEE MEETING (4:00 p.m. -5:00 p.m.) to discuss: a) budget adj ustments;b) quarterly reports; c) investments of the certificates of obligation proceeds; and d) presentation of the Annual Financial Report for FY 1997 -98. CITIZEN INPUTIINQUIRY 1. Charles Smither, Jr. Mr. Smither stated that there have been a number of incidents of loud noise near his residence on Avenue O. He stated that he has heard loud noises including squealing tires coming from the Shenanigans parking lot at closing. MayorGreen asked that Chief Eckhardt address this problem. 2. Dorothy Shandera. Ms. Shandera stated that she was a member of the Parks and Recreation Advisory Board and supported the creation of a Recreation Coordinator. ii 3. John Strickland. Mr. Strickland stated that he owned the Texan Restaurant and needed the parking spaces that the City has blocked �I offon l2'" Street. He understood the City's position ofbl ocking the spaces due to endangermentofcitizens around the falling wall, but he was in need of the extra spaces. Mayor Green stated that staff would look into the matter. INVOCATION Invocation by Arnold Cochran, Southside Church of Christ. CONSIDER MINUTES OF JANUARY 19 AND 26, 1999 Councilmember Castille made amotion to approve the minutes ofJanuary 19 and 26 .1999 and Councilmember Martinez seconded the motion. Councilmember Rex asked that in "Councilmember Action ". 16'" Street and Sam Houston be added as a dangerous intersection The motion passed unanimously. NOTE: Councilmember Davis absent. PUBLIC HEARING TO RECEIVE INPUT ON THE BOUNDARY CHANGES TO THE ZONING DISTRICTS FOR SETTLER'S WAY, SECTION 1 AND 2 1. Mike Park. Mr. Park stated that he had rental property in this area that would be affected by the zoning. He understood there had been some problems with his renters but did not feel that the City needed to zone this area to alleviate the problems. 2. James Wren. Mr. Wren stated that he lived in Settler's Way and was in favor of the zoning of this area to neighborhood conservation. He felt this area should be zoned similar to Forest Hills for the quality of life of its residents and also to maintain their property values. CONSIDER ORDINANCE 99 -02 -09.1 AMENDING THE OFFICIAL ZONING MAP TO INCLUDE THE BOUNDARY CHANGES TO THE ZONING DISTRICTS FOR SETTLER'S WAY 1� Councilmember Castille made a motion to approve Ordinance 99 -02 -09.1 amending the official zoning map to include the it boundary changes to the zoning districts for Settler's Way, and Councilmember Rex seconded the motion. All were in favor except Councilmember Martinez. The motion passed 7 -1. CITY COUNCIL MEETING OF FEBRUARY 9, 1999 BOOK "S" 194 CONSIDER PRESENTATION OF THE ANNUAL FINANCIAL REPORT FOR FY 1997 -98 BY MR. KEN DAVIS, CITY AUDITOR Councilmember Lunme made a motion to accept the Annual Financial Report for FY 1997 -98 and Councilmember Howard seconded the motion. The motion passed unanimouslv. CONSIDER A JOINT ELECTION AGREEMENT BETWEEN THE CITY AND THE HUNTSVILLE INDEPENDENT SCHOOL DISTRICT FOR THEIR RESPECTIVE ELECTIONS HELD MAY 1, 1999 - ij Councilmember Lange made a motion to approve a joint election agreement between the City and HISD for their respective i elections held on Mav 1 1999 and Councilmember Castille seconded the motion The motion passed unanimously. U CONSIDER ORDINANCE 99 -02 -09.2 CALLING THE CITY OFFICER'S ELECTION FOR MAY 1, 1999, FOR ELECTING THE MAYOR AND FOUR WARD COUNCH,MEMBERS Councilmember Lange made a motion to approve Ordinance 99 -02 -09.2 calling the City Officer's election for May 1 1999 and Councilmember Castille seconded the motion. The motion passed unanimously. CONSIDER BUDGET ADJUSTMENTS AND THE TAX ROLL CORRECTIONS AND ADJUSTMENTS Councilmember Luang made a motion to approve the budget adjustments and tax roll corrections for the quarter ended 12 -31 -98 and Councilmember Rex seconded the motion. The motion passed unanimously. i CONSIDER ORDINANCE 99 -02 -09.3 APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A NEW AND UNUSED 1999 118 CUBIC YARD ALUMINUM OPEN TOP LIVE FLOOR TRAILER IN THE AMOUNT OF $48,265 AT AN INTEREST RATE OF 4.74% FROM DONNIE WELLS Councilmember Rex made a motion to approve Ordinance 99 -02 -09.3 approving claim and delivery certificates of obligation for a 1999 118 cubic vard aluminum open top live floor trailer in the amount of $48,265 at an interest rate of 4.74% from Donnie Wells and Councilmember Castille seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 99 -02 -09.4 DECLARING THE NECESSITY FOR ACQUIRING BY EASEMENTS ACROSS CERTAIN DESCRIBED PROPERTIES FOR RIGHT -OF -WAY PURPOSES FOR CONSTRUCTION AND OPERATION OF A WATER PIPELINE AND RELATED APPURTENANCES Mayor Green stated that this item would be considered at a later date. CONSIDER BIDS 1. Bid 99 -13, Industrial Lift Truck, to Mustang Industrial, in the amount of $19,356.00. Councilmember Rex made a motion to approve Bid 99 -13 for an industrial lift truck to Mustang Industrial in the amount of $19,356.00, and Councilmember Castille seconded the motion. The motion passed unanimously. 2. Bid 99-14,1999 12 cubic yard tandem axle dump truck, to Duncan Truck Sales, Inc., in the amount of $56,773.00. Councilmember Lunine made a motion to approve Bid 99 -14, for a 1999 12 cubic yard tandem axle dump truck to Duncan Truck Sales, Inc in the amount of $56,773.00, and Councilmember Rex seconded the motion The motion passed unanimously. 3. Bid 99 -16, asphalt distributor, to R. B. Everett & Company, in the amount of 548,612.00. Councilmember Rex made a motion to approve Bid 99 -16 for an asphalt distributor to R B Everett & Company, in the amount of $48.612.00, and Councilmember Castille seconded the motion The motion passed unanimously. 4. Bid 99 -17, miscellaneous pipe, to Intemational Supply, in the amount of $32,058.00. Councilmember Howard made the motion to approve Bid 99 -17 for miscellaneous njne to International Supply, in the amount of $32,058.00, and Councilmember Castille seconded the motion The motion passed unanimously. i MEETING OF FEBRUARY 9, 1999 BOOK "S" 195 CONSIDER APPROVAL OF TWO HUNTSVILLE ARTS COMMISSION PROJECTS TOTALING $1,200 TO BE FUNDED FROM THE UNALLOCATED FUNDS Councilmember Castille made the motion to approve two Huntsville Arts Commission projects for a total of 51,200 to be funded from the Arts Commission unallocated funds, and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER RESOLUTION 99 -02 -09.1 APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS TAXABLE SERIES 1999 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT) AND APPROVING AND AUTHORIZING THE INSTRUMENTS AND PROCEDURES RELATED THERETO (CONTINGENT UPON APPROVAL OF TRA AND TENASKA) ,lint Sims, Trinity River Authority updated City Council on this project. Councilmember Lange made the motion to approve Resolution 99 -02 -09.1 approving a resolution authorizing the issuance, sale and detiveTv of Trinity River Authority of Texas contract revenue bonds taxable series 1999 (HRWSS project) and approving and authorizing the instruments and procedures related thereto (contingent upon approval ofTRA and Tenaska) and Councilmember Rex seconded the motion. The motion passed unanimously. " CONSIDER CREATION OF RECREATION COORDINATOR POSITION BY Ii j PERSONNEL ALLOCATION AND FUNDING FOR THE REMAINDER OF FY 1998 -99 Mr. Pipes stated that this position was discussed during the FY 1998 -99 budget preparations and Council decided the wait until II grants were received before hiring a recreation coordinator. At this time, the City has received a 5325,623 grant from the Parks and �i Wildlife Department and staff is recommending the creation of the position by personnel allocation and request Council authorize funding the position for the remainder of FY 1998 -99. Councilmember Castille expressed her interest in the position acting as liaison with the community's social service organizations. jI Mr. Pipes stated that a job description was being drafted and would be available for Council review. Ij Councilmember Lange made the motion to approve the creation of the Recreation Coordinator position by personnel allocation ii and funding for the remainder of FY 1998 -99 and Councilmember Martinez seconded the motion. The motion passed unanimous]y. MAYOR'S ACTIVITY REPORT 1. Consider Board and Commission appointments: 1) Board of Adjustments and Appeals - reappoint Paul Slaton IV, Gary Hartman, and Jerry Momer; and 2) Parks and Recreation Advisory Board - reappoint John Gilbert and Becky Roche. Councilmember Castille made a motion to approve the Mayor's appointments to the Board of Adjustments and Appeals and Parks and Recreation Advisory Board as stated above, and Councilmember Rex seconded the motion. The motion gassed unanimously. 2. Consider amended retainer agreement with Scott Bounds and the continuation of his designation as City Attorney until replaced. Councilmember Rex made a motion to approve an amended retainer agreement with Scott Bounds in the amount of $130.00 per hour, and Councilmember Castille seconded the motion. The motion passed unanimously. 3. Recess into EXECUTIVE SESSION to discuss: a) personnel matter - candidates for the position of City Attorney, and b) real estate acquisition -tax sale lots, and water pipeline. [6:40 p.m. - 7:00 p.m.] 4. Consider appointment of new City Attorney. `I Mayor Green recommended Paul Isham as the new City Attorney for the City of Huntsville beginning on April 1" at an � annual salary of $75,000. Mc Isham could begin working at an hourly rate of $75.00 immediately. Councilmember Lange made a motion to approve the Mayor's recommendation of Pau] Isham as the Citv's new attorney at an annual salary of S75,000 beginning April ] authorized up to $5,000 in moving expenses and authorized an interim contract of S75.00 per hour until April 1, and Councilmember Rex seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF FEBRUARY 9, 1999 BOOK "S" 196 5. Consider tax sale trust properties. Councilmember Lupine made a motion to approve the tax sale trust properties to the high bidders as listed on pace 86. and the retention of lots 21 and 22. block 15 Elkins Lake Subdivision Section 2 at a cost of $1264.00 per lot to be funded from the general fund reserve for future allocation and Councilmember Howard seconded the motion The motion passed unanimously. i COUNCILMEMBER ACTION 1. Consider Ordinance 99 -02 -09.5 approving the settlement agreement of the rate case with Entergy /GSU as recommended by i the Coalition of Cities Steering Committee, as presented by Councilmember Luning. Councilmember Luning made a motion to approve Ordinance 99-02-09.5 approving a settlement agreement of the rate case i with Entergy /Gulf States as recommended by the Coalition of Cities, and Councilmember Castille seconded the motion The motion passed unanimously. 2. Energy /Gulf States Rate Case. Councilmember Lange commended Councilmember Loring for his time and work on the rate case over the past several years. 3. Noise Complaints. Councilmember Castille stated that she has received numerous complaints from residents on Martin Luther King Blvd. about noise problems and asked Chief Eckhardt to increase patrols in this area to address this problem. 4. Elkins Lake Complaint. Councilmember Rex stated she had received a complaint from a resident in Elkins Lake that on Rolling Hills there are some renters who have visitors parking all along the street after school and on weekends. Chief Eckhardt stated that he had not received a complaint personally, but there could have been a complaint made to the police department. Councilmember Smith stated that the residents are intimidated about complaining to the police, but he had advised them that a paper trail needed to be established before the problem can be addressed. 5. City Officer's Election. Councilmember Luning announced that he would file for election on February 15. Councilmember Smith stated that he also planned to run for re- election. MEDIA INQUIRIES Wayne Sorge, KSAM, asked if the other incumbents planned to run for re- election. Mayor Green and Councilmembers Castille both stated they planned to file for re-election. ADJO\U V Danna Welter, City Secretary