MIN CC 06/29/1999CITY COUNCIL MEETING OF JUNE 29, 1999 BOOK "S" 216
MINUTES OF THE HUNTS VILLE CITY COUNCIL MEETING HELD ON THE 29TH DAY OF JUNE, 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:
COUNCH,MEMBER:
William B. Green, Mayor Marjorie Rex Officers:
Dave Luning JoArm Castillo Gene Pipes, City Manager
Vance Howard Steed Smith Paul Isham, City Attorney
Dan Davis David Martinez Danna Welter, City Secretary
Absent: Mark E. Erb
FINANCE COMMITTEE MEETING (4:05 p.m. - 4:50 p.m.)
a. Conduct an annual review of the budgetary and fiscal policies, and investment policies;
b. Prioritize the outside requests for budget decision packages;
c. Discuss the City employees' retirement (TMRS) contribution rate and the disposition of residual funds from prior year
contributions; and
d. Consider the method of utility billing.
PERSONNEL COMMITTEE MEETING (4:00 p.m. - 4:45 p.m.)
EXECUTIVE SESSION to discuss recommendations on the salary and benefit package and compensation for the Charter Officers and
unclassified positions.
EXECUTIVE SESSION ( 4:52 p.m. - 5:12 p.m.)
a. real estate acquisition: IP Street (Green property), and 136 Street and Avenue N; and
b. pending litigation: Kimich v. COH, and Robinson Creek Wastewater Treatment Plant Permit.
CITIZEN INPUTANQUIRY
I. Joseph Castille, Tall Timbers.
Mr. Castille asked for an update on the City's water, sewer and street projects for the Tall Timbers area. He stated that work on
the project seems to have come to a halt. Mr. Wilder stated that the project had been delayed but in fact the Street Department was
scheduled to resume activity this week. Part of the delay was in surveying and procurement of easements for the balance of the road
beyond the right -hand bend. Mr. Isbell would be available to discuss the details.
INVOCATION
Invocation by Carroll Williams, First Baptist Church.
CONVENE PUBLIC HEARING
Consider amendments to the City of Huntsville Development Code that would require a Certificate of Compliance as to setbacks
for the placement of mobile homes and manufactured homes on lots within the City, and would require the property owner as well as
the person placing a mobile home or manufactured home on a lot to comply with setback requirements (sections 202 and 501.3).
No public input. Mayor Green closed hearing.
CONVENE PUBLIC HEARING
Consider the proposed use of Local Law Enforcement Block Grant (LLEBG) Program funds.
No public input. Mayor Green closed hearing.
MINUTES
Councilmember Martinez made a motion to anmove the June 8. 1999, minutes. and Councilmember Castille seconded the motion.
The motion passed unanimously. NOTE: Councilmember Erb absent
CONSIDER ORDINANCE 99 -06 -29.1 AMENDING TITLE 32, COMMUNITY DEVELOPMENT, OF THE CODE
OF ORDINANCES, TO REQUIRE A CERTIFICATE OF COMPLIANCE AS TO SETBACKS FOR THE PLACEMENT
CITY COUNCIL MEETING OF JUNE 29 1999
BOOK "S"
217
OF MOBILE HOMES AND MANUFACTURED HOMES WITHIN THE CITY, AND WOULD REQUIRE
THE PROPERTY OWNER AS WELL AS THE PERSON PLACING A MOBILE HOME OR MANUFACTURED
HOME ON A LOT TO COMPLY WITH SET BACK REQUIREMENTS (SECTIONS 202 AND 501.3)
Councilmember Howard made a motion to approve Ordinance 99 -06 -29.1, amending Title 32, Community Development of the
Code of Ordinances to regrdre a certificate of compliance as to setbacks for the placement of mobile homes and manufactured homes
within the City, and require the property owner as well as the person placing a mobile or manufactured home on a lot to comply with
the setback requirements, and Councilmember Castille seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER RESOLUTION 99 -06 -29.1 GRANTING CONSENT TO THE TRANSFER OF CONTROL
OF THE CABLE TELEVISION FRANCHISE
Councilmember Rex made a motion to approve Resolution 99 -06 -29.1 granting consent to the transfer of control of the Cable
Television Franchise to Cox Communications, and Councilmember Davis seconded the motion. The motion passed unanimously.
CONSIDER AGREEMENT WITH ELKINS LAKE RECREATION CORPORATION TO ACQUIRE
RIGHT -OF -WAY FOR THE ARTERIAL ROADWAY AND OTHER
Councilmember Smith made a motion to approve an agreement with Elkins Lake Recreation Corporation to acquire right -of -way
for the arterial roadway and other considerations, and Councilmember Martinez seconded the motion. All were in favor except
Councilmember Castille. The motion Passed 7 -1.
CONSIDER ORDINANCE 99 -06 -29.2 AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE
ACQUISITION OF CERTAIN INTERESTS IN PROPERTY THAT IS REQUIRED FOR PUBLIC PURPOSES
(EASTHAM- THOMASON PARK) AND DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT THE OFFER IS REFUSED
Councilmember Davis made a motion to approve Ordinance 99 -06 -29.2 authorizing the City Attorney to make an offer for property
required for public purposes Eastham- Thomason Park, and directing the City Attomev to institute condemnation proceedings in the
event the offer is refused and Councilmember Castille seconded the motion. The motion passed unanimously.
CONSIDER ORDINANCE 99 -06 -29.3 AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE
ACQUISITION OF CERTAIN INTERESTS IN PROPERTY THAT IS REQUIRED FOR PUBLIC PURPOSES
(FISH HATCHERY SANITARY SEWER) AND DIRECTING THE CITY ATTORNEY TO INSTITUTE
IN THE EVENT THE OFFER IS REFUSED
Councilmember Rex made a motion to approve Ordinance 99 -06 -29.3 authorizing the City Attorney to make an offer for property
required for public purposes Fish Hatchery sanitary sewer, and directing the City Attomev to insti tute condemnation proceedings in
the event the offer is refused, and Councilmember Castille seconded the motion. The motion Passed unanimouslv
CONSIDER TAX SALE TRUST PROPERTIES AS RECOMMENDED BY CHIEF APPRAISER GRO VER COOK
Councilmember Rex made a motion to approve the tax sale trust properties as recommended by Chief Appraiser Grover Cook, and
Councilmember Howard seconded the motion. The motion passed unanimously.
CONSIDER RESOLUTION 99 -06 -29.2 AUTHORIZING THE CITY TO PARTICIPATE IN THE GENERAL
SERVICES COMMISSION COOPERATIVE PURCHASING PROGRAM
CouncilmemberHoward made a motion to approve Resolution 99 -06 -29.2 authorizing the City toparticipate in the General Services
Commission cooperative pmchasing program and Councilmember Rex seconded the motion. The motion Passed unanimously.
CONSIDER BID 99 -21, MISCELLANEOUS PIPE AND APPURTENANCES FOR UTILITY CONSTRUCTION
ON OLD COLONY ROAD AND GENEVA ROAD PROJECTS TO U.S. FILTER IN AN AMOUNT OF $113,439.00
Councilmember Luning made a motion to approve Bid 99 -21, miscellaneous pipe and appurtenances to U. S. Filter in an amount
of $113.439, and Councilmember Smith seconded the motion. The motion Passed unanimously.
CITY COUNCIL MEETING OF JUNE 29, 1999
BOOK "S" 218
CONSIDER ORDINANCE 99 -06 -29.4 AMENDING TITLE 7, TOW TRUCKS, OF THE CODE OF ORDINANCES,
AMENDING THE APPEAL PROCESS, POLICE ROTATION LIST, AND OTHER SECTIONS
Councilmember Martinez stated that he had signed a conflict of interest due to ownership of a wrecker company and excused
himself from the room for the discussion of this issue.
Councilmember Howardmade amotion to approve Ordinance 99 -06 -29.4 amending Title 7, Tow Trucks, of the Code of Ordinances
amending the appeal process, police rotation list and other sections, and Councilmember Rex seconded the motion. All were in favor
except Councilmember Castillo. The motion passed 6 -1. NOTE: Councilmember Martinez not present
CONSIDER RESOLUTION 99 -06 -29.3 AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER
SALE AGREEMENT WITH WALKER COUNTY RURAL WATER SUPPLY CORPORATION
Councilmember Rex made a motion to approve Resolution 99 -06 -29.3 authorizing the Citv Manager to enter into a water sale
agreement with Walker Countv Rural Water Suuply Corporation. and Councilmember Howard seconded the motion. The motion
assed unammousl
CONSIDER REPLACEMENT OF AIRPORT LIGHTS AT AN APPROXIMATE COST OF $8,250 UNDER THE
TXDOT "RAMP" AGREEMENT TO BE FUNDED FROM GENERAL RESERVE FOR FUTURE ALLOCATION
Councilmember Luning made a motion to approve replacement of airport lights at an estimated cost of 58,250 under the TXDOT
"Ramp" Agreement to be funded from the General Fund RFA, and Councilmember Davis seconded the motion. The motion passed
unanimously.
CONSIDER ACQUISITION OF TAX SALE LOT NEEDED FOR THE EXTENSION
OF SAM HOUSTON AVENUE TO UNIVERSITY AVENUE
Mr. Wilder stated that this lot is needed for the extension of Sam Houston Avenue. It is listed on the map as being owned by Kattie
Swinton.
Councilmember Rex made a motion to acquire a tax sale lot needed for the extension of Sam Houston Avenue, and Councilmember
Castille seconded the motion. All were in favor and the motion passed unanimously.
REPORT ON REVISED SCHEDULE FOR ROADWAY CONSTRUCTION PROJECTS
RELATED TO THE ARTERIAL PROJECT
Mr. Wilder reported on the revised schedule included in the meeting packet for the roadway construction projects related to the
arterial project.
MAYOR'S ACTIVITY REPORT
1. Consider Board and Commission appointments:
i. Huntsville Housing Authority: reappoint Dr. Ross Lovell to the Board of Directors and Norma Howard as Resident
Commissioner; and
Councilmember Davis made a motion to approve the Mayor's appointments to the Huntsville Housing Authority, and
Councilmember Smith seconded the motion. The motion passed unanimously.
ii. Huntsville Library Board: reappoint Mary Francis Park and appoint Derrell Mitchell.
Councilmember Smithmade a motion to annrpve the Mavor' s appointments to the Huntsville Library Board, and Councilmember
Castillo seconded the motion. The motion passed unanimous]
2. Consider allocation of travel funds for Councilmembers Davis and Castille to attend the Association of Mayors and
Councilmembers Conference in Lubbock in July.
Councilmember Rex made a motion to allocate $2.000 for Councilmembers Davis and Castille to attend AMCC in Lubbock in July,
and Councilmember Martinez seconded the motion. The motion passed unanimouslv.
3. Consider settlement agreement with the parties of interest in the TNRCC discharge permit pending for the Robinson Creek
Wastewater Treatment Plant.
Councilmember Lunine made a motion to approve the settlement agreement with narties ofinterest in the TNRCC discharge Dermit
pending for the Robinson Creek Wastewater Treatment Plant, and Councilmember Castille seconded the motion. The motion passed
unanimously. NOTE: Councilmember Davis abstained from this vote.
Cr1'Y COUNCIL MEETING OF JUNE 29, 1999 BOOK "S" 219
4. Consider authorization to purchase the Green property on 13* Street.
Councilmember Rex made a motion to authorize the purchase of the Green property on W Street for the appraised value, and
Councilmember Howard seconded the motion. The motion passed unanimously.
5. Notice of Emergency Management exercise scheduled for July 7, 1999 at 9:00 a.m.
6. TML Fall Meeting. Mayor Green reminded Council that the TML Region 14 Fall Meeting would be held in July in Galveston.
Councilmembers need to advise the City Secretary if they plan to attend so that funds can be allocated at the next meeting.
CITY COUNCILMEMBER ACTION
1. Consider Resolution 99 -06 -29.4 authorizing participation with other cities to intervene in an Entergy /Gulf States fuel case and
oppose efforts by Entergy /Gulf States to base refunds on hypothetical rather than actual revenues.
Councilmember Lupine made a motion to approve Resolution 99 -06 -29.4 authorizing participation with other cities to intervene
in an Entergy /GSU fuel case and oppose efforts by Energy /GSU to base refunds on hypothetical rather than actual revenues. and
Councilmember Smith seconded the motion. The motion passed unanimously.
4i° of Julv Celebration. Councilmember Luning reminded City Council about the July 4'" events, including the afternoon activities
downtown and the fireworks shows.
Attorney General Advisory Commission. Councilmember Davis stated that he would be attending the AMCC Conference due to the
fact that he had been appointed to this commission and the first meeting is scheduled at the conference.
Continuing Education Award. Councilmember Castille stated that she would receive a continuing education award at the AMCC
Conference.
Fish Hatchery Sewer Project. Councilmember Rex stated that she has been exasperated with the length of time (five years) it has taken
to proceed with the Fish Hatchery sewer project and hopes that the ordinance approved earlier in the meeting will allow the project
to finally begin.
Regional Review Committee Meeting, Councilmember Martinez stated that he was selected as Vice Chairperson of the Regional
Review Committee and would attend a meeting at HGAC on July 14.
None.
MEDIA
RECESS INTO WORK SESSION
Discuss the T.A.O. Audit - Executive Summary of the Wynne Home and consider options to determine the end use of the facility.
[6:40 p.m. - 7:30 p.m.]
ADJOURNMENT 17:30 P.M.]
�Danna Welter, City Secretary