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MIN CC 09/19/2000CITY COUNCIL MEETING OF SEPTEMBER 19, 2000 BOOK'S 287 287MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF SEPTEMBER 2000, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 PM The Council met in a regular session with the following members present: COUNCILMEMBER: William B. Green, Mayor Marjorie Rex Officers: Mark Erb JoAnn Castille Bob Hart, City Manager David Martinez Steed Smith Paul Isham, City Attorney Dave Luning Vance Howard Danna Welter, City Secretary !' Absent: Ralph A. Davis, Jr. CALL TO ORDER Mayor Green called the meeting to order. INVOCATION Invocation by J. D. Schindler, Director of Community Services. PUBLIC HEARING Received comments on the proposed tax rate of $.4325 for the fiscal year October 1, 2000 through September 30, 2001. Janice Lange spoke regarding the tax rate. Ms. Lange was not opposed to the tax rate, but felt that recommendations over the past years had not been funded and perhaps been overlooked in this budget in favor of a municipal golf course. PUBLIC COMMENTS 1. Ann Holder. Ms. Holder spoke against the proposal to extend 10� Street through to the Feeder Road. 2. Charles Smither, Jr. Mr. Smither expressed his concerns regarding the TXDOT's plan on widening Loop 19, thereby creating limited access to businesses. CONSENT AGENDA 1. Approve the award for Stop Loss and Annual Aggregate coverage to Employers Re- insurance Corp, renew the contract with Met Life for employee Basic Life and AD &D coverage, and award the Long Term Disability contract to Sun Life of Canada. 2. Approve the exemption from the Health Insurance Portability and Accountability Act of 1996 (HIPAA) allowed to self funded nonfederal government plans. 3. Approve bid from McCarty Electric in an amount of $25,969.85 for the energy- eff icient modifications /retrofit of interior lighting at City facilities. 4. Approve Resolution 2000 -09 -19.1 authorizing the City Manager to submit an application to the Texas Parks and Wildlife Department for a grant under the Community Outdoor Outreach Program. 5. Approve minutes of August 22 and September 5, 2000. Councilmember Luning requested that item #4, Resolution 2000 -09 -19.1, be removed from the consent agenda and called for a full discussion. Councilmember Luning made a motion to approve the consent agenda without item #4 and Councilmember Smith seconded the motion All were in favor and the motion passed unanimously. NOTE: Councilmember Davis absent. STATUTORY AGENDA 1. Approve Resolution 2000 -09 -19.1 authorizing the City Manager to submit an application to the Texas Parks and Wildlife Department for a grant under the Community Outdoor Outreach Program. ' Mr. Wilder stated that the Community Outdoor Outreach Program is a grant wherein funds are available through the Texas Parks and Wildlife Department. If the City of Huntsville were approved for this grant, these funds would be used to provide an educational learning experience for children between the ages of 7 -18 through a series of outdoor camping trips. These trips would consist of 30 children per trip and would accommodate a total of 300 children in 10 camping trips. Councilmember Castilla made a motion to approve Resolution 2000 -09 -19.1 authorizing the City Manager to submit an application to the Texas Parks and Wildlife Department for a grant under the Community Outdoor Outreach Program and Councilmember Rex seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 19, 2000 BOOK "S" 288 2. Follow up discussion on the proposed FY 2000 -2001 budget and proposed tax rate, as presented by Patricia Allen. Ms. Allen discussed the proposed budget, tax and rate ordinances to be adopted at the next meeting. The consensus:' of Council was to go forward with the ordinances at the 26'" meeting. i! 3. Consider trade of Lot 3B out of the Jimmie L. Watson Rhodes, et al Property and Assign Tower Lease with AT &T to Alton'. Niederhofer in Return for a Portion of the Niederhofer Property between Avenue I and Avenue J and 14" and 15" Streets. I On September 5, 2000, the City Council approved and Option an Lease Agreement with AT &T Wireless PCS, LLC forj the construction of a cellular tower on City -owned property on 14'h Street and known as the Jimmie L. Watson Rhodes, et!' it al Property. On September 11, 2000, the Planning and Zoning Commission approved a replat of the property and the tower'. sight is now known as Lot 3B out of the Jimmie L. Watson Rhodes, et al Property. City staff negotiated the lease agreement'',. ij with AT &T in order to prevent a cellular tower from being constructed adjacent to the downtown historic district. The City was aware that AT &T had been negotiating with other landowners, including Alton Niederhofer, concerning the siting of the tower, but was not aware that AT &T had signed a lease with another landowner. After the Council approved the Option and Lease Agreement on September 5, Mr. Niederhofer contacted the City and met with City officials concerning the tower issue. At that time, he presented a signed lease indicating that AT &T had leased a portion of his property between Avenues I and J and 14'" and 15" Streets. Upon the presentation of the facts and issues by Mr. Niederhofer, the City sought . and amicable solution to the matter. It was always the intent of the City staff to prevent the intrusion of a tower into the it historic downtown area -not obtain revenue for the City or prevent Mr. Niederhofer from receiving lease payments from AT &T. The parties have tentatively resolved the issues subject to City Council approval. It is proposed that the City convey Lot 3B out of the Jimmie L. Watson Rhodes, et al Property to Alton Niederhofer and assign the Option and Lease Agreement with AT &T to Mr. Niederhofer in return for receiving a deed to a portion of the property that Mr. Niederhofer owns between Avenues I and J and 14� and 15' Street. Mr. Niederhofer's property will be surveyed in order to establish the property being ': conveyed to the City, but generally it is the area within the drainage way. Councilmember Rex made a motion to approve of the trade of Lot 3B out of the Jimmie L Watson Rhodes of al Property.- and assignment of the Option and Lease Agreement with AT &T Wireless PCS LLC to Alton Niederhofer in return for a portion of the Niederhofer Property between Avenue I and Avenue J and 14� and 15' Streets and authorize the Mayor to sign the deed once the Niederhofer Property has been surveyed and a deed prepared on the conveyance of the Niederhofer j Property to the City, and Councilmember Castilla seconded the motion The motion passed unanimously. I' j! MAYOR'S ACTIVITY REPORT 1. TML Registration Information. Mayor Green asked that Councilmembers review the TML registration form, fill in pertinent information and return to the ii City Secretary. EXECUTIVE SESSION [6:15 P.M. - 7:05 P.M.] i'. 1. Section 551.072 - to deliberate the purchase, exchange, lease or value of real property or interest in real property, to wit: a. Right -of -way acquisition for the Southern section of the West Arterial; jj b. Eastham- Thomason Park land acquisition; c. Extension of Tanglewood Drive. RECONVENE [7:05 P.M.] 1. Councilmember Castilla made a motion to purchase 3.947 acres right -of -way and green belt acquisition with the reservation of a 50 foot strip across the green belt for ingress egress and utilities access along the proposed extension of Oak Hills Drive from Byron Sandel in an amount not to exceed $45,000, and Councilmember Howard seconded the motion. The motion passed unanimously. 2. Councilmember Castille made a motion to authorize acceptance of 7.167 acres of right of way for the South Arterial and approximately 8 acres of property containinq an existing lake from Larry Dawson and Councilmember Howard seconded the motion. The motion passed unanimously. ADJOURNMENT [7:07 P.M.