MIN CC 11/13/2001CITY COUNCIL MEETING OF NOVEMBER 13, 2001 BOOK "S" 359
.j MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF NOVEMBER, 2001, 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 a regular session with the following members present:
COUNCILMEMBER
William B. Green, Mayor
David Martinez
Officers:
Gary Crawford
Steed Smith
Bob Hart, City Manager
Mark Erb
John Escobedo
Paul Isham, City Attorney
Vance Howard
Marjorie Rex
Danna Welter, City Secretary
Absent: Ralph A. Davis, Jr.
PERSONNEL COMMITTEE MEETING [4:05 p.m. - 5:00 p.m.]
Discuss: a. Health insurance for part-time employees;
b. Longevity pay for non - classified employees;
c. Reclassification of Project Coordinator position to Grant Administrator;
d. Upcoming Compensation and Classification Study; and
e. Organizational Development Process.
FINANCE COMMITTEE MEETING [4:50 p.m. - 5:00 p.m.]
Review: a. Budget adjustments for the FY 2000 -01 budget and the FY 2001 -02 budget; and
b. Bids received for debt issue for construction of Golf Course.
1 CALL TO ORDER [5:25 p.m.]
Mayor Green called the meeting to order.
INVOCATION
Invocation by David Valentine, First Baptist Church.
PUBLIC COMMENTS
1. Recognition of the Texas Amateur Athletic Federation male and female athletes of the year, as presented by Patrick
Antwi, Recreation Coordinator.
CONSENTAGENDA
1. Authorize the City Manager to approve City participation of the proposed waterline extension to the Super 8 Motel at
3121 Montgomery Road in the amount of $7,405.00.
2. Authorize the City Manager to purchase bleachers for the High School Baseball Field at Ross Park in the amount of
$8,000.00 from revenue generated from scoreboard advertisement.
3. Approve Change Order No. A -2 in the amount of $340,390.20 to be funded from the golf course budgeted funds.
4. Approve acceptance of the COPS MORE 2001 Grant in the amount of $246,199.00 with a match of $82,066.00 and
authorize the City Manager to accept this grant award.
5. Authorize the payment of $6,061.34 from the City Council contingency funds to the Gulf Coast Strategic Highway
System.
6. Approve the budget adjustments as submitted for the FY 2000 -01 budget.
7. Approve Ordinance 2001 -11 -13.1 adding the automated meter reading project, funding the capital construction crew
and amending the Golf Course Construction Project Budget.
8. Approve the budget adjustments as submitted for the FY 2001 -02 budget.
9. Approve Ordinance No.2001 -11 -13.4 requiring trench burning as the only permissible burning method for land clearing
operations.
Councilmember Howard made a motion to approve the Consent Agenda with the exception of item #3, and
' Councilmember Erb seconded the motion. The motion passed unanimously. NOTE: Councilmember Davis absent.
3. Approve Change Order No. A -2 in the amount of $340,390.20 to be funded from the golf course budgeted funds.
The change order will provide the following:
road access to the well site and maintenance building from Veteran's Memorial Parkway at a cost of $153,536.60;
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raw water line (12" and 8 ") from the well site to the irrigation pond at a cost of $72,175.00;
wastewaterand storm sewer lines across the proposed golf coursetothe Robinson 125 -acre tractto preventfuture
CITY COUNCIL MEETING OF NOVEMBER 13 2001 BOOK S' 360
development impact on the golf course at a cost of $114,678.00.
The approval of the change order is necessary at this time to coordinate with the continued construction of the golf
course facility.
Councilmember Howard made a motion to Approve Change Order No A -2 in the amount of $340,390.20 to be funded:
!; from the golf course budgeted funds and Councilmember Erb seconded the motion The motion passed unanimously.
STATUTORY AGENDA
1. Approve discontinuance of non - resident library card fee in order to fully participate in the receipt of Lone Star Libraries '..
Program grant funds and approve joining the statewide TexShare Library Card Program.
On January 15, 1985, Huntsville City Council instituted an annual fee of $10.00 for persons residing outside City limits j
wishing to utilize library services. City elected officials had previously approached Walker County officials, requesting annual !.
funding for one staff member, and the non - resident fee was put into effect when that request was denied. Hardship
exemptions to the fee were authorized by the City Manager for recipients of federal assistance, persons paying city property
taxes, Friends of the Library members, and persons presenting donations in excess of $10.00. One library card was issued
for the entire family.
The 77' Legislature appropriated $2.9 million for each year of the 2002 -2003 biennium for the new Lone Star Libraries
Program of direct state aid to Texas public libraries. The Lone Star Program is being administered by the Texas State
Library and Archives Commission Library Development Division, and funds to be disbursed through the program are to be
utilized to address local library operating needs. Funds will be distributed via a formula in which funding is significantly
reduced if libraries have a non - resident fee or do not participate in the TexShare Card Program. The TexShare program
promotes statewide resource sharing by allowing patrons in good standing at their local public library to check out Huntsville
Public Library materials under our policy guidelines. Libraries which do not have a non - resident fee and have enrolled in the
TexShare program by November 30, 2001, will receive 100% of their possible allocation. Individual grant allocations cannot
be determined until all libraries have indicated their willingness or lack thereof to provide free public library services.
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The Texas State Library and Archives Commission has as a primary goal the provision of free public library service and
all indicators are that future state funding will carry these same funding stipulations. It is anticipated that initial direct aid
grants will be distributed after January 2002.
At their last meeting, members of the Huntsville Public Library Board unanimously recommended discontinuation of the
non - resident fee and enrolling in the TexShare Library Card Program.
Councilmember Erb made a motion to Approve discontinuance of non- resident library card fee in order to fully
participate in the receipt of Lone Star Libraries Program grant funds and approve ioining the statewide TexShare Library Card
Program, and Councilmember Howard seconded the motion. The motion passed unanimously.
2. Consideration and action with respect to Ordinance 2001 -11 -13.2, Authorizing the Issuance of $5,000,000.00 City of
Huntsville, Texas Combination Tax and Revenue Certificates of Obligation, Series 2001; Levying an Ad Valorem Tax
and Pledging Certain Revenues in Support of the Certificates; Approving an Official Statement; Awarding the Sale of
the Certificates; Authorizing Execution of a Paying Agent/Registrar Agreement; and Ordaining Other Matters Relating
to the Issuance of the Certificates.
Seal bids were opened and Prudential won the bid at 4.971941. Fidgic -GE Capital won the insurance bid at $24,200.
Councilmember Howard made a motion to approve Ordinance 2001 -11 -13.2 authorizing the Issuance of $5.000.000.00
City of Huntsville. Texas Combination Tax and Revenue Certificates of Obligation Series 2001; Levying an Ad Valorem Tax
and Pledging Certain Revenues in Support of the Certificates Approving an Official Statement Awarding the Sale of the
Certificates: Authorizing Execution of a Paving Agent/Registrar Agreement and Ordaining Other Matters Relating to the
Issuance of the Certificates. and Councilmember Erb seconded the motion. The motion passed unanimously.
3. Approve Ordinance 2001 -11 -13.3 Granting a Nonexclusive Franchise to TCA Holdings II, L.P. d /b /a Cox o.
Communications.
Cox is the cable provider within the City of Huntsville and has a nonexclusive franchise with the City to provide such
services. The current agreement originally expired on August 10, 2001, but on October 9, 2001, the City Council extended
the expiration date to December 31, 2001. The proposed new Franchise Agreement will become effective upon January !.
1,2002.
It should be noted that the United States Congress adopted the Cable Television Consumer Protection and Competition
Act of 1992 and the Telecommunications Act of 1996 and restricted a city's abilityto regulate the services and rates provided '.!
CITY COUNCIL MEETING OF NOVEMBER 13, 2001 BOOKS _ _ 361
by a cable provider within a city. The city may regulate the rates for "basic cable" service which is the lowest priced tier
consisting of the retransmission of local broadcast signals and the public access channel. As a result of the limitation on
the City's ability to regulate rates and services, the Franchise Agreement deals with the use of the City's public ways, the
extension of service within the City, reporting, insurance and other requirements. The Franchise Agreement is similar to
the existing agreement except that it has been modified to meet the requirements of current law in this area.
One important substantive change in the Franchise Agreement is that the franchise fee will be increased from four;j
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Percent (4 %) to five percent (5 %). Changes in federal law since the date of the 1991 franchise agreement allow cities to
charge a five percent (5 %) fee. This change will result in a increase in customers bills depending on the level of the
Subscriber's service. The increase in the franchise fee will be effective with invoices issued by Cox on and after February i-
1, 2002.
Councilmember Rex made a motion to approve Ordinance 2001-11-13.3 Granting a Nonexclusive Franchise to TCA
Holdings II L P d /b /a Cox Communications and Councilmember Howard seconded the motion. The motion passed
unanimously. NOTE: Councilmember Crawford did not vote - conflict of interest.
4. Authorize the City Manager to enter into the Solid Waste Disposal Contract between the City of Huntsville and TDCJ
for the period of October 1, 2001, through September 30, 2003.
The City of Huntsville Solid Waste Division has provided solid waste disposal service for TDCJ since April, 1994. The
City established TDCJ's disposal fee through the City's operational cost and landfill fee in correlation with the disposal
contract between the City's disposal fee at Brazos Valley Solid Waste Management Agency Landfill (BVSWMA). Staff is
requesting that the City approve the renewal of TDCJ's contract for the remaining two (2) years of the disposal contract
between BVSWMA and the City.
Councilmember Howard made a motion to Authorize the City Manager to enter into the Solid Waste Disposal Contract
between the Citv of Huntsville and TDCJ for the period of October 1 2001 through September 30, 2003, and Councilmember
Erb seconded the motion. The motion passed unanimous)
5. Approve the proposed variance process to the current sidewalk ordinance, as presented.
This item was postponed.
MAYORICITY MANAGER ACTIVITY REPORT
1. Adopt Resolution 2001 -11 -13.1 determining the vote of the City Council for candidates to the Board of Directors of the
Walker County Appraisal District.
State law provides that each taxing entity within a County may nominate and elect the Board of Directors. The allocation
of votes is based upon the tax levy from each of the taxing jurisdictions. There are a total of 7,000 votes allocated amongst
the taxing jurisdictions, of which the City of Huntsville will receive 774. The other taxing jurisdictions make up the balance
of those votes with the predominant votes being held by Huntsville Independent School District and Walker County. Please
note that there are ten nominations for seven Board member seats. Mayor Green stated that he would like to split the City's
votes between six members — Dale Dixon, Sue Martin, Wayne Scott, Cecil Williams, Willie Williams and Jerry Larrison (120
each).
Councilmember Erb made a motion to approve Resolution 2001 -11 -13.1 determining the vote of the City Council for
candidates to the Board of Directors of the Walker County Appraisal District and, further, that the City's allocated votes of
774 bedistributed among the following candidates by 129 each — Dale Dixon Sue Martin Wayne Scott Cecil Williams Willie
Williams and Jerry Larrison and Councilmember Crawford seconded the motion. The motion passed unanimously.
2. Appointments and reappointments to Boards and Councils:
X Reappoint Ann Hodges and Margaret Smith to the Huntsville Arts Commission.
X Appoint Curtis Montgomery and Bob Tavenner to the Huntsville Arts Commission.
X Appoint Bette Nelson to the Main Street Advisory Board.
X Reappoint Bette Sutton, Lillie Mae Hayman and Richard Watkins to the Huntsville Beautification Advisory Committee.
X Reappoint Ross Lovell to the Huntsville Housing Authority.
X Appoint Joe Soliz to the Huntsville Housing Authority .
X Appoint Johnnie Lipscomb as the Resident Commissioner to the Huntsville Housing Authority.
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X Reappoint Gary Hartman to the Board of Adjustments & Appeals.
X Appoint King Chandler to the Board of Adjustments &Appeals.
CITY COUNCIL MEETING OF NOVEMBER 13, 2001 BOOK "S"
X Reappoint Jerry Moorer to the Board of Adjustments & Appeals.
X Reappoint Marjorie Rex to the Employees Medical Health Plan Board of Trustees.
X Reappoint Joe Shaw, Charles L. Smith and Ralph Brim to the Planning & Zoning Commission.
X Reappoint Aubrey Hjll, Fred Guillory and John Bradley to the Zoning Board of Adjustments.
X Appoint James "Jay" Turner to the Zoning Board of Adjustments as Alternate B.
X Reappoint Paul Reed to the Police Promotional Review Board.
X Reappoint Tracy Steele to the Sister City Council.
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X Appoint Pat Speer, Gail Bullard and Ron Lange to the Sister City Council.
Councilmember Rex made a motion to approve the appointments to Boards and Commissions as recommended by
Mayor Green. and Councilmember Martinez seconded the motion. The motion passed unanimously.
3. Program /Project Status
4. Future Events:
Saturday, November 10, 2001, 5:00- 8:OOpm - Crabbs Prairie Volunteer Fire Department Chili Supper
Saturday, November 17, 2001, 3:00- 5:OOpm - Fisher Tull CD Release /Signing Party at Hastings Records & Books
Friday, November 23, 2001, 6:00- 8:OOpm - Sam Houston Memorial Museum "Masks & Puppets" Artist's Reception
Wednesday- Friday, November 28 -30, 2001 - Texas Municipal League, Houston, Texas"
Wednesday, November 28, 2001, 3:15pm - TEX -21 Meeting @ George R. Brown Convention Center
Saturday, December 1, 2001, 9:30am - Lion's Club Parade
Tuesday, December 4, 2001, 5:30pm - Boards & Commissions Reception
Tuesday, December 11, 2001, 5:15pm - City Council Meeting
CITY COUNCIL REPORT
1. Approve reclassification of Planning and Development Project Coordinator position to Grant Administrator, with
budgeted funds within the Planning and Development Department.
The position of Planning and Development Project Coordinator is currently vacant. During the preparation of the budget
and goal- setting session, the Council indicated the desire to look seriously at a grants position. The City Manager felt at the
time that exploration of the Texas A &M Grant Service would be prudent prior to creating a position within the City. In the
meantime, the City has worked with the grant center which has not provided services as anticipated. Coincidentally, the
vacancy occurred within the P &D Department. It is recommended this position be developed into an experienced Grants
Administrator position who will access, submit and administer available grants for the various departments within the City.
This position will pay for itself with the savings in future grant administration costs and will facilitate the research and
acquisition of future grants from various sources.
Councilmember Rex made a motion to Approve the reclassification of Planning and Development Project Coordinator
( Pay Grade 26) to Grants Administrator (Pay Grade 28) to be funded from the transfer of budgeted salaries within the
Planning & Development Department. and Councilmember Erb seconded the motion. The motion passed unanimously.
2. Approve Ordinance 2001 -11 -13.5, providing for longevity pay for all full -time employees.
Councilmember Rex made a motion to approve Ordinance 2001 -11 -13 5 providingCouncilmember Rex made a motion to approve Ordinance 2001 -11 5providinglongevitvpav for all full-time
all full -time
employees, and Councilmember Erb seconded the motion. The motion passed unanimously.
MEDIA INQUIRIES
Media asked about the golf course project. Mayor Green stated that the project was on schedule and it is planned to
open in October 2002.
RECEPTION [6:25p.m. - 6:35 p.m.] '
Mayor and City Council thanked Michelle Lyons for her tenure as reporter for City news and wished her well in her new
venture.
�k CITY COUNCIL MEETING OF NOVEMBER 13 2001 BOOK'S 363
EXECUTIVE SESSION [6:40 p.m. - 7:15 p.m.]
The City Council will conduct a closed session under Texas Government Code, Chapter 551, for the following
matter:
a. Section 551.072 - to deliberate the purchase of real property with regard to 1) Utility Easement in vicinity of Bush
Drive;
b. Section 551.072 - to deliberate the right -of -way with regards to the Timberwilde Subdivision.
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I ADJOURNMENT [7:15 p. m�ik���
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Danna Welter, City Secretary