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MIN CC 09/10/1996CITY COUNCIL MEETING OF SEPTEMBER 10, 1996 BOOK "S" 46 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE l OTH DAY OF SEPTEMBER, 1996, 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: COUNCILMEMBERS: William B. Green, Mayor Dave Luning Officers: Dan S. Davis David Martinez Gene Pipes, City Manager Ronald L. Lange Marjorie Rex Damon Welter, City Secretary Ann James JoAmr Matthews Scott Bounds, City Attorney CMZEN INPUT/INQUIRY 1. Chris Smith. Huntsville Youth Football League. Mr. Smith stated that he was requesting City support for the Huntsville Youth Football League. The league is trying to reach to at -risk children and needs City funds to help with this project. 2. Jim Glisson. Mr. Glisson stated that he was also here to represent the Huntsville Youth Football League in its request for City funds for the league. There are many kids that are not on the streets creating crime, but are at a structured practice learning discipline and ups and downs of life through the game of football. The league has a fine volunteer group and many great kids involved in the program. Mayor Green stated that he feels all of Council has sympathy for the Football League, but the City has historically provided facilities and infrastructure but have not funded any organization of this kind. The request for funds was considered during the budget sessions and is not a part of the budget that will be considered for adoption tonight. There is a public hearing scheduled later tonight for additional comments and requests and it could be considered at that time. Mayor Green thanked Mr. Glisson and Mr. Smith for their support of the youth in the community. ' 3. Kenneth R. Levineston. Reverend Levingston stated that he is concerned about the MLK Center and HEAP Program. He would like to see these two programs continue through the City of Huntsville. Although the HEAP Program was not well received last year, he feels that the pastors and leaders of our community could encourage and help inform citizens about the program. The Martin Luther King Center has provided a service in the community, and historically to the African American community and is concerned about the considered changes in its operation. He and other members of that community would like to be a part of the decision making process regarding the Center to make the program viable and something the City can be proud of. 4. Iesia Minor, Progressive Women's Associati on. Ms. Minor stated that she is speaking on behalf of the Progressive Women's Association regarding the Martin Luther King Center. The Association uses the Center for all their organizational meetings and community projects, including the school supply give -away, Juneteenth Celebration, Fashion Show for scholarships, Senior banquet, and others. She requested that the City continue to support the Progressive Women's Association in using the Center. i 5. William W. Harley. Mr. Harley re- emphasized Ms. Minor's comments and felt that it would be better for the City to retain control !j of the Martin Luther King Center. He would like to see the Center used daily for the children in the community with a variety of programs. - Mayor Green stated that the YMCA has made a proposal to take over a substantial of the HEAP Program and contract with the City for the use of the Martin Luther King Center. There has been no decision reached by Council and staff is currently reviewing the proposal. Mayor Omen stated that all input will be appreciated and considered before a final decision is made. INVOCATION Invocation by Arnold Cochran, Southside Church of Christ. CONSIDER MINUTES OF AUGUST 13 AND 20, 1996 Councilmember Rex made a motion to approve the minutes of Aueust 13 1996. and Councilmember James seconded the motion The motion passed unanimously. - - t Councilmember Matthews made a motion to avorove the minutes of August 20. 1996 (with her not being shown at the regular meeting, but present for the work session). and Councilmember Rex seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 10, 1996 BOOK "S" 47 PUBLIC HEARING - RECEIVE COMMENTS ON THE PROPOSED BUDGET FOR FY 1996 -97 - AND CONSIDER ORDINANCE 96 -9 -10.1 APPROVING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE PERIOD OCTOBER 1, 1996 THROUGH SEPTEMBER 30, 1997 Mayor Green opened the Public Hearing. No one was present and the hearing was closed. Mayor Green stated that during the budget process, he had intended to recommend monies for the Sister Cities program. After discussion, it was decided that the General Fund Reserve for Future Allocation be reduced by $5,000 and the City Council budget be increased by $5,000 to cover the cost of the Sister Cities Program. Councilmember Lange made a motion to approve Ordinance 96-9-10.1 approving the operating and capital improvements budget for the neriod October 1 1996 through September 30 1997 (including the change for the Sister Cities Prouram) and Councilmember Davis seconded the motion The motion passed unanimously. CONSIDER ORDINANCE 96 -9 -10.2 ADOPTING THE TAX RATE ($0.2690 FOR GENERAL FUND OPERATIONS AND $0.1154 FOR DEBT SERVICE FOR PAYMENT OF GENERAL OBLIGATION INDEBTEDNESS FOR A TOTAL OF $0.3844 AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR Councilmember Rex made a motion to annmve Ordinance 96-9-10.2 adopting the tax rate of $.3844 and levying taxes for the FY 1996 -97 fiscal year, and Councilmember Matthews seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 96 -9 -10.3 AMENDING TITLE 30, WATER AND SEWERS OF THE CODE OF ORDINANCES INCREASING SEWER RATES AND MAKING OTHER BILLING CHANGES Councilmember Davis made a motion to approve Ordinance 96-9-10.3 amending Title 30. Water and Sewers, of the Code of Ordinances by increasing sewer rates and making other billing changes and Councilmember Lange seconded the motion The motion ' passed unanimously. CONSIDER ORDINANCE 96 -9 -10.4 AMENDING THE CITY'S PLAN UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM Councilmember Lacing made a motion to approve Ordinance 96-9-10.4 amending the City's retirement plan under the Texas Municipal Retirement System by increasine the employee contribution to 7% with a City 2 -1 match. and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER ALL MATTERS INCIDENT AND RELATED TO REQUESTING FINANCIAL ASSURANCE FROM THE TEXAS WATER DEVELOPMENT BOARD, INCLUDING THE PASSAGE OF A RESOLUTION (96 -9 -10.1) AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE; AND APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR BOND COUNSEL SERVICES It was noted that on the resolution, the Director of Finance is designated to be the authorized representative of the City for purposes of furnishing and executing documents. Consensus of Council was to change this designation to the City Manager. Councilmember Davis made a motion to approve Resolution 96-9-10.1 reauesting financial assistance from the Texas Water Development Board and authorizing the filing of an application for assistance with the amendment listed above. and Councilmember James seconded the motion The motion passed unanimously. Councilmember Davis made a motion to approve the execution of a contract for bond counsel services with Fulbright & Jaworski L.L.P. incident to the capital improvements projects involving the issuance of obligations payable in whole or in part from utility system revenues and Councilmember Lomas seconded the motion The motion passed unanimously. RECESS FOR EXECUTIVE SESSION ]6:02 p.m. - 7:15 p.m.] Mayor Green recessed for an Executive Session to discuss pending litigation: Walker County Rural Water Supply Corporation v. COH. CONSIDER AUGUST TAX REPORT WITH ADJUSTMENTS TO THE LEVY AND RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Councilmember Davis made a motion to approve the August tax report with adjustments to the levy as recommended by Chief Appraiser Grover Cook and Councilmember Rex seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 10, 1996 BOOK "S" CONSIDER ORDINANCE 96 -9 -10.5 ESTABLISHING A TRUST FOR THE BENEFIT OF CERTAIN PERSONS EMPLOYED BY THE CITY BEFORE JANUARY 1, 1980, TO BE KNOW AS THE "EMPLOYEES RETIREMENT PLAN TRUST - SOUTHWESTERN LIFE" 48 Councilmember Lange made a motion to approve Ordinance 96 -9 -10.5 establishing a trust. "Enmlovees Retirement Plan Trust - Southwestern Life" with the trustees as Bill Green, Dan Davis and Scott Bounds. and Councilmember Rex seconded the motion. The motion passed unanimously. It was noted that these trustees are listed as individuals and not in their official capacity. If, at the time of their retirement/termination of the position held, Council could amend the members if desired. CONSIDER ADDITIONAL ALLOCATION OF $50,000 FROM THE WATER AND SEWER UNALLOCATED FUND TO COVER EXPENSES INCURRED IN THE PROSECUTION OF THE CCN APPLICATION BY WCRWSC Councilmember Rex made a motion to approve the additional allocation of $50.000 from the water and sewer unallocated fund to cover expenses incurred in the orosecution of the CCN application by Walker County Rural Water Supply Corporation, and Councilmember Davis seconded the motion. The motion Passed unanimously. CONSIDER CONFIRMATION OF LIBRARY FEE POLICY Mr. Schindler stated the library foes have been in place a number of years and now have been put in a formal written policy. Staff requests confirmation of these fees. Councilmember Rex made a motion to confirm the Library Fee Policy, and Councilmember Luning seconded the motion. The motion massed unanimously. CONSIDER BID FOR AVENUE J ELEVATED WATER TOWER DISMANTLING AND DISPOSING ' TO WATER TANK SERVICE COMPANY IN THE AMOUNT OF $19,840 - Councilmember James made a motion to approve the bid for the Avenue J elevated water tower dismantling and disposing to Water Tank Service Company in the amount of $19.840. and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER REQUEST BY OPEN DOOR MISSIONARY BAPTIST CHURCH FOR WATER LINE EXTENSION FOR FIRE PROTECTION IN THE FM 980 AREA Mr. Donnie Hammock, Pastor, Open Door Missionary Baptist Church stated that he requested a variance from the Planning Commission to waive the development rules for the fire protection requirement for a 9.94 acre tract located on FM 980 to construct a two story 60'x 100' church facility and was denied. He requests that Council participate to install a 6" water line to provide adequate '. fire protection to the proposed development. The City estimates the extension to cost $20,938.50, including a material cost of $4,025.00. He proposes to pay for the material costs up to $4,000 with the City doing the construction of the line. Mr. Hammock stated that he was aware that the line will provide fire protection only and all other water will be provided by Walker County Rural Water Supply. Councilmember Lange stated that City Council, the public and church members need to be aware of the problem: the area contemplated for building has been zoned and not by the City of Huntsville, but by defacto action as single family large lot residential usage by the Walker County Rural Water Supply Corporation. Councilmember Luning made a motion to deny the request by Open Door Missionary Baptist Church for a water line extension in the FM 980 area. and Councilmember Lange seconded the motion. The motion passed unanimously. j City Council empathized with Mr. Hammock and his congregation, but did not feel it appropriate to approve a $20,000 expenditure with no revenue to be recouped. CONSIDER AUTHORIZATION OF ADDITIONAL MONEY FOR EMERGENCY REPAIRS FOR WATER WELL 015 Councilmember Luring made a motion to approve an additional $12.501 from the water and sewer unallocated fund for the emergency renairs for water well #15 and Councilmember Rex seconded the motion The motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Discuss continued participation in and funding for Sister Cities. This item was discussed previously on the agenda. CITY COUNCIL MEETING OF SEPTEMBER 10, 1996 BOOK "S" 49 CITY COUNCILMEMBER ACTION - - I. Councilmember Lange reoort on adjustments to the Personnel Policies /City Manager Policies necessary to implement the Pav and Classification Study. Councilmember Lange stated that the Personnel Committee met last Thursday to review the Personnel Policies. The policies are in being reviewed by department heads at this time and there are no amendments need to implement the Pay and Classification Study. 2. Community Organizations. Councilmember Matthews stated that there are 18 different Black organizations in the City of Huntsville. She is attempting to work with these organization to meet and discuss their various programs and projects and work together on common goals and ideals. 3. Teen Court. Councilmember Rex stated that she attended Teen Court last Thursday and was very impressed and pleased with the program. She recommended that each Councilmember plan to attend at some time. 4. Youth Services Organization Meeting. Councilmember Luning stated the youth services organization will meet tomorrow at the MJC at 1:30 p.m. and encouraged Councilmembers to attend. MEDIA INQUIRIES Amy Uoshaw. Huntsville Item. Ms. Upshaw asked Council about the amount of money budgeted in the FY 1996 -97 budget for legal expenses for the dispute with the Walker County Rural Water Supply Corporation. Mr. Pipes stated $125,000. ADJOURNMENT ' Recess into Executive Session to discuss: [7:48 p.m. - 8:12 p.m.] a) Pending litigation: Walker County Rural Water Supply System v. COIL Townsend v. COIL Hyvl v. COH, Lyons v. COH; and b) Real estate acquisition: Dr. Johnson property at the comer of 13th and Avenue M, Emancipation Park expansion, 10th Street at Old Madisonville Road, and the Robinson Creek Wastewater Treatmen/P13n,,,,t `/ I Danna Welter, City Secretary