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MIN CC 01/21/1997CITY COUNCIL MEETING OF JANUARY 21, 1997 BOOK "S" 66 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF JANUARY, 1997, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT NOON. The Council met in regular session with the following members present: COUNCILMEMBERS: William B. Green, Mayor Dave Luring Officers: Dan S. Davis David Martinez Gene Pipes, City Manager Ronald L. Lange JoAnn Matthews Danna Welter, City Secretary Ann James Marjorie Rex Scott Bounds, City Attorney Vance Howard CITIZEN INPUTANQUIRY Charles Smither, Jr. Mr. Smither asked that the minutes of December 17, 1996, be amended to add that, "there is insufficient information being filled out on the sign permits forms to allow anybody to determine if the permit fee had been calculated properly (square feet, height, etc.)." INVOCATION Invocation by Norman Irons, Interim Pastor, First Christian Church. CONSIDER THE MINUTES OF NOVEMBER 12, DECEMBER 17, 1996, AND JANUARY 3, 1997 Councilmember Rex made a motion to annrove the minutes of November 12. 1996. and Councilmember Martinez seconded the motion. The motion passed unanimously. Councilmember James made a motion to annrove the minutes of December 17. 1996, as amended, and Councilmember Rex seconded the motion. The motion oassed unanimously. Councilmember Matthews made a motion to avorove the minutes of January 3, 1997, and Councilmember Martinez seconded the motion. The motion passed unanimous) RECEIVE AND CANVASS THE RESULTS OF THE CITY OFFICER'S ELECTION OF JANUARY 18, 1997 AND CONSIDER ORDINANCE 97 -1 -21.1 CERTIFYING THE RESULTS Councilmember James made a motion to annrove Ordinance 97 -1 -21.1 certifying the results of the Citv Officer's Election of January 18, 1997, and Councilmember Davis seconded the motion. The motion Passed unanimously ORDINANCE NO. 97 -1 -21.1 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR AND SPECIAL MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 18TH DAY OF JANUARY, 1997, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE AND FOUR, AND COUNCILMEMBER AT -LARGE POSITION THREE; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. FOR MAYOR, AT LARGE JOHN JAFREH 103 BILL GREEN 1063 FOR COUNCILMEMBER, WARD ONE RON LANGE 181 FOR COUNCILMEMBER, WARD TWO DAVE LUNING KENNETH N. HESSEL FOR COUNCILMEMBER, WARD THREE JOANN MATTHEWS FOR COUNCILMEMBER, WARD FOUR ANN JAMES 84 429 FOR COUNCILMEMBER AT- LARGE, POS. THREE VANCE HOWARD 733 249 .JOHN STRICKLAND 313 46 WRITE -INS 18 I CITY COUNCIL MEETING OF JANUARY 21, 1997 BOOK "S" 67 Total voters casting ballots in Early Voting -140, Total voters casting ballots in Precinct 101 -28, Total voters casting ballots in Precinct 102 - 198, Total voters casting ballots in Precinct 201 - 167, Total voters casting ballots in Precinct 205 -398 Total voters casting ballots in Precinct 206 - 106, Total voters casting ballots in Precinct 301 -63, Total voters casting ballots in Precinct 401 -77, 12 percent of total; 2 percent of total; 17 percent of total; 14 percent of total; 34 percent of total; 9 percent of total; 5 percent of total; 7 percent of total. CITY COUNCIL MEETING OF JANUARY 21, 1997 BOOK "S" TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 1177 TOTAL NUMBER OF REGISTERED VOTERS - 101 1272 TOTAL NUMBER OF REGISTERED VOTERS - 102 2989 TOTAL NUMBER OF REGISTERED VOTERS - 201 2318 TOTAL NUMBER OF REGISTERED VOTERS - 205 1614 TOTAL NUMBER OF REGISTERED VOTERS - 206 655 TOTAL NUMBER OF REGISTERED VOTERS - 301 2310 TOTAL NUMBER OF REGISTERED VOTERS - 401 2981 TOTAL NUMBER OF REGISTERED VOTERS IN THE CITY 14,139 PERCENTAGE OF REGISTERED VOTERS WHO VOTED 8% ADMINISTRATION OF THE OATH OF OFFICE FOR THE NEWLY ELECTED OFFICERS City Secretary Danna Welter administered the oath of office to Bill Green, Mayor; Ron Lange, Councilmember Ward One; Dave Luning, Councilmember Ward Two; JoAnn Matthews, Councilmember Ward Three; Ann James, Councilmember Ward Four; and Vance Howard, Councilmember At -Large Position Three. MAYOR'S ACTIVITY REPORT 1. City Council Committee Appointments. Mayor Green stated that newly elected Councilmember Vance Howard would fill the vacant position on the Finance Committee and the two committees would remain the same with Dan Davis as Chairman of the Finance Committee and Ron Lange as Chairman of the Personnel Committee. 2. Election of Mayor ProTem. Councilmember Davis made a motion to nominate Ron Lanee as Mayor Pro Tem. and Councilmember Rex seconded the motion. The motion Passed unanimously. 3. Consider Resolution 97 -1 -21.1 appointing the HGAC representative and alternate. Councilmember Lanee made a motion to approve Resolution 97-1-21.1 designating Dan Davis as the HGAC representative and Mariorie Rex as alternate, and Councilmember James seconded the motion The motion passed unanimously 4. Discuss the City Birthday Celebration. After discussion regarding the City's annual birthday celebration, it was the consensus of Council to participate in a celebration every five years, beginning in 2001 with the City's 16501 birthday. A letter will be written to the Walker County Historical Commission to this effect. 5. Consider letter requesting "no smoking' designation for all barber and beauty shops. After discussion, consensus of Council was to table this motion for further research. Councilmember Davis made a motion to table the letter requesting "no smoking" designation for all barber and beauty shops and Councilmember Lange seconded the motion. The motion passed unanimously. 6. Consider schedule of work session for 911 addressing changes. A work session will be scheduled for the February 4th Council meeting to discuss 911 address changes. 7. Consider CCN application to the TNRCC for wastewater service in the Huntsville area. Councilmember Lanee made a motion to anorove the CCN application to the TNRCC for wastewater service and Councilmember Matthews seconded the motion. The motion passed unanimously. 1 CITY COUNCIL MEETING OF JANUARY 21, 1997 BOOK "S" 69 CONSIDER TAX REPORT FOR DECEMBER WITH ADJUSTMENTS TO THE LEVY AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Councilmember Rex made a motion to approve the tax reports for December with adjustments to the levy as recommended by Chief Anpraiser Grover Cook. and Councilmember Matthews seconded the motion. The motion nassed unanimously. CONSIDER ORDINANCE 97 -1 -21.3 AUTHORIZING ISSUANCE OF AN EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR ONE 8 YARD DUMP TRUCK AND ONE 12 YARD DUMP TRUCK IN THE AMOUNT OF $101,545 (STREET DIVISION) Councilmember James made a motion to approve Ordinance 97 -I -21.3 authorizing issuance of an eauipment acauisition certificate of obligation in the amount of $101.545. and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 97 -1 -21.4 PLACING A SIX MONTH MORATORIUM ON SEXUALLY ORIENTED BUSINESSES Mr. Bounds requested that Council approve Ordinance 97 -1 -21.4 placing a six month moratorium on SOB'S to allow staff sufficient time to prepare an ordinance for the Planning Commission that disperses them, except perhaps, in designated areas. He provided City Council with a time table for the next six months. Councilmember James asked the City Attorney to check with the state on why it has exemptions on some businesses. Councilmember Luning made a motion to approve Ordinance 97 -1 -21.4 Placing a six month moratorium on sexually oriented business and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER BID 97 -8, TWO 12 YARD DUMP TRUCKS IN THE AMOUNT OF $111,500 TO METRO FORD TRUCK SALES FROM BUDGETED FUNDS (WATER AND SEWER DIVISION) Councilmember Matthews made a motion to anorove Bid 97 -8. two 12 yard dumn trucks in the amount of $111.500. to Metro Ford Truck Sales. and Councilmember Rex seconded the motion. The motion passed unanimously. CONSIDER PROPOSED AMENDMENT TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT FOR REMOVING AND REPLACING THE BEACON LIGHT AND TOWER AT THE AIRPORT Councilmember Rex made a motion to approve the amendment to the Airport Project participation agreement for removing and reolacina the beacon light and tower at the Huntsville Municipal Aimort. and Councilmember James seconded the motion. The motion passed unanimous) CITY COUNCILMEMBER ACTION 1. Commend and consider compensation recommendations for City employees involved in the recent ice storm. Councilmember Lange stated that last Monday and Tuesday the decision was made to have only the essential City personnel report to work. Those that did report to work and carry on their job necessary for the health and safety of this community did an exemplary job and need to be commended for their performance. I would like the City Manager to communicate the Council's appreciation for ajob well done for those that braved the very adverse conditions on Monday and Tuesday. In addition, I am making a recommendation to Council that compensation for the employees of the City of Huntsville for those two days to be handled as follows: 1) All full time employees will be compensated with 16 hours of administrative pay for those two days, Monday and Tuesday: 2) Those persons that reported to work will receive comp time equal to the hours they worked up to 8 bours per day. Those hours above and beyond the 8 hours that they work will be treated as normal overtime. Councilmember Lange made a motion to approve the compensation set forth above and Councilmember James seconded the motion. The motion passed unanimously. Councilmember James complimented the City employees on the efficiency in detailing with the ice storm. Post Off ce. Councilmember Lange stated that the Federal government has made the final decision to build a new post office on Normal Park new 19th Street. This decision was made without the approval or recommendation of this Council or the City Planning Commission. The City does not have the authority or the approval to review what the state or federal government does within the jurisdiction of this City. After reviewing the `traffic engineering study ", it does not have an engineer's name, signature or seal attached, nor does it give the address or city the engineering from is located in. There is a disclaimer on the front page of this study CITY COUNCIL MEETING OF JANUARY 21, 1997 BOOK "S" 70 that states, "this report is offered to the City of Huntsville as a courtesy, any reliance on the same is at the users sole cost, risk and " expense." The study suggests that the City stripe Norma] Park into three lanes and states that the street is 36 feet wide. The pavement on Normal Park is 32 feet wide, making each lane 10 %2 feet. The City's minimum per lane requirement is 12 feet. The idea of three Imes in the middle of the block with moving traffic is not acceptable. The intersection of Normal Park and 11 th Street is three lanes, but this is at an intersection where traffic is moving slow and cautious. The City needs to address this problem immediately before the building is in construction. In the preliminary site plan in the study, it appears the citizens will be given a publicly owned facility that is a concrete slab with little or no landscaping. This is a publicly owned facility that should be built to the standards of those who are paying for it. Councilmember Rex agreed with the comments regarding the post office. The City was not asked for input, but feels we will be dealing with the problems to come regarding the siting. Welcome Councilmember Howard. The Mayor and Councilmembers expressed their congratulations and welcome to newly elected Councilmember Vance Howard. New York Trio. Councilmember Davis stated that he, Mayor Green, Councilmember Earring, Gene Pipes and Patricia Allen had traveled to New York last week The City is about to issue in excess of $14 million in revenue bonds to construct the new sewer plant. At the request of our investment bankers, First Southwest, the team went to New York to visit with representatives from Moody's and Standard and Poors and described to them in detail the project and tell them about the City of Huntsville. Both sessions went well and both of these agencies are bond rating agencies and will be grading the bonds before coming to the market. The better the City's rating the cheaper the interest cost will be. Moody's has changed their grading system; they have in the past among their various grades had A, BAA, AA bonds. From this point forward are adding the numbers 1, 2, and 3 behind them. Last year Moody's raised the City's rating from a BAA to an A. Since the City is a "young" A, a rating of A2 or A3 will probably be given. The City officials eagerly , await the results from the grading process. Councilmember Davis complimented Patricia Allen and Gene Pipes in providing all the written detail in the report. Charter Review. Councilmember James reminded Council that it is time to have a committee for a Charter review sometime this year. Recess for EXECUTIVE SESSION to discuss: a) pending litigation: Townsend v. COH, Barkley v. COI, Nelson v. COB and Philp v. COH; and b) real estate acquisition: Willow Street ROW, 10th Street ROW, and 13th Street property. [6:28 - 6:381 ADJOURNMENT Dania Welter, City Secretary