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MIN CC 03/25/2003CITY COUNCIL MEETING OF MARCH 25, 2003 BOOK "T' 21 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 25TH DAY OF MARCH, 2003, 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: j COUNCILMEMBERS: Mark Erb OFFICERS: William B. Green, Mayor John Escobedo Bob Hart, City Manager �! Jack Choate Vance Howard Paul Isham, City Attorney it Gary Crawford Judy Kayse Danna Welter, City Secretary li Ii Ralph A. Davis, Jr. Steed Smith FINANCE COMMITTEE MEETING 14:48 — 5:15 p.m.] The Finance Committee met to discuss the newly - filled Finance Director position; and receive an initial report regarding the Comprehensive Annual Financial Report for FY 2001 -02, as presented by Ken Davis, P.C. CALL TO ORDER [5:15 p.m.] Mayor Green called the meeting to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION City Manager Bob Hart led the invocation. MAYOR PRESENTATION Mayor Green recognized Bill Daugette, Public Works Operations Superintendent, who received an award for exemplary service in public education from the Texas Water Utilities Association at theirannual awards banquet in College Station on March 4, 2003. Bill has been active in the TWUA for the past year and a half, serving in various positions and on various boards as well as writing articles for the Huntsville Item and presenting information at elementary schools. PUBLIC COMMENTS 1. Stan Foley, Entergv. Mr. Foley presented an update on fuel issues, namely natural gas prices. 2. Charles Smither, Jr. Mr. Smither addressed the Council on two issues: (1) several campaign signs for the upcoming election appear to be in the public right -of -way, and (2) illegal burning at the golf course. Mr. Smither was also disappointed with the lack of detail provided in the Council's packet regarding budget numbers for the golf course. 3. Michael Peck, Mr. Peck spoke in support of the proposed tag rule. 4. John Strickland. Mr. Strickland spoke in support of the proposed tag rule. 5. Chuck Fields. Mr. Fields asked about utilizing a portion of grant funds for the soccerfields to provide lighting in lieu of creating additional fields. Mr. Hart responded that the money for the soccer fields was appropriated by Council, not in the form of grant monies. Mayor Green recommended that the Parks & Recreation Board review the request before it comes before Council. Mr. Fields stated an additional lighted field would help alleviate the backlog for night practices. Mr. Fields also asked for additional promotion of the shoe recycling program. 6. Brian Woodward. Mr. Woodward asked Council to support the proposed resolution with regards to the HOME Program for Homebuyer Assistance; spoke in support of the proposed tag rule; asked why the Ellis/Estelle contract is being renegotiated presently instead of being done prior to now; and asked why the City should be involved with the dispute over the waterlsewer line between Charles Thompson and Elkins Lake. 7. Kenneth Russell. Mr. Russell stated the City is out of compliance with ADA standards all over town, specifically noting the church being built across from Huntsville Intermediate School and the sidewalks at Avenue M and 20" Street. 8. George Russell. Mr. Russell complained at length about the City's sidewalks at Avenue M and 20"' Street; the City's ADA grievance procedure; the City's tree policy; a proposed zero tolerancefordishonesty/lying policy; and other matters. CONSENTAGENDA 1. Approve the minutes of March 4, 2003 City Council meeting. 2. Authorize the City Manager to execute the joint election agreement with Huntsville Independent School District and Walker County Hospital District to conduct an election jointly on May 3, 2003 to be funded from budgeted funds. 3. Approve sale of fourteen properties held in trust, as identified by Grover Cook, Chief Appraiser, to the highest bidders. 11 4. Authorize the City Manager to execute the adjustment to the contractual rate for the provision of water to the Texas Department of Criminal Justice - Ellis and Estelle Units. 'll Councilmember Crawford made a motion to approve the Consent Agenda with the exception of Item 4; and Councilmember Howard seconded the motion. The motion passed unanimously. CITY COUNCIL MEETING OF MARCH 25, 2003 BOOK "T" 22 4. Authorize the City Manager to execute the adjustment to the contractual rate for the provision of water to the Texas Department of Criminal Justice - Ellis and Estelle Units. The City of Huntsville and the Texas Department of Criminal Justice, entered into a contract to supplywaterto the Ellis and Estelle Units on November 26, 1995. Ellis and Estelle Units began taking water in September 1996. The contract stated that after a two year usage history the method and determination of the rates could be amended. This will be the first contract amendment since 1996. The agreement is an amendment of the rates charged to the Ellis and Estelle units from $ 1.35/1000gal. to $ 2.32/ 1000 gal. All other portions of the original contract will remain in force including the payment of the debt service, through a monthly service charge, for the construction of the lines to the facilities. Any future adjustment to the contract will be reviewed every two years. STATUTORY AGENDA Accept the Comprehensive Annual Financial Report for FY 2001 -02, as presented by Ken Davis. P.C. Mr. Davis presented a brief report on the annual audit. He stated the finances were in good condition with the exception of the financing with the golf course, namely that established City policies were not followed. Councilmember Escobedo raised a concern about the committee structure and the fact that Councilmembers may have to vote on items they have not had the opportunity to discuss at length based solely on the fact that they may not participate in a committee meetina. 2. Approve the purchase of miscellaneous pipe and accessories from Rural Pipe & Supply for the water line extension to two (2) TXDOT rest areas in the amount of $73,414.09. The Texas Department of Transportation ( TXDOT) is constructing two new restareas located approximately 0.80 miles north of FM 1696 along IH -45 within the City's designated CCN waterservice area and has requested assistance with water service. On February 4, 2003, City Council authorized the City Manager to enter into an agreement with TXDOT to construct a 6 -inch water line to the proposed rest areas along IH -45 to be constructed by City crews with a contribution of $150,000 from TXDOT. The agreement with TXDOT has been fully executed. The City's estimated cost of construction is approximately $140,000 and is subject to the bidding of bores for the crossing of IH -45. It is not anticipated, however, additional costs above the $150,000 can be charged to project savings in the Water Capital Improvement Fund. The project completion is estimated by August 1, 2003. Bids for the pipe and fittings were received on February 27, 2003 and the vendor has stated that prices will be honored until April 1, 2003 at which time prices on the 6 -inch pipe alone will increase by approximately 60 cents per foot or approximately $11,100 for the 6 -inch pipe. The low bidder meeting specifications was Rural Pipe and Supply. 3. Approve the purchase of one (1) 2003 fire truck mini pumper from American LaFrance in the amount of $129,473.85 to be purchased from budgeted funds. The Huntsville Fire Department is seeking approval for the replacement of a 1992 Dodge 1 ton fire apparatus. The new apparatus will be a 2003 Ford 550 fast attack mini pumper fire truck. The 1992 Dodge will be transferred to Walker County Commissioners Court for use in the rural fire department. Pricing was obtained through the Houston - Galveston Area Council contracts. All three vendors listed below are approved contractors on the H -GAC contracts. Purchases from the H -GAC contracts meet all bidding requirements mandated by the State of Texas. The low bidder meeting specifications was American LaFrance. 4. Approve the Third Amendment to the Contract for Services between the City of Huntsville and Huntsville's Promise, Inc. for Community Network web site maintenance services with regard to the TI F grant through the redistribution of TIF CN2 grant funds in an amount not to exceed $35,000.00. In April, Council approved a contract with Huntsville's Promise, Inc. for services with regard to the Telecommunications Infrastructure Fund (TIF) grant including community network program administration, volunteer coordination, training coordination and training materials. TIF specifies that no grant monies may be used for payment to salaried personnel and in addition, that all grant monies must be spent in the initial grant implementation period ending in March 2003. The City has consistently maximized the usage of TIF grant dollars by contracting out services for three (3) years as allowed by TIF procedures. Redistribution of $35,000.00 of these funds through this amendmentwill provide funds fortraining coordination, but not limited to, teaching computer classes. CITY COUNCIL MEETING OF MARCH 25 2003 BOOK T 23 Kacey Krystyniak of Huntsville's Promise clarified some of the issues reported erroneously in the cover sheet due to her absence, including: renewal of the contract with Huntsville's Promise, continuance of free computer classes, personnel costs, youth and other committee programs. 1, 5. Approve the salary increase of $10,210.00 annually for a total annual salary of $48,500.00 for the Municipal Court Judge to be funded this fiscal year through a transfer from court revenue fund. Councilmember Crawford made a motion to table this item until a future meeting: and Councilmember Erb seconded the motion The motion Passed unanimously. 6. Authorize the City Manager to enter into a feasibility study with Elkins Lake Recreation Corporation conducted by a mutually acceptable engineer to consider other options for the water and sewage lines to Mr. Charles Thompson's property at a cost not to exceed $2,500.00 to be funded from Reserves for Future Allocations. Two Councilmembers met recentlywith members of the Elkins Lake Recreation Corporation in an attemptto find a mutual solution to the issue of providing waterand sewerservice to Mr. Charles Thompson while minimizing damageto the newly - constructed nine -hole golf course addition at Elkins Lake. The Elkins Lake Recreation Corporation requests that the City share in a feasibility study with Elkins Lake Recreation Corporation to explore other options for placement of the water and sewage lines. The cost of the study will be funded jointly by the City and the Elkins Lake Rec. Corp. 7. Discussion of agenda preparation schedule and procedures. Councilmember Smith opened discussion regarding preparation of the agenda. City Manager Bob Hart explained the timeline of preparing the agenda, explaining that the times overlap. For example, today we discussed the meeting ' tonight and set the schedule for the next meeting. From tonight's discussion, the items for the next meeting may change. City Secretary Da nna Welter answered Councilmember Smith that the staff is sufficient to do the preparation, but the Directors have to get their information in earlier, which maybe an issue when a Council meeting overlaps the prep time. ! 8. Approve a "tag rule'. At anytime priorto a final vote on a properly posted agenda item, anyCouncilmembermay request that the vote be delayed until the next regularly scheduled Council meeting or for one week, whichever is greater. Such request will be considered a'tag' of the agenda item. The tag rule will not apply to agenda items: a) that require Council action be taken to assist in the application or receipt of a grant and the delay of such Council action will adversely affect the application or receipt of the grant; or b) to agenda items wherein the issue was previously tagged by any Councilmember unless a majority of !! the Council seeks to delay the agenda item again. Councilmember Kayse expressed her concern that the Council does have a mechanism in place to postpone items in tabling an action item, just as was done with two items earlier this evening. She would not like to see the '! Council become bogged down in excessive rules. ;i Councilmember Howard made a motion to approve the tag rule and Councilmember Davis seconded the motion The motion passed 7 -2 with Mayor Green and Councilmember Kayse voting against. 9. Approve Resolution 2002 -03 -25.1, authorizing the City Manager to execute all required documents, including',I�, commitment of an in -kind match and cash reserves for an application to TDHCA for $500,000 on Owner- Occupied '- Housing Assistance funding. Texas Department of Housing and Community Affairs (TDHCA) makes HUD HOME Program funds available to non - entitlement jurisdictions throughout the state through a competitive application process. The City of Huntsville was awarded funding from this program in 1998 and 2000, providing 13 homeowners with new or substantially repaired 10. Approve Resolution 2002 -03 -25.2, authorizing the City Manager to execute all required documents, including commitment of an in -kind match and cash reserves for an application to TDHCA for $150,000 on Homebuyer Assistance funding. Texas Department of Housing and Community Affairs (TDHCA) makes HUD HOME Program funds available to non - entitlement jurisdictions throughout the state through a competitive application process. passed unanimously. CITY COUNCIL MEETING OF MARCH 25, 2003 BOOK "T" 24 MAYOR/CITY MANAGER ACTIVITY REPORT 1. Mayor /City Manager /Councilmember Report. a. Consider appointment of Margaret Lovett as a citizen representative to the Board of Adjustments and Appeals. Councilmember Howard made a motion to appoint Margaret Lovett as a citizen representative to the Board of I Adiustments and Appeals and Councilmember Davis seconded the motion The motion passed unanimously. NOTE: Councilmember Erb was not present from this point b. Elkins Lake water system flushing has begun. C. Council scheduled a Municipal Court workshop for April 1 at 5:OOpm. d. Council tentatively scheduled a Boys & Girls Club of Walker County workshop for April 8 following the regular Council meeting. e. The EMS Board has been working to have HB 1272 passed which would expand collection techniques. ! 2. Future Events: I' i� April 8 5:15pm City Council Meeting April 16 B:OOam Early Voting Begins at City Hall and HISD Administration April 18 Good Friday (City offices closed); NO EARLY VOTING April 22 5:15pm City Council Meeting May 3 7:OOam- 7:OOpm City Officers Election May 5 Cinco de Mayo (City offices closed) May 6 5:15pm City Council Meeting; Canvass Election May 20 5:15pm City Council Meeting May 26 Memorial Day (City offices closed) June 3 5:15pm City Council Meeting June 5 5:00- 9:OOpm Council Budget Workshop June 6 9:OOam- 5:OOpm Council Budget Workshop June 7 8:OOam- 12:OOpm Council Budget Workshop June 17 5:15pm City Council Meeting June 19 Juneteenth (City offices closed) MEDIA INQUIRIES Mr. Sablatura of the Huntsville Observer asked several questions regarding the TXDOT rest stop: (1) are the equipment costs included in the project costs and what are they; (2) why haven't the staff prepared the labor and equipment costs; and (3) '.. how can fire protection be accommodated when there is a three -inch line from one rest stop to another? Mr. Hart, Mr. Isbell and Mr. Brown responded to Mr. Sablatura's questions. Mr. Sablatura also inquired about the wording of one sentence regarding the purchase of the pipe; Mayor Green clarified. RECESS [7:50 - 8:15 p.m.] WORK SESSION [8:15 — 9:10 p.m.] City Council conducted a work session to discuss golf course finances. ADJOURNMENT [9:10 p.m.] VDanna Welter, City Secretary