MIN CC 12/16/2003CITY COUNCIL MEETING OF DECEMBER 16, 2003 BOOK "T' 92
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF DECEMBER, 2003, IN THE CITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS: Judy Kayse OFFICERS:
Karl Davidson, Mayor Steed Smith Paul C. Isham, Acting City Manager /City Attorney
Jack Choate Bob Tavenner Stephanie Brim, Deputy City Secretary
Gary Crawford Jim Willett
Vance Howard Mac Woodward
ABSENT: Danna Welter, City Secretary
WORK SESSION [5:00 -5:50 p.m.]
The City Council conducted an executive session under Texas Government Code, Chapter 551, Section 551.074, forthe
following matter: procurement of buildingAand /parking lot.
CALL TO ORDER [6:00 p.m.]
Mayor Davidson called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Director of Parks and Recreation Ray Black led the invocation.
PRESENTATIONS
Mayor Davidson read Proclamation 2003 -34, encouraging citizens to "Don't Drink & Drive ". The proclamation was
accepted by Chief Hank Eckhardt. '
City of Huntsville Inspections Division led by Mike Roempke, Chief Building Official, gave a detailed report on the
Mance Park Area Cleanup efforts.
PUBLIC COMMENTS
1. Brian Woodward. Mr. Woodward stated opposition (as a representative of Lily Woodward) against the American Bank
request for City participation in a street improvement project.
2. Matt Wagner. Dr. Wagner stated support of the American Bank request for City participation in a street improvement
project.
3. Ron Lange. Mr. Lange stated disappointment with recent behavior of the Council, namelythe Mayor announcing the City
Manager candidates' names to the public and 'grandstanding' at his press conferences.
4. Lynn Lonomire. Ms. Longmire stated support of the Wynne Home Arts Center restoration project.
CONSENT AGENDA
1. Approve Ordinance 2003 -12 -16.1, amending the Personnel Rules of the City of Huntsville by amending Chapter 9,
Section 1, Holidays.
2. Accept the lowest and responsible bids for the purchase of six vehicles at a total amount not to exceed $144,135.98 to
be funded from budgeted funds in the FY 03 -04 Capital Equipment Replacement Fund by awarding the bid from
Lawrence Marshall Dealership for the purchase of the two pickups and three police cars for a total amount of $95,891.00
and the bid from Equipment Support Services for a two -wheel drive backhoe in the amount of $48,244.98.
3. Approve Resolution 2003 -12 -16.1, authorizing City staff to apply for 2004 Juvenile Accountability Block Grant at a cost
not to exceed the local match of $1,526 to be funded from existing budgeted City SCIP funds. Acting City Manager Paul
Isham stated the resolution had been amended to include Walker Countys participation with respect to waiving JAIBG
funds.
Mayor Davidson requested that Item 2 be Dulled from the Consent Aaenda Councilmember Crawford moved to
approve the Consent Agenda with the exception of Item 2: and Councilmember Howard seconded the motion. The
motion passed 9 -0
STATUTORYAGENDA
1. Approve Resolution 2003 -12 -16.2, authorizing participation in the City's ICMA -RC Section 457 Plan for employees
eligible to participate.
Sometime ago the City Council voted to cap the contributions to City retirement programs at 15.5 %. For many ,I'..
years, the contributions to the Texas Municipal Retirement System ('TMRS ") were equal to or exceeded the 15.5 %. In
FY 2001 -02, the TMRS contributions fell below the 15.5% level (TMRS recalculates the contributions on an annual
basis) and the Council approved participation in the ICMA -RC Section 457 Plan and made contributions for eligible
employees for the difference between the TMRS contribution rate and 15.5°/x. In FY 2002 -03, the TMRS contribution
1
CITY COUNCIL MEETING OF DECEMBER 16, 2003 BOOK T" 93
rate was 15.54% and the Council discontinued the contributions to the ICMA -RC Section 457 Plan. This year the TMRS
,j contribution rate is 14.91 %. It is recommended that the City contribute the difference between this rate and 15.5 %, i.e. s
.59 %, into the ICMA -RC Section 457 Plan for each eligible employee.
!� This resolution would be effective in each subsequent year in which the TMRS contribution rate is below 15.5% so
'I that the City would bring the total contribution to 15.5% by depositing the difference in the ICMA -RC Section 457 Plan.
Councilmember Woodward moved to aoorove Resolution 2003 -12 -162 authorizing participation in the Citds
ICMA -RC Section 457 Plan for employees eligible tooarticioate7 and Councilmember Kayse seconded the motion. The
motion oassed 9 -0.
2. Approve budget adjustments and encumbrances for fiscal year end 2002 -03.
Under the Council- adopted Budget and Fiscal Policies, transfers of greater than $3,000 between divisions and
transfers of greater than $3,000 from the Reserve for Future Allocation budget item require Council approval. All
transfers between divisions and transfers from the Reserve for Future Allocation budget are reported to Council. �I
Included in the listed adjustments are adjustments to the original FY 02 -03 budget. Also included are adjustments to the l�
FY 03 -04 budget to reflect encumbrances of FY 02 -03 monies. Encumbrances are'open'Purchase Orders at year end
or monies that were budgeted in the prior year but were not spent and are requested for reallocation in the new year. l)
Councilmember Howard moved to approve budget adjustments and encumbrances forfiscal year end 2002 -03wth
amendments to the encumbrances requested by Human Resources Accounting Office Services Central Inspection.
Economic Development Drainage Maintenance and Information Services as suggested bvthe Finance Committee: and
Councilmember Choate seconded the motion. The motion passed 9 -0.
3. Authorize $100,000 of the original commitment for street improvements between 11th Street and Normal Park.
Don Kraemer as representative of American Bank gave the history of this project and asked again for Council to
authorize funding $100,000 of the proposed street improvements.
Mayor Davidson moved to table this item, there was no second to the motion.
Councilmember Smith moved to authorize $100,000 of the original commitment for street improvements between
I tth Ffreet and Nnrmal Park: and Councilmember Crawford seconded the motion. The motion passed 8-1 with Mavor
j_ Davidson voting against.
4. Approve Ordinance No. 2003 -12 -16.2, Authonzing the Issuance of $2,225,000 Cityof Huntsville, Texas Combination Tax
and Revenue Certificates of Obligation, Series 2004; Levying an Ad Valorem Tax and Pledging Certain Revenues in
Support of the Certificates; Approving an Official Statement; Awarding Sale of the Certificates; Authorizing Execution of
a Paying Agent/Registrar Agreement; and Ordaining Other Matters Relating to the Issuance of the Certificates.
8. Instruct the Acting City Manager to authorize staff to prepare and resubmit Request for Qualifications for the design of
the proposed fire station and that the Selection Committee be composed as specified in staff recommendations.
These items were oulled from the agenda pending a work session to be scheduled for January 2004
5. Authorize the Acting City Manager to enter into a contract with the low bidderof Grisham Construction in an amount not
to exceed $53,212.69 for the construction of the water & sewer line extensions for the John Smither and Joe Slivers
tracts to be funded from budgeted water & sewer CIP funds and developer participation.
On June 3, 2003, City Council approved 50 percent participation in the extension of water and sewer to serve a
two-acre lot for Joe Slivers' future office development for an amount of $65,153 ($32,576.50 City, $32,576.50
Developer).
The low bid of $53,212.69 is less than the original estimate of $65,153. The fiscal impact to the City will be
$26,606.35. This is $5,970.15 less than the amount approved on June 3, 2003.
6. Approve Ordinance 2003 -12 -16.3, authorizing the City Attorney to make an offer for the City of Huntsville for the
acquisition of certain interests in property that is required for public purpose (wastewater easements), directing the City
Attorney to institute condemnation proceedings in the event such offer is refused; providing for the filing of lis pendens
(Cole property).
This ordinance will allow acquisition of easements necessary for the construction of a gravity sewer line and
sanitary sewer force main. The easement has been appraised as follows: Timber Value: $15,341.62; Land Value:
$13,000.00; for a TOTAL of $28,341.62.
In previous conversations, Mr. Cole has indicated he is unwilling to grant an easement across thesubject property.
Authorize the Acting City Manager to enter into an Engineering Contract with Klotz & Assoc. in an amount not to exceed
$100,000 from budgeted funds to prepare a feasibility study on the availability of groundwater as a municipal supply for
CITY COUNCIL MEETING OF DECEMBER 16, 2003 BOOK "T' 94
the City of Huntsville.
This item was pulled from the agenda pending renegotiation of the contract
9. Approve Resolution 2003 -12 -16.3, adopting a Code of Ethics for City of Huntsville City Council.
Councilmember Choate provided an ordinance to Council for consideration regarding adopting a code of ethics for
Council to adhere to in light of recent transactions and media attention. There was considerable discussion among
Councilmembers, with the majority wishing to discuss further before taking action.
Councilmember Tavenner moved to table this i tem u ntil a f uture meeting a nd Councilmember W oodward
seconded the motion. The motion passed 5 -4
10. Develop rules for public comment at City Council meetings, as presented by Councilmember Steed Smith.
Councilmember Smith stated his frustration with not being able to respond to citizens during the Citizen Input
section of Council meetings. He would like to find a way to be able to respond, suggesting that all public comments be
submitted to the City Secretary by an established deadline in order to be posted as part of the agenda and therefore, open to
discussion. Mayor Davidson stated the citizens have a right to vent. Councilmember Crawford suggested that a system
should be put into place so it does not turn into a Council- bashing session. All agreed that some research be done on how
other cities handle their citizen input sections.
There was no action taken on this item.
MAYOR/CITY MANAGER ACTIVITY REPORT
Mayor/City Manager /Councilmember Report.
a. Mayor Davidson requested the Council reschedule the January 6 City Council meeting for January 13, 2004 due to
a personal conflict; Council concurred.
MEDIA INQUIRIES '
Tod Rowe of the Huntsville Item asked (1) what was the next step for the Wynne Home? (2) how is the search for City
Manager coming along? and (3) has the Council interviewed for the City Attorney position?
Mayor Davidson responded that there will be discussion at a work session scheduled for January 13 on the Wynne
Home, the City Manager search will be discussed in Executive Session tonight, and the Council has not taken action on the
City Attorney position as of yet.
NOTE: Councilmember Howard was absent from this time forward.
EXECUTIVE SESSION [8:20 -9:50 p.m.]
The City Council conducted a closed session under Texas Government Code, Chapter 551, Section 551.074 to,�j
deliberate the appointment, employment, evaluation, reassignment, and duties for certain positions with the City including
City Manager, Acting City Manager, City Attorney, and Acting City Attomey,
RECONVENE
I he city Council recessed from Executive Session to reconvene on November 17 at 11:00am to conducted a closed
session under Texas Government Code, Chapter551, Section 551.074 to deliberate the appointment, employment, evaluation,
reassignment, and duties for certain positions with the City including City Attorney and/or Acting City Attorney.
WORK SESSION [9:50 -10:50 p.m.]
The City Council conducted a work session to discuss golf course options with Lee Singletary of Singletary Golf Services.
ADJOURNMENT [10:50 p.m.]
a
Stephan a Brim, Deputy City Secretary �',