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MIN CC 01/04/20054___ CITY COUNCIL MEETING JANUARY 4, 2005 BOOK "T' 187 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 4TH DAY OF JANUARY 2005, 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: Gary Crawford OFFICERS: i Jack Choate Bob Tavenner Kevin Evans, City Manager�� Mickey Evans Jim Willett Danna Welter, City Secretary Judy Kayse Mac Woodward Thomas Leeper, City Attorney Absent: Steed Smith FINANCE COMMITTEE MEETING [4:47 p.m. — 5:07 p.m.] The Finance Committee met and discussed budget amendments and the MBIA hotel -motel audit. WORK SESSION [5:20 p.m. — 5:50 p.m.] The City Council met in a Work Session to discuss the proposed swimming pool. ELECTION OF ACTING MAYOR Councilmember Kayse made a motion to elect Jack Choate as Acting Mayor, and Councilmember Tavenner seconded the motion. The motion passed unanimously. CALL TO ORDER [6:10 p.m.] Acting Mayor Jack Choate called the regular session to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Councilmember Crawford led the invocation. ' - PUBLIC COMMENTS (Agenda Items Only) None. CONSENT AGENDA a. Approve the minutes of December 6 and 14, 2004 ( Danna Welter, City Secretary). Councilmember Kayse made a motion to approve the consent agenda and Councilmember Woodward seconded the motion. The motion passed unanimously. STATUTORY AGENDA a. Consider and take action to approve acquisition of approximately 3.44 acres from the Diocese of Galveston - Houston in consideration of: payment of $10,000, the designation of 0.5 acres within the Mayes Addition of the Oakwood Cemetery for the interment of persons of Catholic faith, and the assignment of proceeds from the sale of lots within the designated 0.5 acres to the Dioceses of Galveston- Houston, as presented by Morris Waller, Cemetery Board Chairman. This item was presented to City Council on October 21, 2003, and approved at that time. However, the Director of Catholic Cemeteries, and their Real Estate Manager have decided that there needs to be some revisions to the original plan. In the original agreement, St. Thomas Catholic Church would be responsible for planning, developing, and platting the Y2 acre site, and they would maintain the Y acre set aside for the interment of Catholics in a manner that is consistent with the adjoining cemetery. The Diocese of Galveston- Houston has agreed to deed its 3.44 acres located south of the Mayes addition to the Cityof Huntsville Oakwood Cemetery with the following stipulations: (1) one -half (1f2) acre be designated as a Catholic Cemeteryto be administered by the Catholic Church, (2) the City pay a consideration of $10,000, (3) the location of the Catholic portion of the cemetery be a mutually agreeable site. (4) the one -half (112) acre designated be surveyed, platted, and maintained by the City of Huntsville. If approved, possible revenues are as follows: Catholic %3 acre possible lots —435 X $750 = $326,700 City 2 acre possible lots - 1,742 X $750 = $1,306,500 Morris Waller, Chairman of the Cemetery Advisory Board, stated that the Board felt it was important to gain ownership of this property for the long term use as cemetery property. After a lengthy discussion, the consensus of Council was to discuss in Executive Session. ' b. Consider and take action to approve Ordinance 2005 -01 -04.1 amending Title 11, Electricity, of the Code of Ordinances of the City of Huntsville, updating state law changes. On September 1, 2004, a new State law went into effect requiring electricians within the State of Texas to be licensed by the State through the Texas Department of Licensing and Regulations. On September 1, 2004 the licenses issued bythe City i became void as any electrician working within the city now has to maintain a State license. Because of this change, in lieu of issuing electrical licenses, the City will require electricians that work within the city limits of Huntsville to register. Registration will assist the city to insure that electrical work performed within the city limits of Huntsville is performed by properly licensed and insured persons. CITY COUNCIL MEETING JANUARY 4, 2005 BOOK "T" 188 of Ordinances of the City of Huntsville. updating State law changes as amended and Councilmember Kayse seconded the motion. All were in favor except Councilmember Tavenner and Willett. The motion passed 6 -2. c. Considerand take action to approve the purchase of one Case 650K dozer in the amount of $62,472.24 and one Case 580M backhoe in the amount of $53,914.77 from Equipment Support Services, to be funded from the vehicle replacement fund, as presented by Debby Mikulin, Purchasing Coordinator and Bill Daugette, Operations Manager. During the budgeting process for 2004/05, it was determined by City staff that the 1985 Case 450 dozer used in the wastewater department would need to be replaced. Staff reviewed the equipment replacement fund and history for this machine and determined that that it would not be feasible to try and make any repairs. A new dozer was budgeted for the new fiscal year to replace the 450 dozer. A new drainage maintenance crew in the street division was approved in the 2004/05 budget. A backhoe to be used in all aspects of drainage maintenance, repairing concrete head walls and relaying storm sewer pipe was also approved in the budget to be used by this division. Pricing was obtained from Equipment Support Services, the approved vendor through the H -GAC Contract for this type of equipment. Purchasing through a cooperative program as H -GAC, meets all competitive bidding standards mandated by the State of Texas. Councilmember Kayse made a motion to approve the purchase of one Case 650K dozer in the amount of $62,472.24 and one Case 580M backhoe in the amount of $53,914.77 from Equipment Support Services to be funded from the vehicle replacement fund, and Councilmember Evans seconded the motion. The motion passed unanimously. d. Considerand take action to approve the Tax Increment Reinvestment Zone, No. 1, 2004 annual report, as presented by Stan Hamrick, City Planner. The Council is required by the State to submit to each taxing unit that levies property taxes on real property in the Zone a report on the status of the TIRZ. The content and format of the report are standard. This report will also be copied to the Attorney General and State Comptroller offices. It should be noted that the reporting period is prior to the first meeting of the TIRZ Board or any actual projects commencing. The numbers and items reflect the initial feasibility studies for creation of the TIRZ, No. 1 as presented by Schrader & Cline. The TIRZ board met on December 15, 2004 and approved the 2004 Annual Report as presented. Councilmember Kayse made a motion to approve of the Tax Increment Reinvestment Zone No. 1 2004 Annual Report and Councilmember Willett seconded the motion. The motion passed unanimously. e. Consider and take action to authorize the City Attorney to negotiate purchase of right of way for Powell Road future street extension, as presented by Glenn Isbell, Director of Public Services. On June 4, 2002, City Council approved the Huntsville Transportation Plan prepared by Wilbur Smith Associates. Under the Recommended Short Term Improvement Program (2002 to 2010) on Table 7 -1 the plan recommended the following: "Improve /Extend Powell Road from Sam Houston Ave. to IH 45 NB Frontage Road." A plat was submitted to the Planning and Zoning Commission at its meeting on February 2, 2004 to subdivide an 8.456 acres tract and Lot 2 of the development is in the proposed route. The tract is part of the Rayford H. Moore Estate and is being divided between his two children. The proposed development will form three lots. Lot 2 of the development is 6.548 acres in size and is a undeveloped tract containing only outbuildings and an abandoned house. A City owned 12" diameter well line runs north and south through Lot 2 and will require a 20' utility easement. The Transportation Master Plan indicates a planned extension of Powell Road (part of Cline Street) northward through Lot 2 which would intersect a proposed extension of Lakeridge Drive. Lakeridge Drive would intersect with Milam Street (private) if extended east. The proposed extension would follow the existing 12" well line and would become the north extension of Powell Road. According to the Transportation Plan, a collector street requires a right -of -way width of 70'. On February 2, 2004, City Council established the intent of purchasing the right -of -way and authorized the appropriate survey and appraisal work to be performed. Two appraisals have been completed for the right -of -way. This item was discussed in executive session. MAYOR! COUNCILMEMBER / CITY MANAGER REPORT a. Update on pending or contemplated litigation. b. Update on land acquisition. City Council recessed into executive session to discuss these issues. No action taken. C. Consider appointment of David Ward, Jack Parker and George Miles, and the reappointment of Bill Hodges, Wendell Baker, Jr., and Ralph Beaty to the Economic Development Council. Councilmember Ka se made a motion to approve the appointments to the Economic Development Council and Councilmember Woodward seconded the motion. The motion passed unanimously. d. Discuss design for a City flag. City Manager Kevin Evans stated that we would bring this item up at the next agenda. e. Consider and take action to approve the budget amendments, as presented by Councilmember Tavenner, Finance Committee Chairman. This item was postponed until the conclusion of the executive session. CITY COUNCIL MEETING JANUARY 4 2005 r r 'i BOOK T" 189 EXECUTIVE SESSION [7:23 p.m. — 9:08 p.m.] The City Council conducted a closed session as authorized by Texas Government Code, Chapter 551. RECONVENE [9:09 p.m.] ADJOURNMENT [9:18 p.m.] Danna Welter, City Secretary