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MIN CC 09/12/1995CITY COUNCIL MEETING OF SEPTEMBER 12, 1995 BOOK "R" 395 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 12TH DAY OF SEPTEMBER 1995, 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 JoAnn Matthews Gene Pipes, City Manager Ronald L. Lange Ann James Danna Welter, City Secretary Marjorie Rex David Martinez Scott Bounds, City Attorney Jim Carter CITIZEN INPUTANQUIRY Joseph Castille. Tall Timbers. Mr. Castillo stated that Tall Timbers was in dire need of street and sewer improvement. He stated that the City had applied for a grant and he has heard that it was approved. He would like to see these grant funds used for their intended purposes. Mr. Pipes stated that the City did apply for a HUD grant last year. The grant was well received and ranked highly, but missed the cut line by several positions. The same grant will be applied for again this year, the City is committed to the engineering and necessary street work as part of the grant match. Staff feels this project will rank highly again this year and does feel it will make the cut line. If it this project does not receive grant funds, it could be added to the overall capital improvements budget. INVOCATION Invocation by Brother Travis Ferrell, Southside Church of Christ. CONSIDER THE MINUTES OF AUGUST 22, 1995 Councilmember Matthews made a motion to approve the minutes of Aueust 22. 1995. and Councilmember Rex seconded the motion All were in favor and the motion passed unanimously. ATTENDING CITIZEN Jack Stanfield. Walker County. Mr. Stanfield stated that he is a highly disabled resident and taxpayer of Walker County. He stated that the ADA has been violated by the City of Huntsville for years. At Gibbs Elementary, the buses pick up children on 19th Street blocking much of the parking area that at one time w as assigned as 10 minute parking for parents to pick up school children. There is one disabled sign, but there is no cut ramp. At this time there is a ramp being constructed, but it is at the farthest spot from the front doors which is illegal in the ADA guidelines. Last summer the 10 minute parking signs were replaced with no parking signs and he wants the 10 minute signs returned. He has notified ADA of the removal of the disabled sign and there was never a ramp where it should have been and asked them to contact the School Board, City Council, Mayor, Gene Pipes and Joyce Merchant or whoever to see that the ADA guidelines are followed. He has also called the ACLU and asked them to file suit to get the parking signs restored. Mayor Green stated that the parking situation is on a 90 day trial basis as recommended by the school officials and has not been adopted by ordinance. Also, with regard with handicap parking, the school district is responsible for this access but City officials will be in contact with them on these issues. OPEN PUBLIC HEARING - RECEIVE COMMENTS REGARDING THE PROPOSED AUTHORIZATION FOR EMPLOYEES TO RETIRE AND RECEIVE A SERVICE ANNUITY WITH AT LEAST 20 YEARS OF CREDITED SERVICE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM No comments. Mayor Green closed the Public Hearing. OPEN PUBLIC HEARING - RECEIVE COMMENTS ON THE PROPOSED BUDGET FOR THE CITY OF HUNTSVILLE'S FISCAL YEAR OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996 No comments. Mayor Green closed the Public Hearing. CONSIDER ORDINANCE 95-9 -12.1 APPROVING AND ADOPTING THE OPERATING AND CAPITAL BUDGET FOR THE CITY OF HUNTSVILLE FOR FY 1995 -96 Ms. Allen stated that the City's operating funds budget is $19,702,039 (includes general fund, general debt service fund, special CITY COUNCIL MEETING OF SEPTEMBER 12.1995 BOOK "R" 396 revenue fund, water and sewer fund, and sanitation fund), and the capital improvements budget is $4,417,724. Councilmember Carter stated that he was not in favor of a 66% rate increase in sewer over the next three years to fund the capital improvements planned. He does not feel the "Huntsville Plan" is the best and efficient plan for Huntsville's future. He feels there are other capital improvements projects that have much merit such as drainage. He plans to vote against the plan. Mayor Green stated that he does not feel there will be a 66% increase over three years. Due to state mandates, the City must expand its capacity in one or both of its wastewater plants. After much discussion and deliberation, it was the consensus of Council that the City and its citizens would benefit more by the addition of a new wastewater treatment plant in the Robinson Creek area to allow for potential growth. Ms. Allen stated that budgetary and fiscal policies are also adopted with the approval of this ordinance. Councilmember Davis made the motion to anorove Ordinance 95-9-12.1 approving and adopting the operating and capital improvements budget for the City for FY 1995 -96 (October ] 1995 through September 30 1996). and Councilmember James seconded the motion All were in favor except Councilmember Carter. The motion passed 8 -1. CONSIDER ORDINANCE 95 -9 -12.2 ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE'S ENSUING FISCAL YEAR The tax rate will remain at $3844 for the eighth consecutive year. The breakdown is $.27923 for General Fund operations and $.10517 for debt service for payment of general obligation indebtedness. Councilmember James made a motion to approve Ordinance 95-9-12.2 adorning the tax rate and levying taxes for the City of', Huntsville's fiscal Year beeinning October 1 1995 through September 30 1996 and Councilmember Matthews seconded the motion All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 95- 9.12.3 AMENDING CHAPTER 17, WATERS AND SEWERS OF THE CODE OF ORDINANCES CHARGING FOR ACH PAYMENTS REFUSED AND INCREASING THE RATES FOR SEWER SERVICE Ms. Allen stated that the volume charge for sewer is increasing from $1.80 to $2.20 for both residential and commercial (a maximum of $24.80 per month for a residential customer). This ordinance also allows for charging a customer when an ACH payment is refused. Ordinances charging for ACH payments refused and increasing the rates for sewer service (volume). and Councilmember Lange seconded the motion All were in favor except Councilmember Carter. The motion passed 8 -1. CONSIDER ORDINANCE 95 -9 -12.4 GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED it This ordinance gives authorization for employees to retire and receive a service annuity with at least 20 years of credited service in the Texas Municipal Retirement System. Councilmember Matthews made a motion to approve Ordinance 95-9-12.4 granting authorization for employees to retire and! receive a service annuity with at least 20 years of credited service in the Texas Municipal Retirement System as authorized by Section 854.202(a) of Tide 8 Texas Government Code (as amended) and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 95 -9 -12.5 ADOPTING 100% UPDATED SERVICE CREDIT, INCLUDING TRANSFERS 70% INCREASE TO ANNUITANT AND 2 TO 1 CITY MATCHING RATIO Councilmember Rex made the motion to approve Ordinance 95-9-12.5 adonting 100% updated service credit including transfers 70% increase to annuitant and 2 -1 Citv matching ratio and Councilmember Lange seconded the motion All were in favor and the motion passed unanimously. CONSIDER TAX COLLECTION REPORT FOR AUGUST WITH ADJUSTMENTS TO THE TAX ROLL AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Councilmember Davis made the motion to approve the tax collection report for August with adjustments to the tax roll. and Councilmember James seconded the motion All were in favor and the motion passed unanimously. _ CITY COUNCIL MEETING OF SEPTEMBER 12,.1995 BOOK "R" _ CONSIDER ORDINANCE 95-9 -12.6 AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER 397 FOR THE ACQUISITION OF CERTAIN INTEREST IN PROPERTIES THAT ARE REQUIRED FOR PUBLIC PURPOSES (JOHNSON ROAD RIGHT -OF -WAY) AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED Mr. Bounds stated that he was asked by Council to communicate an offer on behalf of the City to Mr. Taylor for the acquisition of tight -of -way on Johnson Road. Mr. Taylor stated that a $544.50 would be a fair value for the right -of -way plus in -kind services of two taps at a future date. Councilmember Lange made the motion to approve Ordinance 95 -9 -12.6 accepting Mr. Taylor's offer of $544.50 plus two water taps, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS 1. Consider awarding lease contract on approximately 81 acres at the Huntsville Municipal Airport to Steve Kerr in the amount of $1,620.60 per yew for a period of five years beginning January 1, 1996, Councilmember Matthews made a motion to approve the lease on the Huntsville Municipal Airport to the highest bidder meeting specifications (appearing to be Steve Kerr in the amount of $1,620.60 per vear) for a netted of five vears beginning January 1. 1996. and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. 2. Consider single bid received on Project 94- 12 -04, 10th Street FEMA drainage. Staff opened the single bid on the project and the bid exceeded the engineering estimate. Councilmember Luring made a motion to reject the bid received on Project 94- 12 -04, 10th Street FEMA drainage, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Appointments to Boards and Commissions: a) Reappointment of Diane Ratliff (Commissioner) and Darryl Patrick (Advisory) and appointment of Jill Baine and Ann Hodges (both advisory members) to the Huntsville Arts Commission. b) Reappointment of Rick McFarland and Don Coers as members and appointment of Ralph Brim and Gayland Moulder as alternate members to the Zoning Board of Adjustment. Councilmember Rex made a motion to approve the appointments to the Boards and Commissions as listed above, and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. 2. Consider ameement with Walker Countv for fire services for fiscal year 1995 -96. Mayor Green stated that a meeting between County Officials regarding the fire contract was postponed, but should be held before our October 3, 1995, meeting.. 3. Christmas Lighting. Mayor Green stated that there would be a note added to the water bills allowing citizens on a voluntary basis to contribute to the Christmas lighting project. There was no objection to this project. 4. Parking on 19th Street. Mayor Green stated that a new restaurant was opening on 19th Street in the log cabin. He asked staff to examine the possibility of changing the puking requirements to make the north side of 19th Street from Sam Houston Avenue to Avenue O no parking between the hours of 8:00 a.m. and 5:00 p.m. weekdays, allowing evening and weekend parking. Mr. Pipes stated that he had authorization to post these signs on a 90 day trial basis. CITY COUNCILMEMBER ACTION Councilmember Davis stated that the Finance Committee met and discussed financing of the capital improvements budget and designation of bond Counsel. It is the recommendation of the Finance Committee to instruct the staff to obtain a proposal from First Southwest to serve as bond advisor on the debt that will be generated resulting from the CIP program. Councilmember James invited the Council and citizens to the Walker County Proud kick off meeting on October 17 at 6:00 p.m. at the Walker County Fairgrounds Committeemens Room. MEDIA INQUIRIES Paul Sturrock, Huntsville Item, asked the capacity of the Robinson Creek Wastewater Treatment Plant. Mr. Pipes stated that it would have a capacity of 2.5 million gallon potential. . CITY COUNCIL MEETING OF SEPTEMBER 12 1995 BOOK "R!' 398 Recess into a EXECUTIVE SESSION to consider contemplated/pending litigation as follows: ' * Grisham Construction contract on the Visitor Center project; * Etheredge /Spring Lake homeowners (McDonald Creek drainage), and * Certification of convenience and necessity - ETJ (water service). Da rna Welter, City Secretary