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MIN CC 04/28/1987OF '.HE HUNTSVILLE CITT COUNCIL MEETING HELD ON j 2$TH DAY OF APRIL, 1947 IN THE CITT HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 F.M. The Council met in regular session with the following member' present: Jane Monday, Mayor City Officers Present: Gene Pipes, City Manager Ruth DeShaw, City Secretary Scott Bounds, City Attorney 0. Eugene Barrett Gary Bell Jim Carter Ile G. Gaines William B. Green William L. Hammock Percy Howard, Jr. Bill Knott' ATTENDING CITIZENS Jennifer Donohoo, No. 208 Barrett, Huntsville, Texas, 294 -4108 Ma. Donohoo advised she is • representative of the Student Government Association of SHSU. She indicated she is the designated ambassador from SGA to the C1cy Council, which is an effort of SGA to establish direct communication between that organization and the City. Ms. Donohoo then expressed a concern of SGA for cross- walks on Avenue H between the new stadium and the coliseum. She advised the apartment complexes east of Avenue H house many students who must cross Avenue H to get to the University. Currently, she said, there is no safe passage across that street because of the extremely heavy traffic it carries. The apartment complexes involved are: Paper Moon Apartments, Miami Apartments and the Colony Apartments. She advised the University has advised them this is a city concern since it is • city street (Avenue H). Mayor Monday advised the Council will consider this request and hopefully can have an answer back by the next meeting. Councilmember Bell commended SGA for sending a representative to the Council. He personally welcomed Ms. Donohoo and encouraged the closer communication this ambassadorship represents. Councilmember Carter noted since Sam Houston Avenue was overlaid, the crosswalk at 19th Street has not been reinstated. He asked the City to check on replacing that designated crosswalk's markings. Mr. Pipes said he would check with the SDHPT to have it remarked. Councilmember Green noted in regard to the crosswalk need on Avenue H, in addition to the apartments that are there, the University has also constructed a student parking lot which creates a great deal of pedestrian (student) traffic across Avenue H. He felt it was equally a University responsibility to provide safe crossing on Avenue H. He said if the University owns housing and establishes parking lots on the other side of a major artery, he would think they have some responsibility; although he is not saying it is not somewhat the city's responsibility, he didn't feel we could make decisions regarding crosswalks without working closely with the University. He suggested before the City responds to this request, that it work with the University on a satisfactory resolution as it is not the city's problem alone. Mayor Monday noted the city will take that into consideration. FORMAL MEETING Mayor Monday then called the formal meeting to order. She presented Pastor Paul Morris of New Hope Free Wil Baptist Church to give the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve the minutes of the previous meeting of April 14, 1987 and Councilmember Gaines seconded the motion. Discussion: Councilmember Carter asked the City Secretary to recheck the tape recording as to who seconded the motion for the appointments to the Tourism Commission, noting he does not remember seconding the motion. Councilmember Carter also asked some questions for clarification. He said it vas his understanding when we appointed those members to the Tourism Commission that the City Council would not take any action and that this was a Mayoral appointment. Mayor Monday said this was a City Council action (consensus) acting upon the Mayor's nominations. She said the City of Huntsville IS represented on that Commis- sion. She said this commission's intent is to act as a Charter Commission to establish the Tourism Commission and to bring back those details for council consideration. Councilmember Carter asked when vas the Commission created and under what structure and if it was already created, how did we make appointments to this Commission. Mayor Monday said the Commission has not been created and structured yet and that is why this commission was formed as a Charter Commission to bring that structure together (formulate it), and bring it back to the Council for its consideration at a later time. She said we simply needed a body to begin negotiations. Councilmember Carter noted he did not have this understanding at the time they voted last week. He said he still is uncertain what the purpose of this commission is because the Council has not met with them to give them any directions with regard to negotiations. He requested that since this group now represents the City Council that we sit with these individuals to determine what the policies, the hopes and the goals of the city are with regard to their work. Mayor Monday said this body has met once already to work through the formulations of a structure. She said she is sure when they have that done they will be back with us in a work session for discussion of where they envision this going and how it will work. She said at that time we will have more than ample opportunity to visit with them. She said if any of the Council have any particular concerns, they may want to contact the= directly. Councilmember Well noted a typographical error on page two of the minutes to change a word from " enterior to exterior," in the discussion of subdivision regulations and restrictions. Mayor Monday noted then that the City Secretary is asked to check on the member seconding the motion on the Tourism Commission and to correct the typographical error on page two. With those two considerations, the minutes were then approved unanimously. CONSIDER SAM HOUSTON PROPOSAL Consider a tri- county (Montgomery, San Jacinto and Walker Counties) economic development proposal and endorsement Resolution, as presented by Mr. Don Moore, President of Conroe - Montgomery County Chamber of Commerce. Mr. Moore presented the Council a map showing the area concerned in this proposal. He said the Council may have read about the super- conductor /super - collider project. He said he has followed it closely for a couple of years even going back to the time when the Texas AWN group was still in the running for the design of the magnet itself. He said he had those individuals over to address them a couple of years ago. It<. !bore said on April 1, the invitation for site proposals for the Superconducting Super Collider wee wt to the State of Texas from the Department of Spergy. De said in January of 4,82. president Meagan approved for submission to Congress a proposal to coaatruct the wrld'a largest and most advanced particle accelerator-- the Superconducting Super Collider (SSC). Mr. Moore said titling has been slot of conjecture across the state and many communities have already they vere submitting proposals. He said he has beard conjectures about the South Dallas area and certainly in the greater Houston area as the Houston Economic Development Council has talked specifically in the media about • site over in Liberty County. Be said he feels we would be remiss in Montgomery County if we didn't submit a proposal. Be said Mr. George Mitchell of the Woodlands Development Corporation and his staff Le worked with him and his office to propose • site in this region to the State of Texas or possibly the Department of Energy in Washington. He said tvo sites that should be looked at are: 1) aouthvest of the Conroe area and northeast of the Woodlands area (City of Magnolia)- -the circle would be almost around the city of Magnolia; 2) the mouths portion of Walker County and San Jacinto County on the very northern portion of Montgomery County —this being the preferred site. Be said the mein concern on behalf of the Woodlands Development Corporation and its people is the quality of life involved with the sites. He said it vas felt the site over in Liberty County could compare with the quality of -life that we have in this region, stretching from Lake Livingston to Huntsville to Lake Conroe, down into Conroe and certainly on into the Woodlands area. Re said it is felt they don't have the high- way infrastructure necessary to put some 4,500 to 5,000 construction job workers to work, the 3.000 scientists and the other 500 technical related jobs that will be created, and ultimately, there is some concern that the infrastructure of schools, dales, municipalities, highways is significant enough in that area. He said the Woodlands Corporation began meeting with the Houston Economic Development Commission officials and they made a twofold plan of attack that the Woodlands Development Corporation would develop some $9 million incentive package consisting of housing, free office space, some acreage devoted to research facilities for the super collider project and many other parts of that were added to the 19 million upfront incentive package which would be submitted by UDC on the Liberty side or an alternative for an optional site. Be said his group net this past Wednesday and decided that after about a week of intensive study, they would core back together week and decide more vividly whether or not we wanted to submit a site from this tri- county area. He said this is why we are here visiting with the Council this evening. He said he would like the various municipalities and the Chambers of Commerce and the Counties of Government in the three counties to come together as a region and submit a proposal. He said at this particular time, he does not see it costing the City of Huntsville or the County of Walker any funds to fund the proposal, although the proposal is costing approximately $30,000. That cost is being borne half by the Woodlands Development Corporation and the other half there in the Conroe area. He said his organization felt that strongly about the proposal that they vent to pursue it. Mr. Moore then introduced Mr. David Voke of Voke Engineering of The Woodlands who can answer any questions_ Mr. Moore said it is anticipated the economic impact of this project would involve some 4500 construction jobs. beginning as early as 1989 with completion of the project slated for 1995. He said the ultimate job creation is estimated at 3,000 scientists who would be moved into this area with about 500 or maybe 1,000 second tier technology related jobs. He said he learned yesterday that a team of engineers and executives from The Woodlands have changed the name of the proposal to "The Sam Houston Proposal." Mr. Moore said they were bullisk enough to think this ptupo:l has a good chance to get on the "short list." Mayor Monday thanked Mr. Moore for this presentation. She asked for the procedure involved in the presen- tation and the time line on the decision making before we open this up for discussion. Mr. Moore said beginning last Tuesday when the decision was made by the joint Chambers there in Montgomery County, the Woodlands Develop- ment Corporation and the County Government, we have ten days during which to get the proposal in. He said the deadline is May 5. He said the Woodlands Development Corporation has lent ten executives to the project, night and day, throughout botb weekends and they will be continuing to vork right up until the 5th to get that propo to Austin. He said it is his understanding that the proposal will be weighed and within a week or ten days, we will have some idea of how it will do. He said there has been some conjecture that the Governor favors coming up with on. site from the State of Texas with everyone in the State getting behind that site. and submitting tba site to Washington. Mr. Moore said he understands Senator Phil Graham, Congressman Joe Barton and several oche who are leaning toward the State of Texas possibly submitting three or four proposed sites as the odds would be a little better with us having three of the seven or eight sites submitted to the DOE, rather than one of mix or one of five. Mr. Voke said the first deadline i■ May 5 to the state selection committee. He said one of the sites chosen will likely be from the Houston area and another from the Dallas area, if more than one site 1s chosen from the state. He said some 14 different sites are being submitted to Austin from the State of Texas. Be said the state will send their selection to the DOE in August and will add to it additional information in der■i along with incentive packages to make Texas' proposal more desirable vs. other states. Some of the incentive proposals going through the legislature now are two $500 million bond deals to provide funds minus the state o Texas towards the accelerator center ancillary developments. He said in addition to the accelerator, there be a high spin -off of technology just to build the accelerator. He said construction is supposed to cost 12.4 billion to build the accelerator and a total construction cost of $4.4 billion that covers the campuses. Be .aid the accelerator is 53 miles in circumference, but in order to get the particle beam to the energy to injec into that 53 mile circumference accelerator, we have stepped accelerators, the smallest of which is four miles. He said a total of 6300 acres will be necessary for the campuses for ancillary support services. The accelera- tor will be buried under the ground a minimum of 50 feet and v111 not impact the use of the surface route area around that tunnel, so the interior of it would remain under its current use. Council Questions Councilmember Barrett asked about real estate acquisition, noting he understands there is no land cost involved. He asked where the money will come from to acquire the land. Mr. Voke said DOE's requirements are that there be no land costs to the federal government and that is one of the two 1500 million state bonds. Councilmember Bell asked if this site involves the national forest. Mr. Voke said some of the circle vill touch some of the extraterritorial jurisdiction of the national forest, but none of it touches the wilderness area or campgrounds and other related interiors. Councilmember Bell asked if it would be tax exempt property and Mr. Voke said it would be. Consider Resolution requesting state to adopt site located within Tri- county area for SSC to be submitted to DOE (Superconducting Super Collider) Mayor Monday then asked the Council to review the resolution endorsing and supporting the submission by the Task Force to the State of Texas of • site located within the Tri- County Area (Montgomery. Walker aned San Jacinto Counties) for the construction of the Superconducting Super Collider, one of the largest scientific instruments every made, in which the basic constituents of matter are created and studied at an energy of 40 trillion electron volts, 20 times greater than at any existing facility. It vas noted particle physicists here and abroad agree that the construction of the SSC will give scientists access to an instrument unrivaled in the world for making frontier discoveries well into the next century. 0 • Mr. Don Moore said there will be • major news conference on Monday et 2:00 P.M. at which time the media throughout the region can know that this three county area is very serious in making this proposal. Mayor Monday noted if the Council endorses this project by this resolution, we will be represented at that press conference. Councilmember Barrett made the motion to adopt Resolution No. 87 -5, as described, and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FUNDING DRUG ABUSE COUNCIL Consider a request for increased monetary support for Huntsville Alcohol and Drug Abuse Council as presented by Nancy Burns B111 Hodges, board member of the Huntsville Alcohol and Drug Abuse Council, advised that the Council funded this program last year in the amount of 510.000. He said last Bummer during the budget process, the City funded 85,000 with a promise to look at it again during the mid -year budget adjustments. He said that time is now and we are here to ask for another 85,000. Mr. Hodges advised of several cases of recent times of drug abuse and those that resulted in suicide. Mr. Hodges said 50Z of all the narcotics that enter the U.S., enter across the Texas border and that percentage is increasing. Nancy Burns, Director of the Council, advised the Council had 92 contacts during January, 98 contacts -in February and in March, there were 147 contacts and 140 in April. She said some of these are voluntary and others mandated by probation. She said they have about 10 -13 students a semester from the high school. She said private treatment is available but it is quite expensive. She said they work with the indigent, for the most part. After some further information from Ms. Burns, the Mayor asked the Council if they had any questions. Councilmember Barrett said he is aware of the good job this Council is doing. He asked where their other funds are derived. Ms. Burns said they received $10,000 from United Way, 81,000 /month from the hospital district, and 85,000 from Budweiser (this year for the first time). Ms. Burns said they felt like the 85,000 from Budweiser was like a bonus and they bought a typewriter for 8800. Mr. Hodges said some private donations are received, but the vast majority of the funds come from the sources mentioned and the City. Councilmember Green asked what the schools provide. Ms. Burns said very little. She said they get 825 per month per student referred. Ms. Burns said they have two certified counselors. Mr. Hodges said the County of Walker provides them space out on Highway 75 North. Mayor Monday advised the Council will take this request under advisement and it will be brought back next week. Councilmember Green then asked to see a formal budget for this program before he would feel comfortable voting for funding. Mr. Hodges said he can have that prepared and presented to the City Secretary in time for the next meeting. Mr. Hodges said the State of Texas permits the use of the mixed drink taxes the city receives to fund abuse programs such as this. CONSIDER TAX ABATEMENT PROPOSAL Consider a proposal for tax abatement and recycling options, as requested by T. J. Burdett and Sons Mayor Monday asked Mr. Burdett is he would like to make any additional comments to what has already been provided to the Council. Mr. Burdett said he would like to say, from a citizens' point of view, that the city is considering digging a 81.1 million hole (landfill) and he would hope we don't continue to cover money up and that we can get a recycling center going. He said it has been done in many communities. Mayor Monday said she has asked the staff to set up a work session for next Tuesday to discuss the tax abatement question so that we will know how to develop a policy in that regard. Mr. Burdett said he hopes the Council looks further than just value added tax base and jobs provided and look into "good" to the community and "actual dollars saved" for our citizens. Counahember Green asked Mr. Burdett exactly what kind of tax con- sideration is he asking for at this time. He asked if he is asking for abatement of taxes on improvements to the property, etc. Mr. Burdett said he has left this open because the Council does not have their criteria iden- tified yet. He said he is interested either in tax abatement or some other type of innovative tax consideration to assist him to do what he would like to do. He said ultimately his request is for tax relief because his reduction and material handling equipment are so expensive that if he puts these 8100,000 machines in place, the tax man would kill him (financially). Councilmember Green felt if Mr. Burdett could be more specific, the Counci may be able to use it as part of their criteria. Mr. Pipes felt it may be better to develop our formula without benefit of Mr. Burdett's specific request. Councilmember Green felt it might help to have it as we may be over - looking something if we just establish criteria without first looking what a person would ask for in that con- sideration. Mr. Pipes said Mr. Burdett is asking for tax relief on his personal property (machines). He said he is not familiar with any other tax abatement program that includes personal property, but they will be looking into all of this for the work session. He said the staff will feel free to call Mr. Burdett as they work up the information. Mr. Knotts noted those machines can be depreciated over four or five years and that will provid some tax relief. Mr. Burdett said he does not yet know just what types of machines he will get. He is flexible at this point and just looking for support. Mr. Knotts asked if he has already approached the County and HISD. Mr. Burdett said it was his understanding he needed to approach the city first and then the others would do like- wise in a kind of reciprocity agreement. Councilmember Barrett asked Mr. Bounds to check into all the laws related to this matter. Mayor Monday said the staff will be doing a total review of this whole consideration. Councilmember Carter indicated his support for Mr. Burdett's project. He asked for information germane to how efficient this plant will be and whether or not it will have waste products; what the cost will be to the city to remove the waste products; the level of toxic materials produced in the recycling operation; as well as training and protection for his workers handling these waste materials. He said he will also want to know some things about state permits and licenses and what will ultimately happen to the materials processed. He said he would like a much broader report not only on the monetary aspect, but also on the project itself. Mr. Burdett said he is selective of what he takes in so that it can be done according to the Austin plan (as provided the packet). He said what he sends to the landfill is decreasing tremendously and with the new machines and markets he envisions, it will continue to decrease as more and more can be salvaged. He said he does not touch hazardous wastes. Mayor Monday noted then we will have our work session on this next week. After that time, then, Mr. Burdett can make a more detailed presentation of his plan. Councilmember Carter was encouraged to visit with Mr. Burdett personally to get some of his questions answered in the meantime. CONSIDER EQUIPMENT POLICY Consider a request by the Honorable Sam Park, Commissioner, Pct. 1, to transfer certain items of fire equipment Mr. Pipes City Manager, asked the Council for guidance on setting a policy in this regard. He said he has received a request from Commissioner Park, dated April 15, 1987, to transfer back to the County, equipment, material, and supplies procurred by Walker County and transferred to the City Fire Department for its use in City- County fire service, for use on a temporary basis for re- equipping a city truck recently transferred from the City to the County. Mr. Park proposes transferring this equipment back to the City should those items be needed. Mr. Park advised Joe French, Fire Chief, indicated the items in question are in stock as spares should the city need them. Ctty Manager, Gene Pipeei_ encourajad the Council to consider s standing polity applicable to all City departments and property. Be said neither Chief French or himself hava.the authority to give, loan or transfer city property to private or public interests use under existing administrative authority. Be said they are rather responsible and accountable for such fixed assets and even with • signed transfer sheet designating their whereabouts, the Council oust authoriis the disposal of public property. Mr. Pipes said the equipment requested by Balker County consists of fittings, hose end merles that were original equipment on • 1960 International Tanker that was retired from service in August of 1986 and subse- quently deeded to Walker County (by prior Council approval) at the time that the replacement vehicle (that the minty purchased through a 1986 contract extension) was placed in service. Be said none of these items are "surplus" and the replacement value of the items total 81,529.00. Joe French (memo of April 23, 1987) advised the Council that he does not feel • loan of this equipment is feasible because it will wipe out the inventory of spare nozzles, aye, and leave only 300 feet of 11" hose for replacement on nine (9) firefighting units. Mr. Pipes advised Mr. Park pointed out that Walker County, over the past five years of the contract Walker County, they have paid a total of 8524,019 in contributions to their 50Z of 06M and have supplied three pieces of equipment (1985 Mack Tanker 8 891,000; 1982 minipumper for 845,000; and a 1976 Ford tanker of which Walker County supplied $10,304 equipping it out of a chassis the City provided and a tank that the Fire Depart- ment volunteers had acquired over the years). Mayor Monday said first we will want to consider the policy matter. Councilmember Green said there are two policy matters here: one deals with how we handle surplus property (if this 1s surplus property) and the other is our responsibilities under the agreement with Walker County to provide a fire service. He said from • policy standpoint independent of this particular piece of equipment, if ve are under a contractual relationship with another entity to do something and we are using interchangeable equipment to do it, is this a different issue. Mayor Monday slaked whether or not the council wants to institute • policy of the city so that when there are any requests for materiels, supplies, inventory, etc., that those would be lent on a temporary basis, with a designated time from beginning to end and that there would be no long term use. Councilmember Bell indicated his hesitancy to lend out equipment for any reason when we have so precious little as it is. He said be would want s very restrictive policy. Mayor Monday asked if he would consent, for instance, to the lending of a fire truck to the fairgrounds. Councilmember Bell said each situation would have to be judged on its own merit. Councilmember Green felt there should be • good deal more structure in the policy as to who we could lend to. Mr. Pipes said there are times when requests come in to borrow fire department gear, fire helmets, air packs and bunker gear by some of our sister city fire departments. Mr. Pipes said the equipment the County wants was originally on that truck deeded over to them, but at the name time, that equipment trill fit nine other trucks although at the present tine it is not in use. Councilmember Green felt the city could sell and lease but it should not loan anything. Mr. Pipes said he favors a policy which would still allow Motto meet requests such as when the Fair Associ• tion asks for a water truck for • few minutes to water the rodeo arena. Councilmember Green said we can go omit there and spray it for them, but we don't loan them the truck. Councilmember Bell noted we do provide the County a service for the *524,019 payment they make. Councilmember Barrett said we need to give some considera- tion to the department heads and what they might recommend, such as Joe French's recommendation on this particul item. Mayor Monday agreed that it is important to give the staff some flexibility as they are more closely involved in operations and maintenance. She felt the policy should be upon staff recommendation decision, bat that it be understood that the Council is not interested in transferring any equipment to any other entity, body or organization, but to give the staff some flexibility to consider • temporary situation. Mr. Pipes said he vould find this •greeshle. Councilmember Green said if we are voting on this, he would vote "No." Council- member Bell said he would vote no on this too as he feels this is a decision Mr. Pipes needs to make, not the department heads. Councilmember Green •aid be doesn't even agree with that as he feels ve need to have • policy that we either are going to do it or we are not. Mayor Monday said the way ve see it now 1s that there mould be flexibility involved and there would be temporary situations established by the department head upon approval by the City Manager and that it be understood there rill be no transferring of equipment. She asked for a vote on this policy. Councilmember• Hammock, Barrett, Gaines, Howard, and Mayor Monday voted IN FAVOR of this policy and Councilmember• Bell, Carter, Green and Knott• voted AGAINST this policy. The policy, however, passed by a vote of five to four. CONSIDER APPRAISAL DISTRICT BOARD POLICY Mayor Monday advised the Council that the Walker County Commissioners Court has nominated Robert Oliphant, Southwood Forest, Walker County to fill the vacancy on the board due to the resignation of Cecil Williams. Mayor Monday said the city did not submit their own nomination by the deadline. She asked the Council if they wished to approve the County's nomination or simply not do anything. Councilmember Howard made the motion to approve of the County's nomination of Robert Oliphant and Councilmember Knott• seconded the motion. All were in favor and the motion passed unanimously. NOW CONSIDER ORDINANCE Consider Ordinance amending Chapter 15B Taxation of the Code of Ordinances renewing the optional sales tax on telecoo•unication eervices Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE C177 OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 15B TAXATION, BY THE ADOPTION OF A NEW ARTICLE II1. LOCAL SALES AND USE TAXES; TAXING CERTAIN TELECOMMUNICATION SERVICES; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mr. Pipes said in 1967 the City optioned to impose a local sales tax on telephone service and other tele- communication services. He said the recent changes in the law require that we renew that intent and the ordin- ance, as captioned, reinforces an already existing circumstance that will not expire until October, 1987. He said it 1e a continuation of an ongoing circumstance and is required because of changes in the law. Council- member Knotts made the motion to adopt Ordinance No. 87 -9 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BID AND TRANSFER ro ect 87 -3 -1, sandbiastin: and .afntin: o ale Street Water Plant to Don Carter Ind budgeted and authorized transfer from reserve for on round etora:e water tams: •1 Goating in the amount of 851,553 to be p ure allocations in the utility fund • JCL Mayor Monday eked for approval of the InioLb ddmr -on this yt69ite', Ooh is Don Carter Industrial Coating in the amount of $51,553, as recommended by staff. Councilmember motto tads the motion to accept this bid as the low bidder and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimous) Mayor Monday then asked for approval for the transfer of funds in the amount of 123,000 from the reserve for future allocations to the water production division (accowmt 061- 5306). Mir. Boyd Wilder, Director of Public Utilities, advised he budgeted $43,000 for sandblasting and painting a one million gallon ground storage tank, based on a similar project last year, but found there was only 128,750 available for the project because he had not encumbered the funds from last year for the tank project that vas in progress at the end of the fiscal year. He said funds in the amount of 127,875 were added to the carry forward from last year and part of last year's project was paid this year. He advised currently there is $132,476 in the reserve account. Councilmember Gaines made the motion to approve of the $23,000 transfer, as described above, and Council- member Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE Consider ordinance amending the Code of Ordinances to delete Chapter 14, Signs Mr. Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -10 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS CODE OF ORDINANCES TO DELETE CHAPTER 14, SIGNS; AND MAKING OTHER PROVISIONS RELATED HERETO Mr. Pipes said in our effort last summer to consolidate all of our building and development codes into a single document called the "Development Code, "we overlooked the deletion by reference, of the Chapter 14 Signs section in the ordinance book. He said the sign regulations contained in the Development Code take presidence over the old sign ordinance in the Code of Ordinance book as it underwent some revisions at the time of the adoption of the entire Development Code. He said this ordinance is a housekeeping matter that will serve to remove the outdated sign code from the Code of Ordinances to allay any confusions that may erupt because of its presence there. Councilmember Knotts made the motion to approve of Ordinance No. 87 -10 and Councilmember Carter secoode' the motion. Discussion: Councilmember Bell indicated he has compared the old sign ordinance with that of the new one in the Development Code and finds they are not exactly the same. After some discussion, it was clarifie that due to the simplified new code, some of the stipulations in the old code were placed elsewhere in the Develo ment Code; i.e., permits and fees are not not under the sign ordinance per se, but under a section called Permits (Section 3) in the Development Code. Mr. Bounds, City Attorney, said the new code is a consolidation of the many different building permits into one code. Councilmember Bell asked about the bonding requirements pre- viously required. Cindy Kellgren, Building Official, noted the bonding requirements were dropped about two year ago. Mr. Bounds assured Councilmember Bell that if he noticed any substantive changes between the "sign" section of the Development Code and that of the old Chapter 14 in the Code of Ordinances, they were changed by Council action somewhere along the line. Mayor Monday asked Councilmember Bell to get with Dale or Cindy to compare what used to be with what now is so that he can feel comfortable about the sign section of the Develop- ment Code and the deletion of Chapter 14. She said he can then bring to a work session the reinstatement of those sections he feels strongly about or adoption of new ideas. She stressed that this ordinance in no way affects what is already in place today germane to signs. Vote on the motion: All were in favor and the motion passed unanimously. CONSIDER CERTIFICATE OF OBLIGATION BIDS Consider bids on interest rates for a four year certificate of obligation in the amount of $96,495 for a garbage truck to J. H. Neiderhofer, Jr., at the rate of 6.1Z. Mayor Monday advised on April 22, bids were received for interest rate on a 896,495 C.O. for a garbage true with a pay off over a four year period. She indicated the low bidder was J. 8. Neiderhofer, Jr. She asked for approval of the low bidder. Councilmember Barrett made the motion to approve of J.H.Neiderhofer's bid of 6.1Z and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT Consider a Huntsville Police Department Policy for unlocking stranded motorists' vehicles Mr. Pipes then presented Directive Number 107 of the Huntsville Police Department germane to "Unlocking Stranded Motorist's Vehicles, "which specifies what is a stranded motorist and an emergency situation as they apply to this policy. Mr. Pipes said a stranded motorist is one who has locked his keys in his vehicle. An emergency situation, he said, is where either an individual locks his /her keys in a vehicle along with an animal or a person who is unable to unlock said vehicle or an individual has locked himself /herself out of his /he vehicle and feels that he /she is exposed to some apparent danger while waiting for the vehicle to be unlocked. Any situation which does not meet these definitions will be referred to a private locksmith for service, Mr. es advised. Mr. Pipes said in this situation, the city has tried to be as accommodating as possible to the general public in terms of assistance, but at the same time recognizes the livelihood the local locksmiths derive from the business of this sort. He said the City is in no way, by way of this policy, going to have the dis- patchers make reference to a specific locksmith or to establishing any sort of rotation system or in any other way give hformation to the individual which would direct them to a specific service for this purpose. He said this in an attempt to compromise what has been a general full service situation with the economic circumstance that we are in at the present time, while at the same time not be put in a situation of not responding to a true emergency such as someone being locked in a car that might suffer suffocation or may be exposed to unneces- sary risks in a dark parking lot, etc. Councilmember Green made the motion to approve of this policy (Directive Number 107 of the HPD), and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. Consider a contract for the employment of an off -duty police officer to patrol certain area Mr. Pipes advised the Council another police related matter pending for some time is s circumstance on 12th and Avenue J surrounding the release of inmates and their departure from Huntsville and bus service. Be said the city has visited with the individuals who operate the two clothing businesses that supply to the newly released inmates. He said the problems with hawking and pulling in of the inmate customers into the various business places hes become more strident with the increase in the number of inmates being released. Mr. Pipes 1 • or to teach a sutua22y satisfactory rsaolutian of their difficulties. He said char Lave •greed to a•y lot • oolice officer op gn overtime basia and therefore have no control over the station or influence or anything of that mature In order m maintain a rather peaceful coexistence as can be managed in such circumstances. pr. Pios• said bulb ,j D Davie of University Surolua and lorry Anglin of OR Jaen have agreed with Police Chief Hank Rckhgrdt to do this. Mr. Pipes said he'll be happy to answer any questions. He said it is absolutely not explainable vby this circumstance exists, so if the Council wants to know why, he is sorry because be cannot tell them. Councilmember Green •eked if rather than this method if they could just put up a bond that says anyone mho violates the ordinance will forego their bond and save the city some time and energy. Mayor Monday asked Eby th city fm providing this as opposed to Walker County. Mr. Pipes said the primary jurisdiction 1s the City Pollee Department, but at the same time the Sheriff's Department has jurisdiction. He said the city has • service in terms of off -duty police officers for basketball games. football games and other special events. He said this particular situation is such that, on • directed basis, is not • very pleasant circumstance. Councilmember Barrett was concerned about how the officer would know when the inmates were to be released. Mr. Pipes said that will be worked out with TDC. Mayor Monday asked what if our officers do not vent to do this. Mr. Pipes said that is why it is on an overtime basis. He said they mold be assigned and it would not be optional. Comcilmember Bell was uncomfortable about this new arrangement and concerned about our officer having to be subjected to harrasament due to the antagonism betveen the two stores. He was concerned the officer would be he middle of a bad situation. Chief Eckhardt said the officer will be paid by the city and reimbursed by the two businesses and by being employed by the city the city is in a better situation from the liability standpoint. Chief Eckhardt said he intends for the officer to meet the inmates as they are released at the Malls Unit and follow them and insure there isn't any hawking or any type of state law violation as they move towards the businesses, taxicabs, bum station, etc. He said the officer will arrest those who violate even minor laws as there seems no other way to get the lawbreaker's attention. Pipes said both parties have been in aareement with this arrangement and a contract vill be draw up for them to sign. Mr. Pipes said the Council does not need to vote on this but he just wanted them to have this information. Consider the quarterly budget and tax reports Mr. Pipes presented the statement of revenues for the general fund as of the month ended March 31. 1987 and the monthly tax report for March, 1987. He noted the City is just about on target for both revenue and expenditure. He said the sales tax revenue is substantially off from this time last year as it is $760.158 now and was at this time last year $803,603. He said everything else is fairly solid. Mr. Pipes said the total percentage collected of the 1986 tax levy was 86.552 or $1,773,893.46 and the total delinquent collection 22.432 or $47,954.25. There were some questions for clarification from the Council. No formal action miss needed on the reports as they are provided for information. Consider requests by Real Estate Concepts for parks, utilities and streets related to the proposed kavenvood Resort Project Mr. Pipes then presented the April 8 and April 9 letters from Tom Crider of Real Estate Concepts. The April 8 letter indicates the city's only expense will be that of lighting the park. landscape maintenance and any future improvements or expansions. Mr. Pipes maid he is concerned about the level of expense that the lighting of the park and their concept of that lighting might bring. He said at the present time, the city provides security lighting, parking lot lighting and ballpark and tennis couit lighting in the general park application. but the city does not illuminate all the park areas anywhere. He said general lighting for 25 acres would be very expensive, he expects. He said be would caveat the general proposal here by saying subject to review of the •lane and s•ecifications for the li:htin;. He said the city has, as a matter of normal course. accepted street lighting as an obligation of the city once it is installed and the street lights are burning and they are to maintain and pay the bill on for health and safety reasons. In the April 9 letter, Mr. Pipes pointed out the developer is asking the city to provide connections is the street medians for sprinkler systems, vhich they vould then build and turn over to the city for maintenance. The developer prefers that all main supply lines be located in the street's center medians and tap locations extended to each major tract. Mr. Pipes said the construction of the sprinkler systems is not at all the major expense, but rather the provision of eater for the greenbelt areas. He said the city does not have a policy regarding this and is not in a position at this time, without seeing the plans and specifications. to even begin to estimate what that cost is going to be. Be asked the Council for their comments prior to his resuming correspondence with Mr. Crider. Councilmember Enotts asked if this project qualified under the city's utility extension ordinance. Pipes'add existing rater and sewer are available just inside the property lima of the 15 acres and it vill not be • problem for the city. Councilmember Enotte asked if the city will have me input on the fees schedule for the golf course. Mr. Pipes said the hotel will operate the golf course thromeh their own management group. Mayor Monday noted while the golf course will be accessible to the public, it rill be the hotel's responsiblity for maintenance and operation. Mr. Lnotte said the letter from Mr. Crider indicat the city will maintain the sprinkler system. Mr. Pipes amid it states: "Upon completion, all open park areas. sprinkler systems and play areas will become the City's responsibility, so far as maintenance is concerned.' He said the phrase: "open perk areas," needs to be clarified with Mr. Crider. Mayor Monday said this does not mean the golf course Councilmember fnotts said there could be a misunderstanding there. Mayor Monday asked Mr. Pioes to set written clarification of the city's responsibility in this regard. Councilmember Carter asked vhat the city's responsibilities will be in future expansions of the park areas, noting Mr. Crider's April 8. 19 letter says "The City's only expense will be that of lighting the park, landscape maintenance and any future improvements or expansions." Mayor Monday said that will be our property and our decision whether to expand it. She said at that time it will all be dedicated park land. Mr. Pipes said he has made it clear that if the golf course folds, and the city takes it over as regular park land, it will only be mowed, not maintained as a pelf course as we do not have the financial capability to maintain a golf course. • Governmental Finance Officers Association Award for distinguished budget presentation Mr. Gene Pipes, City Manager, then advised of ■ recognition received because of the efforts of this commc the financial staff and the staff in general during this past summer and fall. He said this particular award the highest form of recognition in government budgeting. He said we are extremely pleased our budget document meets the criteria they have established and that ve ■re one of only 200 governmental entities to have such an award across the country. He said we have received numerous awards that our financial audit has been recogair for its completeness and the work done by our auditing firms in conjunction with our city staff. He said me budget then was submitted for a similar scrutiny and review. Mayor congratulated Patricia Allen, Director of Finance, and the staff, noting she is very proud to be among those 200 cities to receive this award. Patricia Allan noted it was definitely a joint effort (with staff). 0 • • Review of the city's negotiating g positloo v'YL1064'Llkias Laks`t4:b. and eonsiderftdtiation of • polyphosphate treatment program at the Spring Creek Plant to aid in the control of "brave - water. Mr. Pipes said • considerable number of things transpired over the last twelve months that impact the City's relationship with the officials and residents at Elkins Lake. He said some of the basic tenets that we have held and jointly understood for years as facts in our- Bngoing operational association_have changed due to indeptb studies and analyses. Some of our players have likewise changed, he said, by virtue of the April election. Be said it would seem to be both practical and desirable, therefore, to clear the deck and set the record straight on three particular matters so that the members of the City Council and the MUD Board and our respective citizen communities may pick up from here now that the dust has settled from the incorporation election and move forward to a mutually satisfactory future. He said the most obvious of the recent happenings is the previously mentioned incorporation election. Despite considerable efforts to separate the issue, he said, it is undeniable that our contractual relationship with the MUD and the incorporation issue are inexorably entwined. The referendum recori brought the gravity of the situation into focus, he said, for the folks at Elkins and in Huntsville alike. He said the information that was disseminated in the electoral process was, as usual, influenced by whose version of the facts were being considered, but the impact of the massive data cannot be denied. He said the number of voters that turned out end the closeness of the results indicate that everyone but those who live in a vacuum or suffers from Van Winkle's Syndrome, understands what's at stake- -the future for all of us. The second major adjustment that has taken place, he said, is our election of three new councilmembers. He said to ask these new stewards of the public trust to accept on faith the work product of a 19 year convoluted history and an 18 month period of concentrated negotiations between a city committee and the MUD board is a bit much. Logic dictates that the new council, which will be willing, he said, to consider any Elkins Lake proposal ought to first review the history and rethink the city's future in general before attempting to sort out any specific contract negotiations. He said the last, but certainly not least factor of change that has occurred in the year passed is in our basic understanding and knowledge of the operational nuances of the water and sever systems in South Huntsville and the Elkins Lake area. Mr. Pipes said a computer model, developed through Glenn Isbell's capital research and analysis report efforts have yielded several findings that indicate a need to re- evaluate last Year's final contract offer that was left on the table. He said our previous thinking, which was based on the best available knowledge of the time, held that the Spring Creek Water Plant Substation should be taken out of service as soon as practicable and the engineers and consultant reports, dated back to the late 1970's indicate so, and the raw water derived from water wells 19 and 20 should be piped back to the Palm Street plant, our main plant, for treatment and mixing with all of the water supplies for distribution. He said we now know that the Spring Creek Substation is absolutely critical to the maintenance of water pressures in our dis- tribution system. Our present operational methodology is standard engineering practice and must be continued in the future. Mr. Pipes said. Another widely accepted but misunderstood operational fact, he said, was in the looped 12 inch water main through Elkins Lake and its function. Glenn Isbell's computer model indicates that little or no surface water ever reaches Elkins Lake, he said, or the southern extremeties of Huntsville due to the pumping action of the Spring Creek Plant. Significantly, the precept of looping the 12 inch main through Elkins Lake also has little or no effect, positive or negative, he said, on the remainder of the South Huntsville system, therefore, the sophistication and depth of the City's capital research and analysis report on our utility system has already paid dividends and will allow us to go forward from this juncture with a better understanding of our physical interrelationship. Boyd Wilder's companion proposal in tonight's agenda packet to implement the sequestering agent system at the Spring Creek plant to aid in brown water control, he said, is another by- product of Glenn's research effort. The proposed treatment system which has been recommended by virtually every consultant that has examined our brown water problem over the years, he said, could not have been attempted with confidence until we were certain of how the various water supplies "moved" in our system and where they nixed. Mr. Pipes said now we know, and we expect to enjoy a good deal of improvement in our age old brown eater problem in the south end of our distribution system as a result of the polyphosphate treatment and an on -going water main flushing program. Any of the three elements of change, he said, which have occurred since the City last met with the MUD Board to discuss our contract relations should be sufficient to initiate a new beginning to negotiations. All three elements in combination with the finite term of the Water Service Contract (August, 1989), and Sewer Contract (2007) clearly heighten our awareness of the need for renewing the efforts to reach a mutually agreeable reso- lution, he said. Resolving the utilities issues would certainly free up the creative efforts necessary to address the street problems, Mr. Pipes said, that are universally recognized as a pre- eminent concern of the residents of the subdivision. The City's willingness to discuss any proposal that the MUD Board might originate a n han ed sin e our las formal contract exce't for a brief time necessar for our new Cit Council member to become comfortable with our situation and the time to provide proper notice to the public of any future meetings that may be held to discuss their business. Mayor Monday said we are talking, geographically, about a rather large portion of the City and asked how many customers this involves. Mr. Pipes said about one - fourth of our customers. Mayor Monday asked that the city give notice to the customers involved before any flushing, etc., occurs. She asked that our notification plan be ready by next week Tuesday (when it will be done, what people should expect, etc.). Mr. Pipes said we will be working closely with the media as well. Mayor Monday noted we were able to solve the brown water for some of our residents when we went to the surface water program and now we have a chance to do it for the rest of the people. She felt it was quite a significant step thanks to Glenn's and Boyd's reports. Bayou Vista - -Dub Howze Mr. Pipes advised this is a housing project out on FM 2821 and FM 247 intersection (northwest corner). Mr. Howze has made a request for a change from a frame type dwelling units to modular or mobile home type struc- tures with no change in use or density, access roads or utility lines. Mr. Pipes said there is no mechanism in our current development code that is a particularly applicable set of circumstances for this particular project. Mr. Pipes said he is bringing this to the Council's attention before they notice the frame homes being moved out and the modular ones being moved in, that the City is aware of this but there is nothing in the codes to prevent it. Mr. Pipes said Mr. Howze wants to sell off the frame units and have them moved to other A locations to make room for the modular /mobile homes. Mr. Pipes said he has no problem with this but if a councilmember sees a particular problem with this for the future, we will work on the development code criteria related to this circumstance. MAYOR'S ACTIVITY REPORT Left Turn Signal on Normal Park at 11th Street and Speeding on Normal Park Mayor Monday asked Mr. Pipes for an update on the request of Mr. James Dix germane to these two issues. Mr. Pipes said he'll have the information ready for next week's council meeting. CONSIDER PLANNING COMMIISSI0N APPOINTMENT Consider appointment to the Planning Commission Mayor Monday then presented the name of Mr. Joe Sandal to serve on the Planning Commission and serve out the unexpired term of Bill Xnotts, vho vas elected to the City Council in April. It was noted that term extends until October of 1988. Mayor Monday noted Mr. Sandal has served on the Board of Adjustments and Appeals. le is in the gas leasing business in Huntsville and has been a Huntsville resident all of his life. Councilmember Green made the motion to approve of this nomination and Councilmember Barrett seconded the motion. A11 were in favor and the motion passed unanimously. CONSIDER RESOLUTION Consider Resolution endorsing funding and support of the Criminal Justice Center, Sam Houston State University by the Texas Legislature and Governor's Office. Mayor Monday then presented this Resolution, the caption of which is as follows: RESOLUTION NO. 87 -4 - A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS. IN SUPPORT OF RETAINING THE SPECIAL ITEM APPROPRIATION TO TEXAS COLLEGES AND UNIVERSITIES Mayor Monday noted program is vital to the Huntsville economy since the Center includes 42 full time profes- sional and staff members, and annually attracts more than a thousand academic majors and 18,000 professionals who participate in continuing education and training programs. She said in light of the state's current crisis in corrections, elimination or reduction of these programs is deemed short - sighted at a time when there is a critical demand for well- educated and well- trained persons to work in the field of justice. She said this resolution resolves to go on record as strongly supporting the continuation of the programs made possible by the Criminal Justice Center in Huntsville and it further solicits the continued support of Representative Hightower and Senator Caperton to continue their efforts to retain the special item appropriation in the state's budget. She recommended its approval. Councilmember Green made the motion to approve of Resolution No. 87 -4 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Martin Luther King Neighborhood Center (Emancipation Park Building) Mayor Monday advised the Progessive Women's Association is interested in adopting this building as far as making improvements to it. She said she and Mr. Pipes vent with the leadership in this group to review the building for improvements. She said the Progressive Women's Association would like to enter into a program of raising funds to begin making renovations to the interior of that building. She said until ve can secure tie building, she would not recommend making any improvements. She said it has a long history of being broken into through both windows and doors and that is why the windows were covered over during the last city renovation. She said the doors are constantly being pried open. She suggested the idea of putting alarms on those doors so that it can be made more secure --if we then feel that will resolve the break -in problem, ve could then move toward making improvements. She has asked Mr. Pipes to look at this alarm system and to report back. She said she is delighted that the Progressive Women's Association wants to do this and she hopes to make it possible for them to move ahead with their plans. Economic Development Meeting - -2000 Committee of the East Texas Chamber of Commerce Mayor Monday said she attended this meeting last Wednesday at The Woodlands. She said Dr. Samuels of SHSU has assisted her in writing a regional approach paper called Economic Development. He provided that to her and she then wrote a position paper on implementation of some of those ideas. She said each member of Council vas provided a copy of this last week. She said seven reports were received last Wednesday from vario professionals throughout East Texas. She said the reports are located in the City Secretary's office. She said the President of the University of Houston, Dr. Thomas Stauffer, will be compiling those reports into one document for review. She said if it is approved, it will serve as a position paper for considerable action fr many different levels. She said the final draft will be shared with the Council as moan as available. Solid Waste Meeting Mayor Monday said this committee met last week. She felt that by next week's work session, we'll have a session on solid waste negotiations and will review all the aspects and what this committee envisions with the Council to close any informational gaps that may exist. Frank Dobbs, Filmmaker- -Lunch on Frank Dobbs Day - -April 23, 1987 Mayor Monday advised the Council that she proclaimed a day in honor of Frank Dobbs. the filmmaker. She then read a letter of appreciation from him. SHSU Old Main Time Capsule Mayor Monday advised a list of the current city officials will be sealed in a time capsule tomorrow. The time capsule will be opened in 100 years. SHSU Recruitment Effort on Saturday Mayor Monday thanked those members of Council and staff who gave of their personal time to meet students on Saturday as a part of the Sam's Special Stars recruitment program. She said the feedback has been great. COUNCIL ACTION Sam's Special Stars -- Councilmember Green commended the Mayor for her many fine efforts in this regard. Old Houston Road Residents' Concern -- Councilmember Bell noted Mr. John Meadors 1s in the room and reminded the Council of his concern for the development of the trailer park in his neighborhood. Mayor Monday said a works session will be held to discuss that situation and all of the residents will be notified. Real Estate Concepts Work Session Councilmember Carter asked for a work session to review whatever negotiatio have already been held with this group so that it can be tied in with the tax abatement policy that we're going to talk about. He felt the council needed an update. SHSU Student Taken on Tour-- Councilmember Carter exp d his appreciation for Johnny Poteete, Director of Public Works for taking one of his students from El Salvador on tour of the landfill. He said it was a valuable experience for her as her country'• experience with the disposal of solid waste is not at all like it is bore_ Be felt it wail an enlightening experience for h__ .. • Pineview Park -- Councilmember Carter passed on commendations from Jack Epps about the progress being made In the development of Pinevlev Park in that it is turning into a beautiful area. He commended Mr. Poteete for hie efforts in that regard as yell. MEDIA INQUIRIES Mr. J. D. Dickenson of "N' asked questions for clarification germane to the situation that exists on the corner of 12th Street and Avenue J as it involves the newly released inmates and the competing busi in that area and the contract the city proposes for an off —duty officer; and a clarification on the streets at Elkins Lake. Kathy Fair of the Huntsville Item alao asked questions germane to the officer to be funded by J. D. Davis and Jerry Anglin to patrol activities in the area of their stores and the chemical to be used for the brown water treatment for clarification. Mr. Bill Shoening of 'SAM asked about the costs associated with this contracted off —duty officer. which costa were not yet known; and questions about the Ravenvood Project for clarification. ADJOURNMENT tfully s y- to uth DeS av, icy Secretary April 28, 1987