MIN CC 05/05/1987(NOTES OF THE HUNTSVILLE CITY COUNJI. MEETING HELD ON THE 5 A " + IN THE CITY HALL COUNCIL MAMBOS
.00ATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY , EYAS AT 6:45 P.M.
The Council met in regular session with the following members' present:
Jane Monday, Mayor City officers present:
0. Eugene Barrett Gene Pipes, City Manager
Gary Bell Scott Bounds, City Attorney
Jim Carter Ruth DeShaw, City Secretary
Ila G. Gaines
William B. Green
William L. Hammock
Percy Howard, Jr.
William H. Knotts, Jr.
ATTENDING CITIZENS
Mr. Ronnie Rhodes, Huntsville Family YMCA
Mr. Rhodes advised the Council of the 1987 sustaining campaign drive for the Huntsville Family YMCA. He
said it will be a two week campaign in which the goal will be to raise $30,000 for the sustaining operations of
the Huntsville Family YMCA and for future program growth. He said the kick -off will be Monday, May 11 at 6:45
A.M. at the Huntsville National Bank Pine Room. He invited the council to join them for that kick -off. He
then passed out personal invitations to the Council and Mayor.
Mr. Bill Nash, Charter Commission Chairman for convention center tourism commission
Mr. Nash said he serves as Chairman of a new committee appointed by the Council last week, along with
Bill Hodges and Peggy McAdams, to investigate the setting up of a tourism commission in connection with the
proposed new convention center. Mr. Nash said he is asking for three things of the Council, the first of which
is needed immediately, and the other two are contingent on the granting of the first thing. He said he needs
for the Council to pass an ordinance that will establish the three percent (3 %) hotel -motel occupancy tax that
was provided by the legislature for cities to do for the purpose of building, operating or promoting a conven-
tion center, conference center, or a facility of that nature. He said in all the discussions of plans -aver
the years for such a facility, it has been realized there needed to be a base of money available for that. jt
He said the City of- Houston initiated and got the legislature to pass this particular provision that provided
for this tax so that funds could be available for this specific purpose. He said most other cities have passes
that ordinance and we in Huntsville have paid that extra 3% when we travel to other cities, especially in Austin
and Houston, etc. He said if we are to get, at any time, a convention /conference center, it will be necessary'
to have that tax. Mr. Nash said this additional tax is necessary if we are ever to have any type of conference
center in the future irregardless of what this particular commission may be able to accomplish in this particu-
lar instance. He said he would ask that the City take the funds that would come to the City from this tax and
place them in an escrow account that can be utilized in the development and promotion and in accordance with
the legislation that sets up the procedure to benefit the acquisition of a conference /convention center.
He said this is his request for tonight.
The Council was advised Mr. Nash will be back at a later date to ask approval of a contractual agreement
between the City and this commission established by the Council last week on which he serves which will provide
that this entit will su.ervise and mane those funds as the are used in the development and aeration of
conference center. He said his Commission is now working towards getting that entity established as a non-
profit, tax- exempt organization. He said an attorney is currently working with them on this. He said be asked
Scott Bounds, City Attorney, to sit in on their meetings and be has been doing that and he hoped he would con-
tinue to do that and then also prepare the contract that will exist between the city and this entity to protect
the city's interests. He said this will be the second thing he will need.
The third thing needed, he said, is in realization that the tax funds he is asking the council to provide
for cannot be collected for some five months because they are quarterly funds as they now exist (and the
council may wish to consider collecting them on a shorter period of time if that is possible by law) and the
next quarter will be next fall some time, and because the activities need to be ongoing using legal and secre-
tarial services, copying needs as well as transportation costs (to visit similar operations to observe manage-
ment and operation skills, architectural development of those facilities, etc.), he will be asking for a loam
from the City of Huntsville to apply against that tax when those funds do come to the city so that the Commis-
sion can have some expense money on which to operate this entity so that it can be as effective as possible.
Councilmember Barrett thanked Mr. Nash and his committee for giving their time as he knows it is very
time consuming. He said he appreciates his accepting this responsibility. Mayor Monday noted she will keep
Mr. Nash advised as to when the first request will be on the agenda for consideration.
FORMAL SESSION
Mayor Monday then called the meeting to order. Pastor W. L. Mott of Life Tabernacle United Church pre- 11
sented the invocation.
CONSIDER THE MINUTES
Councilmember Bell asked that the acceptance of the minutes of the April 28, 1987 meeting be delayed
until next week in order to give the Council time to read them since they were just presented this evening.
Mayor Monday agreed to delay their approval until May 12, 1987.
THE CROSSWALK REQUEST OF LAST WEEK
Mayor Monday asked Mr. Pipes for an update on Ms. Donohoo's request of last week for crosswalks across
Avenue H to SHSU. Mr. Pipes indicated he will be in touch with University officials in the coming weeks to
work towards the installation of those crosswalks before the fall semester begins.
CONSIDER FUNDS FOR H.A.D.A.P.
Consider a budget synopsis and a request for $5,000 additional funds through a contract for services with
Huntsville Alcohol and Drug Abuse (H.A.D.A.P.), as presented by Nancy Burns, Director.
Mr. Gene Pipes, City Manager, presented the 1987 budget of HADAP which indicates income of $41,665 and
an expense category totaling $45,066.00. Mr. Pipes advised the city's income from the mixed drink tax vas
budgeted to be $24,000 for 1986 -1987, but because of the change in the drinking age, mandated by the
Legislature last year, the current collections total only 89,000, which puts the City about $6,000 below budget
and the budget was reduced by 86,000 from the previous year already. He said the net effect of this is that
we are falling $12,000 short of the_revenue fro* that particular fund category. He said in terms of the city's
general fund difficulties (shortfalls in sales tax and other revenue categorise), it is extremely hart to
predict any surplus in funds or any source of funds that might be available for this purpose. He said at add -
year we made no budget adjustments or re- allocations of funds but rather accumulated all those into a carry
forward so that if we .do continue our slump in sales tax and other types of revenue, that we will be able to
start off our next budget year in approximately the same position as at the start of the past several years.
Mr. Pipes said he is very reluctant to recommend that funds are available, although we do have a reserve for
future allocation. In light of our traditional $200,000 carry forward to start the year, he said, having
$150,000 as our total at this point does not look very promising.
Councilmember Bell felt this is an important program, they will have a $4.000 shortfall if we don't help
them, and our city judge refers people to them, and he would personally like to see the money found somehow.
Councilmembers Hammock and Knotts agreed with Councilmember Bell. Councilmember Barrett said we may mot be
able to give them the full amount ($5,000), but we could perhaps give them some. He understood the city's
financial position and the fact that we are short everywhere. He said this hesitancy, however. does mt reflec
upon the program as it is one of the most worthwhile things being done. He too felt we should try to find some
funds for the program, if not in the entire amount requested. Councilmember Carter asked if we licit treatment
to people within a certain geographical jurisdiction, since we are talking about spending City tax dollars. Be
asked to what extent does HADAP treat people from outside Huntsville.
Gene Pipes, City Manager, said the city funds this program by a contract for services and in the past
this was done in the amount of $5,000 for those referrals from the City of Huntsville. He said he is mot sae
how many referrals we have had to this point and what proportionate share of their normal case load is the
city's. He said the city's money is supposed to only go for client referrals contracted for under the
jurisdiction and supervision of the City of Huntsville and this is the only legitimate way we can participate
in this type of activity (through a contract for service). Mr. Pipes said he does not have an accounting of
exactly how many referrals are at what cost.
Mayor Monday noted we did already fund this program for $5,000 and this is a second request for $5,000.
She said the information Mr. Pipes mentioned that we don't have could be very valuable to us. She asked that
this information be provided to the Council by next week as to how many referrals there have been from the
City of Huntsville and ration that against the number of clients and the budget and this will give us a better
feel for what we are actually contracting for and what the dollars are being asked to do, and how that compares
to that of the HISD and the hospital district.
CONSIDER CONCRETE
Consider bid 87 -27 for 15,000 tons of hotmix asphaltic concrete for use in the capital street construction
project to Pavers Supply as low bidder, and Young Brothers if other supplier cannot deliver, to be paid frog
CIP (street) funds
Mr. Gene Pipes, City Manager, presented this bid and the staff's recommendation to accept the lowest bid
meeting specifications which was submitted by Pavers Supply. It was noted the specifications used are the
same as used by the Texas Department of Highways and Public Transportation. For the purpose of determining low
bidder on materials, the city adds 12C per mile to the ton base price from the producer's plant to the City
service center yard. The city also bids the option to deliver materials to the job site. It was noted the
prices are for a 12 month period of tine if there 1s not a price increase. It was noted the asphalt will be
purchased in various quantities as the streets are ready for resurfacing and that three types of asphalt are
used according to type of street construction and traffic flows and load conditions (Type B. Type D and Type D
Modified).
After a good deal of discussion about how the specifications vere presented and the way the low bid was
calculated, Councilmember Barrett made the motion to approve the low bid of Pavers Supply for 15,000 toms of
hotmix asphaltic concrete and Young Brothers if the other supplier cannot deliver, and Councilmember Gaines
seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER JAWS OF LIFE
Consider bid 87 -28 for a hydraulic rescue tool (Jaws of Life) for the Fire Department to Neel Associates, it the
amount of $13,850 from budgeted and transferred funds
Gene Pipes, City Manager, indicated the new rescue tool will be used in conjunction with the old tool vkicz
is 14 years old. He then presented the staff's recommendation to accept the bid from Neel Associates, the Daly
distributor in Texas for this type of rescue tool. Mr. Pipes said funds are budgeted in the amount of 813,000
and a budget transfer will be needed for $850 from the Fire Department. Councilmember Howard made the notice
to accept this bid as outlined and Councilmember Barrett seconded the motion. All were in favor and the motion
passed vmetmously.
CONSIDER LIFT STATION PROJECT
Consider bids on project 87 -11 -4, Club Lake Lift Station Project to Brazos Valley Utilities, in the aacmt
of $60,000 to be paid from CIP (utility) funds
Mr. Pipes recommended awarding the bid to Brazos Valley Utilities in the amount of $60,000. He ad-risee
it is one of our capital improvement projects for the year. He said there were four other very competitive
bids received. Councilmember Knotts made the motion to approve of this bid and Councilmember Hammock saconcec
the motion. All were in favor and the motion passed unanimously.
CONSIDER C.O.
Consider ordinance approving claim and delivery of certificates of obligation for a front loading garbage
truck in the amount of $96.495 at 6.11 over a four year term.
Mayor Monday asked that this ordinance be held over because the truck has not yet been delivered, accord-
ing to information from Mr. Gene Pipes, City Manager.
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;CONSIDER LANDFILL COMINGS
Consider award of a professional services contract to Pickett i Jacobs, Inc. for the coring. and analysis of
the soil on the 45-acre expansion of the landfill site in the amount not to exceed =27,500 to be paid from
capital reserve sanitation funds
Mr. Pipes advised the Council, in explanation of this item, of the joint efforts to enter into a solid vast*
disposal plan with the County of Walker, as is being reviewed by members of the Solid Waste Steering Committee.
He said this group has been meeting for about a year now to look at all the various waste disposal techniques
and information available on dlaposal systems. He said this committee has determined there is a long range and
• short range approach to the problem, with the abort range being to expand the present landfilling operations
from the existing pit into the remaining 45 acre site near the airport. He said the Council has authorized the
removal of the timber to make way for the necessary coring of the soil. He said these costs are being funded
from the capital reserve in the sanitation fund which have accumulated over the last couple of years from the
user's fees. He said the committee advocates proceeding on a user fee basis as it is the most equitable approach
to a county wide solution. He said Walker County expects to be able to mandate collection services and arrange
for some sort of permit-king system whereby the rural areas are serviced by a collection service and the funds
derived from that would be paid at the landfill for dlaposal costs. He said the capital reserve sanitation fund
would then be - replenished as users of the landfill pick up through the efforts of Walker County and our local
residents. He said the capital reserve fund is at approximately $50,000 at the present time. He said we can't
go forward on the new site without this coring analysis /geotechnical testing /investigation work.
He said Pickett 6 Jacobs, Inc. and Soil Mechanics of Bryan have been reviewed, however, Soil Mechanics uses
a vet -bore process which is very effective in extracting the soils necessary for analysis, but also loaves water
in the hole. He said one of our criteria for evaluating this site is the presence of ground water, so we wanted
a dry bore technique to avoid self- induced water in the hole. He said Pickett 6 Jacobs, Inc. will do the dry -
bore method. He said 627,500 is the top end of what it will cost. The city has experience with this firm and
he then recommended approving the bid. Councilmember Gaines asked what Plan 2 is if this site is not acceptable.
Mr. Pipes said Plan 2 will be to limit the use of the remaining property in the present fill area and stretch
that out as long as possible and then either find another site or get into some other method of disposal.
Mr. Pipes said it may be that only a portion of this new site can be used.
Councilmember Barrett made the motion to approve the bid of Pickett & Jacobs, Inc. for the corings and
analysis of the soil on the 45 acre expansion of the landfill site in the amount not to exceed $27,500 to be
paid from capital reserve sanitation funds and Councilmember Green seconded the motion. All were in favor and
the motion passed unanimously.
Mayor Monday advised the Council the Solid. Waste Committee is hoping Mr. Bounds will be able to draw up
a contractual arrangement with Walker County as a tentative draft for discussion in our next committee meeting.
As soon as it is reviewed and refined, it will be brought back to the Council and Commissioner's Court for a
review. This contract will provide for the joint garbage disposal arrangement.
CITY MANAGER'S REPORT
Consider a cost analysis and report on left turn signalization at llth Street and Normal Park intersection,
as requested
Mr. Pipes advised the Council that in response to Mr. James Dix's request of last week for a left hand
turn signal on the signal installation at llth Street and Normal Park. he has a cost estimate prepared for parts
and materials and labor in the amount of 61,370.66. He said this will add left turn arrows on the llth Street
sides only at the intersection of Normal Park. Some 6654.50 of this amount is for parts and materials, which
was not budgeted and will have to be funded from another source.
Mr. Pipes also noted Mr. Dix expressed concern for speeders on Normal Park. Mr. Pipes suggested that
while radar enforcement has been increased in that area, he would suggest a three way stop sign installation,
on a trial basis as authorized by the City Manager, for the intersection of Crosstimbers and Normal Park, so as
to slow down those who may pick up too such speed while driving on Normal Park.
Councilmember Barrett made the motion to approve the expenditure of 61,370.66 for the left turn signaliza-
tion at 11th Street and Normal Park intersection and Councilmember Howard seconded the motion. All were in
favor and the motion passed unanimously. Mr. Pipes said the SDHPT has agreed to this new installation ahead[.
Mayor Monday asked if the Council would concur with a trial installation for a period of S+0 days for the
three way stop installation at Crosstimbers and Normal Park. The Council indicated their consensus to try to
three way stop signs on a trial basis.
Councilmember Knotty suggested the installation of a "Dead End" sign on Robinson Way to keep some of the
traffic from having to circle around his neighborhood. Councilmember Barrett reported a dangerous left hand
turn in front of the Chamber of Commerce and that something should be done about that too. (Referred to workakp
Consider authorization for the City Manager to contract for the clearing and grubbing (stumps and roots) of the
45 acre landfill expansion area.
Mr. Pipes asked to delay this item because the cost estimates received substantially exceeded the estimates.
He said the staff is looking for other estimates before we can proceed with this project. This item should be
brought back by next week.
Budget Presentation Award Received
Mr. Pipes then presented the plaque for the Council to view, as discussed last week, that was received
for the excellent way our budget was presented, from the Governmental Finance Officers Association.
Cosider utility extension (water) for Charles S. Rose
Mr. Pipes advised Mr. Rose lives out on the end of Simmons Lane just off Fish Hatchery Road. He said this
is a boundary line adjustment because the property does touch the end of Simmons Lane and there has been a water
line available to that particular site for some time. He said this extension involves 300 linear feet of 2 -in.
PVC and the estimated cost is 61450 with the city's share being 6725. He said although he could authorize this
amount, he has always brought utility extensions before the Council for approval. Councilmember Bell made the
motion and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously.
Update on Pending Lawsuit
Scott Bounds, City Attorney, advised the City Council of the City's motion for partial summary judgement
in the Acker lawsuit regarding the subdivision issue. Be said a copy of that motion is available for any of
the members of council to review.
MAYOR'S ACTIVITY REPORT
Superconducting Super Collider- -The Sam Houston Site Proposal
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Mayor Monday noted she attended this press conference in Conroe yesterday. She said the proposal is very 1
interesting and was recently changed to be even more favorable to Walker County. She said the location and
design of the actual circle itself has been changed and in this change the buildings portion of the facility f
and the major construction where the headquarters would be was moved closer to I -45 so it will now have an I -45
address. She felt it will be advantageous to be located on a major thoroughfare. In doing this, she said,
the campus will now fall half in Montgomery County and half in Walker County. She said this then makes SHSU
the closest university and also makes Huntsville as close to it as Conroe and the Woodlands. She said the
proposal was taken to Austin today as all were due in at 5:00 P.M. The Council was advised there may be as
many at 16 proposals going to the state. The Mayor said the proposals will be evaluated over the weekend by
a special commission with a recommendation made by next Wednesday or Thursday. She said there is some contro-
versary on how many sites should be submitted from Texas, one or two or three. She said if the Sam Houston
Site is among those recommended to be sent to the DOE, there will be an intensive effort to put that proposal
in "top flight condition" to be sent to Washington and that deadline is August 1, 1987. She said this will
require intensive work and the City Council will be involved. The Mayor said quality of life and dollars are
two of the main criteria. Mayor Monday said the people of The Woodlands Corporation put this together and they
have $100,000 already into this project, 815.000 being borne by Montgomery County and the rest by The Woodlands.
Corporation. She said they feel very strongly that they are a national contendor. She said the presentation
made at the press conference was very strong and it was amazing how indepth the study was for the ten da_r time
they had to put it together. She said if nothing comes of this effort, the data generated will be beneficial
towards future economic development. Mayor Monday said the project does not require surface easements so
whatever activity is occurring on land can continue, such as cows grazing, etc., but they do have towers
every two or three miles that are used for access to the tunnel and for those there will be some surface ease-
ments. The tunnel will be bored in place so that the surface area will not have to be disturbed. Mayor
Monday said the feeling is that California and Illinois are probably the top national contendors. She said the
press packet on this will be on file with the City Secretary for anyone who wishes to review it.
Budget Planning Session -
Mayor Monday asked that all members of Council leave their summer vacation plans with Ruth DeShaw so that.
Mr. Pipes can set up the budget sessions with all members present. She said we'll be wanting to take a= all
day Saturday session in addition to some Tuesday night sessions.
COUNCIL ACTION
Notice of Press Conference -- Councilmember Carter noted he would appreciate being contacted personally about
things like the SSC press conference because he may want to attend those types of events.
Save Some Trees -- Councilmember Carter said there was an effort on Friday on his part and that of the Mayor 1
and Mr. Pipes to save some trees that were being cleared on the vest side of Normal Park between llth Streel
and 19th Street, which were being removed to make way for a power line. He said there may be some con-
fusion about all that so he is available to discuss it with anyone who wishes clarification. He then
called the Council's attention to an article that vas in today's newspaper written by County Extension Agent
Hugh Epps in which he argues that saving trees from construction damage makes not only good environmental
sense but good economic sense. He said he hopes the Council will take more care and minimize the impact
of construction in our city.
Bayou Vista- -Dub Howse -- Councilmember Knotts referred to last week's minutes germane to Bayou Vista. Me said
he was not aware the Council's silence on this matter meant consent of what Mr. Howse was doing there in
replacing framed structures with modular /mobile type homes. He said he was of the opinion that we bad
exhausted all of our remedies when this was presented, but be didn't intend to okay it by being silent.
He asked for a work shop to address this sort of thing. He said there will be nothing to keep Mr. Rowse
from trading back and forth to frame then modular structures. He said he views this project as a mobile
home park. Mr. Pipes said the current Development Code does not regulate this situation, so the city
was going to allow Mr. Howse to proceed with his plans to change out those units. He brought it to the
Council's attention last week simply for their information should they see that transition taking place.
Mr. Pipes said Mr. Howse is not changing the density or location, but replacing unit for unit with the
modular types. Mr. Pipes said Mr. Knotts pointed out there is no such thing as "grandfathering a site"
but there is such as thing as "grandfathering a structure," in this sort of situation, but the Code does
not speak to this particular point. Councilmember Green asked then what will we have this workshop about.
Mr. Pipes said we have a workshop pending on land use during which we can discuss this matter. Mayor
Monday said what Mr. Rnotts means is that we should look at this situation and see how it relates tc the
Development Code and then discuss whether we think there should be a change in our policy.
Old Houston Road Residents -- Councilmember Bell noted the presence of Mr. and Mrs. Meadors and asked tie Malrr
when the work session would be held on protecting the neighborhoods from incompatible land uses. Mayor
Monday noted the work load for the immediate future looks quite heavy, but the Meadors and others ont there
will be advised by telephone when the work session is scheduled. She said the staff is currenti, gather-
ing information on this.
Planned Communities -- Councilmember Carter advised that in working with the Superconducting Super Coll_der
project, one of the things the promotors have pointed to is the number of planned communities in the
area that makes the Sam Houston Site attractive. He said the Council needs to take that factor into
account when it takes the Development Code under consideration as many people from the outside that want
to bring economic development are looking for communities that are appropriately structured for the=s
enjoyment and quality of life.
MEDIA INQUIRIES
After some general questions germane to clarification of the issues presented tonight, the Council then
adjourned to their work session to discuss tax abatement criteria.
ful y su it d
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