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MIN CC 09/22/1987• MINUTES OF SEPTEMBER 22, 1987 BOOK "0" PAGE 950 'a+nnems MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 22ND DAY OF SEPTEMBER, 1987 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M. The Coincil met in a regular session with the following members present: Jane Monday, Mayor 0. Eugene Barrett Gary Bell Jim Carter Ila G. Gaines William B. Green William L. Hammock Percy Howard, Jr. Member absent: William Knotts City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney Ruth DeShaw, City Secretary ATTENDING CITIZEN San Park, County Commissioner, Precinct 1 Mr. Park came to pledge the county's support to the city as the city and county work together to provide jc_nt communications as well as provisions of services such as EMS, fire service, and other needs. He said the c:-:nty's new auditor, Sharon Homerding, is showing the commissioners how to achieve better budgeting practices w :ch will reduce some of the pressures and tensions concerning their budget, especially in these difficult econ- mi_ times. Mr. Park noted too that the state is giving the county more powers to set fees, such as for the garbage ha_lers. He noted his appreciation of the city council, mayor and staff in putting together the TDC proposal for nev units to be built in this area. Mr. Park expressed the county's concern that there be proper liability insur- amce for city firefighters when they are fighting fires in the county, and while this question is pending, it has ne effect on the city- county fire contract, but it is a question that needs to be addressed. He pledged the county's cooperation as it works with the city to provide services needed in the Walker County area. FORMAL SESSION Mayor Monday then called the meeting to order and Pastor W. T. Mackey of the Church of Christ presented the mutation. CONSIDER THE MINUTES Councilmember Barrett made the motion to approve the city council meeting minutes for the meetings of Septem- ber 8 and September 15, 1987 and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AGREEMENTS Consider an agreement for water, sewer and garbage services with the Elkins Lake Municipal Utility District Mayor Monday then presented this agreement, noting it has been discussed previously and has already been approved by the Board of Directors of the Elkins Lake Municipal Utility District. Councilmember Barrett noted this is a well thought -out contract and represents two and one -half years of review, study and compromise by the members of the ELMUD Board and the Council Committee. He recommended its adoption. Mayor Monday recognized Mr. Glenn Phillips, a member of the ELMUD Board, who was present at the meeting. Mayor Monday felt this contract represents an excellent business decision for the City. She said it is a ten year water contract, it retains the capital debt and the capacity for which the plant was built. She said the contract defines the sewer capacity, the cost responsibility for adding to that capacity should it be necessary. gives us a method of monitoring the utilization of that plant, sets the garbage rate for ten years at 1.25 times the rate paid by customers in the city, provides for proper maintenance and operation of that system that is interlinked with both the distribution of water and sever as well as the city's collection, and it leaves the political options open to be dictated in the future. Councilmember Green made the motion to approve of this contract and Councilmember Barrett seconded the motion. Discussion: Councilmember Green asked what the time table is to have those flow meters installed, noting it is not specified in this contract. Mr. Scott Bounds, City Attorney. noted it is to be done immediately, although not stated in the contract. Mayor Monday noted both entities are anxious to get that done. All were in favor of the contract and it passed unanimously. Consider an interlocal agreement for Fire Protection Services with Walker County Mr. Gene Pipes, City Manager, then presented this contract and reviewed the salient features of it. Council- member Barrett made the motion to approve this contract and Councilmember Howard seconded the motion. Discussion: Councilmember Bell noted, in the interest of retaining the record, he plans to vote against the contract because he considers it to be a subsidization of the county. He said the city provided the capital equipment for which the county does not pay, the city is traveling farther to go to county fires, and finally, city residents are pay- ing double in the sense that they pay county and city taxes to maintain the Fire Department. It is his judgement, he said, that this is not a precisely nor particularly fair contract for city residents. Mayor Monday noted she is very pleased with this contract because it offers the same level of fire protection and the same quality of service, lays the groundwork for long range planning for equipment replacement, and, it is a two year contract wherein in the first year, recognizing the economic climate in the city and county, it brings with it a 101 reduc- tion of operations expenses and then in the second year begins the long range planning for equipment we know we need on an annual basis. She said this contract does two things: it is responsive to the economic environment and yet provides quality service at cost and provides for long range planning. Councilmember Green noted his vote will be in favor, but at the same time, he feels the 5% set aside of the operating budget for equipment replace- ment is probably going to be inadequate in the long term. He said he feels there needs to be some sort of pro- vision, but that can be addressed the next time this contract comes up for discussion. All were in favor of this contract EXCEPT Councilmember Bell, who voted against it for the reasons stated above. The motion, however, passed by a vote of seven to one (please note Councilmember Knotts is absent from this meeting). CONSIDER ORDINANCES Consider Ordinance No. 87 -23 amending Chapter 2, Administration, of the Code of Ordinances, inserting a new Article V. "Communications with Public Utilities, their affiliates and their representatives, with the City and its employees" Mr. Scott Bounds, City Attorney, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -23 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADOPTING A NEW ARTICLE V. COMMUNICATIONS WITH PUBLIC UTILITIES; REGU- LATING COMMUNICATIONS BY PUBLIC UTILITIES, THEIR AFFILIATES AND THEIR REPRESENTATIVES, WITH THE CITY AND ITS EMPLuYasS; AND PROVIDING FOR THE EFFECTIVE DATE. 3 PAGE 951 6OOR "0" MINUTES OF SEPTEMBER 22, 1967 Mr. Bounds noted this ordinance complies with the Public Utilities Regulatory Act (PURA). Councilmember Reward made the motion to adopt Ordinance No. 87 -23 as outlined and Councilmember Hammock seconded the motion. Discus- sion: Councilaember Carter noted in reviewing the exempt categories, he still has an interest in finding out about underground utilities in the City. He asked if the city will be getting that information from Gulf States Utilities, and If we want to talk to members of GSU about underground utilities, if that would be included in the need to keep a log, as provided by PURA and this ordinance. Mr. Bounds, City Attorney, noted he would advise ,_that • log be kept for this purpose as well. Mr. Pipes, City Manager, advised Mr. Joel Jeffcote, Manager of CSI' is available and ready to meet with the Council to address the availability of underground utilities on Avenue C. He said the Council should set a time to meet with Mr. Jeffcote. All were in favor of the motion on the floor to adopt Ordinance No. 87 -23 and it passed unanimously. Consider Ordinance No. 87 -24 fixing the tax rate and levying taxes for Fiscal Year 1987 -1988 upon property withi-. the City and subject to taxation at 80.52 for each 1100 of assessed valuation Mr. Gene Pipes, City Manager, presented this ordinance, as captioned below, and noted this is the fourth consecutive year that the City has set a tax rate that shows no net effective increase. ORDINANCE NO. 87 -24 AN ORDINANCE FIXING THE TAX RATE AND LEVYING TAXES FOR THE C1TY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. The ordinance provides that 37c of the 52c be used for general fund operations and 15c be used for debt service for payment of bonded indebtedness. Councilmember Barrett made the motion to adopt Ordinance No. 87 -24 and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance No. 87 -25 adopting and amending the "schedule of fees" in compliance with the Development Code. Mr. Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING AND AMENDING ITS "SCHEDULE OF FEES," AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Mr. Scott Bounds, City Attorney, pointed out some typographical errors in the prepared information which the i. Council. noted. Mayor Monday asked for a motion to adopt this ordinance as amended by the City Attorney. i Councilmember Gaines made the motion to adopt Ordinance No. 87 -25 and Councilmember Barrett seconded the motion All were in favor and the motion passed unanimously. Consider Ordinance No. 87 -26 amending Chapter 17, Water and Sewer of the Code of Ordinances by decreasing certain outside city utility charges. Mr. Gene Pipes, City Manager, noted this ordinance provides that the same utility charges will be assessed for those residential and commercial users outside the city as are being charged in the city (previously those outside the city were charged double the rate). The other change 1s that institutional users are now defined as I' those persons who use five percent or more of the total water sold by the city (TDC and SHSU). Councilmember !' Green made the motion to approve Ordinance No. 87 -26 and Councilmember Gaines seconded the motion. All were jp favor and the motion passed unanimously. The caption of this ordinance is as follows: ORDINANCE NO. 87 -26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ARTICLE VII, RATES, OF CHAPTER 9, GARBAGE, REFUSE AND RUBBISH, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, ALTERING THE RATES FOR REFUSE COLLECTED BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Consider Ordinance No. 87 -27 amending Chapter 9, Article VII, Sanitation Rates collected by the City Mr. Gene Pipes, City Manager, advised it is necessary for the City to raise the disposal rates at the land - fill by 25c, or 11.25 per loose cubic yard (from the former $1.00 per loose cubic yard), to -114lp pay for expand- ing the landfill and to finance future plans for solid waste disposal solutions. He then presented a revised ordinance, incorporating this basic change in to all the rate structures, the caption of which is as follows: ORDINANCE N0. 87 -27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ARTICLE VII, RATES, OF CHAPTER 9, GARBAGE, REFUSE AND RUBBISH, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, ALTERING THE RATES FOR REFUSE COLLECTED BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilmember Hammock made the motion to adopt Ordinance No. 87 -27 and Councilmember Gaines seconded the motion. Discussion: Councilmember Bell noted one of the reasons we are having to go up on these fees is to starting bui:' - -- ing a capital reserve for • future incinerator waste disposal system. Mr. Pipes said this is the only increase in rates, taxes, etc. this fiscal year. Patricia Allen, Director of Finance, advised the new rates will generate $100,000 and 1175,000 is coming out of the already existing reserve and there will be a balance of approximately $150.000 at the end of this year. She said to continue with the expansion of the landfill will require either a rate increase next year or use of those reserve funds. Mayor Monday noted if TDC does accept our site pr =pe- sals. we will move immediately into a study on the incinerator incentive with TDC to get us closer to our perma =- ent decision. Mr. Pipes reiterated we will have to increase solid waste disposal costs almost every year fcr t =e next several in order to get to the point where we can make that ultimate determination. He said we'll have to either move into a new permanent landfill site in the next seven years or we will have to arrive at a permanent disposal site in a timely fashion. Councilmember Carter requested a series of workshops on solid waste for the council as a whole to discuss the various alternatives and not just incineration as the only possible solution. Mayor Monday noted those are envisioned perhaps in November. Mr. Pipes noted he will get • copy of the March, 1986 Final Report on Solid Waste Disposal, done by Engineering- Science, to each of the newest members of the Councll(ae they may not have had a chance to review that study) prior to the workshops. All were in favor of the Ordinance and it passed unanimously. Consider Ordinance Ho. 87 -28 approving and adopting the budget for FY 87 -88. Mr. Gene Pipes, City Manager, then presented the budget for approval. which totals $14,915.641, of which 15,846,880 1s for general fund, $594,316 is for General Debt Service Fund. 15,926,400 is for the Water and Sewer Fund, 12.031,000 is for the Sanitation Fund and $517,045 is for the Design Engineering Fund. • MINUTES OF SEPTEMBER 22, 1967 BOOK "0" PAGE 952 caption of this ordinance to as follows: ORDINANCE N0. 87 -28 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1988; PROVIDING FOR AN EFFECTIVE DATE HEREOF. Councilmember Barrett made the motion to approve of Ordinance No. 87 -28 and Councilmember Gaines seconded the motion. Discussion: Councilmember Bell noted this budget does not include salary increases for the employees or the charter officers. He said it was his personal opinion that this cannot continue too much longer. He noted we achieved this budget with no tax increase, in some sense, at the cost of salaries to the employees. All were in favor and the motion passed unanimously. CONSIDERBACKHOE /LOADER Consider bid 87- 35-- backhoe /loader for the capital utility construction crew to Preco Machinery in the amount of 926,735.10, as approved for purchase in the Fiscal Year 1987 -88 budget. Mr. Gene Pipes, City Manager, noted delivery time on this equipment will be long, so permission is granted to award the bid and get the equipment ordered, even though it will not be paid out of this year's funds. He said this is a diesel powered loader backhoe for the water distribution division. He noted this will be an addi- tional backhoe to be used by the capital project crew and maintenance crews. He recommended awarding the bid to Preco Machinery for 926,735.10, the lowest of the three bids received, to be paid from budgeted funds of 930,000 in account 22 -62 -6902 in FY 1987 -88 budget. Councilmember Green made the motion to award this bid as described and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ONE TON TRUCK Consider bid 87 -36- -one ton trufW` for replacement for the sewer division in the amount of 914,008 to Moore Henry Motors, as approved for purchase in FY 87 -88 budget The Council was advised that this purchase is also scheduled to be paid for in the next fiscal year, but was ordered in advance. He noted this truck will be used in the sever division as a replacement vehicle. He then recommended acceptance of the low bid meeting specifications submitted by Moore Henry Motors in the amount of $14,008 (note two other bids were received - -all local) to be paid from funds in the amount of 915,000 in account 22 -63 -6904 in the FY 1976 -88 budget. Councilmember Gaines made the motion to approve of this bid as described above and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCES Consider ordinance No. 87 -29 requiring detailed trench construction plans and amending the building code regard- ing trench construction to comply with the new state law provisions The City Manager, Gene Pipes, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -29 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, REQUIRING DETAILED TRENCH CONSTRUCTION PLANS; AMENDING THE BUILDING CODE REGARDING TRENCH CONSTRUCTION; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO He advised that a new law, Tex.Rev.Civ.Stat. art. 1015q §§ 1, 2; H.B. No. 665 requires all bid specifications for contracts involving trench excavation must, after September 1, specifically include: 1) detailed plans and specifications for trench safety systems that meet OSHA standards; 2) a pay item for safety systems for trenches over 5 feet deep; 3) a requirement that the contractor comply with municipal building codes; and, that the City amend its building code to include the bid document and contract requirements, according to Scott Bounds, City Attorney. Councilmember Carter made the motion to adopt Ordinance No. 87 -29 as described above and Councilmember Howard seconded the motion. Discussion: All were in favor and the motion passed unanimously. Consider Ordinance No. 87 -30 altering the boundaries of the downtown district (fire district). Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE N0. 87 -30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ALTERING THE BOUNDARIES OF THE DOWNTOWN DISTRICT (FIRE DISTRICT); AND MAKING OTHER PROVISIONS RELATED THERETO Councilmember Green made the motion to adopt Ordinance No. 87 -30 and Councilmember Barrett seconded the motion. Discussion: Councilmember Green asked why this is being done. Mr. Pipes advised several years ago there was an ff expansion of a building front on 15th Street that got within 25 feet of the curb line (Dr. Tom Cole's property) and created a set -back problem; yet buildings on both sides of it were already within 25 feet because of some historical precedent. He said several other similar problems have occurred. He said the downtown fire district as it is now defined, is the amount of building coverage on a two, contiguous square block area. He said this 1 has nothiug to do with zero lot line, off street parking, or the other things generally associated with it. He said the problem with it is that the type of activity ongoing on University Avenue between 13th or 14th Street and 16th Street runs counter to the letter and intent of the fire district regulations. He said one can't restore old historical buildings with fireproof materials and have them historically accurate. He said the additional cost and the credibility of that type of restoration is severely encumbered by the nature and intent of the downtown fire district. He said the city is simply trying to alleviate the problems and conflicts it has had for a very long time and redraw the boundaries back to their original scope and scale. Councilmember ji Green noted be has a bit of a problem with this because what we are doing now 1a exactly what we did when we changed it in the first place - -a problem arose and we adjusted the lines to relieve the problem; now a new It problem arises and we adjust the lines back to deal with that problem. Mayor Monday noted it appears that way, - but a lot of the associated areas that were originally a part of this are spoken to now as a part of the total, so that even though we are moving this back to the original intent, the areas that we had concerns about are still addressed. Councilmember Carter noted he is for this ordinance because the activity taking place in that area is something that is adding and contributing to the city as • tourist attraction in the long run and making the city somewhat unique by comparison to other places. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT Page 953 Minutes of September 22. 1987 City Council Meeting CITY MANAGER'S REPORT Consider purchase of a "super" Xerox machine for the Design Engineering Department from the capital street bond project funds from First National Bank (a repossessed machine) from C.I.P. Funds of Design Engineering ($6,000) Mr. Pipes, City Manager, noted this machine will produce large maps and charts and will not fade or yellow like the maps and charts on blue -line paper. He noted when we put the time, energy and effort into ■ report of great magnitude, it is not good to have those charts or maps fade in just a short time. He asked the Council's permission to submit a sealed bid to the First National Bank for this repossessed machine by either setting a maximum figure for him, or adjourning into executive session to arrive at a bid price themselves for him to submit. He said the monetary limit he could offer, as city manager, is $1,000, and to offer more than that will require Council approval. Mr. Bounds, City Attorney, noted the value of a new machine such as this is $4,000. Councilmember Barrett made the motion to give the City Manager the authorization to submit a sealed bid for this machine not to exceed $4,000 and Councilmember Gaines seconded the motion. Mayor Monday and Councilmember Hammock advised they have a conflict of interest in this matter and will complete the appropriate affidavits anc abstain from voting. Mayor Pro tem Howard then presided over this matter. Mr. Pipes advised the machine is one year old and makes copies 8} X 11 inches wide up to 36" wide (map width) on paper as long as one can physi- cally run through the machine; gives less distortion than the blue -line machine; will take a blue -line copy and burn a mylar original for permanent records - -a capability we now do not have. He noted it will be under a service contract which will perhaps cost an additional $500 a year. There being no other discussion, Mayor Pro tem Howard asked for a vote on the motion. Councilmembers Bell, Gaines, Barrett and Mayor Pro tem Howard voted for the motion; Councilmember Hammock and Mayor Monday abstained, and Councilmembers Green and Carter voted no (note: Councilmember Knotts is absent). The motion, therefore, passed by a vote of four to two. City Picnic and Awards Program Mr. Pipes advised the City Picnic will be held at the Fairgrounds on October 24, beginning at 12:00 Noon. General Revenue Sharing Court Case Mr. Pipes advised the Texas Municipal League has advised that as a result of this case, cities should not expect to receive any general revenue sharing funds supplemental in the near future. He said they further advise that while it is very likely that cities will be receiving some supplemental general revenue sharing funds, there is no way to predict what it will be or when. MAYOR'S REPORT Planning Commission Appointments Mayor Monday then presented the nominations for positions on the Planning Commission for the Council's approval, as follows: J. D. Schindler -a reappointment, and Grady Manis to replace outgoing member, Sue Martin. She noted J. D. Schindler is owner of Schindler Sporting Goods and currently serving as Chairman of the Planning Commission and Mr. Grady Manis is the Regional Director of the Trinity River Authority -- Southern Division. Councilmember Barrett made the motion to approve of these two nominations and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Proposal to the Texas Department of Corrections for Construction of New Units in Huntsville /Walker County Mayor Monday presented for all to review, a copy of the three part proposal recently submitted to the Texas Department of Corrections by the City of Huntsville, Walker County, Chamber of Commerce, Walker County Economic Development Corporation and the Huntsville Independent School District. She noted it proposes a maximum prison unit at Ellis and one each 1,250 reintegration units at Goree and the Wynne Units. She then expressed her thanks to all those who helped put together this proposal. Texas Municipal League Mayor Monday reminded the Council of the annual. TML Meeting to be held in Fort Worth on October 8 -10, 198 ". Citizen's Request for Answers to Questions on the YMCA's Utilitization of the City Pool -�s Mayor Monday noted the City Attorney, Scott Bounds, will have answers to the questions raised on this subject to report to the Council on October 6. COUNCIL ACTION TDC Proposal -- Councilmember Carter noted, that while he is appreciative of all of the efforts to develop this proposal, similar to the efforts on the SSC project (Super Collider), he would prefer, in the future. that the City Council as a whole would be involved at an earlier stage so that when the proposal is put together, the Council learns about it before the final pages are being stapled. He noted while the TDC proposal is a good package, it reflects very little of the Council's thinking as a whole. MEDIA QUESTIONS E Contract as it relates to water rates Kathy Fair of the Huntsville Ite■ asked if all subdivisions outside the city limits on city water will now no longer have to pay double rates as a result of the contract negotiations on the Elkins Lake M.O.D. services. Mr. Pipes said this is true as all residential customers in the city and county will pay the same eater rates. He noted the estimated lost revenue annually because of this change is $120,000. It was noted very little of that will be made uy fu the increased sewer rates at Elkins Lake because the rates to be paid will be very near the current contribution to one - fourth of the cost of operations and maintenance of the south plant. He said the difference will be made up in the capital construction. He noted the Elkins Lake and Westridge contracts are similar in that they both maintain their own rater systems and pay for their repairs, each of which com- prises the majority of water customers outside the city limits. Willow Street Paving Project Bill Sboening of KW asked for the status of the Willow Street paving project. Mr. Pipes noted there is one property owner who has not given the necessary easements. He said letters of credit from the seven participants need to be extended for six months from October 6, 1987 and all easements must be signed by October 6, or be will recommend to the Council that this project be dropped and the money reallocated to another project. Be advised there 1• no longer enough time to complete this project before the winter months set in so it will have to be done in the spring. if et all.