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MIN CC 12/08/1987MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD CM THE 8TM DAY OF DECEMBER,' 1 %7 IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:30 P.M. The Council met in a regular session with the following members present: Jane Nondsy, Mayor 0. Eugene Barrett Gary Dell Jim Carter Ile G. Gaines William B. Green Percy Howard, Jr. Bill Knotts Member absent: William L. Hammock City Officers Present: Gene Pips, City Manager Scott buds, City Attorney Ruth Whew, City Secretary EXECUTIVE SESSION The Council convened in regular session at 5:30 P.M. and then recessed into an Executive Session to discuss pending litigation, to-wit: Kathy Johnson et. al. Vs. City of Huntsville; Dale Schaper Vs. City of Huntsville; and C. M. JZ June Acker Vs. City of Huntsville, et al. There was no formal action taken in this Executive Session. The executive session terminated at 8:23 P.N. RECONVENE INTO FORMAL SESSION Mayor Monday then reconvened the City Council into the fonaal session approximately 8:30 P.M. Councilmember and Mayor Pro tem Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Monday then presented the minutes of the previous aeetirnps of November 10, 17, 20 and December 1, 1947 for the Council's approval. Counci lmamber Barrett made the motion to approve all of the minutes as presented and Councilmeaber Gaines seconded the motion. All were in favor of the motion on the floor and it passed unanimously. 1 Consider a request and petition by abutting businesses to limit parking to one hour on the -est side of Sam Houston Avenue from 12th to 13th Streets Mr. Pipes, City Manager, advised the Council of a petition from the following business owners: The Cobbler Shop, Goolsby Drug, World Finance Corporation and the Ad Agency which requested the two hour perking zone on the east side of Sam Houston Avenue between 12th and 13th Streets be changed to a one hour perking time limit in order to discourage courthouse and other business employees from perking in front of their places of business during the business day, and to provide for a turn -over of the traffic in order to make spaces available more frequently for customers to their businesses. Mr. Pipes noted he can authorize this change cn a trial basis and if it works out well, it will be made formal by ordinance at a later date. Councilmenber Gaines made the motion to approve of this perking time zone charge as discussed above and Councilmenber Howard seconded the motion. All were in favor and the motion passed unanimously. Consider Resolution No. 87 -17 transferring the maintenance of birth and death records to Walker County Mr. Pipes advised that the Texas Legislature recently authorized cities residing in county seats to transfer their duties germane to the recording of birth and death records for their city to the county clerk's office in their city in an effort to consolidate and avoid the duplication of efforts. He then presented a resolution to effect this transfer. • MINUTES OF THE DECEMBER 8, 1987 CITY COUNCIL MEETING RESOLUTION NO. 87 -17 BOOK "O" 983 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, CONCURRING WITH THE TRANSFER OF MUNICIPAL FUNCTIONS FOR THE MAINTENANCE OF BIRTH AND DEATH RECORDS TO THE COUNTY, AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO Councilmember Barrett made the motion to adoot Resolution No. 87 -17 and Councilmeaber Gaines seconded the motion. All were in favor and the motion passed unanimously. Consider Bid No. 88-1 for a trailer mounted sewer cleaner for the utilities department to Texas Underground in the smart of 519.480. as budgeted Mr. Gene Pipes, City Manager, then presented the six bids, two of which did not meet specifications. He noted the tow bidder has only been in business for a short period of time. The staff has learned, during its evacuation, that the low bidder has manufactured only three pieces of equipment to -date, two of which are in use and one is a demonstrator in Virginia. Ne said the bidder for Aires Industries of Houston, the conduit for the bid, has not seen the equipment either. He said the city staff has notified the company that .because of that limited experience and having no way to evaluate the equipment itself, that the city will be denying this bid as an inappropriate situation. Mr. Pipes noted the city staff is now recomeending that the third tow bid (second tow bid does not meet specifications), of Texas Underground, Inc. on the "FMC" equipment, in the amount of 519,480, be approved. He noted funds were budgeted in the utilities department in the amount of 518,000. He said the remaining 81,138 can be transferred from the "Reserve for Future Allocations," which fund has a balance of 892,717. Coincilmember Howard made the motion to approve of the bid of Texas Underground. Inc. for the FMC equipment in the amount of 819.480 to be paid as discussed above and Councilmenber Barrett seconded the motion. Discussion: Councilmenber Green expressed his concern that proper procedures be followed in awarding this bid to other than the low bidder. Mr. Pipes said the city has notified this company of its reasons for not awarding the bid to them. He said the low bidder has expressed understanding that since the city has not seen the equipment because they do not have any in Texas, but only in Virginia, it would be difficult to evaluate it. Mr. Bounds, City Attorney, advised the City Council is permitted to reject the lowest bid and award the bid to the lowest responsible bidder because one of the factors the Council call- consider is the experience of the bidder and track record in determining that is the lowest and most responsible bid. Councilmember Bell asked why we need this equipment. Mr. Pipes noted there are places where we have tong stretches of sewer line through unimproved areas where we carrot get the vector truck. He said some of our most frequent stop ups are in the area of 19th Street down through the heavily wooded area to 11th Street by Parker i Park Real Estate Office. After this discussion, the motion passed unanimously. CONSIDER ORDINANCES Consider Ordinance No. 87 -38 authorizing the issuance of an eauioment acquisition certificate of obligation in the amount of 850.490 and award of bid No. 68 -2 for the rear - loading garbage truck for the sanitation (residential) department to Refuse Technology. as budgeted Mr. Gene Pipes, City Manager, advised seven bids were received. He said Refuse Technology has apparently experienced some business problems within the pest week, which has caused them to go out of business. He said the Refuse Technology bid was a bid involving a combination bid, or a partnership bid with the Heil Corporation. He said the City has contacted the Neil Corporation, and they have agreed to honor the entire bid under their auspices as a co- vendor on the bid documents. He said the City has also looked at the two truck models that were bid and because the entire balance of the city's fleet in the garbage department is Ford chassis equipment, a CNC would require additional parts and other requirements to the inventory and stock in order to maintain and service the truck; therefore, the staff is E MINUTES OF THE DECEMBER 8, 1947 CiTY COUNCIL MEETING BOOK NO" recommending the Ford chassis and the Heil body through the Neil Corporation, who has agree to honor the bid in the amount of 550,490. He said because of the trade-in option that the city also bid, he is requesting that the Council reject the $1,500 trade-in offer because there is more value in one or two single parts on the trucks than it would be to get it off the lot and have it as a trade-in. He said the staff is then recommending awarding the bid to Heil Corporation in the amount of $50,490 and approval of the Certificate of Obligation to Neil Corporation for that aunt for the Ford -Heil combination vehicle, without trade -in. Councilmeiber Knotts made the motion to adopt Ordinance No. 87 -38 authorizing the issuance of an eoiuioment acquisition certification of obligation in the amount of $50.490 and Councilmenber Howard seconded the motion. City Attorney, Scott Bounds, noted that everywhere Refuse Technology appears in the certificate of obligation, it should be changed to read The Heil Corporation. All were in favor and the potion passed unanimously. Councilmesnber Green then made the motion to accept the bid from The Neil Corporation for the Ford truck model with the Neit pecker body in the amount of $50.490 and Councilmember Howard seconded the potion. All were in favor and the motion passed unanimously. Consider the quarterly budget adjustments for the last quarter of FY 86 -87 and the requested encumbrances for funds to be carried forward Mr. Gene Pipes, City Manager, presented the budget adjustments for the quarter ended September 30, 1987 along with the requested encumbrances to be carried forward into the new year, as prepared by the Director of Finance, Patricia Allen in a memo dated November 24, 1987. After a review by the City Manager, Councilmember Carter asked that next time totals for each department /division be included along with totals for the entire quarterly budget adjustment for each. He noted it would be helpful for him to have the totals so he can have an idea of the size of the various budgets._ Councilmenber Gaines made the motion to approve of the quarterly budget adjustments and requested encumbrances as presented above and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance No. 87 -39 amending the Code of Ordinances to adopt the Standard Gas Code (1986 Edition) as recommended by the staff. Board c` Adjustments i Appeals. and tradesmen. Mr. Gene Pipes, City Manager, presented the ordinance, the caption of which is follows: ORDINANCE NO.-87-39 AN ORDINANCE OF THE CiTY OF NUNTSVILLE, TEXAS, MENDING ITS CODE OF ORDINANCES TO ADOPT THE STANDARD GAS CODE; REGULATING ALTERATION, REPAIR, RELOCATION AND INSTALLATION OF GAS LINES AND PIPING SYSTEMS; REGULATING INSTALLATION AND OPERATION OF RESIDENTIAL AND COMMERCIAL GAS APPLIANCES AND RELATED ACCESSORIES; PROVIDING A PENALTY OF UP TO $1,000 FOR CERTAIN VIOLATIONS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF Mr. Pipes advised that the plumbers and technicians in this area have been exposed to and ere familiar with this new code and there is widespread acceptance and encouragement for the adoption of this standard code. A major advantage is that the city will be able to purchase additional copies to have available at City Hall and make them available. Councilmeenber Barrett made the motion to approve of Ordinance No. 87 -39. as discussed above and Coencilmember Carter seconded the motion. All were in favor and the motion passed unanimously. MINUTES OF THE DECEMBER 8, 1987 CITY COUNCIL MEETING BOOK "0" 985 Consider Ordinance No. 87 -40 amending Chapter 6. Buildings and Building Regulations. to adopt the Standard Plumbing Code (1985 Edition). es recommended by the staff. Board of Adiustments i Appeals. and craftsmen Mr. Gene Pipes, City Manager, then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MUNTSVILLE, TEXAS, AMENDING CHAPTER 6 B UILDINGS AND BUILDING REGULATIONS; ADOPTING THE STANDARD PLUMBING CODE; PROVIDING FOR INSPECTION AND ENFORCEMENT OF A PLUMBING CODE; PROVIDING A PENALTY OF UP TO $1,000 PER DAY FOR VIOLATION OF PROVISIONS OF THE CODE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF Mr. Pipes said the plumbers and practitioners in this field are apparently well pleased with this code and there ere no material objections. After some discussion for clarification, Councilmember Carter made the motion to adopt Ordinance No. 87 -40 and Councilmeeber Barrett seconded the motion. All were in favor and the motion passed unanimously. Consider an ordinance amending Chapter 17. water and sewers. to provide for a sewer standby charge. Mr. Gene Pipes, City Manager, advised he is withdrawing this ordinance for additional consideration. He noted it provides that every person who owns property within the city to which sewer service is available and within 200 feet and to which no sewer connection has been made shall be charged a sewer standby fee equal to *16.30 per month per lot or tract. He said in relation to our contract with Elkins Lake, this would be a tremendous amount of money and so he feels this section needs to be rewritten. - Consider three contracts for artistic services. as recommended by the Arts Commission Mayor Monday then presented these contracts, as follows: Orchestra Support -- Huntsville Youth Orchestra: $2,000 Orel and Video Archives -- Robert Pierce: $1,500 Huntsville Chorale Series -- Harley Rex: $10,000 Mr. Pipes noted these are the same contracts as in previous years end are being recommended by the Arts Commission again this year. Councilmember Knotts made the motion to approve of the three contracts listed above and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Discuss options and direction for staff concerning amendments to the sign ordinance. in light of the Lindsay v. City of San Antonio case. as requested by Councilmember Bell The City Manager asked that this item be delayed because of the lateness of the hour. He suggested a work session be scheduled after the first of the new year to review this item. He noted the City of San Antonio can regulate portable signs without infringing the first amendment rights of freedom of speech because there are suitable alternatives to the portable signs in the communication process. CITY MANAGER'S REPORT - -GENE PIPES Emergency Repairs to Well #19 Mr. Pipes advised the November 25 rainstorm caused some $2,000 damage to the 200 horse power motor at Well No. 19 as well as approximately $1,600 in damage to the motor starter control, for a total of *3,600. He noted funds are available to make these emergency expenditures frog the current budget (61- 5306 well /tanks /booster stations, with a balance of 5153,318 as of October 31, 1987). He asked for the E MINUTES OF THE DECEMBER 8, 1987 CiTY CQAICIL MEETING BOOK "0" 986 approval of the expenditure of 13,600 for these emergency repairs. ;ouncilmember Howard made the motion to aoorove this expenditure and Council.eiber Gaines seconded the motion. All were in favor and the motion passed unanimously. Replacement of Headwalls at Avenue 1 end 10th Street Mr. Pipes advised the November 25 rainstorm of some 10 inches destroyed headwalls on the downstream side of 10th Street (behind the Huntsville item), and on the upstream side of Avenue 1 between 14th and 15th Street for an estimated repair cost of 8105,000 (Alternative I). He recannended that consideration be given to enlarging the structures under 10th Street. Alternative I1 includes the installation of two additional 8 X 8 box culverts, the replacement of both headwalls at 10th Street, the repair of approximately 125 linear feet of street and the replacement of the east headwall on Avenue 1 for en estimated cost of 5241,239. He advised the existing structure is marginal for a two year frequency storm. He noted Alternative 11 would be adequate for a 25 and 100 year frequency storm at present, but would utilise the headwall depth available. After an explanation and discussion with the Council of both alternatives, Mr. Pipes advised there are no funds available for either venture. Mr. Pipes said the city has to replace the water line, and in order to replace it, we have to rebuild the headwall, and in order to rebuild that, we are obligated to make the Council aware that we are going to spend 126,000- 160,000 that will ultimately have to be torn up and thrown away later, or we are going to have to deal with the permanent solution now. He said cannot answer the financial question for the Council. Mr. Pipes said we have drainage money available to effect the repair which was budgeted for Avenue 1 and Avenue H work. Mayor Monday noted in summary that the Council needs more financial information in order to continue discussion of this Netter. She asked that the City Manager bring this information back to the Council next Tuesday night. She asked how much money is budgeted in drainage? What was it budgeted for? How ouch is actually there? Where are the dollars going to come from? She wanted to-take a look at the overall picture. The Council agreed additional information is needed. Mr. Pipes said the question is whether the Council wants to deal with an interim solution or a permanent solution. Councilmember Bell asked that the city organize • tour for the Council so they can see what the damages ere and review on -site the whole situation. CounciLNeaber Carter asked to see the engineering report. Mr. Pipes noted he will set up the tour. Appointment of Cindy Kellgren to Education Committee of the Southern Building Code Congress International Mr. Pipes advised that the City's Building Official, Ms. Cindy Kellgren, has been appointed to the Education Committee of the Southern Building Code Congress International to review and rate exam questions for professional certifications of building inspectors. He noted her expenses to attend an upcoming meeting in Birmingham, Alabama will be paid by the Southern Building Code Congress International. He noted Ms. Kellgren is one of two members from Texas, the other being Dr. Charles M. Flanders, Program Manager, Texas ALM University. He said the Southern Standard Building Code is the primary code of twenty states and 361 cities in Texas and is the basis for Ikntsville's building codes. He noted this is a rather distinctive, singular honor for Ms. Kellgren and is a credit to the City of Huntsville because of her position in the city. Review Panel Particioetion- -Hank Eckhardt, Jr.- -Sugar Land Police Chief Selection Mr. Pipes also advised the Council that Huntsville's Police Chief, Mr. Hank Eckhardt, Jr., was selected to serve on a selection panel for the next police chief of Sugar Land. He said he was one of five police chiefs in the state selected to make a recommendation to the City Manager and City Council of Sugar Land on their police chief. He felt this is likewise a distinctive honor for Mr. Eckhardt and a credit to the City of Huntsville. MINUTES OF THE DECEMBER 8, 1987 CITY COUNCIL MEETING BOCK "0" 987 Recognition of J. C. Loving for 30 Years of Service- - Retirement Reception Mr. Pipes advised next Tuesday night there will be • recognition reception for Mr. J. C. Loving, who has been an employee of the utilities department and a fireman for a number of years. He noted this will be the highlight of next week's meeting. MAYOR'S REPORT- -JANE MONDAY Invitation to Commissioning Ceremony for the U. 5. S. San Jacinto Mayor Monday noted an invitation has been received for this event to be held in Houston on the 23rd of January. She noted anyone interested should contact the City Secretary. Walker County Transportation Committee Meeting Mayor Monday noted she and the City Manager will be meeting with this group on Thursday and later that day with the 20 :20 Transportation Group to give input. She said she attended the Planning Commission meeting on Monday to get an update on the north loop consideration. She said tentative approval of the concept has been given and they will be coming back with more details. She noted as soon as more information is available on this, she will be beck to the Council with a report. Funding for Downtown Mayor Monday advised she will be meeting the week after next with a group of citizens and interested people in brainstorming ideas-of getting various funding opportunities into the downtown area. _ As soon as infoti tion is available, she will be beck to the Council with that l nformation for their consideration early in 1988. Smoking Ordinance Seminars Mayor Monday asked Mr. Bounds to report on the seminars held to explain the City's smoking ordinance. Mr. Bounds noted two seminars were held on this day (10:00 A.M. and 5:00 P.M.). He said he and the Building Official, Cindy Kellgren and the Health Officer, Leslie Owings, conducted the public hearings. He noted the ordinance is being very well received and those in attendance at both seminars have a better understanding now of how the ordinance will function. COUNCIL ACTION City's Response to Storm Problems _ Councilmenber Bell commended the efficient services of the city staff to clear away debris after the recent wind and rain storms. Sprina Lake Repairs Councilmmber Bell also extended his appreciation to the city staff for their work in the Spring Lake Subdivision on the streets, the dem and the water lines. Tax Abatement Discussion Councilmember Carter urged that the Council discuss in work session a policy on tax abatement so the Council can know ahead of tine when businesses come here what they can find available to them. He asked for it to be on the agenda soon in 1988. F MINUTES OF THE DECEMBER 8, 1987 CITY COUNCIL MEETING Recycling BOOK "0" 988 Councilmenber Carter asked that the city council sit down and do some serious thinking about how it will go about implementing recycling, and not just encouraging it. He said this includes involvement of Sam Houston State University, who he hopes will take s leadership role in the community and begin e recycling program that will help the city. He said we can then hold them up as a model to individuals and other businesses in the connanity. He asked that • recycling workshop of some type be on the agende for January. GSU and Underground Utility Lines on Avenue 0 Councilmember Carter noted he received a letter from GSU this week germane to underground utility lines in the area of Avenue 0. He said the letter suggests that GSU has gotten the idea that the Council is not interested in this any more. He said he wants GSU to understand that the Council is, at least some of them, are still very interested in that subject. in relation to this, he said, we will need another work session early next year that will deal with new construction and underground utility lines. He said he is aware that it does not do much good to put existing lines underground while at the same time we are allowing new construction to continue to place them above ground. He said he would prefer this work shop perhaps even before we get to the point of putting old lines underground. H-GAG Meeting Councilmember Percy Howard reported on the most recent meeting of the general assembly. He said Mayor Tan Reid of Pearland and Mayor Pro tem Sandra Pickett of Liberty were re-elected to represent our region. Me said there were no discussions on the recent suggested change So the by -laws, so the by -laws rensin the same concerning the number of votes needed to pass setters at the general assembly. He said there was a brief discussion by Jim Lewis, Administrative Assistant to Judge John Lindsay of Norris County, concerning tax abatement. He said some of the points he emphasized are as follows: 1) cities that are interested in tax abatement should first establish a criteria that will determine who is eligible and be fair to existing businesses; 2) that will bring in the types of business that will have a regional impact; 3) that will bring in money, not just exchange money from bank to bank; 4) and consideration as to whether or not that business will last long enough to pay the community to abate those taxes. He said some figures used were that a business that can spend five million dollars for its plants should be considered for tax abatement, or a business that will have at least 35 permanent jobs should be considered as one of the criteria. Mr. Howard said there are 32 states that have some sort of abatement program. Me said the legislature will probably, in the future, be talking about what abatement should be that is consistent for industry, since there is so much statewide competition now for business. He said we will be hearing slot more about tax abatement in the future. He said the Council will need to closely scrutinize in a work session what it will -do before it looks at any business. MEDIA INQUIRIES After some questions from the news media, the Council then adjourned this meeting. ADJOURNMENT lly submitt uth DeShaw, City Secretary December 8, 1987 la