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MIN CC 12/13/1983MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF DECEMBER, A.D., 1983 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davis Jerry L. Dowling Percy Howard, Jr. Jane Monday Bob Tavenner ember Absent: Bill Hodges The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Peverend Jay Horton of the Wesley memorial United Methodist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the minutes of the December 6, 1983 City Council Meeting and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION TO CALL THE CITY BOND ELECTION The City Attorney, Scott Bounds, described the few changes made to the Bond Resolution since delivery of the first copy to the Council. He noted Proposition No. Two now reads: The issuance of $2,200,000 street improvement and related drainage bonds when state, federal or other outside funds are available. This statement had originally read: The issuance of $2,200,000 street improvement and related drainage bonds when equal outside funds are available. The official ballot will now contain the following two propositions: Prop. 1. ( ) FOR ) - -THE ISSUANCE OF $2,200,000 STREET IMPROVEMENT AND RELATED DRAINAGE BONDS ( ) AGAINST ) Prop. 2. ( ) FOR )__THE ISSUANCE OF $2,200,000 STREET IMPROVEMENT AND REALTED DRAINAGE BONDS WHEN } STATE, FEDERAL OR OTHER OUTSIDE FUNDS ARE AVAILABLE. ( ) AGAINST ) Mr. Pipes, City Manager, noted Proposition 1 is a no tax increase" item. He said the second proposition would constitute a tax increase if all of the $2,200,000 were issued, lump sum, next year, although the likelihood of this happening is extremely remote. Mr. Pipes noted further that each of the various projects (Highway 30 FM 247, H -75 North), if broken up in increments over the next several years, the rate of tax increase, if any, would be very, very small because we will absorb the additional debt as our tax base grows and other additional debt is retired. He said it is difficult to stipulate how much of a tax increase that issue would require. He noted the city is simply getting authorization to match state funds, which is normally in a very good ratio I' to local taxpayers. Mayor Nash noted it would be optimistic if all of these highway projects that were submitted could be funded within five years or it would be perhaps more realistic to have these projects funded within 10 years. He noted this is not an immediate thing, but we are talking here about a situation in which we would be prepared if there is some money, either immediately or next year, etc. that we could take advantage of when it is available. After some discussion, Councilmember Brown made the motion to adopt the Resolution No. 83 -19 calling the City Bond election for January 21, 1984 and Councilmember Monday seconded the motion. A11 were in favor and the motion passed unanimously. , A full description of the propositions follows: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF SAID CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO -WIT: ROADS, BRIDGES AND STREETS, INCLUDING RELATED DRAINAGE FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION N0. TWO SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF SAID CITY IN THE AMOUNT OF $2,200,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO -WIT: ROADS, BRIDGES AND STREETS, INCLUDING RELATED DRAINAGE FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND•T0 CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES; PROVIDED, HOWEVER, THAT SAID CITY COUNCIL SHALL NOT ISSUE SAID BONDS UNLESS AND UNTIL SAID COUNCIL DETERMINED THAT AT LEAST AN EQUAL ADDITIONAL AMOUNT OF STATE, FEDERAL OR OTHER OUTSIDE FUNDS IS AVAILABLE TO THE CITY TO CONSTRUCT SAID PERMANENT PUBLIC IMPROVEMENTS. 308 PAGE 358 BOOK "N" CITY COUNCIL MINUTES OF DECEMBER 13, 1983 CONSIDER ARTS CONTRACTS Consider a series of contracts for service for arts related activities, as recommended by the Arts Commission. it Mayor Nash presented these contracts to the Council for their review and consideration. 1. An Agreement for Dance Program with Space /Dance /Theater (S /D /T) and Po Dan Sam for a Dance Program at Huntsville High School in the amount of $2,409 with the program to be scheduled between January 1 and May 15, 1984. 2. An Interlocal Agreement for Arts Program with HISD for an artist in residence -music program in grades K -6 for a period of four months (3 hrs. per week in other service to the community to include a public performance and programs at the Huntsville Public Library for $2,230 .with the program to be completed by March 30, 1984. 3. An Agreement for Dance /Poetry Program with Po Dan Sam for nine mini concerts (seven in HISD public schools; one in City Library; and one as a High Noon concert) to be completed by June 1, 1984 in the amount of $2,676. 4. An Agreement for Musical Programs with Huntsville Community Choral Society and Municipal Band Society for five projects a. Fair on the Square Municipal Band Concert b. 1. Annual performance of "Messiah" with members of the Sam Houston State and Houston Symphony Orchestras; 2. Performance of the Nutcracker Suite and other Christmas music by the University Symphony Orchestra (three concerts) c. The Annual Gilbert & Sullivan Opera with orchestra d. The Fourth of July Band Concert e. The Summer concerts for HEAP and High Noon Concerts (four). in the total amount of $13,382 with the projects being completed during Fiscal Year 1983 -1984 5. An Agreement for Huntsville Theatre Festival with the Drama Departmentof'Sam Houston State Univer- sity to provide four summer classes of creative dramatics; two classes for children ages '6 to 8 and 9 to 12 and two classes for children ages 8 to 12 that shall be conducted at the City's Emancipation Park Building; one theatre production by children ages9 to 16 and one musical produc- tion for persons of all ages to be produced between June 1, 1984 and August 15, 1984 at a total expense of $8,207. Councilmember Brown made the motion to approve of all five of the arts contracts, as presented, and Council - 4 member Monday seconded the motion. All were in favor and the motion passed unanimously for a total expenditure , by the City for these arts contracts of: $28,904. (Councilmember Brown departs meeting.) REPAIRS TO PARKER CREEK TRUNK LINE Consider authorization for emergency repairs to the main trunk line of the Parker Creek Wastewater System in the amount of 825,000 (estimate/ to be funded from Utilities revenues for future allocations, which has a balance of 87,000. Mr. Wilder, Director of Public Utilities, advised the Council that the 24" sewer line on the "Henderson 1 Land Co. Project" off FM 2821 at Town Creek was damaged by the five inch rain received over the weekend. He noted this line was threatened several months ago after the land developer relocated a drainage ditch across the i, sewer line. He said our City Engineer, David Smith, attempted to force the developer or the contractor to take jsome sort of action to protect our line, but was unable to get action from either. Mr. Wilder noted our engineer did receive a letter from the developer's attorney, 0. J. Moak, which instructed the city to proceed with the necessary repairs to protect the pipe prior to another rain while we then negotiate an agreement as to who should pay for the repairs. Mr. Wilder noted repairs have been made by constructing a concrete trough over the line to carry water from the drainage ditch over the top of the 24 inch line. He noted during the recent five inch rain the drainage ditch filled and ran around the concrete, destroying the concrete structure and damaging the sewer line. He advised the Council that while the line remains intact, it has a four inch drop at the crossing of the drainage ditch and is exposed for approximately 40 to 50 feet. Mr. Wilder noted he and the City's design engineer, Glenn Isbell, agree that the best way to repair the line is to relocate approximately 200 feet of the line and to construct a "pier" type support at the drainage ditch to support the pipe. He noted this relocation is necessary to enable the city to keep the line in operation during construction. He advised the new pipe will be ductile iron whereas the old line is concrete. The Council was advised that the line was constructed with the A. J. Brown Wastewater Treatment Plant and is the major carrier of sewage to the plant. Mr. Wilder urged the Council to take immediate action as it was considered an emergency due to the fact that . the structure could fail if another heavy rains should occur, which could result in approximately two million gallons of sewage being dumped into Town Creek on a daily basis. He noted funding of this estimated 325,100 project would have to come from the "reserve for future allocations," which has a balance of 587,000. Mr.Wilder stated that with these repairs completed, the city would pursue a refund of these expenses from the developer of the property: Henderson Land Company. Councilmember Monday made the motion to approve of this emergency repair as described and funded above and Councilmember Corley seconded the motion. After some discussion for clarification, the motion passed unanimously. Mayor Nash urged the staff to pursue the written communications to achieve reimbursement of this expense at once. CONSIDER INFILTRATION- INFLOW STUDY Consider a proposal and contract for professional services to conduct a study of infiltration- inflow to the city's wastewater system in an amount not to exceed $225,000, as budgeted in the city's capital improvements research funds. The Council was advised by F. Boyd Wilder, Director of Public Utilities and Glenn Isbell, Director of Engineering Design, that funds in the amount of $295,000 were allocated this year for the purpose of performing an Infiltration /Inflow Analysis of our sewer collection system for the purpose of defining problem areas related to storm water entering our collection system and to determine the sewer flow in the system for purposes of ;planning. He noted this project will include a complete monitoring program of our collection system and smoke 'testing of 150 miles of sewer system. They noted at the end of this project, the city will own eight monitors for conducting an on -going flow monitoring system for planning purposes and will also own all software associated "with this project for the Engineering Design Department's computer. It was noted the Wastewater Department will provide two people to work on .:r project so that trained personnel will be on staff to conduct the monitoring .,a ...ale. aaeN nn aaadaA in •rniorte_ Tha Council wag Advised of the .ioint recommendation to emolov the firm of Randolf and Associates of Peoria, Illinois which is the firm chosen of the four proposals received. It was noted the total project is estimated not to exceed $225,000, which will leave a balance of $70,000 out of the budgeted $295,000 to use in any repairs of the system that the study defines. Mayor Nash noted this item is presented to the Council this evening for their review. He noted the staff suggests discussing this item and delay final passage until certain considerations can be adjusted or corrected as required. He noted this contract for professional services can then be finally approved at a called meeting on Friday, December 16 at 11:00 A.M. Mayor Nash noted this program is initiated because of the known problems in a very old wastewater system. He said the city knows there is considerable infiltration of storm drainage into this system as well as leakage , from it. He said when we have alot of rain, the sewage plant is overloaded because of the amount of water that !, gets into it. He noted the city needs to know what the actual flow is in those systems, noting that the system '! as it exists, is a conglomerate of many add on's spaning some 100 years;.therefore, nothing is really sized or fitted right and we know we will have to make adjustments and additions to it. He noted all of the information derived from this study would be put on Engineering Design Computer for future use in design analysis. Three different pricing schedules were discussed, all of which total $225,000, if all of it is used. He noted basic services will be the smoke tests and testing of eight different meters in selected manholes that would be moved perhaps four times and the reading and accumulation of this data and the writing of the reports would be included in this basic service. Additional services include the installation of modums on the computers that are installed in the unit and the telephone line connection so that they can be read directly onto the com- puter in the Engineering Department and a couple of programs that will do engineering analysis and design work. He noted these additional services are not committed for in this contract but they are set up and he anticipated the Council will recommend that they be included. (and they are included in the $225,000 figure). A discussion ensued then regarding Section 5 of Exhibit A to agreement between owner and engineer for study and report professional services dated December 12, 1983 regarding the method of payment for services in an effort to achieve the most cost savings for the required services. Mayor Nash suggested adding subsections 5.8 and 5.9 under subsection 5.3 as subsections under it and eliminate reference to those two sections in other places in this document. Mayor Nash suggested that additional services should be termed "alternates that could be accepted at a later date," thinking this nomenclature fits better. Mayor Nash noted under Section 5- Payment, Subsection 5.2 regarding monthly statements, that this section should include that the engineer will submit monthly state- ments on the basis of additional services with backup information as prescribed by Glenn Isbell. Mr. Nash also suggested changing the word "prompt" in Subsection 5.2 regarding monthly payments and say "within thirty days." Councilmember Davis asked what protection the city has if it is not satisfied with the service. It was suggested by the Mayor that the word "accepted" be added before the word "services" in the first line in Sub- section 5.4. Mayor Nash felt the limits of liability needed to be spelled out in this contract,-or at least stipulate the standards. Mayor Nash noted it will take some 60 days to get this project set up before the March rains. He noted the staff has rushed this contract with this in mind and for this reason, he feels there are some areas within the contract which may require closer scrutiny, although the overall contract is very good and he commended the staff for their excellent effort. Boyd Wilder indicated he had no objections to making these suggested changes in this contract. The City Manager, Gene Pipes, noted final action can then be taken on the amended contract at 11:00 A.M. on Friday, December 16, 1983. Councilmember Davis expressed his concern that this is a quarter of a million dollar expenditure and he would like for the contract to read that this company will do the work that they promised at the price they promised and that they will be here ten years from now if we have problems. CITY MANAGER'S REPORT - -Gene Pipes Open House at City Hall for Employees and Councilmembers Gene Pipes reminded the Council about the open house to be held to wish everyone a Merry Christmas all day on Thursday, December 15, 1983. Next Formal Meeting Mr.-Pipes indicated that other than the short council meeting on Friday, December 16, the Council would not meet again until January 10, 1984. He noted the meeting on the 16th should be brief. One additional item for consideration will be the purchase of a police dispatch control unit (console), noting the bid for this item will be opened on Wednesday at 2:00 P.M. He noted this could be delayed until January 10 should there be a problem with the bid. MAYOR'S REPORT -- WILLIAM V. NASH Interagency Council Meeting Mayor Nash noted he met with the County Judge, Ralph A. Davis and Gary Collins, HISD Superintendent at noon on this date in the interagency council meeting. He noted no great issues were resolved, but the meeting was good. Leadership Institute Mayor Nash advised the Council he met with the Leadership Institute class today to speak to them about government and the political process. Various Board Appointments Builder's Task Force - -Mayor Nash made the following appointments to this five member group recently established. Bobby Murray Ralph Lawson David Glenn (these two not yet confirmed) representing architects, engineers, surveyers representing commercial builders and developers representing real tors representing residential builder representing manufactured housing Councilmember Monday made the motion to approve these three appointments to the five member Builder's Task Force and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Page 360 -- Book "N" City Council Minutes of December 13, 1983 Police Promotional Review Board - -Mayor Nash recommended the following citizen to fill the expiring term of Ms. Jaspyr Sanford on this three member board for a three year term. Mr. Bill Byers Three year term: 01 -01 -84 to 01 -01 -87 Councilmember Corley made the motion to approve of this appointment and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Parks Board -- Jody Crawford Gary Collins Ron Sumter Bruce Graving Nancy Tiller 01/01/84 -86 01/01/84 -86 01/01/84 -86 01/01/84 -86 01/01/84 -86 Leroy Bailey's term expired 01 -01 -84 Jim Carter's term expired 01 -01 -84 Karl Davidson's term expired 01 -01 -84 Willie Head's term expired 01 -01 -84 Ted Michael's term expired 01 -01 -84 Mayor Nash noted there is a specific reason for each of these particular appointments; i.e., Mr. Gary Collins is interested in a coordinated effort of the School's property with the City's property as to park development and usage. He noted the other members of this board are Dr. Barbara Hart and Dr. Ralph Pease, both with Sam Houston State University. Mr. Nash felt this represented a good cross section of the commun- ity. Councilmember Dowling made the motion to approve of these appointments and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Board of Adjustments and Appeals Mayor Nash noted two terms are expiring on the Board of Adjustments and Appeals. He noted expiring terms as of 01 -01 -84 are: Curtis Skeins Dan Slater Mr. Nash then appointed Mr. for three years and he will Remaining Appointments Mayor Nash noted he will try to confirm the other appointments yet remaining on these boards and will hopefully have them firmed up by Friday, so they might start off the year on the boards. term expires 01 -01 -84 (New appointment not yet confirmed) term expires: 01 -01 -84 New appointment: Bill Knotts (until 01- 01 -87) Bill Knotts to fill the expiring term of Dan Slater. Mr. Knotts'term will be be the representative from the engineering area on this board. Town Creek Park Developments Jane Monday Christmas Float Jerry Dowling COUNCIL ACTION advised of the new developments along Town Creek behind the City Hall. She indicated the brick sidewalk is in on the north side of the creek and two new old fashioned lamp posts have been installed. commended the City staff for the extremely unique Christmas float which was so proudly displayed on December 8 in the city's Christmas parade. ADJOURNMENT The Council then adjourned for the evening. The next meeting of the Council will be a brief meeting on ;December 16, 1983 at 11:00 A.M. submitte e haw, City ec a ecember 13, 1983 y