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MIN CC 09/14/1982MINUTES OF THE HUNTSVILLE CiTY COUNCIL MEETING HELD ON THE 14th DAY OF SEPTEMBER, A.D., 1982 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 Bill Hodges Delora King Goree McGlothen Jane Monday The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Father Galeb Mokarzel, Carpus Chaplain at SHSU and Associate Pastor of St. Thomas Catholic Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Corley made the motion to approve the minutes of August 31, 1982 and this motion was seconded by Councilmember Monday. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Mr. Ken Langley, 1522 14th Street, to discuss problems with off - campus fraternity house parties and enforcement by the police. Mayor Nash advised those present that the Council has a copy of a letter to local fraternities from Police Chief, David Farrar, dated August 31, 1982 which advised fraternity members of all the applicable city ordinances and state statutes which would be enforced by the police and requesting the cooperation of the fraternities to abide by these regulations as they conduct their activities in some of the private residential neighborhoods' wherein they have purchased fraternity houses. Mr. Langley noted that over the last three years, everytime the semester changes, he is faced with beer cans.; .bottles, disposable cups, drag racing, noise, public indecency, and invasion of privacy. He noted he wants the strict enforcement by the police of our ordinances and statutes. He said he has visited with every official from the City to the University and he felt his appearance here tonight is his last resort. Mayor Nash thanked Mr. Langley for bringing this to the Council's attention. He agreed that Mr. Langley should not have to endure these infractions and assured him that the City would enforce all the laws within their power to assure that his rights are not violated. He noted the cooperation of the fraternities will be expected. Councilmember Monday requested a report from Chief Farrar regarding enforcement in this area and what is currently being done. Councilmember Davis noted if the fraternity continues to violate civil ordinances this may cause it to have its charter revoked. Mr. Milton Godwin, insurance agent, to request designation as Agent of Record for the City with Republic National Life Insurance Company Mayor Nash noted since adopting the health insurance program offered by Republic National Life, the City took action to appoint Mr. Toby Gates as its agent of record and then later rescinded that action. .Mr. Milton Godwin, who did the research and development work to obtain the bid we accepted from Republic National,; requested the City to appoint him as agent of record so that he can be paid the commission on this account which ji is already built into the premiums and so he can represent the city in claims processing with Republic National and to represent us in our health insurance renewal next year. Councilmember Hodges felt the Council was familiar with this request and he then moved to appoint Mr. Godwin as the City's Agent of Record and Councilmember Brown seconded the motion. Discussion: Mr. Godwin was asked to present the material he has prepared. Mr. Godwin noted he sent out 50 letters requesting quotes on the City's • ;insurance needs and received 32 replies. He noted the basic reply was that they were not interested because of � the City groups' experience and their posture on city business and the margins required in their rates. He said i he worked three weeks to acquire a proposal which was accepted by the Council for Republic National. He noted he is asking for compensation for the first year which is already built into the rates accepted by the Council. In addition to being appointed agent of record, Mr. Godwin asked that the Council allow him to represent the City j in their negotiation for this insurance next year, noting it is anticipated the City will be in for a real large increase in rates and that they will need his expertise to negotiate the best proposal. Mayor Nash was concerned that the "first in time" rule of insurance companies may have prevented the local agents from obtaining quotes because Mr. Godwin had already contacted all the companies regarding the City's bid. Mr. Pipes, City Manager, noted the advertisement was placed in the paper and after no response was received all the focal agents were contacted by telephone in an effort to obtain some bids; however, none of the local agents were able to get a quotation from the companies with which they normally do business. Mr. Pipes said he did not know why they were unable to obtain quotes, however, it was after all this that Mr. Godwin began his attempt to assist us. The Council concurred that Mr. Godwin should be paid his commission for his work but some of the Council did not wish to become involved in what they considered tobeaninsurance company matter in the appointment of an agent of record. Upon taking a vote, Councilmembers Hodges, Brown, King and McGlothen voted for the motion to appoint Mr. Godwin as agent of record and Councilmenbers Monday, Corley, Dowling Davis and Mayor Nash voted against the motion. The motion, therefore ' ailed to pass. Mayor Nash asked the City Manager to advise Republic National Life insurance Company that the Council wishes for Mr. Godwin to be paid his commis- sion but that the City does not wish to appoint an agent of record, stating the City will deal directly with the insurance company rather than through an agent. Mr. Steve Crawford, Telecable, inc. to notify Council of seasonal programming schedule and completion of system rebuild. Mr. Crawford advised the Council that his company has completed the rebuilding of the system as per the contract with the City. He said he is now asking the Council for approval of the rate increase as stipulated in the Ordinance No. 82 -5, approved in April of 1982. He noted he would demonstrate the programming now available after the council meeting through a television set which he would have available in the conference room. Mr. Crawford requested that the rate increase go into effect on October 1. He noted he would have converters for rent or sale, however, Telecable would not services these units. He noted they can be acquired from other dealers in Huntsville also. He said older TV sets can be outfitted with a tuner to make them receptive to the new system. Mayor Nash asked that the staff meet with Mr. Crawford during the remainder of the week or as long as possible to confirm that all of the various aspects of the contract have been complied with and then have staf make a recommendation back to the Council regarding the rate increase. Councilmember Davis requested the City review the complaint log kept by Telecable for the last 30 days to see what type of complaints have been logged in and the results; review the means and time intervals that the power voltage is to be checked and how itwas being done in the last 30 days and how will it continue to be done. He also asked that before the increase is placed into effect, a notice should be placed in the newspaper to let the public give the City same feedback of what their particular experience is regarding Telecable (a complaint form was suggested). CITY MANAGER'S REPORT The City Manager, Gene Pipes, noted he has copies of the monthly bond report and Police Department Activity Report. He reminded the Council that the City picnic would be held on October 9, 1982 at the Walker County Fairgrounds with a barbeque lunch served around 1:30 P.M. Mr. Pipes noted the following Monday evening, October 11, will be the annual board members reception at the First National Bank Flag Room at 5:30 P.M. until 8:00 P.M. Consider award of Bid 82 -31 for 5,000 cubic, Service in the amount of $29,750 to be funde ROAD BASE ROCK s of road base rock for Street Maintenance to Hoot's Loader om budgeted funds. Councilmember Brown made the motion to approve of the subject bid award as presented by the City Manager and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONTRACT FOR VARIOUS MAINTENANCE AND CONSTRUCTION PROJECTS Consider a request to contract for various maintenance and construction projects by the Utilities Department that would require funding of $5,460 from Water and Sewer Contingency which has a balance of $92,303. Councilmember King made the motion to approve the request to contract out for the various projects as out- lined in a memo from Boyd Wilder, Director of Public Utilities. and to authorize funding for Project No. 2: 1. Aerial sewer line crossing repair off Boettcher Drive at Turner Street 2. Completion of 6° water line on 8th St. 8 Sam Houston Avenue 3. Six inch sewer bore on FM 2821 to serve the Beal property 4. Sixty foot sewer bore on SH -19 to serve the Collins Ellis property 5. Forty foot bore on. Fish Hatchery Road 6. Drainage work at outfall line at the A. J. Brawn Wastewater Treatment Plant ($45 /hr. for 690 backhoe -- approx. 5 hours) $ 2,500.00 $ 5,460.00 $ 616.50 $ 900.00 $ 600.00 $ 225.00 $10,301.50 ;Budgeted funds are available to complete all:projects except Project No. 2. Authorization is requested to fund project no 2 and to allow the contracting out of these six projects, according to the September 10, 1982 memo.) Councilmember Corlev seconded the motion. Comment: Councilmember Monday noted this additional expenditure of 55,460 will have to come out of contingency which will affect our carry forward. Although she had no problem with this, she said it is not being reviewed against anything else and is just being done. She asked that from tonight an, when the Council gets the reports listing what has been approved in Revenue Sharing and General Fund, that it carry with it at the bottom the additional things that have been added an that were not budgeted so that we can keep up with the amount of money that we have spent which was not budgeted in the Water and Sewer, Sanitation and in General Fund and Revenue Sharing. She felt the Council should always be aware of what it is doing Upon taking a vote on the motion on the floor, the motion passed unanimously. MUNICIPAL JUSTICE CENTER AIR CONDITIONING Consider a request to replace an air conditioning unit at the Municipal Justice Center in the amount of $3,800, to be funded from General Fund Contingency which has a balance of 598,901. Councilmember Monday made the motion to approve this request for air conditioning replacement and Council - member McGlothen seconded the motion. All were in favor and the motion passed unanimously. Councilmember Monday noted again this will affect our general fund budget and she asked that it be listed on the reports as requested in the above item. CONTRACT WITH SHSU Consider a proposal to contract with SHSU for provision of Tourism Services. Mayor Nash noted this matter concerns requested funding for promotion of SHSU as presented by Mayor Emeritus Morris I. Waller last week in the amount of $4,000 and that the Tourist Councildonate approximately $2,000 to SHSU for advertising and promotion. Mayor Nash noted it is his personal philosophy that the City should not take funds from General or Revenue Sharing Funds, which are basically accrued from ad valorem taxes or from income taxes for use or distribution to state institutions for such things. He said he strongly supports SHSU and noted whatever is done for SHSU normally is in the best interest of our entire community. He said Mr. Pipes was asked to research the possibility of a portion, say three - fourths, of the revenues which came to the City through the tourist tax (hotel -motel tax) on the University Hotel, be returned to SHSU or some agent of SHSU to be used within legal restrictions of the hotel -motel tax statutes for the promotion of tourism and that this be done up to a specified ceiling so that as it goes throughout the years, if it grows to a lot of money, it wouldn't become an exorbitant thing. Mr. Nash asked that this be done totally in lieu of what had been done in this regard in previous years by the City and the Tourist Division. He felt this would be a more appropriate way to assist with SHSU's promotion rather than using ad valorem tax monies. Mayor Nash noted he is not comfortable taking action on this until he determines what monies from the Tourism budget are presently being spent on behalf of SHSU and how the above proposal can be phased in so that it is not penalizing to anyone. He then recommended that the Council leave the total budgeted amount for the Tourism Division in the City's budget, but reserve tonight the detail of that until the Council can get further 4111 : 1111w'm4L4uu 10901Wlt9 uuS parI.II..u,ar snmy. n0 U41.00 bwec u4w01 ny :1)0x0.+1. DOVUIV VC ..4inc4 vu,, a.oi3 rc%II ;next year, when the contract with the Chamber of Commerce is renegotiated, this can be considered. Councilmember Brown then made the motion to table this item and Councilmember King seconded the motion. Discussion: Councilmember Brawn noted he and Councilmember King met with Chamber representatives on this date iand learned that the Tourist Bureau is already spending money to assist SHSU, as the mayor mentioned. He felt 1 the Tourist Bureau should come to a Council work session to show the Council the figures so that a more intelli- i! gent decision can be made regarding the amount of money that should be appropriated for this advertisement of SHSU. Councilmember Monday requested quarterly reports on haw the tourism monies are spent and stated she felt it is proper for the Tourist Council to appropriate the funds, rather than the Council trying to also do this. She felt the Council can make the policy statements but that the allocations should be done by the City's agent, the Tourist Council and requests for tourism monies should be made of them rather than the Council. All were in ! favor of the motion to table and it passed unanimously. ADOPT THE BUDGET FOR FY 1982 -1983 Consider Ordinance No. 82 -18 adopting the Budget for FY 1982 -1983 for the General Fund, General Bond Sinking Fund Revenue Sharing, Sanitation, and Utilities Funds, which total $12,885401.00. Mayor Nash presented this ordinance, the caption of which is as follows, and requested the Council's action. ORDINANCE N0. 82 -18 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, 1982 THROUGH SEPTEMBER 30; 1983; PROVIDING FOR AN EFFECTIVE DATE HEREOF. Councilmember Brown made the motion to adopt Ordinance No. 82 -18 and Councilmember Hodges seconded the motion. All were in favor and•the motion passed unanimously. ADOPT THE TAX RATE Consider Ordinance No. 82 -19 establishing the tax rate of .51 per $100 of assessed valuation. Mayor Nash presented this ordinance, the caption of which is as follows, and requested the Council's action ORDINANCE NO. 82 -19 AN ORDINANCE FIXING THE TAX RATE AND LEVYING TAXES FOR THE CITY 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. Councilmember Brown made the motion to adopt Ordinance! No. 82 -19 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. APPROVE WATER AND SEWER RATE INCREASES Consider Ordinance No. 82 -20 increasing the rates for water and sewer services according to schedule. Mayor Nash presented this ordinance, the caption of which is as follows, and requested the Council's action AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING RATES FOR WATER AND SEWER SERVICE FURNISHED BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilmember Brawn made the motion to adopt Ordinance No. 82 -20 and Councilmember McGlothen seconded the tion. All were in favor and the motion passed unanimously. APPROVE SANITATION RATE INCREASES Consider Ordinance No. 82 -21 increasing the rates for sanitation services according to schedule. Mayor Nash presented this ordinance, the caption of which is as follows, and requested the Council's action 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 Brown made the motion to adopt this ordinance and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT Texas Municipal League Annual Meeting Mayor Nash advised the Council of the annual meeting to be held in Fort Worth beginning October 23 and ending October 27, 1982. He urged those councilmembers interested In attending to contact the City Secretary !I regarding reservations and registrations. 1101City Hall News Items Councilmenber Monday COUNCIL ACTION requested that the City Manager include in the City Hall News colunn the new water and sewer and sanitation rates and present an explanation as to why these rates have gone up. 11y ub ited, uth September 1A, 1982 ary