Loading...
MIN CC 05/01/1984CITY COUNCIL MEETING OF MAY 1, 1984 PAGE 405 -- BOOK "N" 4110 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 1ST DAY OF MAY, 1984 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 net 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 Percy Howard, Jr. Jane Monday Bob Tavenner The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Councilmember Larry Corley, Mayor Pro tem. CONSIDER THE "M!NUTES'OF "THE PREVIOUS MEETING Councilmember Monday made the motion to approve of the Minutes of April 17, 1984 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. ELECTION BALLOT RECOUNT COMMITTEE APPOINTED Mayor Nash advised the Huntsville City Council that an application for a recount had been filed by Jim Carter, who received 444 votes to 0. Eugene Barrett's 446 votes in the Runoff Election held on April 28, 1984. He noted the Election Law provides that the governing body appoint a Recount Committee to recount these ballots according to a certain time table. He noted the committee can recount these ballots on Friday, May 4, 1984 at 8:00 A.M. He then recommended the following individuals, representing disinterested, registered voters from the City, to serve on this committee. Mike Canon, Chairman Marjorie Hardy Paul Loeffler Cloid Adams and as alternates: Terry Bilhartz (To serve if one of the above four cannot serve.) Edwina Nelson Councilmember Monday made the motion to accept this committee as outlined and Councilmember Howard seconded the motion. The City Attorney noted the Council should set the time and chairman in this motion. Councilmember Hodges then amended the motion to include that Mike Canon be the Chairman and that they meet at 8:00 A.M. on Friday, May 4 to recount the ballots and Councilmember Corley seconded the motion. All were in favor of the motion and its amendment and it passed unanimously. Noon Council Meeting -- Friday, May 4, 1984 Mayor Nash noted since it will only take a couple of hours to count 890 ballots again, he asked the Council to meet at 12:00 Noon on Friday to canvass the results of the recount and the results of the April 28, 1984 city officer election. Procedure in Case of a Tie in a Runoff Election Scott Bounds, City Attorney, noted there is no prevailing state statute governing cities our size as to what procedure to follow in the event of a tie in a runoff situation, and noted our City Charter does not address this either. He noted since there is no controlling statute, the City Council has the authority to decide whether to break the tie by either: 1) allowing the candidates to agree on which of them would assume the office or by requiring them to cast lots if they could not agree; or 2) by calling another election. Mr. Bounds said the procedure envisioned by state law for cities is that this be done by the casting of lots, noting this is pro- vided for by statute for cities over 200,000. He noted this is consistent with the way state law treats identical bids, etc., where there is a tie. He then recommended any potential tie in a runoff be decided by a coin flip. Councilmember Hodges noted he could not agree to a coin flip in this situation unless both candidates also agreed with this. He noted he preferred another election. Councilmember Corley and Councilmember Monday agreed that another election would be preferred over having a "coin flip," noting the latter would lower the prestige of the office. Scott Bounds, City Attorney noted if another election were needed, then, it would be held on May 19 at the Stewart Elementary School Cafeteria on Boettcher Drive if the Goree Unit is not available. CONSIDER BUDGET & TAX REPORTS Consider the quarterly budget reports; cumulative monthly tax reports for the quarter; and the quarterly budget adjustments Consider Budget Report for the Month ended March 31, 1984 The City Manager, Gene Pipes, presented this report and recommended its approval. After some review and questioning by the Councilmembers, Councilmember Monday made the motion to approve it and Councilmember Corley seconded the motion. All were in favor and the motion-passed unanimously. Monthly Tax Reports for January, February and March, 1984. These reports were also recommended for approval by the City Manager, Gene Pipes. Councilmember Dowling noted that there is a great number of uncollectable taxes listed on these reports due to the moving of mobile homes within the city. It was noted there are some 20 "mobile-home-moved" entries on the tax reports for this first quarter, representing some $916.09 being dismissed from the collectable taxes this quarter. Mr. Pipes noted this is less than usual, but that it is still not a desirable situation. Councilmember Dowling suggested a Resolution be drafted or some thought be given to addressing this problem regarding taxation on mobile homes, noting every city is bound to have this situation occur. Mayor Nash asked the staff to contact TML to see if they have any thoughts on this matter. He felt we should approach this problem through some state organization or through the legislature. Councilmember Corley then made the motion to approve these tax reports and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider Quarter Budget Adjustments Mayor Nash noted two items in the adjustments which had not been previously discussed: 1) payment of $2,100 for coupons on the 1960 WW & SS Issue, which were found and redeemed appropriately; and 2) payment of $550 in HISD taxes for the Brimberry park land. After some discussion, Councilmember Monday made the motion to approve of this budget adjustment report and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Councilmember Brown requested staff to compile a list of any other coupons on bonds still out and unredeemed so that the Council will know about them and not be surprised when they show up. Patricia Allen, Director of Finance noted there is only one other outstanding bond andits on a $5,000 1960 issue. CONSIDER A PROJECTED BUDGET OVERRUN FOR THE FIRE DIVISION Mr. Pipes, City Manager, presented a memorandum from the Fire Superintendent, Joe French, outlining the reasons for the overrun. He noted due to the cold winter this year and other factors, the fire division has had a tremendous increase in fire calls, or more during the first seven months of this year than were had all of last year. He noted the overrun will be around $25,000. Mr. Pipes noted Walker County is contributing their 50% share on the basis of last year's payment schedule and they are therefore slightly behind. He noted the contract we have with Walker County requires their specific prior approval for any increase of more than 10% of the budget. He noted we will need to go back to the Commissioner's Court to make them aware of this information and ask for their joint funding of any additional amounts that are felt necessary to sustain the activities of the Fire Division through the fiscal year. Some discussion ensued regarding the number of people dispatched to fires and it was learned that everyone is dispatched and if they are not needed, they are dismissed. This method was instituted after former Fire Chief H. B. Toney was killed in the line of duty, trying to answer a call on his own without proper backup. Mayor Nash noted we should check with other fire departments so see how they handle manpower vs. type of call, etc. Councilmember Monday noted we should have a work session on this so that we can first better understand how we handle it now and what the problems are before we change anything. CONSIDER PROJECT CARE PROPOSAL THROUGH GSU Consider a proposal by the City of Port Neches to urge voluntary contributions of GSU refund checks to Project Care Mayor Nash presented this request from the City Manager of Port Neches, Texas, Mr. Charles E. Norwood. He noted Project Care is administered by the American Red Cross to assist senior citizens facing emergency- utility related financial emergencies. Mr. Norwood is encouraging the City of Huntsville to urge local citizens who may receive GSU refund checks this year to place them into Project Care. He noted the refunds are the result of a court settlement wherein United Gas will pay GSU 112 million, of which 46 million was earmarked for GSU's Texas customers and of this amount, 11 million was designated to the "residential" customers of Texas. The PUC has mandated that GSU refund all of its customers of record as of December 31, 1983, with the refunds totalling as high as $40.00 to some customers, based upon the number of kilowatts used between January 1979 through December 1983.but the basic payment will be around $11.77. It was noted up to this point, Project Care has been funded entirely by the stock holders of GSU and GSU customers who can voluntarily contribute $1 a month to this project. Mr. Nash noted we are being asked to go on record as urging the voluntary contribution of these refund checks to Project Care. Mr. Joel Jeffcoat of the local GSU office provided a seven minute video tape explaining the program, which the Council then viewed. Councilmember Brown made the motion to _o on record as encouraging the voluntary contribution of GSU refund checks to Project Care and Councilmember Monday seconded the motion and it passed unanimously. CONSIDER STREET ASSESSMENTS Consider the Willow Street Assessment Project Proposal, as outlined by staff Gene Pipes, City Manager, noted this is a request of the Council to allow the participation by the City with the developers of the Paper Moon Apartment project to assist them in getting Willow Street paved from Bowers Boulevard to Magnolia Street. The City's role would be in engineering design, award of contract, and assessment of street and appurtenances costs to abutting property owners, with the total cost of the construction to be funded from combined developer funds and street assessments to the abutting property owners not initially con- tributing to the project, for their proportionate share of the cost of the project. Mayor Nash repeated then that the "total cost of the project, except engineering and the cost of awarding the contract and the city's supervision of it, will be borne by the property owners themselves, and if there are some property owners that do not participate in it, there will be an assessment against their property. At such time as it is collected, it will go back to the developers funding the project, on a prorata basis." Mayor Nash said none of these monies would come to the city and the city would have no cost involvement other than the input by the Design Engineering Department. Gene Pipes said our City Attorney, Scott Bounds, will have an assessment ordinance at our next meeting that will set up the functional procedures. Mr. Bounds noted this will be a formal paving assessment project, 21 days notice will be given by mail, two publications will be printed, advising the property owners that we propose to assess the cost of the street on a cost per front foot basis. He noted there would be a public hearing after the three week's notice, at which time the City Council will determine whether or not their property would be enhanced by the paving of the street and determining the amount of the enhancement and making an assessment up to 90% of the cost of the street against the future abutting property owners. Mr. Bounds noted a rough estimate of the costs involved here would be approximately $50 per running foot. Councilmember Brown surmised then that the developers are willing to pick up the total cost of the project to get the street built and then the rest of j the property owners will be assessed to try to recover these costs for the developer. Mr. Pipes then pointed out the project on a map for the.Council. Councilmember Monday expressed concern that there be a definite willingness by the other property owners to participate in this effort. Mr. Pipes noted the developers came to the City to ask that we help with this project; the city did not initiate it, so there is a very definite willingness on the part of the property owners to proceed with this street construction project. He said they contacted us so that our Design Engineering Department can coordinate the street, the water, the sewer and the drainage in this entire area, which is basically yet undeveloped. Councilmember Hodges asked what the city's costs would be for engineering. Mr. Pipes noted he did not have this figure, but agreed that these costs should be added into the total costs. Councilmember Hodges asked if the payment will be made when the project is finished or when. Mr. Pipes noted all of the money will be escrowed up- front before our design engineer will turn the first pencil. He noted this money will be based on an estimate and upon opening of bids, what ever additional money it takes to award the bids will be required. Mr. Pipes noted all of the property owners, with the exception of SHSU and the Cemetery Association, have been participat- ing in the meetings regarding this project and are interested to see it completed. Councilmember Dowling noted his reluctance to pursue much of this until we have numbers down and was not in favor of the City getting involved in this type of project due to the fact that historically, developers have seemed to have gotten along perfectly well in pursuing their developments. Mr. Pipes noted this particular project has a right -of -way that has been roughed in and has been there for quite some time in addition to being a split tract type situation and he felt this proposed project is the best way to get this street paved, unless the city went out, as part of its capital improvement fund, and built this street for the betterment of the community. Mr. Pipes noted the developers are willing to pick up SHSU's and Pine Bluff Cemetery's share, if necessary, to get the street paved and that they recognize this as a remote chance for participation. Mayor Nash noted if the City builds the street and assesses the property owners for the cost, it would only be able to assess 90 percent of the costs. He felt that in the proposal before us, our costs for engineering are very likely much less than 10 percent of that cost. He felt this whole proposal is more than a bargain. Councilmember Davis noted he would like a letter from the developers saying they will bear the costs. Mr. Pipes reminded the Council that we will get 100% of the costs up -front before any work is done. He noted also that this project will have an appropriate priority number in the Engineering Design Department. Councilmember Brown made the motion to approve of this concept for constructing Willow Street between Bowers Boulevard and Magnolia Street and to bring back an 'assessment ordinance at the next meeting and Councilmember Hodges seconded the motion. All were in favor of this motion EXCEPT Councilmember Dowling, who voted OPPOSED to the motion, feelins that this project should be done privately, without city engineering, through the regular permit and inspection procedures. Motion passed. Councilmember Davis asked again for a letter signed by the property owners saying that they want to do this. Councilmember Dowling noted again his concern for a project on which there are as yet no costs for Mr. Isbell's time, etc. After another restatement that work would not be done until the money was placed in escrow, the ;'Council then moved onto the next item on the agenda. CITY MANAGER'S REPORT - -GENE PIPES Airport Improvement Construction Project Bids Gene Pipes presented a preliminary review of the bids received. He noted a recommendation from the con- sulting engineers should be received on Friday regarding the successful bidder. He noted the bids ranged closely together on the base bid. He noted this is a FAA grant project and is a 90 -10% participation project. He noted it will be the major first step in the implementation of the airport Master Plan. Communications Audit Mr. Pipes reminded the Council about this audit of our four separate radio systems and the fact that we did not have sufficient expertise on staff to evaluate our systems. He said he has found another consultant in this field by the name of Trott from Fort Worth who will also submit a proposal for this communication system evalua- tion to be considered along with the proposal submitted by Mr. Carr. He noted the staff will have a recommenda- tion in this regard by the next meeting. Texas A &M Extension Service -- Seminar on Transportation Facilities Within Cities The City Manager advised the Council he has a notice of a seminar in College Station from May 31 through June 1 concerning transportation facilities within cities geared directly for elected officials and administra- tors. He recommended the seminar to all who might be interested in attending. Executive Session to discuss Pending Litigation Gene Pipes noted he needed an executive session with the Council to discuss pending litigation with Parkwood Place Apartments, but that the meeting would not need to reconvene after the session. MAYOR'S REPORT -- William V. Nash High Noon Concerts Mayor Nash presented the schedule of the High Noon Concerts to be held on the Courthouse Lawn beginning April 26 through September 27, monthly. He encouraged everyone to attend these noon hour concerts. Military Week Mayor Nash advised those present that he toured Fort Hood today and that a proclamation was issued last week in commemoration of Military Week. He noted he was quite impressed with the meeting and tour of Fort Hood. He noted the attitude of the military personnel was very high and they seemed to be extremely proud and happy with the roles they are playing in the military. Proclamation for Boy Scouts Mayor Nash noted he signed a proclamation for a celebration at the Josey Scout Lodge in recognition of the contribution of Robert A. Josey to boy scouting in providing the facilities for their meeting place. COUNCIL ACTION Little League Late Night Games Councilmember Monday expressed the concerns of her constituents about the late night games for Little League. She requested, upon Council concur- rence, that Mr. Pipes address a letter to the Association to share these concerns with them and to give them a list of considerations that they may want to take a look at next year. She noted some of the items that have been suggested to her are: moving starting hour back to 5:30 P.M. instead of 6:00 P.M.; no games played the week of SRA testing (and that is set on, the calendar by September 1); concerted effort be made to start games on time. 408 Page 408 -- BOOK "N" May 1, 1984 Water Supply Clean Up Day Signs on Utility Poles Little League Program Councilmember Dowling asked about the status of our water supply during this time of little rainfall. Mr. Pipes noted we are in good shape and can keep pace nicely, although the cushion of our new two million overhead storage tank would be welcome. He noted barring any power failure or any major interruption of storage potential, we are keeping up with the demand. He noted we are some 30 days behind schedule on the new water tower. He noted we will meet next week with the contractor to discuss the allowed time on the contract and what we can do to expedite the com- pletion of the tank. He noted we are still looking for completion to be around late summer, so we will still have to fall back on our old distribution system; however, our water supply is very, very good. He noted supply volume is not in question, but rather storage volume at a given time. -- Councilmember Dowling thanked everyone involved in the Clean -Up Day last Saturday. Mr. Pipes joined with Dr. Dowling in making this recognition of city employees and individual citizens in the community for joining in this effort over and above the call of duty. -- Councilmember Dowling noted we are getting a proliferation of signs on utility poles - -signs of all types. Mr. Pipes noted it is a violation of our ordinance to attached posters to utility poles, but the offender must be caught doing it before it can be enforced. [City Attorney, Scott Bounds, noted there would not be a problem if individuals wished to pull these posters off of the utility poles since the actual offender is unknown.] He noted garage sale signs are among those posters illegally posted on utility poles. ' -- Councilmember Hodges suggested putting a timer on the light poles so that the lights go out at 10:00 P.M. at the ballpark. - Councilmember Hodges noted he represented the City at this ground breaking. He noted Mr. Pipes showed up to do the singing and he showed up to do the preaching and 32 members quit the church (in jest, of course). - Councilmember Howard noted the beautification of Emancipation Park is progressing nicely and he hopes he can recruit some people who can help arrange or purchase some flowers for the park. - Councilmember Dowling noted it is his understanding that David Farrar, Director of Public Safety, will be receiving his Master of Science Degree. He commended and congratulated him for this accomplishment. RECESS TO EXECUTIVE SESSION ADJOURNMENT Family Life Center - Ground Breaking First Baptist Church Emancipation Park Project - ;Chief of Police Receives - Master of Science Degree ul mitte t De haw, ity Secretary May 1, 1984 1