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MIN CC 06/05/1984• MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5TH DAY OF JUNE, 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 met in regular session with the following members present: William H. Hodges, Mayor Pro tem 0. Eugene Barrett Murray A. Brown Stephen E. Davis Jerry L. Dowling Percy Howard, Jr. Jane Monday Bob Tavenner Absent: William V. Nash, Mayor The meeting was called to order by the Honorable William H. Hodges. The invocation was presented by Council - member Murray A. Brown. CONSIDER THE MINUTES OF THE PREVIOUS MEETINGS Councilmember Monday made the motion to approve the minutes of the last two meetings: May 22 and May 18, '1984 and Councilmember Dowling seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Jody Crawford, Huntsville Lions Club, to explain the Holiday Flag Project for Downtown and llth Streets Mr. Crawford advised the Council that the Lions Club proposes to place 90 flags in the immediate downtown area (22 around Courthouse proper, 28 flags in front of each business across from each side of the courthouse, and 40 more flags on 11th Street westward to Ella Smither Building. He said the flag will be a 3 X 5 American flag '(nylon) and will be displayed approximately 12 selective holidays throughout the year. He said the sponsorship of the project will be by $25.00 donations from individuals, the business community, social and civic clubs, etc. He then asked for the Council's approval of the project, for their approval of assistance from the city street ;and maintenance department for placement of the holder for the flags, and for approval of a resolution that the week of June 11-15 be designated "Huntsville Lions Club -Flag Sponsorship Week" to help kick off initial sales ,promotions. He noted the whole purpose of this project is to provide a fund raising project; to create a patriotic spirit among the residents of Walker County; to beautify our community, especially on special holidays; and to provide involvement in the Sesquicentennial program for their club. Mr. Crawford noted he will be contacting the Walker County Commissioners to get their approval as well. The Council expressed their enthusiasm and wholehearted support of this project. Mayor Protem Hodges asked the City Manager to work with the Lion's Club to help them get this project underway. Jesse Jones, Developer of Sycamore Townhomes Projects, to discuss trees in the City's utility easements. Mr. Jones presented a plat showing the property, easement, and subject trees. He noted that they, as devel- 'opers, when they begin a project, conduct a tree survey initially and then design their project to preserve as ,;many of the trees as possible and this practice is supported by the City's landscaping ordinance requirement. He noted, however, that in this situation the utility easement is under some large trees they wish to preserve so they designed the piping system so that it would use steel pipes in the area of the trees' root system and then placed well below the root system as it exists today, in hopes of eliminating any problems as the trees grow. He noted the easement is in the greenbelt because the city asked them to relocate their original easement line from the back of the building to some other place. He noted they relocated them in the parking lot, but the 'city objected to this location as well; thus, the utility easement is now in the greenbelt under the trees (espla- nade running down the center of the project). He noted they augered under these trees in order to preserve them and then pushed the pipe through the augered hole. He noted steel pipe instead pf PVC was used under the sweetgum tree in the front of the project, in order to preserve it. He noted the City still insists that we clear our easement of the trees and we insist that we want to preserve the trees to enhance the project and thus the commun- ity. He noted he has gone through the Planning Commission, the administration, and now, as a last'resort, has come to the City Council. He noted he is now pleading for the preservation of these three trees. He noted the water line runs under the sweetgum in the front of the property but the sewer line does not run under it. He noted the center tree is 15 -20 years old, an old oak tree, picture perfect and a major asset to this property. He said the water line runs outside of the root system of this tree, but it does run under the Sweetgum toward the rear of the project, but again, he said, steel pipe has been provided to preserve the tree. He noted he, as a developer, is trying to comply with the City's codes and is trying to spare every tree possible. He noted he has even taken the measure, through the City Attorney, to offer to indemnify the City against any expense which would ever be incurred in the removal of the trees in the event of a water line break in this area. He noted the residents of the condominium would prefer to suffer some inconvenience in the event of a water line break than suffer the loss of these trees. He noted he feels it would be worth it to preserve the trees. He reminded the Council that he is providing the utilities and he is giving them to the city; which cost is, of course, eventually borne by the people that buy the units - -and he feels they are entitled to say whether the trees should stay or be removed. Mayor Pro Tem Hodges noted he has visited the site and noted it is quite lovely. He said these three trees ;;are some of perhaps 50 or 75 other trees in the area. He noted the problem with maintaining an easement with ■trees is that they cannot be set aside like shrubs can with a backhoe. He noted too that there is no appeal pro - jvision to clearing this easement. Mr. Pipes, City Manager, noted he appreciates the aesthetic quality and value of trees, but from a functional standpoint, trees in utility easements are a constant headache in many areas of !town and the City is trying its best to remedy this problem ahead of time. He noted the Subdivision Design Standards Manual contains the rule that decides here and it states: ". . any public utility, including the I; City of Huntsville, shall have the right to move and keep moved, all or part of any building, fences, trees, !shrubs, or growths and improvements that in any way endanger or interfere with construction maintenance efficiency of the respective systems in any of the easements shown on a given plat." Mr. Pipes noted there is no variance procedure unless the Council changes their ordinance. Councilmember Davis noted he reads the ordinance to say we have the "right" to remove, not that we "must." I'He noted if we have any problems, we have the right to come down and cut the trees down to get to the water line repaired. Mr. Pipes noted this language is correct. He noted, however, general operational procedures are that we remove them ahead of time so that they don't have to be removed during an emergency. Mr. Jones notes this contradicts the other ordinance which gives them credit for landscaping by preserving trees. He noted if he had ;known the City would make them remove these trees, he would Move designed his project differently. Mr. Jones 11 reminded the Council that the 18" diameter Sweetgum in front of the project would probably be the only tree that would require equipment to lAke down, but the fact is that he did have it augered underneath, steel pipe inserted and there is no reason why it should ever have to be touched. He noted a Sweetgum has a very shallow root system and the line is several feet under the root system of the tree. He noted again he has pffered an indemnification agreement to the City against any costs in removing the trees should this be required in the future. He noted he has cooperated with the city and now he asks that the city try to understand and cooperate in this case to make an allowance. Councilmember Dowling recognized we don't have a variance procedure here, but at the same time, we do not have the authority to require Mr. Jones to do anything other than the standards and ordinances require; if we want the rule to r ea d that it is "desirable" that no trees be in utility easements when the lines are laid, then this needs to be in the ordinance. He notes the ordinance apparently only give us-f r g�ht to go in ana cut, burn, remove, etc. to get to the utility lines. He felt Mr. Jones was technically in compliance if this is what the ordinance says. Mr. Scott Bounds, City Attorney, noted there is another provision in the Design Criteria Manual which requires that all easements be cleared and grubbed. Mayor Pro tem Hodges noted if there is a break in the line, time will be of the essence, and having to have the trees removed before the line can be repaired will hamper this effort and cause a delay in restoring service. Councilmember Brown agreed with this thought, noting there are still plenty of other trees on this property. Mayor Pro tech Hodges noted he sympathized with Mr. Jones and emphasized that no one is "anti- tree," but in this situation, he felt the City Council will have to support the staff's position from a maintenance, service and continuity standpoint. Mr. Jones noted the ordinance that was provided to him stated that he just had to put this dedicatorial language on the plat and nothing else was pointed out to him that he had to remove the trees. He felt that if we have two sets of regulations, we need to decide which one were going to use. Councilmember Monday asked for a clarification from staff on this statement. Mr. Dale Brown, Planner, said the street section of the Design Criteria Manual states that all right -of -ways will be cleared and grubbed. Mr. Bounds, City Attorney, noted it is an administrative matter where the staff determines that it is necessary that an easement be cleared and grubbed to accomplish the utility or street con- struction intended. Mayor Pro tem Hodges noted he would like for the staff to again review all of this information and meet with Mr. Jones to work out their questions. This was acceptable to the council and the meeting then moved on to the next item on the agenda. PUBLIC HEARINGS Convene a Public Hearing to receive comments on five individual projects to be funded with Industrial Development Revenue Bonds. Paul Williams, Development Solutions, Inc. Mr. Williams noted there are five projects up for approval. He noted within the five, there is a proposed 21 million dollars in additional tax base for the community and an additional 250 jobs for the community. He said the first project is a $520,000 proposed office building on I -45 Feeder Road (22nd Street and Avenue S), 5600 square feet building, owned by Molar, Inc. (Dr. R. Marsh Miller - -to occupy 2,000 square feet) (C -Store Company - -800 square feet) (2800 square feet to be occupied by unnamed tennants), proposing to employ an additional five people between these two named firms and an additional payroll of about $60,000 annually. The second project presented by Mr. Williams is for West Hills I Mallltd. which is an estimated $8.7 million enclosed shopping mall, located on H -30S and I -45, slightly over 12.8 acres, 182,599 square feet in mall, to employ 144 permanent employees and 75 during development, with a payroll in excess of $1.4 million. The third project, according to Mr. Williams, is West Hills II Ltd., a $4.5 million project, located adjacent to West Hills I Ltd., occupying more than 70,000 square feet over 7 acres, approximately 60 employees employed with a payroll in excess of $600,000. Mr. Williams advised that the fourth project is that of Gerald L. Simpson and N. Thomas Rushing for an $800,000 project on Avenue L and Sam Houston, 10,000 square feet, renovation of existing building (former bus station); to be used primarily by True Value Hardware Store; with an addition of another 10 -20 employees with a payroll expected to be in excess of $75,000 - $100,000 annually. One Lake Place, Inc. is the fifth project described by Mr. Williams and it is to be an estimated $8 million project, located on the southwest corner of Lake Road and Sam Houston Avenue; over some 90,000 square feet, an acquisition, renovation, expansion of an existing facility with an existing tennant being Southwestern Bell Tele- phone. Mr. Williams noted the Walker County Industrial Development Corporation has approved all five projects unanimously. He noted this authority was created by the Commissioner's Court and consists of either the presidents or senior officers of all of the five banks in the county as well as the President of the Chamber of Commerce, the County Judge and another one of the county commissioners and a dean of the college of business at SHSU. He noted four of these five projects have already gone before the Walker County Commissioners Court and received their unanimous approval of the projects. He noted the other project is scheduled to go before the Commissioners on June 25. James L. Carter Dr. Carter, Political Science Professor from SHSU, reminded the Council that the authors of the IDRB rules have changed their minds about the looseness of the interpretation of the industrial revenue bonds and they have decided there needs to be a tightening up of the restrictions in terms of what types of projects will be approved under the use of these bonds. He noted he didn't blame businessmen for taking advantage of projects like this, but public servants represent the city as a whole and he did not feel the Council was here to make the best economic decision, but rather they are here to make the best public decision. Consequently, he noted, he hopes that as a City Council, the Council would adhere to the new regulations that will come into effect in two years, rather than simply blanket -grant approval for such projects. Unless they meet the unemployment, building structures, construc- tion requirements, he did not think these projects should be approved. He advised the Council that they need to understand that not everyone approves of this particular style of operation. THE PUBLIC HEARING CLOSED CONSIDER RESOLUTIONS Consider Resolutions approving the five individual commercial projects as listed above, under the Development Corporation Act of 1979, in compliance with the applicable rules and making findings in connection therewith Councilmember Davis asked how each of these projects qualifies as being in a "blighted or economically depressed area." Mr. Pipes, City Manager, noted last fall the Council adopted a Resolution designating the entire area of the City as an eligible blighted of economically depressed area. Mr. Pipes noted that this would allow any economic criteria required. and induce the tax Mayor Pro Tem follows: development to benefit the entire City, no matter where it was located, provided it met the He noted the majority of these projects are on undeveloped property and this will enhance base to grow. Hodges then asked the Council to consider the first Resolution, the caption of which is as RESOLUTION NO. 84 -10 A. RESOLUTION OF THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS APPROVING A COMMERCIAL PROJECT IN AN ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION; AND MAKING FINDINGS IN CONNECTION THEREWITH (Molar, Inc.). Councilmember Monday made the motion to approve of Resolution No. 84 -10 and Councilmember Tavenner seconded the motion. Councilmembers Davis and Dowling voted OPPOSED to this motion. The motion, however, passed six to one. (Note: Mayor Nash is absent.) Mayor Pro Tem Hodges then presented the second Resolution to be considered, the caption of which is as follows: RESOLUTION NO. 84 -11 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING A COMMERCIAL PROJECT IN AN ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOP- MENT COMMISSION; AND MAKING FINDINGS IN CONNECTION THEREWITH (West Hills MallI, Ltd.). Councilmember Tavenner made the motion to approve of Resolution No. 84 -11 and Councilmember Howard seconded the motion. Councilmembers Davis and Dowling voted OPPOSED to this motion. All other Councilmembers voted for this motion and it passed by a vote of six to two. (Note: Mayor Nash is absent.) The next item for consideration was then presented by Mayor Pro Tem Hodges for Resolution No. 84 -12, the caption of which is as follows: RESOLUTION NO. 84 -12 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING A COMMERCIAL PROJECT IN AN ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION; AND MAKING FINDINGS IN CONNECTION THEREWITH. (West Hills Hall II, Ltd.). Councilmember Barrett made the motion to approve of Resolution No. 84 -12 and Councilmember Monday seconded the motion. Councilmembers Dowling and Davis voted OPPOSED to the motion, however, it passed by a vote of six to two. (Note: Mayor Nash is absent.) Mayor Pro Tem Hodges then presented the next project for the Council's consideration, submitted by Gerald L. Simpson and N. Thomas Rushing, the caption of which is as follows: RESOLUTION NO. 84 -13 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING A COMMERCIAL PROJECT IN AN ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION; AND MAKING FINDINGS IN CONNECTION THEREWITH. (Gerald L. Simpson and N. Thomas Rushing.) Councilmember Monday made the motion to approve of Resolution No. 84 -13 and Councilmember Tavenner seconded the motion. All were in favor of this project and it did pass unanimously. (However, note that Mayor Nash is absent.) The vote was eight to zero in favor. Councilmember Dowling noted that this is the first project of these presented this evening which conceptually, does remedy a blighted situation in renovating an old bus station which has sat there empty for quite some time, and this is the main reason he is voting for this resolution. Mayor Pro Tem Hodges then advised the Council of the last project to be approved this evening and he then presented Resolution No. 84 -14. RESOLUTION NO. 84 -14 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING A COMMERCIAL PROJECT IN AN ELIGIBLE BLIGHTED AREA UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION; AND MAKING FINDINGS IN CONNECTION THEREWITH. (One Lake Place, Inc.) Councilmember Brown made the motion to approve Resolution No. 84 -14 and Councilmember Barrett seconded the motion. Councilmember Dowling voted opposed to this motion, but it passed by a vote of seven to one. (Note: i Mayor Nash is absent.) CONSIDER THE STATUS OF THE CHANGES PENDING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS Mayor Pro Tem Hodges asked Mr. Paul Williams of Development Solutions to review any changes with the Council at this time. Mr. Williams recapped the developments leading up to this point and then noted that everything the City Council has already designated as a commercial designated area will remain that way for two years from their initial designation. At that time, it may be necessary to redesignate areas, as guidelines are proposed which would require that in order to designate your entire community in the future, you will need to have one and one -half times the state's unemployment rate; and in order to designate tracts of land or portions of land, at I least 25 percent of that property will need to have deteriorating buildings or substandard buildings located on I it. Mr. Williams noted these changes were proposed in October of 1983 and published in the Texas Register; however, they had too many comments against them and they were withdrawn. He said they published them again last April and final approval was to have been received on those in May. He said the earliest they could have gone into effect is May 11. He said the Commission met on May 1$ and did not approve those as of yet. Final word is, then, he said, that they have not gone into effect, but they are still proposed. Councilmember Monday said as soon as they do go into effect, we should cause a study to be initiated that would evaluate our community against that so that we can begin to look at a plan that we may wish to adopt in two years which will comply with the new guidelines. Mr. Pipes noted he will proceed with this plan as soon as the official word comes in. , Mr. Williams noted federally there have been some changes proposed in the House and in the Senate. He said there is a House bill which will impose some restrictions on the amount of interest income which is exempt; put a per capita cap on the state as to how many bonds can be issued; and limiting issues to $2.1 billion worth per year. He noted to date, there has never been over $1.5 billion issued, so he did not think we would hit the cap any time soon. He said a Senate Bill is proposed which would limit a user company to $40 million world -wide of tax exempt financing - -this will take your La Quinta, WalMart or K -Mart and eliminate them from using these through- out the country, but it will probably have no other effect. He said this bill is now in conference committee and it is expected out of committee any day. He said he would be advising the City Council of updates in this regard. eaSIDFR A REQUEST TO AUTHORIZE AN EMERGENCY VEHICLE FOR TRAFFIC CONTROL DIVISION Consider a request to authorize an emergency purchase of a vehicle for the traffic control division of the Street bepartment to replace the 1974 unit that was scheduled for replacement in the FY 1984 -85 budget year and which has major mechanical problems -- replacement amount estimated at $16,500. City Manager, Gene Pipes noted this vehicle is about ten years old and in need of repair. He noted it needs to be taken out of service rather than repaired. He noted the General Fund unallocated reserve at this point is $89,282, therefore there are ample funds in this account to replace this vehicle. Councilmember Brown made the motion to approve of the request to replace this vehicle from General Fund unallocated reserve and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER REQUEST TO HIGHWAY DEPARTMENT TO REDESIGN SIGNALS Consider authorization of a request to the Texas Department of Highways and Public Transportation to redesign the signals proposed for upgrade at Sam Houston Avenue and Avenue I. The City,Mgnager,_Gene Pipes,, noted this,ts a request from First National Bank.South to build a cul -de -sac street at this particular intersection of Avenue I and Sam Houston hvenue to expedite ingress and egress from their project and for some major apartment projects to the rear of this site. He noted the banking officials have gone out of their way to resolve .1:he.probLem with state highway officials and the city by acquiring the property and making the necessary construction of this street. He noted this intersection is subject to our pending grant with the TDHPT to revitalize /upgrade all of the signals on Sam Houston Avenue. Mr. Pipes said this is a $400,000 grant involving FM 2821 and FM 247, mainly (awaiting mast arms to arrive) and this project will be complete. He noted the descending priority order goes along Sam Houston Avenue out to Sycamore and Sam Houston Avenue - -the final project. He noted he is confident there will be sufficient funds to do all of these projects unless there are some extraordinary expenses. He felt the redesign of this intersection from a three way to a four way intersection should not significantly increase the costs which is currently estimated at $37,000. He recommended the Council authorize the City to request the Highway Department to make this design change. Mayor Pro Tem Hodges felt this project would be of great benefit to the citizens of Huntsville. Councilmember Monday made the motion to improve of its authorization and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Councilmember bowling noted his concern that we are making a moral commitment to do this project without reassessing the priorities outlined in the signalization project. Mr. Pipes noted if the funds are not there in the grant structure, then we'll have to come back and reassess. CONSIDER ORDINANCE REGARDING STOP SIGNS Consider an Ordinance amending the Code of Ordinances of Chapter 12 Traffic Controls to codify the installation of stop signs on 19th Street at Normal Park, Helen Street at Boettcher Drive, and Old Highway 19 (Riverside) at FM 2821. Mayor Pro Tem Hodges then presented the caption of this ordinance, as follows: - - ORDINANCE NO, 84-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING 19TH STREET AT NORMAL PARK, HELEN STREET AT BOETTCHER DRIVE, AND OLD HIGHWAY 19 (RIVERSIDE DRIVE) AT FM 2821 TO BE STOP INTERSECTIONS; PROVIDING FOR THE POSTING OF STOP SIGNS ON 19TH STREET, HELEN STREET AND OLD HIGHWAY 19 (RIVERSIDE DRIVE) AT SUCH INTERSECTIONS; PROVIDING A PENALTY OF UP TO $200.00 FOR CERTAIN VIOLATIONS; AND MAKING OTHER FINUINGS AND PROVISIONS RELATED THERETO. Councilmember Monday made the motion to adopt Ordinance No. 84 -16 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE Fog h0 PARKING SIGNS Consider Ordinance amending the Code of Ordinances, Chapter 12, to codify the placement of no parking signs on 13e1 Street and 16tn Street. City Manager, Gene Pipes, noted these signs were posted as requested by the Council, but the City is not ready to take final action on the placement of these signs. Mr. Pipes indicated several residents have experienced some problems with these installations and some inconveniences. He noted he wishes to have more time to review this matter. Councilmember Barrett made the motion to table this item and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER EXPANSION OF N. B. DAVIDSON WASTEWATER TREATMENT PLANT Consider a report on the expansion of the N. B. Davidson Wastewater Treatment Plant and request that $17,710 be transferred to the project to complete the road work within the complex from the 1983 bond funds. City Manager, Gene Pipes, presented this project to the Council. He noted with the allocation of $17,710, this work can be done. He noted it is very likely that when this project is completed, we will be able to trans- fer approximately $10,481 back into the bond funds that will be used as support funds for this particular project. He noted it is an eligible item under the terms of the revenue bonds that were issued because it is a water and sewer utility purpose and it is of major function to the plant. Councilmember Monday made the motion to approve . of this fund transfer and Councilmember Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PROPOSAL TO ADJUST COMMERCIAL DRIVEWAY CRITERIA Consider a roposal to adjust the commercial driveway criteria as outlined in the Code of Ordinances, Chapter 6, Sec. Buildings & ApQurtenances. Mr. Pipes, City Manager, noted the Building Inspector, Mr. Robert C. Morphew, is recommending about a 25 percent reduction to the distances from intersections and between driveways. He advised that they had been experiencing difficulty making the current criteria fit any lot, old or new. Councilmember Monday noted that she is pleased with this change and she made t'.n motion to approve of this proposal and Councilmember Howard ill seconded the motion. All we in passed unanimously. CONSIDER PROPOSED INCREASES IN INSURANCE Consider proposed increase in employee and dependent health care insurance rates as outlined by the City's group hospitalization carried Republic National Life. City Manager, Gene Pipes, noted the City is experiencing an increase in its insurance costs from the employee rate of $81.35 to a new rate of $103.81 based on our local experience for the past year. He noted this is for an 80 to 100 plan where the insurance company pays 80 percent of the costs and the employee picks up 20 percent with a $200 annual front end deductible on each individual covered in the plan. He noted our dependent coverage is increasing from $148.00 to $193.00. He did not expect our employee dependent group to stay together any longer. He recommended staying with the basic plan that we have been providing and not further reduce the coverages that are offered. He recommended approving the proposed $103.81 rate. He noted we have checked thoroughly all of our other options, noting TML's insurance (Prudential) has rates very similar to this based on our experience. He noted this new rate represents a 27 percent increase in the basic rate on top of a 40 percent increase last year for a little more than two - thirds in two years. After some discussion, the City Manager noted this item can be delayed until the staff can consult with former Councilmember Larry Corley. The Council was in agreement to delay this item until other alternatives could be checked. Mr. Pipes noted he will bring this item back on the 19th day of June. CONSIDER PROPERTY AND LIABILITY INSURANCE ei= a= e••. •r =t -_ _ • t ' a d i =• 1 r nc and .1Ti Iii 4. MIZ 3Ti�V Ti�9ei N� 711714 1]:igirdYwlr-11l!R ti .=tments. City Attorney, Scott Bounds, advised the Council that the City received notice that Northwest Insurance Company, the underwriter of the City's Special- Multiperil Coverage, was possibly being placed in receivership. He said due to the multistate regulatory nature of insurance, he was not sure what effect, if any, this would have on handling the City's insurance claims. As a precautionary measure, Mr. Jim Leonard, our general agent with Arthur J. Gallagher i Company, and himself, agreed to cancel the Northwest Insurance Policy and to institute coverage through a joint package provided by International Surplus Lines Insurance Company and Gallagher Bassett Insurance Service. He noted he sent a copy of the proposed policy to Mr. Fred Gillette, the City's insurance consultant, for review. He said the substitute policy insures all the risks previously covered, plus a few, at no additional cost to the City. Councilmember Monday made the motion to approve of the actions of the City Attorney and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER UTILITY EXTENSION BID •,. • - - _ ,: •, • ,- •, • •d- t° -r • , _ Mr491D 11,ivwr. Tl R•1 i f11- 441I8F. 4 - .134eui-44.4.41 1 d f • r .e •eve Query The City Manager, Gene Pipes noted this request concerns the Cammarta sanitary sewer extension which is a utiity extension request located outside of the City limits. He said because of this, Mr. Cammarta is not requesting city participation, but has deposited $8,513.00 with the City. He recommended that the contract be awarded to the low bidder, Oscar Crawford Construction, in the amount of $8,513. Councilmember Monday made the motion to approve of this bid and Councilmember Davis seconded the motion. All were in favor of the motion and it passed unanimously. CONSIDER IIMC RESOLUTIONS a �, n. •al 8BU08. AB PAGES • •Y 'e II.M an.••prov +e• •Y B.ut DOS'aw. C tv.Secxetervy Mayor Pro Tem Hodges then presented these resolutions for the Council's information. Ruth DeShaw, advised the Council that the IIMC passed each of these Resolutions in their recent annual meeting. She noted the Council will be kept advised of the actions taken regarding the federal legislation by both the House and Senate. Gene Pipes, City Manager, reminded the Council that they too need to consider possible resolutions to be submitted to the TML. He noted they may wish to use some of the same resolutions proposed by IIMC. CONSIDER AUXILIARY POWER REQUIREMENTS Consider a report on lternetp{yea tpr ux.iliery ngwar requirements_ t9.maintein telephone couupunicat1ons and other services 'ring emergencies Gene Pipes, City Manager, noted if the Council wants to provide emergency backup power in the event of a power outage, he recommends the following: 1. Purchase and install a 45 KW natural gas generator for the M.J.C. establishing it as the E.O.C.: costs $21,500. 2. Purchase and install a 45 KW natural gas generator at City Hall to provide power for the phones and power for the building: cost: $21,500. 3. Purchase and install a 180 KW diesel generator for the Palm Street Water Plant, estimated cost: $54,600. This could be purchased through the new water tower project. Mr. Pipes said by purchasing these three generators, the City would have emergency power for the E.O.C., power for City Hall and the phone system, and power at the Palm Street Plant to pump water into the towers. Councilmember Monday said she would like to see a whole packet of emergency procedures and funding in the new budget so it can be reviewed along with other needs at budget time. Mr. Pipes noted it will be a decision package. The Council agreed to review it in detail at budget time. Mr. Pipes noted he will bring it back with the staffs recommendations at that time. CONSIDER ALTITUDE VALVE TlFfTTiTTIFIT TIIM IPM1 F11'iT4 *M1171(1i uriV:F4orivry teFla f.Rl s TIFT711111M11 illigI' . •u. :TT Y- YO MITT liFFIZ .: Councilmember Brown made the motion to approve of the purchase of this companion altitude valve and Councilmember Monday seconded the motion. It was noted West Hills Mall purchased one of these valves and the City will purchase the other one. All were in favor and the motion passed unanimously. CONSIDER VOLUNTEER FIRE COMPANY DEFICIT EXPENSES c 9t s a andd p gt ouoopa e n lam t p n Ce r iea O z n h e a M unto ayer e Company The City Manager, Gene Pipes, advised the Council that at this point in the budget year, the Volunteer Fire Department has spent over 80 percent of the allocated funds for volunteer pay and there will undoubtedly be a deficit in this account by the end of the budget year. He noted the projection of this deficit to budget year's end is $18,600. He noted he needs Council consideration of this deficit at this time. Councilmember Jane Monday made the motion to approve of $9,300 (City's share) of this deficit from the General Fund's unallocated reserve, providing the County Commissioner's Court provides their share ($9,300) and Councilmember Barrett seconded the motion. All were in favor of the motion and it passed unanimously. Gene Pipes presented some ideas about how the Fire Department might hold down their expenses. Councilmember Monday requested that Fire Chief Joe French present to the Council at budget time the results of the current system, plus his evaluation of the other alternatives presented in the information to the Council this evening and to bring to the Council a package of proposed possibilities for cutting expenses or at least maintaining expenses for the next year. Mr. French noted all fire departments in the East Texas area are experiencing the same problems, due to weather conditions, etc„ and their costs are increasing as well. The Council indicated their understanding of the situation and they felt Councilmember Monday's suggestion is appropriate. CONSIDER CONTROLLING THE CUTTING OF TREES gonsider notions availa4;a_to control the cutting of trees in. the City, Scott Bounds, City Attorney, presented to the Council alternatives regarding ordinances prohibiting clear cutting of property in the City. He noted the model ordinances provided are intended only to give the Council an idea of possible regulations. Councilmember Davis asked the Council to consider what it can do to encourage the preservation of our trees, noting the City's logo is a tree and Huntsville is identified because of its trees. He noted an article in our Comprehensive Plan deals with the environment and it talks about preserving sound barriers, watershed barriers, sight barriers, etc., and he felt if these things were paramount on the Council's minds when it passed these regulations, the Council should strive to try to preserve as much of the topographical areas of the City and also the trees. He said if common sense does not prevail, then other action is required. Councilmember Monday noted the quality of life of Huntsville is directly related to our trees and our green spaces. She referred to the City of Huntsville's Master Plan, which says that one of our goals is to encourage public and private landscaping to preserve the natural character of the site and the community. She felt the City should take a positive approach in that we would have, on all of our permits, at the very top, some sort of philosophical statement that says: The City of Huntsville is dedicated to the preservation of our environment, our trees, and we encourage public and private landscaping that preserves the natural character of the site in the community. We would encourage development, both commercial and residential, to use innovative and creative planning to accomplish this goal. She felt this may be one approach to come right out front encouraging innovation, encouraging participation, and our dedication to work with the developers. Also, Councilmember Monday noted, we have a Builder's Task Force, established specifically for better communications from our developmental community to the City. She asked that this Task Force review this since they deal in all types of developments: commercial, residential, mobile home, etc. and that they be asked for their creative thinking on how might be the best way to accomplish this goal through their experience. Councilmember Barrett felt the Builder's Task Force should provide input and that the City Planning Commission should become involved. He encouraged the City to maintain its appearance. Councilmember Howard noted his concern for the entire county in this regard, saying erosion has become a serious problem. He said we should also encourage the planting of grass to prevent erosion, not only in the city, but in the county as well. He indicated an interest in pursuing a grant which might allow the youth of our community to sow grass seeds in and around our area to protect the soil. Councilmember Tavenner felt we had expressed our attitude regarding trees in the Landscaping Ordinance and in the Design Criteria Manual. He felt we could not pass legislation telling individual property owners which trees they can or cannot take down. Councilmember Brown encouraged taking the positive approach. He felt the "Yard of the Month' program is one example of how our community recognizes and rewards people who try to maintain the beauty of our city. He noted we can expand on this type of positive reinforcement. Mayor Pro Tem Hodges noted no one on the Council is anti -tree. He agreed we should be using the positive approach and encourage people to preserve the trees and green spaces. He agreed with Councilmember Monday to let the Builder's Task Force look into this matter. Councilmember Davis said building and preserving our environment are not incompatible. He felt we can utilize property to the fullest and also maintain the environment to the fullest. It does not have to be clear -cut in order to build on it. He said we, as a governmental body, need to make our position known. He said we can't allow the cutting down of 75 year old trees. CITY MANAGER'S REPORT- -GENE PIPES Next Meeting Mr. Pipes noted the Council will meet again on June 19, 1984. ._ Community Development Block Grant Resolution -Mr. Pipes presented a review of the public hearing held on behalf of the 1984 Community Block Grant Application. He also presented a resolution authorizing the actions that are necessary to submit an application based on the criteria that exists at the present time. He noted the rules of the Block Grant Series do not permit the pursuance of a grant in an area outside the City limits; therefore,a grant for the Boettcher's Mill area cannot be applied for until it is annexed. He noted annexation of that area this year will remedy that problem for us. SIDER RESOLUTION NO. 84 -15 Gene Pipes then asked the Council to acccept Resolution No. 84 -15 which authorizes him to submit an application for grant assistance under the Texas Community Development Project Fund and the rules and regulations pursuant thereto, and to sign the acceptance of the grant assistance, when made, and any other documents required to complete the project, on behalf of the City. Mr. Pipes noted this is for the New Addition Area and this resolution designates that area between 8H 19 to the East, 8H 30 to the North, and SH 190 to the south, and Elm Street to the west, as the New Addition Revitalization District and designates that the activities to be undertaken in the Revitalization District are to be street and storm drainage improvements. Councilmember Dowling made the motion to adopt Resolution No. 84 -15 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. +til pn 11th Street COUNCIL AC,'TJON Councilmember Tavenner advised the City Manager that one of the handrails on 11th Street had one of its supports dislodged near the EKNX office. Mayor's. Councilmembera and Commteaionerj meeting in Cospug Christi Councilmember Davis reported on the meetings he attended in Corpus Christi recently. He noted Mr. Dick Lilley, Vice President of Barnes - Connally Development in Corpus Christi the former Director of Planning of the City of Austin, served on one of the panels regarding zoning, would be a good resource person should we enter serious discussions regarding zoning in Huntsville. He noted another important meeting he attended was about solid waste disposal. He said one of the panel members there was Jack Carmichael of the Texas Department of Health. He said he issues the landfill permits and he noted very few of these permits have been issued in the past few years and even fewer will be issued in the future. He noted Mr. Carmichael projects that within the next three to five years, landfills will no longer be a viable legal alternative. He was anxious for the City to think seriously about alternatives to landfilling. Senator Bentson's Letter Councilmember Monday asked that Ruth DeShaw, City Secretary, write a letter of response to Senator Bentson to encourage him in his effort and indicate our support. General Fund Councilmember Monday noted General Fund is getting very slim and she suggested we look very closely at it and any future use of it when not an emergency item. Town Creek Park Development Councilmember Monday noted the brick pathway is complete, the bridge is complete, funding is available now for a sundial and a couple of light poles and several park benches. She said the Lions Club is committed to the beautification and maintenance of the creek bed. The Rotary Club has adopted the wooded section behind City Hall for development and maintenance. 7th Street Flashing Light: Councilmember Barrett reminded the City Manager that he had requested a review of the possibility of installing a flashing light this location (top of hill). ADJDUPMMENT eespectfully submitted, Ruth DeShaw, City Secretary