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MIN CC 08/07/198441.' MINUTES .OF THE CITY COUNCIL MEETING HELD IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL IN HUNTSVILLE, WALKER COUNTY, TEXAS ON THE 7TH DAY OF AUGUST, A f% 1984 AT 7:00 P.M. William V. Nash, Mayor Eugene 0. Barrett Murray A. Brown Stephen E. Davis Jerry L. Dowling Bill Hodges Percy Howard, Jr. Jane Monday Bob Tavenner City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney The Council met in executive session at 6:30 P.M. to discuss pending litigation regarding Embessi Vs.French. No formal action was taken by the Council after this session. FORMAL MEETING The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Councilmember Percy Howard, Jr. CONSIDER THE MINUTES OF JULY 31, 1984 Councilmember Monday made the motion to approve of the minutes of the meeting of July 31, 19B4 as presented and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Dr. John Haenosh, City of Huntsville Medical Officer to discuss the current rabbies problem Dr. Haenosh suggested some preventive medicine with regard to the rabbies threat, citing some recent cases. He warned that if one contracts rabbies, death is certain as there is no cure for it. He noted we have fallen behind in recent years in the vacination of animals. He noted we need to concentrate on preparedness, vacination of animals and control of stray dogs. He noted the city and county have both indicated their interest in coop- erating monetarily in a vacination drive and he has been working with the local veternarians. He hopes to come back in two weeks with a formal plan of action. It was noted Dr. Gebre Salassie is the County Health Officer and that he is working with Dr. Haenosh in this regard. Councilmember Monday commended them for their jiint effort in this regard and she indicated her support of the project. Councilmember Davis noted most of the carriers of this disease are skunks, which are animals not controlled. Mayor Nash noted it is possible to offer the animal control officer some additional assistance to accelerate this program. it was noted the city only has about 50 kennel spaces available at Dr. Kelley's facility. Councilmember Dowling felt the Council should defer to the recommendations of the local health officers and veternarians in this regard. Councilmember Tavenner suggested we involve the assistance of the Rita B. Huff Humane Society in this project. Gene Pipes, City Manager, noted the animal control activities will be "stepped up" significantly over the next few weeks. He noted we do have a leash law and a fencing require rent for animals. CONSIDER THE FOLLOWING BIDS Uniform Rental Contract to U. S. Uniform Supply at $5.30 per man per week. Cnuncilmember Brown made the motion to award the contract for uniform rental to U. S. Uniform Supply at $S.lO par man per week and Councilmember Monday seconded the motion. Discussion: Councilmember Hodges expressed his preference to deal with local vendors and he felt the difference in cost of some $32.00 per week was not significant enough to change from our usual local vendor (Quality Uniform Supply at $5.70 per man per week). He noted he will vote against his motion. Scott Bounds, City Attorney, reviewed the law on bidding procedures summarizing that the issue is not financial responsibility but rather what is the lowest and best bid and he said he felt this was still up to the discretion of the City Council. Councilmember Monday noted she views this contract as a service rather than a product and she too feels the local vendor can offer better service because it is local. Mayor Nash did not feel the city should discourage outside vendors from bidding, although he agreed with the comments made by the Council this evening. He noted if we intended to require the vender to be local, then it should have been bid that way. He noted if we do not remain in the competitive bid process, we'll be dealing with just one company - -the local one. Mayor Nash noted since the local vendor does not have to transport the uniforms from another city, this should have tended to make his bid the low bid, but since it did not, he tends to want to vote for the low bidder in this situation. Those in favor of voting for the low bidder, U. 5. Uniform Supply, were: Councilmenbers Dowling, Tavenner, Davis, Brown, Howard and Mayor Nash. Those in opposition to this motion were: Councilmernbers Monday, Barrett and Hodges. The motion, however, passed. Councilmember Monday noted the Council may want to take a look, in situations like this, at the idea that is being proposed before it goes out for bids to identify just what those bid specificaions might be so they can be reviewed in that case. She said she agrees with the Mayor that this should be stated up- front. She noted she voted "no" in this issue because she considers this to be a service and not a product. She noted there may be other situations like this that the Council may wish to discuss with Mr. Keys before going out for bids. Mayor Nash advised Mr. Gene Pipes, City Manager to try to incorporate this idea into the city's operations. Chairs for Council Chambers, Conference Room and offices to Wilson Business Products at 57,866. Mayor Nash noted it is the staff's recommendation to award the bid for 24 replacement chairs for the City Council and the Conference Room to the lowest bid meeting specifications submitted by Wilson Business Products Systems and Service, Inc. for $7,866 to be funded from the 510,200 approved after the third quarter budget adjustments to the Council's budget. it was noted the chairs would be executive style office chairs which are adjustable in height and tilt tension. Councilmember Hodges made the motion to award the bid as recommended by staff and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. New Addition Paving and Drainage Project to R. T. Montgomery Construction Company, Inc. in the amount of $845,404 with authorization to delete by change order the fencing item in the amount of $37,912 and reducing the unclassified street excavation by $2,048 for a total of $39,960 to be paid frun allocated and surplus federal funds. Mayor Nash noted the Council instructed staff last week to work with the contractor in an effort to negotiate their bid into the monies available. He noted the City Attorney, Scott Bounds, advises that this procedure will not comply with HUD regulations as they forbid direct negotiations with the low bidder. He noted the staff now has reduced the price by $39,960 by eliminating fencing and changing the hauling site of spoil dirt. Mayor Nash noted, however, that in looking at the list of monies available, it was found there was $731,000 available to fund this $845,000 bid; less the $55,000 set aside for park development, for which no monies have yet been spent. Mayor Nash noted were still about $74,000 short even with the 539,960 savings. Mr. Pipes noted if the rest rooms are deleted from the park development plans, we could come up with another 525,000. He noted enough funds would be available in the parks allocation to build a suitable park facility without the restrooms, which are very difficult to maintain in a park setting. Councilmember Monday commented that with the decrease that we will have, she would hope that we would set that aside and dedicate it to the park concept and then visit with the HISD to establish plans and priorities and draw our plans around that amount. Mr. Pipes noted the park fund has $40,000 and there is also a 520,000 contingency figure in year three that is not figured in here anywhere. Mayor Nash asked that there be a $40,000 park fund and that the Council make a motion to reserve $40,000 for the park fund and to approve the contract bid amount of $845,404 to R. T. Montgomery Construction Company, Inc. Councilmember Howard made the motion to approve of the $40,000 park fund and to award the bid to R. T. Montgomery Construction Company, Inc. in the amount of $845.404 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. (Note: the balance of funds needed will be taken from various other line it-em budga—f yures.] CONSIDER ORDINANCE Consider Ordinance No. 84 -8 -7.1 concerning Delivery and Acceptance Certificate of Obligation for a residential sanitation compactor truck in the amount of $42,571 to be issued at 10.2 percent interest as bid by Basic Waste Systems, Inc. Mayor Nash presented this ordinance, the caption of which is styled as follows, that reflects the lone bid received from J. H. Neiderhofer at 10.2 %. ORDINANCE NO. 84 -20 AN ORDINANCE APPROVING CLAiM AND DELIVERY OF CERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED HERETO. [$42,571 at 10.2% interest for four years for a Rear Loading Garbage truck] Councilmember Monday made the motion to approve of the Ordinance andbidand Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ARCHITECT Consider authorization for the City Manager to retain an architectural consultant to review, redraft and rebid the Service Center Project Mr. Pipes, City Manager, advised the Council of an architectural firm from Lufkin which would take on the review of this,project. He noted an architect by the name of Dennis Ulticanis reviewing plans and specifications He estimates it will require 300 hours of professional services overall or about twonthirds of a full job in terms of work needed to take responsibility for that set of plans done by the staff. Mr. Pipes said all of the necessary elements and details are in the plans, but they are not in the standard architectural form and some revisions will need to be made on the sheets and specifications. Mr. Pipes noted 208 hours of the architect's personal time will be involved as well as 16 hours for mechanical review, 8 hours for slab review, etc, The Council was advised that his involvement will cost an estimated $12,000- $16,000, which amounts to 4% or 2 /3rds of the standard fee equivalent of architectural consultant fees. Mr. Pipes noted he is the only architect the City has contacted. He noted if the Council feels this fee is reasonable, the staff will check out his other professional work and prepare a contract. He noted some of the money for this project will not be available until October 1; however, the architect indicated it will take him some 60 days to get this wort: done and redrawn to his satisfaction before we can go back out for bids. Mayor Nash asked if his work would include inspection. Mr. Pipes noted this had not been discussed as a part of his work. Mayor Nash then recommended to the Council that it pursue this agreement. He felt it is well within the scope that this amount of money can be saved in this project. He noted we must have a set of plans that we can get bids on and we are going to have to pay something to get them. He also advised that he would like to see the staff negotiate with the architect and enter into an agreement with him to do the inspec- tion, Councilmember Dowling indicated his confusion as to why we needed an architect to put up a steel building. He noted we have already put a massive amount of city staff time into this project and now were considering spending five figures for an architect. He noted he finds it difficult to comprehend what the problem is here. Councilmember Hodges noted the city should have started with an architect in the first place rather than take on a responsibility for which it has no staff expertise. Mayor Nash noted he would like the Council's authorization for the City Manager to negotiate this contract with the architect to include inspection services with a dollar amount limit of not to exceed $16,000, and that this contract be brought back to the Council for approval when it is finalized. He noted the costs may be increased if inspection services are added in but that this will be for the City Manager to negotiate. Councilmember Davis made the motion to authorize the City Manager to retain an architectural consultant not to exceed $16,000 with the stipulation that he will be contracted to do the necessary inspections throughout the completion of the contract and Councilmember Monday seconded the motion. Those in favor were: Councilmembers Monday, Barrett, Hodges, Howard, Davis, Tavenner and Brown and Mayor Nash. Those in opposition: Councilmember Dowling. The motion, however, passed. REQUEST FOR TEMPORARY OFFICE SPACE Consider a request'from Brazos Transit System for in -kind match temporary office space for their program. Mayor Nash noted Mr. John M. McBeth, Executive Assistant for Transit Operations, Brazos Transit System, has requested temporary office space in a city facility until approximately October of 1985, when the County will provide this space. Mr. Pipes noted the only space available at all would be in the NEAP building. Mr. Pipes noted the only inconvenience to the city would be the delay or postponement of the annual book auction of the library, which is usually held in this area. He noted it is the council's decision as to whether this is an appropriate in -kind match for the city. Councilmember Hodges made the motion to authorize the use of this space for the Brazos Transit Systeni from August 15, 1984 until April 1, 1985, and Councilmember Munddy seconded the motion. Councilmember Brown felt the agreement between Brazos Transit System and the City should address-the amount of space being provided, the liability, utilities, parking, etc. He noted he would prefer that the motion be that the staff is authorized to prepare an agreement for this office space covering these items to be brought back to the Council at the next meeting for their review. Councilmember Hodges then amended his motion to include the specifics, such as amount of space, liability, utilities, parking,ttc. as suggested by Councilmember Brown, to be brought back to the Council next week and Councilmember Monday accepted this amendment to the motion. Councilmember Davis expressed concern that in Brazos Transit's initial presentation, he does not recall the requirement for "in- kind" support as it appeared at that time that this would be a private entity operating with special grants. He noted the City may find itself having to fund this entity in the future at a much more significant dollar amount. Councilmember Hodges noted they have asked for our assistance for some six months and they have not asked for dollars. He felt overall this is a very good thing for all of the citizens of our community because it will transport lots of folks around town who otherwise would not have transportation. Councilmember Davis noted he could be "for" that idea, that.it is a one-time (six month) contribution and no more. Councilmember Monday noted this agency is working with five other entities in the Huntsville area and all will be expected to parti- cipate in some part and she felt providing this office space was a very niinimal contribution on the city's part. Councilmember Dowling also did not recall the in -kind match contribution requirement and he clarified that Brazos Transit System is not an agency but rather a not -for profit corporation and not a governmental entity. Councilmember Dowling noted his grave concern that this violates the Huntsville City Charter and he intended to vote against this agreement. He clarified that there is a prohibition on the use of public property for private use. He noted he has not seen the "needs assessment survey" that was supposedly conducted. He noted to use an anology, this is like someone trying to give us a kitten. Mayor Nash noted he agrees that Huntsville is not the size city that needs to get into the public transportation business and he noted it is not the intention here that it do so. He noted, however, that Huntsville is unique because of TDC, SHSU, and the museum and tourism. He noted while he is strongly against the city's involvement in a transit system, he noted we would be agreeing in this agreement to a very specific thing that does not involve any direct expen- diture of money on behalf of the city, but primarily the use of a facility that would otherwise not be used during that particular time period. He noted he has no desire to become any nore involved in public transpor- tation business than the limits of this proposed contract for office space for six months. He noted he would be quick to back off of this agreement if he saw too many ripples or he didn't think it was an appropriate program for the community. He noted he will vote for this agreement, but very, very reluctantly, noting he agrees with Councilmembers Dowling and Davis. He also did not anticipate this type of involvement after having reviewed the initial presentation. He then called for a vote on the motion to authorize the use of the building known as the HEAP Building from August 15, 1984 to April 1, 1985 by the Brazos Transit System, with the contract to be prepared as discussed for the Council's review at the next meeting. Councilmeinbers Monday, Barrett, Hodges, Howard, Tavenner, Brown and Mayor Nash voted for the motion and Councilmembers Dowling and Davis voted against the motion. The motion, therefore, passed by a vote of 7 to 2. CONSIDER APPLICATION FOR AIRPORT IMPROVEMENTS Consider a proposal to submit an application to the FAA for Phase VI1 airport improvements in conformanc the Airport Master Plan. Mayor Nash noted it is the staff's reconmendation as well as our airport master plan consultant's recom- mendation that we submit our application to FAA for Phase VII for airport improvements. He noted this program would add a taxiway to an area that would provide for additional hangars„add a new roadway from Highway 75 North down to the terminal building that would be adjacent to the new hangar facility. It would add new parking areas adjacent to the new terminal and it would add taxiway lighting. He noted it would fund land acquisition of 16 acres. Gene Pipes, City Manager, noted the City has acquired 81 acres at the end of the runway for a clear zone. He noted this is the method by which FAA will repay us for that, in increments that will roughly match the local match. Mayor Nash noted the City should have approximately a $200,000 credit for that land. He noted FAA will let us use it up like this as our match, so, in effect, we don't have a match on this applica- tion. Gene Pipes, City Manager, also noted we have a grant application pending to pay the City cash for that so we can bank the difference, but the fact is this application has a much smaller chance of being approved. Councilmember Brown made the motion to submit the application as outlined above and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Councilmember Dowling asked for the status on the plans for the new hangars. Gene Pipes, City Manager, noted this is the responsibility of the Fixed Base Operator leasing the airport. He noted they are presently in the planning stages of that with their plans now being complete. He noted they ware waiting for this current contract to get underway so that they could get access to the site designated to build the hangars. He noted the hangars will be built immediately on the heels of this taxiway -apron extension project which is presently under contract. He noted this additional work then will tie right in on the heels of that. CITY MAiIAGER'S REPORT Gene Pipes, City Manager Mr. Pipes noted several weeks ago, the Council reviewed the set -back problems the First National Bank's contractor and architect were experiencing. He noted this problem has been resolved by devising an agreemnt between the two abutting property owners that they acknowledge that this FNB motor bank facility building will be within one foot of their property line and they have accepted this and FNB has acknowledged this to the heirs of those properties. He noted this does not in anyway change the criteria on the building or create a situation where we have a variance procedure for the setbacks, etc. He noted the Council now needs to address the general criteria, the downtown business district and what it constitutes. He noted the staff is now waiting for the completion of the CBD plan through the Planning Commission, which can contribute significantly to our discussions. He noted the staff can develop a proposal to develop a variance procedure if the Council so desires, although he did not feel the Council would want to become involved in set -back criteria and building standards on a case by case basis because it will very shortly become inundated by a number of cases which will detract from general policy matters. He noted the three exits on Avenue N from the motor bank facility problem was appealed to the Board of Adjustments and Appeals which ruled in favor of -FNB. Executive Session. Mr. Pipes noted the executive session regarding pending litigation needs to resume after the formal meeting. He noted no action will be taken, but the Council needs to complete its discussions. COUNCIL ACTION Rabbies Situation Councilmember Monday asked the news media to convey to the public what the local health officials had to say about rabbles, stray animals, inoculations, etc. so that they will be aware of the proposed program. A Page 444 - -burr, Fire Hydrant Maintenance Program -- Councilmember Dowling Councilmember Dowling asked the status of the City's fire hydrant maintenance program. Boyd Wilder, Director of Public Utilities, noted the entire system has been checked me time. He noted the plan is to check each fire hydrant once each six months. Councilmember Dowling said he noticed one that has not been repainted. Mr. Wilder noted someone didn't like the green and white color the city painted it. it was noted it is a misdemeanor to paint a fire hydrant by unauthorized personnel. Councilmember Tavenner asked if the blue reflectors had been placed in the streets city -wide to mark the locations of hydrants. Mr. Pipes noted we are only one -third complete in this regard. Mr. Wilder noted the city only had funding for about one - fourth of the hydrant locations and all of those were marked in one afternoon. West Beltway Election- -Bond Issue -- Councilmember Brown Councilmember Brown noted he did not recall the city's involvement in this issue. Mayor Nash rioted the City Council was reported to have declined taking a position on the bond issue, but in fact, no one has asked the Council for their comment or to take .a position one way or the other. He noted from the research, it is correct that in 1980, the then City Council, four of which are still on the Council, did approve the concept and the trip to,Austin to request that the State Highway Department fund or initiate wbrk to have a west belt- way. He noted we are really talking about a bond program now, and not a west beltway. He noted his concern about the Council making a statement about a county bond program. He noted he would hope the County would not make a comment about a city bond program or HISD on a city bond program. He noted the city apparently felt four years ago that a west beltway, built by the state, was an appropriate project. He noted this was an appropriate action to take because it didn't involve anyone, but he did not feel the city should take a position on a bond issue. He noted however that he does feel a westbelt would be important to the traffic situation in Huntsville, specifically the northern section to complete the loop of east -west traffic, so as not to funnel that traffic back to Highway 75N to the Highway 30 intersection. Councilmember Brown just felt it important to review the actions of the Council four years ago. Councilmember Hodges noted he agrees with Mr. Nash regarding the importance of the beltway to move the traffic. New Water Tower -- Councilmember Brown Councilmember Brown asked when we will have water in our new water tower. Mr. Pipes noted the sand- blasting and painting is on - going. He noted we can't move the general contractor back in to work on the second story of the water tower or the other major slab pouring (floor slab in water tower itself), until the painting contractor is finished. He noted beyond this the aprons and all of the piping and tie -ins in the yard fall on the heels of all of this other structural work. He noted he could not speculate when the tower would be ready to fill. RECESS TO EXECUTIVE SESSION Executive Session The Council then recessed into Executive Session to resume their discussions regarding pending litigation. WORK SESSION After the Executive Session, during which no actions were taken, the Council then began their work session on the 1984 -1985 budget decision packages, as scheduled. ADJOURNMENT Respectfully submitted, utlr DeShaw, City Secretary' August 7, 1984 MINUTES .OF THE CITY COUNCIL MEETING HELD IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL IN HUNTSVILLE, WALKER COUNTY, TEXAS ON THE 7TH DAY OF AUGUST, A.D., 1984 AT 7,00 P.M. William V. Nash, Mayor Eugene 0. Barrett Murray A. Brown Stephen E. Davis Jerry L. Dowling Bill Hodges Percy Howard, Jr. Jane Monday Bob Tavenner City Officers Present: Gene Pipes, City Manager Scott Bounds, City Pttorney The Council met in executive session at 6:30 P.M. to discuss pending litigation regarding Embessi Vs.French, No formal action was taken by the Council after this session. FORMAL MEETING The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented ty Councilmember Percy Howard, Jr. CONSIDER THE MINUTES OF JULY 31, 1984 Councilmember Monday made the motion to approve of the niinutes of the meeting of July 31, 1984 as presented and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Dr. John Haenosh, City of Huntsville Medical Officer, to discuss the current rabbies problem Dr. Haenosh suggested some preventive medicine with regard to the rabbles threat, citing some recent cases. He warned that if one contracts rabbles, death is certain as there is no cure for it. He noted we have fallen behind in recent years in the vacination of animals. He noted we need to concentrate on preparedness, vacination of animals and control of stray dogs. He noted the city and county have both indicated their interest in coop- erating monetarily in a vacination drive and he has been working with the local veternarians. He hopes to come back in two weeks with a formal plan of action. It was noted Dr. Gebre Selassie is the County Health Officer and that he is working with Dr. Haenosh in this regard. Councilmember Monday commended them for their joint effort in this regard and she indicated her support of the project. Councilmember Davis noted most of the carriers of this disease are skunks, which are animals not controlled. Mayor Nash noted it is possible to offer the animal control officer some additional assistance to accelerate thisyprogram. It was noted the city only has about 50 kennel spaces available at Dr. Kelley's facility. Councilmember Dowling felt the Council should defer to the recommendations of the local health officers and veternarians in this regard. Councilmember Tavenner suggested we involve the assistance of the Rita 8. Huff Humane Society in this project. Gene Pipes, City Manager, noted the animal control activities will be "stepped up" significantly over the next few weeks. He noted we do have a leash law and a fencing requirement for animals. CONSIDER THE FOLLOWING BIDS Uniform Rental Contract to U. S. Uniform Supply at $5.30 per nian per week. Councilmember Brown made the motion to award the contract for uniform rental to U. S. Uniform Supply at 55 10 per man per week and Councilmember Monday seconded the motion. Discussion: Councilmember Hodges expressed his preference to deal with local vendors and he felt the difference in cost of some $32.00 per week was not significant enough to change from our usual local vendor (Quality Uniform Supply at $5.70 per man per week). He noted he will vote against his motion. Scott Bounds, City Attorney, reviewed the law on bidding procedures summarizing that the issue is not financial responsibility but rather what 1s the lowest and best bid and he said he felt this was still up to the discretion of the City Council. Councilmember Monday noted she views this contract as a service rather than a product and she too feels the local vendor can offer better service because it is local. Mayor Nash did not feel the city should discourage outside vendors from bidding, although he agreed with the comments made by the Council this evening. He noted if we intended to require the vendor to be local, then it should have been bid that way. He noted if we do not remain in the competitive bid process, well be dealing with just one company- -the local one. Mayor Nash noted since the local vendor does not have to transport the uniforms from another city, this should have tended to make his bid the low bid, but since it did not, he tends to want to vote for the low bidder in this situation. Those in favor of voting for the low bidder, U. S. Uniform Supply, were: Councilmenbers Dowling, Tavenner, Davis, Brown, Howard and Mayor Nash. Those in opposition to this motion were: Councilmenbers Monday, Barrett and Hodges. The motion, however, passed. Councilmember Monday noted the Council may want to take a look, in situations like this, at the idea that is being proposed before it goes out for bids to identify just what those bid specificaions might be so they can be reviewed in that case. She said she agrees with the Mayor that this should be stated up- front. She noted she voted "no" in this issue because she considers this to be a service and not a product. She noted there may be other situations like this that the Council may wish to discuss with Mr. Keys before going out for bids. Mayor Nash advised Mr. Gene Pipes, City Manager to try to incorporate this idea into the city's operations. Chairs for Council Chambers, Conference Room and offices to Wilson Business Products at $7,866. Mayor Nash noted it is the staff's recommendation to award the bid for 24 replacement chairs for the City Council and the Conference Room to the lowest bid meeting specifications submitted by Wilson Business Products Systems and Service. Inc. for $7.866 to be funded from the $10,200 approved after the third quarter budget adjustments to the Council's budget. It was noted the chairs would be executive style office chairs which are adjustable in height and tilt tension. Couricilmenber Hodges made the motion to award the bid as recommended by staff and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. New Addition Paving and Drainage Project to R. T. Montgomery Construction Company, Inc. in the amount of ,5845,404 with authorization to delete by change order the fencing item in the amount of $37,912 and reducing the unclassified street excavation by $2,048 for a total of $39,960 to be paid from allocated and surplus federal funds. Mayor Nash noted the Council instructed staff last week to work with the contractor in an effort to negotiate their bid into the monies available. He noted the City Attorney, Scott Bounds, advises that this procedure will not comply with HUD regulations as they forbid direct negotiations with the low bidder. He noted the staff now has reduced the price by $39,960 by eliminating fencing and changing the hauling site of spoil dirt. Mayor Nash noted, however, that in looking at the list of monies available, it was found there was $731,000 available to fund this $845,000 bid; less the $55,000 set aside for park development, for which no monies have yet been spent. Mayor Nash noted were still about $74,000 short even with the $39,960 savings. Mr. Pipes noted if the rest rooms are deleted from the park development plans, we could come up with another 525,000. He noted enough funds would be available in the parks allocation to build a suitable park facility without the restrooms, which are very difficult to maintain in a park setting. Councilmember Monday commented that with the decrease that we will have, she would hope that we would set that aside and dedicate it to the park concept and then visit with the HISD to establish plans and priorities and draw our plans around that amount. Mr. Pipes noted the park fund has $40,000 and there is also a $20,000 contingency figure in year three that is not figured in here anywhere. Mayor Nash asked that there be a $40,000 park fund and that the Council make a motion to reserve $40,000 for the park fund and to approve the contract bid amount of $845,404 to R. T. Montgomery Construction Company, Inc. Councilmember Howard made the motion to approve of the $40,000 park fund and to award the bid to R. T. Montgomery Construction Company, Inc. in the amount of 5845.404 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. INote: the balance of funds needed will be taken from various other line item— budget figures.] CONSIDER ORDINANCE Consider Ordinance No. 84 -8 -7.1 concerning Delivery and Acceptance Certificate of Obligation for a residential sanitation compactor truck in the amount of $42,571 to be issued at 10.2 percent interest as bid by Basic Waste Systems, Inc. Mayor Nash presented this ordinance, the caption of which is styled as follows, that reflects the lone bid received from J. H. Neiderhofer at 10.2 %. ORDINANCE NO. 84 -20 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED HERETO. [$42,571 at 10.2% interest for four years for a Rear Loading Garbage truck] Councilmember Monday made the motion to approve of the Ordinance andbidand Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ARCHITECT Consider authorization for the City Manager to retain an architectural consultant to review, redraft and rebid the Service Center Project Mr. Pipes, City Manager, advised the Council of an architectural firm from Lufkin which would take on the review of this project. He noted an architect by the name of Dennis Ulticanis reviewing plans and specifications He estimates it will require 300 hours of professional services overall or about two thirds of a full job in terms of work needed to take responsibility for that set of plans done by the staff. Mr. Pipes said all of the necessary elements and details are in the plans, but they are not in the standard architectural form and some revisions will need to be made on the sheets and specifications. Mr. Pipes noted 208 hours of the architect's personal time will be involved as well as 16 hours for mechanical review, 8 hours for slab review, etc. The Council was advised that his involvement will cost an estimated $12,000 - $16,000, which amounts to 4% or 2 /3rds of the standard fee equivalent of architectural consultant fees. Mr. Pipes noted he is the only architect the City has contacted. He noted if the Council feels this fee is reasonable, the staff will check out his other professional work and prepare a contract. He noted some of the money for this project will not be available until October 1; however, the architect indicated it will take him some 60 days to get this work done and redrawn to his satisfaction before we can go back out for bids. Mayor Nash asked if his work would include inspection. Mr. Pipes noted this had not been discussed as a part of his work. Mayor Nash then recommended to the Council that it pursue this agreement. He felt it is well within the scope that this amount of money can be saved in tnis project. He noted we must have a set of plans that we can get bids on and we are going to have to pay something to get them. He also advised that he would like to see the staff negotiate with the architect and enter into an agreement with him to do the inspec- tion. Councilmember Dowling indicated his confusion as to why we needed an architect to put up a steel building. He noted we have already put a massive amount of city staff time into this project and now were considering spending five figures for an architect. He noted he finds it difficult to comprehend what the problem is here. Councilmember Hodges noted the city should have started with an architect in the first place rather than take on a responsibility for which it has no staff expertise. Mayor Nash noted he would like the Council's authorization for the City Manager to negotiate this contract with the architect to include inspection services with a dollar amount limit of not to exceed $16,000, and that this contract be brought back to the Council for approval when it is finalized. He noted the costs may be increased if inspection services are added in but that this will be for the City Manager to negotiate. Councilmember Davis made the motion to authorize the City Manager to retain an architectural consultant not to exceed $16,000 with the stipulation that he will be contracted to do the necessary inspections throughout the completion of the contract and Councilmember Monday seconded the motion. Those in favor were: Councilmembers Monday, Barrett, Hodges, Howard, Davis, Tavenner and Brown and Mayor Nash. Those in opposition: Councilmember Dowling. The motion, however, passed. REQUEST FOR TEMPORARY OFFICE SPACE Consider a request'from Brazos Transit System for in -kind match temporary office space for their program. Mayor Nash noted Mr. John M. McBeth, Executive Assistant for Transit Operations, Brazos Transit System, has requested temporary office space in a city facility until approximately October of 1985, when the County will provide this space. Mr. Pipes noted the only space available at all would be in the HEAP building. Mr. Pipes noted the only inconvenience to the city would be the delay or postponement of the annual book auction of the library, which is usually held in this area. He noted it is the council's decision as to whether this is an appropriate in -kind match for the city. Councilmember Hodges made the motion to authorize the use of this space for the Brazos Transit System from August 15, 1984 until raTi1 1, 1985, seconded the motion. Councilmember Brown felt the agreement between Brazos Transit System and the City should address the amount of space being provided, the liability, utilities, parking, etc. He noted he would prefer that the motion be that the staff is authorized to prepare an agreement for this office space covering these items to be brought back to the Council at the next meeting for their review. Councilmember Hodges then amended his motion to include the specifics, such as amount of space, liability, utilities, parking, tc. as suggested by Councilmember Brown, to be brought back to the Council next week and Councilmember Monday accepted this amendment to the motion. Councilmember Davis expressed concern that in Brazos Transit's initial presentation, he does not recall the requirement for "in- kind" support as it appeared at that time that this would be a private entity operating with special grants. He noted the City may find itself having to fund this entity in the future at a much more significant dollar amount. Councilmember Hodges noted they have asked for our assistance for some six months and they have not asked for dollars. He felt overall this is a very good thing for all of the citizens of our community because it will transport lots of folks around town who otherwise would not have transportation. Councilmember Davis noted he could be "for" that idea, that.it is a one -time (six month) contribution and no more. Councilmember Monday noted this agency is working with five other entities in the Huntsville area and all will be expected to parti- cipate in some part and she felt providing this office space was a very minimal contribution on the city's part. Councilmember Dowling also did not recall the in -kind match contribution requirement and he clarified that Brazos Transit System is not an agency but rather a not -for profit corporation and not a governmental entity. Councilmember Dowling noted his grave concern that this violates the Huntsville City Charter and he intended to vote against this agreement. He clarified that there is a prohibition on the use of public property for private use. He noted he has not seen the "needs assessment survey" that was supposedly conducted. He noted to use an anology, this is like someone trying to give us a kitten. Mayor Nash noted he agrees that Huntsville is not the size city that needs to get into the public transportation business and he noted it is not the intention here that it do so. He noted, however, that Huntsville is unique because of TDC, SHSU, and the museum and tourism. He noted while he is strongly against the city's involvement in a transit system, he noted we would be agreeing in this agreement to a very specific thing that does not involve any direct expen- diture of money on behalf of the city, but primarily the use of a facility that would otherwise not be used during that particular time period. He noted he has no desire to become any more involved in public transpor- tation business than the limits of this proposed contract for office space for six months. He noted he would be quick to back off of this agreement if he saw too many ripples or he didn't think it was an appropriate program for the community. He noted he will vote for this agreement, but very, very reluctantly, noting he agrees with Councilmembers Dowling and Davis. He also did not anticipate this type of involvement after having reviewed the initial presentation. He then called for a vote on the motion to authorize the use of the building known as the HEAP Building from August 15, 1984 to April 1, 1985 by the Brazos Transit System, with the contract to be prepared as discussed for the Council's review at the next meeting. Councilmembers Monday, Barrett, Hodges, Howard, Tavenner, Brown and Mayor Nash voted for the motion and Councilmembers Dowlig9 and Davis voted against the motion. The motion, therefore, passed by a vote of 7 to 2. CONSIDER APPLICATION FOR AiRPORT IMPROVEMENTS Consider a proposal to submit an application to the FAA for Phase VII airport improvements in conformance with the Airport Master Plan. Mayor Nash noted it is the staff's neconmendation as well as our airport master plan consultant's recom- mendation that we submit our application to FAA for Phase VII for airport improvements. He noted this prograni would add a taxiway to an area that would provide for additional hangars „add a new roadway from Highway 75 North down to the terminal building that would be adjacent to the new hangar facility. It would add new parking areas adjacent to the new terminal and it would add taxiway lighting. He noted it would fund land acquisition of 16 acres. Gene Pipes, City Manager, noted the City has acquired 81 acres at the end of the runway for a clear zone. He noted this is the method by which FAA will repay us for that, in increments that will roughly match the local match. Mayor Nash noted the City should have approximately a $200,000 credit for that land. He noted FAA will let us use it up like this as our match, so, in effect, we don't have a match on this applica- tion. Gene Pipes, City Manager, also noted we have a grant application pending to pay the City cash for that so we can bank the difference, but the fact is this application has a much smaller chance of being approved. Councilmember Brown made the motion to submit the application as outlined above and Councilmember Monday seconded the motion. All were in favor and the motion gassed unanimously. Councilmember Dowling asked for the status on the plans for the new hangars. Gene Pipes, City Manager, noted this is the responsibility of the Fixed Base Operator leasing the airport. He noted they are presently in the planning stages of that with their plans now being complete. He noted they were waiting for this current contract to get underway so that they could get access to the site designated to build the hangars. He noted the hangars will be built immediately on the heels of this taxiway -apron extension project which is presently under contract. He noted this additional work then will tie right in on the heels of that. CITY MANAGER'S REPORT Gene Pipes, City Manager Mr. Pipes noted several weeks ago, the Council reviewed the set -back problems the First National Bank's contractor and architect were experiencing. He noted this problem has been resolved by devising an agreeuent between the two abutting property owners that they acknowledge that this FNB motor bank facility building will be within one foot of their property line and they have accepted this and FNB has acknowledged this to the heirs of those properties. He noted this does not in anyway change the criteria on the building or create a situation where we have a variance procedure for the setbacks, etc. He noted the Council now needs to address the general criteria, the downtown business district and what it constitutes. He noted the staff is now waiting for the completion of the CBD plan through the Planning Commission, which can contribute significantly to our discussions. He noted the staff can develop a proposal to develop a variance procedure if the Council so desires, although he did not feel the Council would want to become involved in set -back criteria and building standards on a case by case basis because it will very shortly become inundated by a number of cases which will detract from general policy matters. He noted the three exits on Avenue N from the motor bank facility problem was appealed to the Board of Adjustments and Appeals which ruled in favor of•FNB. Executive Session. Mr. Pipes noted the executive session regarding pending litigation needs to resume after the formal meeting. He noted no action will be taken, but the Council needs to complete its discussions. COUNCIL_ACTION Rabbles Situation Councilmember Monday asked the news media to convey to the public what the local health officials had to say about rabbies, stray animals, inoculations, etc. so that they will be aware of the proposed program. Page 444 - -bu.n , Fire Hydrant Maintenance Program -- Councilmember Dowling Councilmember Dowling asked the status of the City's fire hydrant maintenance program. Boyd Wilder, Director of Public Utilities, noted the entire system has been checked are time. He noted the plan is to check each fire hydrant once each six months. Councilmember Dowling said he noticed one that has not been repainted. Mr. Wilder noted someone didn't like the green and white color the city painted it. It was noted it is a misdemeanor to paint a fire hydrant by unauthorized personnel. Councilmenber Tavenner asked if the blue reflectors had been placed in the streets city -wide to mark the locations of hydrants. Mr. Pipes noted we are only one -third complete in this regard. Mr. Wilder noted the city only had funding for about one - fourth of the hydrant locations and all of those were marked in one afternoon. West Beltway Election - -Bond Issue -- Councilmember Brown Councilmember Brown noted he did not recall the city's involvement in this issue. Mayor Nash noted the City Council was reported to have declined taking a position on the bond issue, but in fact, no one has asked the Council for their comment or to take.a position one way or the other. He noted from the research, it is correct that in 1980, the then City Council, four of which are still on the Council, did approve the concept and the trip to,Austin to request that the State Highway Department fund or initiate wbrk to have a west belt- way. He noted we are really talking about a bond program now, and not a west beltway. He noted his concern about the Council making a statement about a county bond program. He noted he would hope the County would not make a comment about a city bond program or HISD on a city bond program. He noted the city apparently felt four years ago that a west beltway, built by the state, was an appropriate project. He noted this was an appropriate action to take because it didn't involve anyone, but he did not feel the city should take a position on a bond issue. He noted however that he does feel a westbelt would be important to the traffic situation in Huntsville, specifically the northern section to complete the loop of east -west traffic, so as not to funnel that traffic back to Highway 75N to the Highway 30 intersection. Councilmember Brown just felt it important to review the actions of the Council four years ago. Councilmember Hodges noted he agrees with Mr. Nash regarding the importance of the beltway to move the traffic. New Water Tower -- Councilmember Brown Councilmember Brown asked when we will have water in our new water tower. Mr. Pipes noted the sand- blasting and painting is on - going. He noted we can't move the General contractor back in to work on the second story of the water tower or the other major slab pouring (floor slab in water tower itself), until the painting contractor is finished. He noted beyond this the aprons and all of the piping and tie -ins in the yard fall on the heels of all of this other structural work. He noted he could not speculate when the tower would be ready to fill. RECESS TO EXECUTIVE SESSIO Executive Session The Council then recessed into Executive Session to resume their discussions regarding pending litigation. WORK SESSION After the Executive Session, during which no actions were taken, the Council then began their work session on the 1984 -1985 budget decision packages, as scheduled. ADJOURNMENT Respectfully submitted, Ruth DeShaw, City Secretary August 7, 1984