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MIN CC 11/27/1984MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 27TH DAY OF NOVEMBER, 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: City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney Ruth DeShaw, City Secretary William V. Nash, Mayor 0. Eugene Barrett Murray A. Brown Stephen E. Davis Jerry L. Dowling Bill Hodges Percy Howard, Jr. Jane Monday Bob Tavenner The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by the City Manager, Gene Pipes. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Davis made the notation that the minutes of November 13, 1984 reflect his vote FOR the annexation of the Henderson Land Company /April Point Mobile Home Park /Knotts Mobile Home Park, when in actuality he voted against this motion to annex these areas. The minutes correctly reflected the vote of 5 to four, but did not list Councilmember Davis with those who opposed this motion. The minutes will be so corrected. Upon consideration of this change then, Councilmember Monday made the motion to approve of the minutes as corrected and Councilmember Dowling seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Mr. Curtis Ellisor, Walker County Commissioner, to request city's participation in a joint - paving project of these streets in the newly annexed area of Fish Hatchery Road Mr. Ellisor advised the Council that some of the streets off of Fish Hatchery Road were in need of repair and that he had promised the residents that he would take care of the streets. He noted that it will cost around $38,000 to bring those streets into good condition and he asked the Council for their assistance in these costs, now that this area is inside the City limits. He noted this is the price to contract out this work. Mr. Pipes, City Manager, noted the service plan for this newly annexed area did not include repaving, but did include patching the potholes. He agreed, however, that these streets are some 14 -16 years old and at the pre- sent time, it may no longer be feasible to keep patching the patches. Mr. Pipes said that the city has not given indication to these residents that the city would pave these streets upon annexation and that there are no funds budgeted in FY 1984 -1985 to do so. Mr. Pipes noted if these streets are overlaid with sufficient asphalt material, they should last approximately ten years. Mr. Ellisor said he had planned to overlay the streets with 1 1/2 inches of hot mix asphalt which he would expect to last longer than ten years. Mayor Nash aivised Mr. Ellisor that these streets (Redbird, Bluebird, Mockingbird, etc.) are already inside the city as annexation became effective on November 13 (not January 1) and that the City has no funds budgeted to pave these streets, as Mr. Pipes noted. He noted he is aware of the commitments made by several county commissioners to the residents of several areas under consideration for annexation to have those areas paved whether they were annexed or not. Mayor Nash suggested that since the city has no budgeted funds for this purpose, and since it would not be appropriate to interrupt the priority schedule of those streets set for paving earlier, that Mr. Ellisor perform whatever improvements he could within the commitment he has made to those residents and with the funds he has available, and then let the city take over the commitment from there. He noted he would not want those residents to have to live with the condition of those streets for another year or until the city can budget for those in its priority listing. Mayor Nash noted an option would be for Mr. Ellisor to transfer whatever funds he had budgeted for this work to the city and let the city put these funds into its regular maintenance account and then it could perhaps sealcoat these streets. Mr. Ellisor noted only one street could take a sealcoat at this time and the other three streets are beyond being salvaged by a sealcoat. Councilmember Dowling hesitated to turn down Mr. Ellisors' $19,000 share to do these streets noting if we wait until next budget year, it will be ours alone to finance. Mr. Ellisor noted if two more years go by, it will take three times that much money to get these streets upgraded. Councilmember Monday asked that this subject be referred to the staff to review regarding our paving and priority program to let them advise us as to where it might fit into the priority list, the amount of money were talking about, etc. Councilmember Dowling said the issue here is whether or not were going to come up with $19,000 in joint venture with Mr. Ellisor or are we going to thank him and tell him that we have other commitments to other folks. Mayor Nash noted his preference to ask the City Manager to visit with the Street Division and Mr. Ellisor to see if there is some middle ground that we can get to now. He said we need to look at it from the standpoint of whether it can be patched and sealcoated. Mr. Ellisor thanked the Mayor and Council for taking this matter under consideration, noting he'll be happy to work with the City. Mrs. Gayle Bullard to make a Request for a Limousine Service to Operate in Huntsville Mrs. Bullard noted her plans are still in their infancy and depend upon the Council's decision regarding potential plans to regulate limousine services. She noted her main concern is that she does not wish to be required to have a light on the top of her limousine, such as the taxicabs. Mayor Nash then asked the Council for their consideration of three ordinances, as follows: 1) to derequ- late taxicab service (recommendation of staff) and do nothing in regard to limousines or bus traffic; 2) to amend taxicab ordinance to exclude limou9 nes and bus traffic from the ordinance; or 3) to adopt an ordinance to include limousine services as part of the taxicab ordinance. He then presented the first ordinance for considera tion. Deregulate Taxicab Services Mr. Pipes, City Manager, noted the staff recommends this ordinance. He noted there has been some dispute as to how effectively the city regulates taxis in the first place; bootleg taxicabs are operating inspite of it and escape our ability to effectively regulate and police them; and unless there is some compelling requirement either through unfair trade practices, a monopoly, to regulate taxicabs, he did not see a reason to continue their regulation. After some discussion regarding the need to regulate taxicabs for their mechanical safety, standardization of rates, sanitary condition of the cabs, monitoring of insurance requirements, etc. Council- member Monday asked what we give up if we deregulate, that is not being taken care of by the state. Mr. Bounds noted the city inspects the cabs each 90 days, whereas, the state would only require an annual inspec- tion. Councilmember Monday noted also we would lose the regulation of meters and rates. Councilmember Hodges made the motion to adopt the ordinance which would deregulate taxicabs and Councilmember Brown seconded the motion. Discussion: Councilmember Dowling noted although he basically favors this motion, he felt a little uncomfortable making this change without the comments of the existing taxicab owners who may or may not wish to be deregulated. Mr. Pipes noted 99% of the complaints about the illegal taxicabs come from the legal cab companies and he is not sure if the complaint is because they have to comply with the regulations and the illegal cabs are not and are still operating, or whether they are concerned that they have paid their fees and are owed protection which they feel they are not getting. Councilmember Davis noted his discomfort in deregulat- ing taxicab service in Huntsville because it is a city -wide transportation system and not regulated by any other entity and he felt it incumbent upon the city to protect its citizens from possible safety and rate abuse if the cab companies are left unchecked. He noted the law needs to be enforced regarding the "outlaw" taxicabs. Council- member Hodges noted it is difficult to enforce the law if the customers of the illegal cabs refuse to testify against them. Councilmember Monday expressed her preference to simply exempt limousine services. Councilmember Davis stressed the need for a limousine service to operate with the use of a contract identifying the time, date, price and length of service. Councilmember Dowling noted we don't concern ourselves with the bus schedules or Jartran or U -haul schedules and rates so he didn't think we needed to be concerned about limousines or taxis, not- ing it is not the city's business. He noted those taxicab companies who do comply with the rules are hamstrung by the rules while the illegals continue to operate. Mayor Nash felt requiring a written contract would be extremely difficult from a practical standpoint. Councilmember Dowling asked about the Brazos Transit Bus Company regarding who regulates them. Scott Bounds, City Attorney, noted Brazos Transit is concerned about the outcome of these deliberations, because it would affect them. He said if they are not specifically exempted, they will have to comply with whatever regulations the city decides to impose. Mayor Nash called for a vote on the motion to deregulate taxicabs. Councilmembers Brown, Dowling, Hodges and Mayor Nash voted FOR the motion to deregulate while Councilmembers Monday, Barrett, Howard Tavenner, and Davis voted OPPOSED to the motion to deregulate. The motion, therefore, failed to passby a vote of to 4. Mayor Nash then presented a second ordinance which would exempt limousine and fixed route transportation services from the taxicab regulations. Councilmember Hodges made the motion to adopt this ordinance, the caption of which is as follows: ORDINANCE NO. 84 -38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, EXEMPTING LIMOUSINE AND FIXED ROUTE TRANSPORTATION SERVICES FROM TAXICAB REGULATIONS. Councilmember Monday seconded the motion. Councilmembers Monday, Dowling, Barrett, Hodges, Howard, Davis, Tavenner voted FOR this motion and Councilmember Brown and Mayor Nash voted OPPOSED to this motion. The motion, however, passed by a vote of 7 to 2. CONTRACT CONSIDERATION Consider a services contract with the Chorale Society as recommended by the Arts Commission. Mayor Nash then presented this contract with the Huntsville Community Choral Society and Municipal Band Society to present musical programs, as follows: Fair on the Square Municipal Band Concert ($600); annual performance of "Messiah" ($2,800); annual Gilbert b Sullivan Opera ($3,600); fourth of July Band Concert ($1,800) and summer concerts for HEAP and High Noon Concerts ($1,200), totalling a city funding rate of $10,000 for this fiscal year. Councilmember Monday made the motion to approve of this contract and Councilmember Hodges seconded the motion. All were in favor of this motion and it passed unanimously. CONSIDER RESOLUTION Consider a resolution commending the Huntsville Arts Commission and staff Gene Pipes, City Manager, indicated this resolution recognizes the exemplary activities of the Huntsville Arts Commission through its representative, Linda Pease. He noted Linda prepared a display for the Texas Municipal League which depicted the local Arts Commission activities and how it has been turning dollars into a wide diver- sity of arts programs for the citizens of Huntsville. He noted the TML gave the city honorary recognition for its display and for participating in their program. He noted this resolution commends the Arts Commission and Linda Pease for a job being very well done. Councilmember Monday made the motion to adopt this resolution, the caption of which is as follows: RESOLUTION NQ. 84 -20 A RESOLUTION RECOGNIZING THE HUNTSVILLE ARTS COMMISSION FOR THEIR CONTRIBUTION TO THE IMPROVEMENT AND ENHANCEMENT OF THE QUALITY OF LIFE IN HUNTSVILLE BY MAXIMIZING ITS RESOURCES TO ENCOURAGE ARTISTIC PROGRAMS Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Mayor Nash then signed the proclamation and presented it to Arts Commissioner, Ms. Norma Allen, who received it on behalf of the Huntsville Arts Commission. Also in attendance to receive this resolution were Arts Commission members, Art Giroux, Leeanne Woodward, Coordinator, Linda Pease, and Commissioner Betty Herlong. CITY'S REQUEST FOR A TEXAS WATER COMMISSION PUBLIC HEARING Texas Water Commission letter qualifying support of T.D.C.'s permit application for a waste discharge permit Mayor Nash presented a proposed letter to the Texas Water Commission, authored by City Attorney Scott Bounds, which requests the Texas Water Commission hold a public hearing on the application described at 9 TEX.REG. 5752 (November 6, 1984) as: Texas Department of Corrections, Huntsville; wastewater treatment plant; approximately 3/8 mile southwest of the intersection of FM Road 2821 and State Highway 247 within the boundary of the Diagnostic Center in Walker County, 13004 -01; new permit. Mayor Nash noted the city specifically requests that TDC's request for application be granted under the following conditions: 1. The effluent limitations and the monitoring requirements for wastewater discharged by TDC in the City of Huntsville be the same or more stringent than those imposed upon the City of Huntsville's Parker Creek Wastewater Treatment Facility; and 2. TDC shall operate the proposed facility as a pretreatment plant and discharge into the City's sewer system until September 30, 1989; at such time TDC shall be permitted to discharge into Town Branch if the proposed treatment facility has a satisfactory performance record. z Mayor Nash noted it was the city's request, initially, that TDC do something to pretreat their wastes because of the excessive sludge their sewerage was creating at the City's Parker Creek Plant. He noted the plant TIC is building can completely treat the wastes from the Diagnostic Unit, Walls Unit and the Wynne Unit. He noted while we do not oppose the fact that complete treatment can be accomplished at this new plant, the City is concerned about the financial impact on the city if TDC withdraws immediately from using the Parker Creek Plant, which was designed and built to a size capable of handling their volume, although not the strength of their industrial waste products. He noted in conversations with TDC Director Procunier last summer, He agreed there was an implied agreement between TDC and the City with regard to this and that he was aware it would not be appropriate for TDC to pull out their payments to the City and leave the City hanging with the amortization of that plant. Mayor Nash said at that time Mr. Procunier asked for an amortization schedule so he could get it included in his budget and program. Mayor Nash noted this schedule is now available to review with Mr. Procunier and efforts have been made to set up a meeting with him to look at this schedule. He also noted he advised Mr. McCotter [TDC official] last week that the City likely would oppose the issuance of a permit for TDC's plant [friendly opposition] unless it be so qualified according to the two items mentioned above, which appear in Mr. Bounds' letter proposed for mail- ing. Mayor Nash noted this one objection the city has could be easily remedied by an agreement with TDC which would state that in lieu of having the date for their withdrawal set ahead that far, the agreement with the TDC Board could be designed where TDC would pay an amortized amount over that period of time to offset the costs and the other objection could be remedied with an agreement with the licensing or permitting board regarding effluent limitations and monitoring requirements for the wastewater. Mr. Nash noted for there to be a hearing, there must be a protest filed. Mayor Nash noted another protest has been filed by a private citizen, Mr. Bill Knotts, present here this evening. Mr. Knotts noted his information shows that TDC has never complied with any permit regulations attached to the permits they have received previously. He noted his concern is that he has land adjacent to the area of the proposed discharge for the treated wastes by TDC. He said in speaking to the Chief Clerk of the Texas Water Commission today, a hearing has still not been set. Mayor Nash noted the filing period for protests is not over until November 30 and a hearing would not be scheduled until after that date. Councilmember Monday made the motion to authorize the City Attorney to send the prepared letter to the Texas Water Commission establishing our concerns and request for a public hearing and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Mr. Knotts urged someone from the city to inform the people who have land involved in the discharge area because he said they are confused and do not realize the extent of this project or what the real concerns are in this situation. He noted especially Mr. Genoa McGuire is in need of some communication in this regard. Mayor Nash noted this is a good idea and this will be done. Mayor Nash noted there should not be a problem if the quality of the effluent is the same as is required for discharge from the City's Parker Creek Plant. CONSIDER ENTEX RATE INCREASE Consider a proposal from Entex to adjust their residential and small commercial gas rates by $1.02 per month as presented by Mr. Joe Larrison and other Entex Representatives [$60,000 increase to City residents] 1 Mayor Nash noted this was discussed in depth in the last meeting. He said as a result, two meetings have been held with Entex representatives and he recapped the discussions. He noted more information has been requested to answer some of the questions which arose out of the information provided earlier. He noted they will be back to address the Council on December 4 and to answer and explain the questions and new information. He asked that a motion be made here to table this item pending further discussion next week. Councilmember Monday made the motion to table this item and Councilmember Dowling seconded the motion. All were in favor and the motion passed unani- mously. CONSIDER WALKWAY LOAN Consider payment of $8,500 for the paver walkway on the City Hall side of Town Creek Park as requested by the Park Committee from Mainstreet Revenue Sharing allocation. Gene Pipes, City Manager, indicated he presented this item in the last meeting and it is now here as a formal request. He said the Town Creek Park Committee is requesting that the City pay $8,500 for the brick paver walkway on the City Hall side of the Town Creek Park with the expectation that the Town Creek Park Committee will continue to receive donations for improvements to Town Creek Park and it will then make donations back to the City in the amount equal to the $8,500. Mayor Nash noted we have funds in the Mainstreet Program that we could use to do this. Councilmember Monday asked if it would be stipulated when this money would be due back because the city does have plans for those Mainstreet funds. Mr. Pipes noted in talking with Bruce Graving, Chairman of this Committee, it is felt that a six month time period should be sufficient to recover those donations and that April 1 should be a suitable deadline and Mr. Graving saw no problem with this deadline. Councilmember Hodges made the motion that the city make a payment to the Town Creek Committee of $8,500 in payment for the brick walkway already laid behind City Hall and that as donations are made to the Committee, they will be sent to the City in repayment of the advance and that these contributions are anticipated within six months and Councilmember Monday seconded the motion. Councilmember Tavenner ABSTAINED from the voting due to a professional conflict. All other members of the Council and the Mayor voted FOR this motion and it passed. CONSIDER FINAL BUDGET ADJUSTMENTS Consider the final budget adjustments for the Fiscal Year 1983 -1984 and fund encumbrances Mayor Nash then presented the budget adjustments for the fiscal year ended September 30, 1984. In review- ing these adjustments, a discussion ensued regarding the $10,550 for delinquent tax attorney fees. Council - member Dowling summarized this item arose because our delinquent tax attorney had been working on collecting taxes for the City, for which work his fee is an added on 15% which is collected from each delinquent taxpayer; however, for whatever administrative reason, the City had not listed him as the attorney of record, therefore, he did the work, but the City was Ineligible to collect the 15% On a portion of those accounts; therefore the City owes him the money, but the City•was only able to collect $5,000 because we didn't have our paperwork done. Mayor Nash noted this was not the attorney's fault, but rather ours. Mr. Pipes, City Manager, noted this error will not happen again. Councilmember Dowling noted he would prefer that the term "budget overruns" not be used, but some brief explanation be included as to why there was an overrun for each item. Mr. Pipes explained these are not budget overruns, but rather account overruns within a department's budget; noting that no department has overrun its departmental budget, but rather account classification budgets within a department budget. He said when this happens, a department can borrow from another account classification within its budget to cover an unexpected cost which was not foreseeable early on when the budget was prepared. He noted none of the departments over- spent their budgets last year, but came in under 100% expended, with the exception of the Fire Division of which the Council is aware. Gene Pipes noted the departmental directors need some reasonable latitude to handle their budget allocations and interdepartmental account transfers and this method has been work out; however, notations further explaining an overrun can be provided to the Council in the budget amendment report. r roar 'TO VI14 VVUIIUI1 I'ICCLIII VI IIV vc.iiuC1 L/, Councilmember Brown made the motion to accept Monday seconded the motion. All were in favor and Consider Revenue Sharing Budget Adjustments for FY Councilmember Brown made the motion to approve Hodges seconded the motion. All were in favor and the budget adjustments to the general fund and Councilmember the motion passed unanimously. ending 9/30/84 of the Revenue Sharing budget adjustments and Councilmember the motion passed unanimously. Consider Sanitation Fund Budget Adjustments for FY ending 9/30/84 Councilmember Monday made the motion to adopt the Sanitation Fund budget adjustments as presented and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Consider Water and $ewer budget adjustments for FY ending 9/30/84 Councilmember Hodges made the motion to approve of the water and sewer fund budget adjustments as presented and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Consider Encumbrances of 1983 -1984 Fiscal Year still pending Councilmember Monday made the motion to approve of the encumbrances as listed for FY 1983 -1984 and Council- member Hodges seconded the motion. Discussion: Councilmember Davis asked that this list be again provided in nine months showing which items have been crossed off and paid and which are still pending. Mr. Pipes, City Manager, noted this can be easily done. All were in favor and the motion passed unanimously. Consider the budget report for FY 1983 -1984 -- for year ended September 30, 1984 for the general fund Councilmember Hodges made the motion to approve the general fund budget report for FY 1983 -1984 and Council- member Monday seconded the motion. All were in favor and the motion passed unanimously. Consider the budget report for FY 1983 -1984 -- for year ended September 30, 1984 for the water and sewer fund Councilmember Dowling made the motion to approve of the water and sewer budget report for FY 1983 -1984 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Consider the budget report for FY 1983 -1984 -- for year ended September 30, 1984 for the sanitation fund Councilmember Dowling made the motion to approve of the sanitation fund budget report for FY 1983 -1984 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FINAL QUARTER MONTHLY TAX REPORTS Consider the cumulative monthly tax reports for the final quarter of FY 1983 -1984. Councilmember Brown made the motion to approve of the cumulative monthly tax reports, as presented, for the final quarter of fiscal year 1983 -1984 and Councilmember Monday seconded the motion. CONSIDER DISPOSITION OF REVENUE BONDS Consider the final disposition of contract revenue bonds for the Parker Creek Wastewater Treatment Plant Gene Pipes, City Manager, advised that original bond covenants, that allowed the city to fund its issue necessary to build the North Huntsville Sewer Plant and laterals, required that at the end of the project that all surplus, if any, he used to refund the outstanding bonds and that any interest earned appropriately allocated to the sinking fund. City Manager Gene Pipes advised that the interest appropriate to it [$138,162 net interest earned ] now needsto be transferred tothe sinking fund. It was noted this will, in turn, reduce the payments required to be made to TRA this year for debt service and allow these budgeted funds to be used for other purposes, such as the capital improvements program as previously discussed. Accord - ing to a memorandum from Patricia Allen, Director of Finance, the remaining funds in the North Sewer Laterals project will also be transferred to the Interest and sinking fund. The net effect of the above transactions will be a reduction of $135,000 in the total debt and the "freeing" of $208,837 in budgeted funds for capital project use. Councilmember Dowling noted his difficulty in rationalizing a water and sewer rate increase this year with $500,000 carry forward and $208,837 available for whatever purpose. The City Manager, Gene Pipes, noted the rate increase was based on a normal water sales year to determine the necessary funds to operate the basic budget and these funds would not have been there, based on this calculation base, if the rates had not been raised. He noted there is no way to project these carry forwards until the budget year is complete and then until the figures are audited, we are not exactly sure of the totals. Mr. Pipes noted all of these funds are totally committed already to capital projects that the Council approved last year, which are just waiting for this money to be determined. Patricia Allen, Director of Finance, clarified that the city estimated a carry forward in the budget of approximately $250,000 - $300,000. She noted the bond indenture requires that the city generate the revenue in the current year sufficient to cover the debt. She noted the city had to generate revenue in the current year sufficient to cover one and one -half times the debt. She said $245,000 is the one -half coverage over the required debt. Councilmember Dowling noted then that this 3/4's of a million dollars is already committed? City Manager, Gene Pipes noted this is correct, subject to the Council's approval of individual projects; noting the capital budget has been approved last year. Mr. Pipes noted the capital budget is a separate budget from the general budget. Mayor Nash noted that instead of there being a $500,000 overrun (carry forward), we thought it would be around $250,000. He said the sale of water in July, August and September was more than was anticipated because it was dry, therefore more money built up. He noted he remembered the Council decided to exclude the carry for - ward [roughly $250,000] and budget based on what we anticipated the expenses to be, realizing that it would go up and down, and that if we budget on our expenses and try to get them as accurate as we could, we would, in effect, have some reserve. He said we raised what had been presented to us by $400,000, $200,000 was to budget for expenses and the other $200,000 was to fund capital expenditures. He noted it was because of this $400,000 that we needed to budget, that our water and sewer rates had to go up 10 percent. He noted as the staff originally presented the budget, we would not have needed the increase, but we would have been using $200,000 of carry for- ward from the previous year and with the figures we had then, this would pretty well have blanked it out. He said we arbitrarily decided then to let the carry forward sit there pnd we increased so that it could sit there. He noted, however, that instead of $250,000 carry forward, we now have $500,000 and in addition, funds are coming in from the Parker Creek Plant project. Mr. Pipes noted with these funds we can meet our capital needs for this year and be in order to issue bonds in subsequent years to continue with these improvements. Mr. Pipes noted if we do not have a dry year this year, and we zero out water and sewer funds, we would not be very prudent in looking at the operational costs. Mayor Nash noted he would prefer to continue to base our revenues on what we estimate our expenses to be. He noted if we accumulate more than what is a reasonable reserve for the wet years, he would prefer to see these funds go into capital expenditures because the city has to raise that money somehow and he would rather take it this way than to go into a C. 0. or a bond issue. Councilmember Monday made the motion to authorize the disposition of the contract revenue bonds for the Parker Creek Wastewater Treatment Plant which would turn back $137,940 to pay on the bonds and the accrued interest'of $208,837 from two different sources will be put into the city's sinking fund and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER COMPUTER DISK STORAGE BID an additional disk storage unit to Harwood International Corporation in the amount Consider Bid No. 85 -6 for of $8,500, as budgeted Mayor Nash presented International Corporation this item. amount of $8,500, subject All were in favor and the this information and asked for the Council's consideration of the low bid of Harwood subject to acceptance by N.C.R. for maintenance. He noted $13,850 was budgeted for Councilmember Brown made the motion to accept the bid of Harwood International Corporation in the to acceptance by N.C.R. for maintenance and Councilmember Monday seconded the motion motion passed unanimously. CONSIDER JOINT IMPROVEMENTS FOR SHSU'S QUARTER MILE TRACK • Consider a proposal to jointly improve the University Track on Avenue 0 with lighting and surface work estimated at $6,000 to be funded from unallocated reserve Mayor Nash noted this is a project which the city recommended for some time because so many citizens of the city use this facility. Mayor Nash noted the only problem may be that at this time the University does not know what will happen to those facilities when the new stadium is complete; therefore, they will not make a commitment that the track will be there for more than one year. He noted he has some reservation in spending these monies for this reason, although he could support installation of additional lighting, which could be salvaged if the track is discontinued in a year. HP then recommended approving aoproximately $1.000 .worth of lighting improve University can give the city a longer commitment. Councilmember Monday made a motion tn_accept the Mayor's recommendation to expend 51.000 now on lights antto await a longer commitment from SHSU before other funds are drainage. He noted he would rather do nothing than to do only the lights. Mayor Nash noted recent discussions with President Bowers and other university officials relayed considerations for soccer and softball fields to replace the football and track areas.at Pritchett Field. After some discussion, Councilmember Davis seconded the motion made by Councilmember Dowling to fund the whole project. Upon a vote of this motion, Councilmembers Tavenner, Barrett and Mayor Nash voted OPPOSED to the substitute motion of Councilmember Dowling's to do the whole project and all other councilmembers voted FOR the motion. The motion, therefore, passed by a vote of 6 to 3. Mayor Nash noted then there is no reason to vote on the first motion to expend only $1,000 at this time. Councilmember Monday requested that the city accompany these funds with a letter of encouragement to the Univer- sity to retain the track for the use of the university and the public for some time to come. Mr. Pipes noted there will be some sort of agreement prepared.and brought back for the Council's approval. Councilmember Monday clarified that a strong letter of encouragement is what she is recommending, not necessarily a joint -use agree- ment. She noted although the track may be replaced in another area, it would not be the same because it would not be in a neighborhood and used therefore by the general public, so this location is the key. CONSIDER SHADY LANE SEWER EXTENSION Consider a Shady Lane sewer extension request and bid to Crawford Construction in the amount of $20,809.95, contingent on the property owner's share being escrowed and all necessary easements provided prior to construc- tion Mayor Nash noted the city's share of this project will be $10,404.97 and the property owner's share is $10,404.98. He said funding will be from sanitary sewer utility extension funds. Councilmember Monday made the motion to approve the low bid of Crawford Construction Company in the amount of $20,p09.95 and to approve of the city's participation in the amount of $10,404.97, providing no work is started until the property owner's share is placed in escrow. and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT Amendment proposal to the Police Division take -home car plan -- DENIED Gene Pipes, City Manager, presented Acting Police Chief Mike Morse's request to allow the take -home car plan for all officers, no matter whether they are city residents or in the ETJ. The congestion of the police station parking lot was discussed. Mr. Pipes noted four officers live outside the two mile ETJ and two more officers will be eligible for the take home car plan as soon as they are off probation. He noted six parking spaces could be freed up if these officers are allowed to take their police cars home. Mr. Pipes noted the current requirements limit the take -home car plan to only those officers living in the city or its ETJ and it is not extended to officers still on probation. He noted the request is to extend it to all officers, those living in the county and those still on probation.as a matter of convenience, visibility, and to free up the parking spaces on the station's lot. After some discussion, the Council concurred that the take -home car policy should not be extended due to the original intent of the plan was to create police visibility within the city and its ETJ and not necessarily Walker County at- large, and that the parking situation could be handled by using other parking spaces available outside of the station's lot for employees of the city so as to provide more citizen parking areas. Endorsement request by the Dallas Crime Commission for Anti -crime legislative package -- NO ACTION Gene Pipes, City Manager, presented a request from Acting Police Chief Mike Morse for the City Council's endorsement by resolution of the Dallas Crime Commission's anti -crime legislative package, which includes: continuation of wiretapping capability; continuation of the triplicate prescription requirement; informing juries of the effect of parole; and reducing the use of technical defects to reverse criminal convictions. After some discussion, it was the general consensus of the city council not to become involved in supporting or not supporting efforts of the Dallas Crime Commission, noting it was not specifically a City of Huntsville issue and although they could support it personally and individually, they would not do so as a City Council. Council- member Dowling noted this sort of thing will be supported by the Texas Policemen's Association, Texas Police Chief's Association and several other organizations. He did not feel the City should get involved in supporting summary bits of legislation from various associations no matter how well intended. `PAGE 490 -- BOOK "N" -- NOVEMBER 27, 1984 Consider a request from the Community Development Department to rescind the mobile home connection fee Gene Pipes, City Manager presented this request. He noted the city already regulates the mobile home installation through cooperation with Gulf States Utilities and Entex on their connection. He felt it is a double dip situation then for the City also to charge a fee on top of those utilities for them to have a permit from the city before the utilities can be connected. He noted the city already gets the opportunity to check for certification of tie -down, etc., as this is required by GSU and Entex regulations. Councilmember Dowling made the motion to approve of this request to rescind the mobile home connection fee and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. COUNCIL ACTION H -GAC Solid Waste Report Councilmember Davis asked the city staff if we received the H -GAC Solid Waste Report. Mr. Pipes noted we have not yet received this document. Councilmember Davis encouraged Mr. Pipes to acquire that report for our study, noting it is of no charge and it is a lengthy document which may be useful to us. Triplicate Prescription Requirement Councilmember Davis encouraged the other members of the Council to encourage their congressman to renew that legislation, noting this regulation gives the state a copy of the prescription for them to computerize to cross - reference the doctor and the patient and gives them information regarding a prescriber who is abusing the drug or a user who is abusing the drug. He noted it has already eliminated alot of legal abuse of drugs. Ryan's Ferry Road Signing Councilmember Howard noted a sign needs to be placed on Roans Ferry Road (Ryan's Ferry Road) because visitors to the area cannot find the road easily and it is unmarked. Forest Hills Park Water Faucet Councilmember Monday reminded the council that some time ago the Junior Service League obligated itself to putting a water faucet out at the Forest Hills Park. She noted this has not been done and the League has not been asked for the funds to get this accomplished. She asked for a status report on this from the staff. Annual Christmas Photo of Councilmembers and Mayor The schedule was set for December 4, 1984 at 6:00 P.M. for the annual photo session of the Mayor and Council to be taken at City Hall prior to the meeting. ul u De City Secretary 1 1 1