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MIN CC 01/17/1984MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON IRE 14111-19N-D-rJANUART,--11e4 IN THE CITY HALL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A. Brown Larry Corley pdy Stephen E. ing Davis Jerry Dowl Bill Hodges Jane Monday Bob Tavenner MEMBER ABSENT: Percy Howard, Jr. COUNCIL The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by !. The Reverend Bosey Bookman of Galilee United Methodist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to accept the minutes of the meeting of January 10, 1984 and Council- member Corley seconded the motion. A11 were in favor and the'motion passed unanimously. ATTENDING CITIZEN Mr. Larry Johnsen of the Huntsville Jaycees to present a donation to the City for the MSinstreet Project and to receive Proclamation from the City of Huntsville for Jaycees' Week, January 15-21, 1984. Mr. Larry Johnson, representative of the Jaycees, received a Proclamation from the Mayor designating Jaycee Week in Huntsville from January 15-21, 1984. Other members of the Jaycee organization were present. Mr. Johnson then presented to the City a donation sufficient to purchase a park bench for the Courthouse lawn. These monies collected by the Jaycees on one of their special projects. The Mayor received the donation on behalf of the City and expressed the City's appreciation to the Jaycees for their consideration and contribu- tion. CONSIDER RISK AND INSURANCE MANAGEMENT SERVICES OF TML BOARD OF TRUSTEES Consider the nominees for the Board of Trustees, Risk and Insurance Management Services of TML Five candidates were proposed for election, bythe Nominating Committee of the TML Risk & Insurance Manage- ment Services of the TML, to the 15 member board of Trustees which governs the TML Workers Compensation Joint 111/1 Insurance Fund and TML Joint Self-Insurance Fund (liability and property insurance coverages). The five nominees are: Carl L. White, City of San Antonio; R. Marvin Townsend, City of Laredo; F. William (Bubba) Hoermann, City of Andrews; L. Don Dodson, City of Bedford; and Alfred H. (Al) Koebig, citizen member. Councilmember Monday made the motion to approve of the five nominees listed and Councilmember Tavenner seconded the motion. All were in favor and the motion passed unanimously. CONSIDER CHANGE ORDER NO. 2 TO N. B. DAVIDSON WASTEWATER TREATMENT FACILITY EXPANSION Consider Change Order No. 2 to the additions to the N. B. Davidson Wastewater Treatment Facility Expansion Project in the amount of 56,365, to be paid from project funds which have a balance of $16,000. The Council was advised of the need for Change Order No. 2 in a memorandum from F. Boyd Wilder, Director of Public Utilities which would incorporate the following changes: concrete paving between sludge beds; inlet box and grate; temporary piping, etc. required to place new sludge beds into operation; and the deletion of concrete runners in new sludge drying beds. It was noted this change order is the recommendation of Mr. Wilder and Mr. Pat DePamphilis, the consulting firm engineer on this project. Councilmember Brown made the motion to approve of Change Order No. 2 in the amount of $6,365 to be paid from project funds and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. It was noted this project should be totally completed by early March, 1984. CONSIDER WATER WELL STUDY Consider a proposal to retain Layne Texas to investigate the extent of well repairs needed on Water Wells 14 and 15 in the amount of S6,000, to be paid from budgeted well repair fund, which has a balance of 538,000. Mr. F. Boyd Wilder, Director of Public Utilities, advised the Council that problems developed in Wells 14 and 15 when they were used extensively during the freezing conditions of last math, due to some problems at the TRA Water Plant. He noted it is now necessary to pull the equipment in those wells for inspection and this will cost 53,000 per well. Councilmember Monday made the motion to approve of this expenditure from budgeted well repair funds and Councilmember Corley seconded the motion. All were in favor and the motion passed unaninously. CONSIDER PURCHASE OF A GARBAGE TRUCK Consider Bid No. 84-6 for the purchase of a garbage truck from the lowest bidder meeting specifications, Basic Waste Systems,-Thc. in the amount of S42,790, to be paid by the issuance of Certificates of Obligation, as aythorized pi approval of CTiFainance No. 84-3. Councilmember Corley node the motion to accept the low bid from Basic Waste Systems, Inc. in the amount of $42,790 to be paid for by a C. O. and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously.. Mayo- Nash then asked for the Council's consideration of the ordinance which would authorize the issuance of a r. C. in this amount, the caption of which is as follows: ORDINANCE NO. 84 -3 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $42,790.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Dowling made the motion to approve of the captioned ordinance No. 84 -3 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER DESIGNATING NO PARY.ING ZONES Consider Ordinance No. 84 -4 amending Chapter 12, Motor Vehicles and Traffic, of the Code by designating no parking zones on 10th Street and on Avenue 0. Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE NO. 84 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING, NO PARKING/ NO STANDING AND PARALLEL PARKING ONLY ZONES ALONG AVENUE 0 AND TENTH STREET; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CER- TAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE PARKING ZONES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Mayor Nash noted a correction which should be made on the limits covered under the parallel parking only zones on Avenue 0, west side, from: from Avenue 0 to 100' north of Avenue 0," to read: from 10th Street to 100' north of 10th Street." He then presented the ordinance, as prepared, for the Council's consideration. Councilmember Corley made the motion to approve Ordinance No. 84 -4 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER REPLACING A SIGNAL CONTROLLER Consider authorization of bids to be taken on a signal controller for Avenue Q at llth Street to replace one presently in service. The estimated $3,000 is unbudgeted and would be from Revenue Sharing or Reserve for Future Allocation at mid -year budget adjustment. Mayor Nash presented a memorandum from the Director of Public Works, Johnny Poteete, recommending replace- ment rather than repair on this controller. Mr. Poteete recommends replacing this outdated controller with a new Ketron electro mechanical fixed time /semi actuated controller for a cost of $3,000, rather than purchasing special order repair parts to fix this discontinued model of controller. Mr. Poteete indicated parts and technical assistance are easily obtainable from Ketron and the history of service has been excellent on the other 11 now in service. He noted it is not budgeted and requests financial assistance from the Council. Councilmember Brown made the motion to approve of the purchase of a new controller in the amount of $3,000 by authorizing the staff to go out for bids, with the funding source to be decided at mid -term and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RENEWING NEW ADDITION GRANT PROJECT Consider a contract with the Texas Department of Community Affairs for the third year of the HUD - -New Addition Grant Project in the amount of $750,000, fora one year period, December 1, 1983 through December 31, 1984. ii Mayor Nash noted our previous contract was with the Housing and Urban Development office (HUD), but this year HUD has designated the Texas Department of Community Affairs to monitor their contracts within Texas. He said this is the reason this year's contract is with the Texas Department of Community Affairs. Scott Bounds, City Attorney, noted one typographical change, the addition of his signature block, and an additional clause in Section 10, on line 7 of page 5 under "Independent Contractor," as follows: ". . . and 1' caused in whole or part by any negligent or willful act or omission of Contractor, its subcontractors, and any- one directly or indirectly employed by them or anyone for whose acts any of them may be liable." Mr. Bounds noted these additional words are added here because the statement without these words is a little broad. Councilmember Corley made the motion to approve of this contract, with the changes made by the City Attornel(, and Councilmember Hodges seconded the motion. All were in favor and the notion passed unanimously. CONSIDER A REPLACEMENT ELECTION JUDGE FOR THE BOND ELECTION Consider the appointment of a new election presiding judge in precinct 201 due to the resignation of the appointed judge. The City Secretary, Ruth DeShaw, advised the Council of the resignation of Dorothy Shandera as the election presiding judge in precinct 201. She recommended the appointment of former city judge, Bill Tubble- ville, who is a resident of precinct 201 and a qualified voter of the city, and who has accepted the respon- sibility to conduct the election. Councilmember Monday made the motion to approve of Mr. Tubbleville as the election judge as outlined above and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION COMMENDING TERRY HOAGE Consider Resolution No. 84 -2 honoring Terry Hoage Mayor lash noted this resolution is intended to honor a home town boy for his academic and athletic co: ^plishments. He noted he will be arriving in Huntsville next Tuesday to be the guest of honor at the Cnarher of Commerce banquet, from Athens, Georgia. He asked the Council to consider this resolution which will be presented to Mr. Hoage at the banquet. Councilmember Brown made the motion to approve Resolution No. -7 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT -- WILLIAM V. NASH HGAC AnRbal Meeting Mayor Nash reminded the Council of the annual meeting of the HGAC in Houston on February 2. He encouraged the Council to contact Mrs. DeShaw to make reservations if they wished to attend this dinner banquet. 0t Meeting of Council Mayor Nash reminded the Council that the next meeting is set for Saturday night, January 21, 1984, for the purpose of canvassing the returns of the bond election. He noted the meeting will begin at 8:00 P.M. City Bond Election Mayor Nash noted Saturday is the City's Bond Election. He urged everyone to cast their vote. He thanked the news media for their efforts in getting the information to the people. He noted he hoped citizens would carefully evaluate the issues and make their decision to vote in favor of the propositions. He noted he has been asked why the city does not rebuild its streets in increments, as we could afford it each year. He noted it is not feasible to do this type of program in increments. He noted volume is the key if the job is to be done efficiently and professionally with the heavier and larger equipment. He noted paving contractors will be more interested in bidding if there is a volume of work on which to bid which will make their efforts worthwhile and their price to us the lowest possible. He noted paying for this work through a bond issue does not mean it is costing us more money. He said historically municipal bond rates have been so low and are currently approximately 9 1/2 percent, which is less than the average person could receive as interest rate at a bank. Mayor Nash described the problems germane to the "pay as you 9o" system of funding the street rehabilitation program and compared that method with the proposed bond issue method, noting the advantages of doing the work through a bond program. COUNCIL ACTION Bond Election Councilmember Monday noted if the City were to use the "pay as you go" system of street construc- tion, it would be similar to purchasing a car one piece at a time by the time one had the whole car, one would not have an efficiently working, quality car. Voting Locations -- Councilmember Monday asked the news media representative to re- emphasize voting locations. Bond Election Bond Election Councilmember Hodges noted it is obvious all of the Council are in support of the bond issue and he noted it is something we cannot afford not to do. He encouraged everyone to vote, and to vote "yes." -- Councilmember Davis also urged everyone to vote for the bond proposals. He noted Huntsville is all of our home and just like our home, we would not carpet our living room one square at a time over an extended period of time, so he urged the voters to allow the city to get its capital improvements project underway by approving the bond issue on Saturday. .el -Motel Tax Funded Brochure -- Councilmember Tavenner displayed a new brochure, describing the new wing of the Sam Houston Memorial Museum, funded with tax dollars collected through the motel - motel tax as part of the promotion of tourism in Huntsville. Bond Election -- Councilmember Brown echoed the comments of the other members of council regarding the need to approve the two propositions on the ballot. He re- emphasized the method of payout on these bonds to be over a ten year period, which is an estimated half -life of the streets Bond Election -- Councilmember Corley also echoed the comments of the other members of Council regarding the election. He noted the Council is 100% behind the issue. He noted it is well - planned, the staff has done a great deal of work on it, and the Council has given alot of thought to it. He encouraged all voters to vote on Saturday. Central Appraisal District -- Mayor Nash noted he met with the City Manager and City Attorney today at the Central Appraisal District office regarding the situation with the banks and the Supreme Court ruling that the banks had to exclude the evaluation that could be assigned to U. S. or Federal securities in any form; local taxing entities are not to tax federal property. Mayor Nash noted the Appraisal District's outside appraiser came up with a solution. He said the appraisal was made in such a way that the value of the bank was determined based on its income and the incomes derived from federal securities were deducted from the other; income. The new taxable appraisal was based only on that income derived from non - federal securities sources. He noted as a result of this, the income for the cities, from the banksa: this current year will be some $7,000 less than it was last year, according to the way it has been established by this procedure. He said two banks in Huntsville did file suit before the end of 1983 to protect any rights that might come to them if there were any changes in this overall development. He noted the formula that is being used here is being used in Austin and alot of other places and until it is tested in court or until it is finally approved in every place, everyone is hesitate to accept it. He said when the end of the year came, it was necessary for the banks to either accept it or to file suit as the only means they could be protected from not accepting it. He noted funds should be reserved in such a way that if we have to pay part of it back, we can, although he expected ;, if this should happen, the amount of the funds will be so small as to not encumber us to the:' extent that we would need to do that. He noted he would keep the Council advised. '. Quarterly Meetings with Appraisal District Board -- Mayor Nash noted the City meets quarterly with the Central Appraisal District. He asked that if the Council has any ideas or questions that they wouldi like to have brought up at one of these meetings, please make them known to Mr. Pipes. a Belt Councilmember Dowling asked the City Staff if they had any information about future dealings: r — with the telephone company - -Ma Bell. Mr. Pipes noted there is a meeting on January 19 in Austin sponsored by TML to plan a strategy for opposing the AT & T request now pending before' the Public Utility Commission. Mr. Pipes anticipated TML will be contacting the City regarding the outcome of this meeting and perhaps indicating what financial requirements will be necessary to help oppose the projected rate increase. Councilmember Dowling wondered what effect the break up will have on the City, regarding phone company evaluations and taxes - -" due to the city. Councilmember Monday asked Mr. Pipes to check with TML regarding this. Mr. Pipes noted Telecable informs us of two program changes: Satellite News Channel is re- placed with Cable News Network Headlinetli ht is replaced with Showtime, a pay channel. Executive Sesstion- -real estate. Respectfully submi ut DeShaw, City Secretary, January 17, 1984 TELECABLE