MIN CC 01/23/1996CITY COUNCIL MEETING OF JANUARY 23, 1996 BOOK "S"
MINUTES OF THE HUNTS VILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF JANUARY 1996, IN THE CITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in regular session with the following members present:
COUNCILMEMBERS:
William B. Green, Mayor
Dave Luning
Officers:
Dan S. Davis
JoAnn Matthews
Gene Pipes, City Manager
Ronald L. Lange
Ann James
Scott Bounds, City Attorney
Marjorie Rex
David Martinez
Danna Welter, City Secretary
Jim Carter
Andrew Holmes
None.
CITIZEN INPUT/INQUIRY
INVOCATION
Invocation by Reverend Max Adams, Pastor at the Wesley Foundation, SHSU Methodist Student Center.
CONSIDER THE MINUTES OF NOVEMBER 7, 1995 AND DECEMBER 12, 1995
Councilmember Rex made a motion to approve the minutes of November 7. 1995. and Councilmember Martinez seconded the
motion All were in favor and the motion Passed unanimously. [Note: Councilmember Matthews absent]
Councilmember James made a motion to auvrove the minutes of December 12. 1995, and Councilmember Rex seconded the motion.
All were in favor and the motion Passed unanimously.
ADMINISTRATION OF THE OATH OF OFFICE FOR AT -LARGE COUNCILMEMBERS
DAN DAVIS, POSITION 1; MARJORIE REX, POSITION 2; ANDREW HOLMES, POSITION 3;
AND DAVID MARTINEZ, POSITION 4
City Secretary Danna Welter administered the oath of office to the at -large councilmembers: Dan Davis, Position l; Marjorie Rex,
Position 2; Andrew Holmes, Position 3; and David Martinez, Position 4.
Councilmember Holmes introduces his wife Jennifer and four children, along with other family and friends.
RECOGNITION OF COUNCH,MEMBER CARTER'S TENURE ON CITY COUNCIL
Mayor Green presented Councilmember Carter with a plaque recognizing his service as councilmember to the citizens of Huntsville
from 1987 -1996. Mayor Green also presented Dr. Carter a scrapbook of his years on Council.
CONSIDER ELECTION OF MAYOR PRO TEM
APPOINTMENT OF H -GAC DELEGATE AND ALTERNATE
APPOINTMENT OF CITY COUNCIL COMMITTEES
Councilmember Davis made a motion to nominate Ron Lange as Mayor Pro Tem, and Councilmember James seconded the motion.
Mavor Green asked if there were other nominations.
Councilmember Luning made a motion that the nominations cease and Mayor Green seconded the motion. All were in favor and
the motion passed unanimously.
A motion was taken on the original motion All were in favor and the motion passed unanimously. Congratulations Ron Lance
Mayor Green stated that he would recommend that Dan Davis to continue as City Council's H -GAC representative and appoint
Marjorie Rex as the alternate. Councilmember Lange made a motion to approve Dan Davis as the City's H -GAC representative and
appoint Marjorie Rex as the alternate. and Councilmember Martinez seconded the motion. All were in favor and the motion passed
unanimously.
Mayor Green stated that the committee chairmen would remain the same: Dan Davis, Finance and Ron Lange, Personnel. He
appointed Councilmember Holmes to the finance committee in replacement of Councilmember Carter.
ATTENDING CITIZEN
Jim Carter. Dr. Carter stated that he has three issues to bring to Council's attention.
CITY COUNCIL MEETING OF JANUARY 23, 1996 BOOK "S"
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1. Lack of Youth Programs. Dr. Carter feels that there are not adequate facilities in Huntsville for youth programs. City Council
should take a serious look at providing/helping to provide and coordinating with other agencies to provide facilities. There are facilities
in Huntsville that are not being utilized and feels that there should be coordination between agencies for use of these gyms, fields, etc..
2. Arts Funding. Dr. Carter stated that on the handout, there are questions regarding the Arts Commission and its funding. He would
appreciate answers to these questions in a public forum. He asked what amount of money was budgeted for arts funding in the most
recent budget year? Patricia Allen stated that $30,000 was budgeted. What procedures were followed for determining expenditures'.
on arts funding in the most recent budget year? Were arts presentations made by artists to request funding? How many made
presentations? What amounts of money were requested, for what projects and by what artists? What were the actual funding decisions
made, what artists received the money and how much? Someone informed him that the arts funding in the recent budget year went
to the downtown project, but didn't know what that project was. Dr. Carter asked if the money went for the Christmas lighting
downtown? Was it for the Haas murals?
Mayor Green stated that all the information requested would be compiled for his review.
3. Destruction of Property on 7th Street. Dr. Carter stated that he is not aware of a plan for the park on 7th Street or its development
and does not see how clearing can begin without a plan. It has been stated that there was a need for the park and there were citizen
requests for the use of the park, but if that is we, why begin clearing in the back. There are few if any citizens using the current park,
so why the demand for the extra space across the creek.
The bulldozer cleared 50' to 75' widths from front to the back of the park. He was told this was done to secure the inmates from
TDCJ that were doing the labor. Trees were removed, the ground scraped clean and bare. The vegetative buffer was removed from
the park and T.D.C.J. property. A buffer was also cleared between the park and the City's sewage treatment plant. He feels that acres
of land were destroyed. Looking at the site, only about 20 trees were marked out of hundreds. He feels the City turned the authority
of development of the park over to TDCJ and let the inmates in a haphazard way pick and choose what to cut down, preserve and
remove. He asked that questions given to Council be answered.
Mayor Green stated that at the budget sessions in the summer it was the consensus of Council to clean the park, and that is the .
project now underway. No formal plan for the development of the park is in place. Staff will respond to the questions asked in the
handout to City Council.
Dr. Carter asked that Council chip the organic material that was knocked down or pulled up and spread it on the bare land to
j replenish the soil.
CONSIDER TAX REPORT FOR 3zlrI "10 WITH ADJUSTMENTS TO THE LEVY
AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER
Councilmember Davis made a motion to aoorove the tax reports for December with adiustments to the levy as recommended by
Chief Appraiser Grover Cook. and Councilmember James seconded the motion All were in favor and the motion passed unanimously.
CONSIDER SALE OF TRUST PROPERTIES AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER
Councilmember Matthews made a motion to aoorove the sale of trust oronerties as recommended by Grover Cook Chief Appraiser,
and Councilmember Rex seconded the motion All were in favor and the motion passed unanimously.
CONSIDER QUARTERLY REPORT FOR PERIOD ENDED 12 -31 -95
CONSIDER BUDGET ADJUSTMENT FOR THE QUARTER ENDED 12 -31 -95
CONSIDER THE INVESTMENT REPORT FOR THE YEAR ENDED 9 -30 -95
The quarterly report for the period ended 12- 31 -95, was presented as information.
Councilmember Rex made a motion to approve the budget adjustments for the granter ended 12 -31 -95 and Councilmember James
seconded the motion. All were in favor and the motion Passed unanimously.
Councilmember Davis made a motion to approve the investment report for the year ended 9 -30 -95 and Councilmember James
seconded the motion All were in favor and the motion passed unanimously.
CONSIDER LEASE/PURCHASE AGREEMENT FOR THE PURCHASE OF 1996 FRONT LOAD GARBAGE
TRUCK PURCHASES THROUGH H -GAC IN THE AMOUNT OF $126,500.35
Ms. Allen stated that the low bid received for the lease /purchase of two sanitation trucks to be purchased through H -GAC was by
CITY COUNCIL MEETING OF JANUARY 23 1996 BOOK ' S 3
Capital City Leasing for 5.05% interest for a total payoff cost of $253,627.42 over a five year period.
Councilmember Rex made a motion to approve the lease /nurchase agreement with Capital City Leasing at 5.05% interest for a total
payoff cost of $253,627.42 over a five year period for two sanitation trucks. and Councilmember Davis seconded the motion. All were
in favor and the motion passed unanimously.
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CONSIDER RESOLUTION 96 -01 -23.1 AUTHORIZING THE EXECUTION AND DELIVERY
OF A DISCLOSURE AGREEMENT (T.R.A.)
!! Mr. Pipes stated that this resolution authorizes the execution and delivery of a disclosure agreement for Trinity River Authority.
The City would have provided this information on request as it is public record, but now will automatically forward it to IRA.
Councilmember James made a motion to anorove Resolution 96 -01 -23.1 authorizing the execution and delivery of a disclosure
...I agreement and Councilmember Rex seconded the motion All were in favor and the motion passed unanimously.
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CONSIDER ORDINANCE 96 -01 -23.1 AMENDING THE CODE OF ORDINANCES BY ESTABLISHING NO PARKING
ZONES ON BOTH SIDES OF RIVER OAKS FROM THE INTERSECTION OF BROOKHOLLOW TO 220' SOUTH �I
Councilmember James made a motion to approve Ordinance 96 -01 -23.1 amending the code of ordinances by establishing no ;I
parking zones on both sides of River Oaks from the intersection of Brookhollow to 220' south. and Councilmember Davis seconded '!
the motion.
Councilmember James stated that the ordinance shows that the signs should be posted on both sides of the street, but are only posted !
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on one side. Mayor Green suggested that the motion be withdrawn until this matter could be investigated.
Councilmember James withdrew her motion and Councilmember Davis withdrew his second.
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CONSIDER ORDINANCE 96 -01 -23.2 AMENDING THE CODE OF ORDINANCES BY ESTABLISHING A FOUR
WAY STOP INTERSECTION AT THE CORNER OF RIVER OAKS DRIVE AND BROOKHOLLOW DRIVE
Councilmember James made a motion to approve Ordinance 96 -01 -23.2 amending the code of ordinances by establishing a four !�
way stop intersection at the comer of River Oaks Drive and Brookhollow Drive. and Councilmember Martinez seconded the motion.
All were in favor and the motion passed unanimously.'
CONSIDER ORDINANCE 96 -01 -23.3 AUTHORIZING SUBMISSION OF A CRIMINAL JUSTICE GRANT
APPLICATION FOR THE CONTINUED FUNDING OF TWO OFFICERS (BICYCLE UNIT) II
Chief Eckhardt stated that this grant is entering into its third year with the State to fund 600% and the City to match 40 %.
Councilmember Rex made a motion to anprove Ordinance 96 -01 -23.3 authorizing submission of a criminal justice cant application
for the continued funding of two officers (bicycle unit). and Councilmember Lange seconded the motion. All were in favor and the
motion passed unanimously.
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CONSIDER ORDINANCE 96 -01 -23.4 AUTHORIZING SUBMISSION OF A CRIMINAL JUSTICE GRANT
APPLICATION FOR THE CONTINUED FUNDING OF A POLICE OFFICER (GANG)
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Councilmember Lange expressed his concern about the graffiti that has been increasing in Huntsville in the last few weeks. Chief
Eckhardt stated that violent crimes perpetrated by gangs are down, but does realize that the graffiti has increased.
Chief Eckhardt stated that in the future, grants from the Governor's Office will have to be accompanied by a community plan.'{
Huntsville is in the process of developing a community plan, identifying problems and needs.
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Councilmember Lange stated that more effort needed to be concentrated with the gang effort in our community. Chief Eckhardt
stated that members of the STAR Program are in the process of painting over the graffiti in Huntsville.
Mayor Green suggested that rewards be offered for information. Chief Eckhardt stated that rewards are being offered.
Councilmember Matthews stated that she feels that in the beginning the officer funded by the grant was active and visible, having
more effect whereas now his duties are more administrative. Chief Eckhardt assured her that this officer is not in an administrative
position and spends minimal time on administrative duties.
Councilmember Davis suggested that the officer come to Council and address concerns and report on the status of the gang situation III
in Huntsville. it
Councilmember James made a motion to approve Ordinance 96 -01 -23.4 authorizing submission of a criminal iustice Brant
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application for the continued funding of a police officer (Rang), and Councilmember Martinez seconded the motion. All were in favor
except Councilmember Matthews. The motion passed 8 -1. f
CITY COUNCIL MEETING OF JANUARY 23, 1996 BOOK "S"
CONSIDER RESOLUTION 96 -01 -23.2 ACCEPTING CONSTRUCTION OF THE N.B. DAVIDSON WWTP
UNDER THE CITY'S WATER DEVELOPMENT BOARD SRF PROJECT NO. 2912 -02
AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR
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Councilmember Luring made a motion to approve Resolution 96-01-23.2 accepting construction of the N B Davidson W WTP
improvements under the City's Water Development Board SRF Project No 2912 -02 and authorizing final Payment to the contractor.
and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
RESCIND BID TO SMITH CONTRACTORS DUE TO NON - COMPLIANCE WITH THE CONDITIONS OF THE BID
FOR THE SOLID WASTE TRANSFER STATION REPAIR AND RE -AWARD TO GRISHAM CONSTRUCTION
AT AN INCREASE OF $1,165
Mr. Wilder stated that staff is recommending that Council rescind the bid awarded to Smith Contractors for the transfer station
repairs due to the fact that the company canceled their workman's compensation insurance. The next low bidder is Grisham
Construction at an increase of $1,165. It was noted that this repair is covered under the City's insurance and although the cost of repairs
is increasing, the cost to the City will remain at the deductible of $2,500.
Councilmember Davis made a motion to rescind the bid to Smith Contractors for the solid waste transfer station repair and re -award
to Grisham Construction at an increase of $1,165. and Councilmember Matthews seconded the motion. All were in favor and the
motion Passed unanimously.
CONSIDER INSTALLATION OF SPILL /OVERFLOW PROTECTION ON ALL UNDERGROUND FUEL
STORAGE TANKS AS REQUIRED BY TNRCC AT A COST OF $4,000 (RFA - GENERAL FUND)
Mr. Wilder stated that staff is recommending the installation of spill /overflow protection on all underground fuel storage tanks as
required by new regulations by TNRCC.
Councilmember Matthews made a motion to approve the installation of spillioverflow Protection on underground storage tanks.
and Councilmember Lange seconded the motion. All were in favor and the motion Passed unanimously.
CONSIDER APPROVAL OF A SCOREBOARD AGREEMENT FOR THE HHS HORNET
SOCCER BOOSTER CLUB TO PLACE A SOCCER SCOREBOARD ON FIELD 6
Mr. Wilder stated that the Club will pay for the materials and the City will do the electrical work. After five years the scoreboard -.
will become the property of the City of Huntsville. It was noted that the advertisements should be 4' x 4' instead of 4' x 4 ".
Councilmember Rex made a motion to approve a scoreboard agreement with the HHS Hornet Soccer Booster Club to place a
scoreboard at Kate Barr Ross Park on Field #6. and Councilmember Lange seconded the motion. All were in favor and the motion
Passed unanimously.
Councilmember Lange thanked staff for their help with the soccer program.
CONSIDER PURCHASE OF FINNEY PROPERTY ON 10TH STREET FOR RIGHT -OF -WAY PURPOSES
Mr. Bounds stated that staff is recommending purchasing this property for the appraised value of $21,000. The property owner
would like to lease back the premises for up to six months for occupancy of the house itself Right -of -way work could begin
immediately and removal of the garage building.
Councilmember Lange made a motion to approve the purchase of the Finney oronertv (10th Street right-of-way) for $21,000 (to
be funded from the reserve for future allocation - General Fund) and authorize a lease agreement, and Councilmember Davis seconded
the motion. All were in favor and the motion Passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Consider withdrawing from the Coalition of Cities. Mayor Green made the recommendation to withdraw from the Coalition of
Cities due to the fact that not enough of the cities involved chose to be members. If approved, a letter would be sent to the Coalition
withdrawing and asking for the membership fee to be returned (less any expenses were incurred prior to withdrawal).
Councilmember Lange made a motion to withdraw from the Coalition of Cities, and Councilmember Rex seconded the motion
All were in favor and the motion passed unanimouslv.
Mayor Green stated that perhaps the City could join with Beaumont, Conroe and other major cities to develop a workable option.
CITY COUNCIL MEETING OF JANUARY 23, 1996. BOOK "S" 5
2 Consrderammal TXDOT priority list.
1996 TRANSPORTATIONIMPROVEMENT PROGRAM
RECOMMENDATIONS
FM 1791
FROM IH 45 TO SH 30 (NEW LOCATION)
IH 45
CORRIDOR STUDY FROM PARK ROAD 40 TO FM 1696
US 190 & SH 75
DEVELOP TRAFFIC PLAN FROM CITY LIMIT TO CITY LIMIT
SH 30 FROM.6 MI. WEST OF FM 1791 TO IH 45 (WIDEN /ADD CAPACITY)
SH 19 FROM IH 45 TO CITY LIMITS (ADD CAPACITY)
MISC. INTERSECTIONS I SAFETY IMPROVEMENTS AT VARIOUS INTERSECTIONS
FM 247 1 FROM FM 2821 TO SH 30 (REALIGN EXISTING ROADWAY) I
SH 75 (SOUTH)
FROM SH 19 TO IH 45 /CITY LIMITS (ADD CAPACITY)
FM 1374
FROM IH 45 TO SOUTHWEST CITY LIMITS (WIDEN)
FM 247
FROM FM 980 TO NORTH CITY LIMITS (WIDEN)
FM 1791
FROM IH 45 TO US 190 (NORTH LOOP, NEW LOCATION)
Councilmember Lunina made a motion to approve the annual TXDOT priority list and Councilmember Davis seconded the motion.
All were in favor and the motion passed unanimously.
Mayor Green stated that staff did request to meet with the County to discuss the priority list, but the County approved their list
before an opportunity arose to meet. All `large" items that are funded by TXDOT must be on both the City and County priority list.
Gary Law, Resident Engineer, TXDOT, stated that any item requiring federal funding, right -of -way acquisition, or any project in
excess of $1 million is considered to be LARGE.
3. Consider acceptance of a 2.80 ac. right -of -wav easement across Gorge unit and pavment of associated costs from the Elkins Lake
MUD/RUD reserve.
Councihnember James made a motion to accept a 2.80 ac. right-of-way easement across the Goree unit and payment of associated
costs to be funded from the Elkins Lake MUD/RUD reserve. and Councilmember Davis seconded the motion. All were in favor and
the motion passed unanimousl
4. Texas Department of Transportation/Texas Department of Criminal Justice. Mayor Green stated that he was having meetings on
a regular basis with members of these two entities to deal with issues that are common to all.
CITY COUNCILMEMBER ACTION
Councilmember Davis
1. H -GAC Cooperative Purchasing. As a matter of information, H -GAC is the largest such Council in the Country. H -GAC has
an annual budget in excess of $70 million, of which the purchasing is a major item. The City does receive good prices by using
the cooperative purchasing.
2. Aging Service Program. This federally funded program's budget has been recently cut 5 %. This effects Huntsville due to the
Grandperson Center's funding cut If the federal government shuts down again, there will be food to feed the Grandpersons,
but no funds to pay to have it prepared. The H -GAC President is communicating with representatives in Congress to express
concern over the continuation of diminishing funds.
CITY COUNCIL MEETING OF JANUARY 23, 1996 BOOK "S" 6
3. Parks Grants There are parks grants available through H -GAC and the Texas Parks and Wildlife and suggested the City
consider looking into the feasibility of applying for such grants.
4. TML Meetings. The Spring meeting of TML will be held March 14, 1996, and the Fall Meeting will be held at Del Lago from
August 9 -11, 1996.
Councilmember James
1. Welcome Dr. Holmes,
2. Walker County Proud. There will be a "Trash Bash" held on Saturday, April 13. Councilmember James asked about the
possibility of waiving transfer fees, and/or having the sanitation workers on duty on that day. Mayor Green stated that he
understood that TRA had volunteered to pay the transfer fees. Councilmember James stated that they have not agreed, but are
willing to.
3. 7th Street Park. The area looks nice and the City should continue the cleaning project, using the chips for a walkway.
Councilmember Holmes expressed his excitement at being on Council and was looking forward to working with each member.
Councilmember Lange stated that approximately four years ago, a management study was completed on the City of Huntsville. One
recommendation in the study, was to complete a wage and classification study. At this time, with no objections from Council, the
Personnel Committee will start the process for request for proposals and develop criteria for the study. The study should be done every
ten yeas and the last one completed for this City was 15 years ago.
Councilmember Matthews stated that the City of Huntsville under Council's guidance should seriously apply for grants funds for youth
facilities, parks, etc. The schools and churches are doing their part in providing facilities in the community and the City needs to
participate. Mayor Green stated that the City now owns a large tract of land on 7th Street (approximately 90 acres) and feels that when
a plan is developed for the park, the City can apply for grant funds.
Councilmember Rex
L Councilmember Martinez. Congratulations on winning the TOMA Award. There are only 140 of these awards issued in the
Country.
2. Visibility. Councilmember Rex requests that the Traffic Vehicle Division note the intersections in town that have visibility
problems. Trees and shrubs may have to be trimmed at various locations in town.
3. Shipman Property. Even with some movement recently, the property still looks like nothing has been done to clean it up. She
asked Scott Bounds when the deadline for clean up is. Mr. Bounds stated that agreement was that Mr. Shipman was to move
everything out by the end of January, first of February and cease business at that location. At a meeting two weeks ago, he
indicated that he can meet the deadline.
4. Housing. Councilmember Rex read a paragraph from a citizen trying to find her son housing during his tenure at Sam Houston
State University. The letter suggests that stronger building codes are needed in the City. She states that some of the housing
and mobile homes in the City are deplorable and unsightly.
Councilmember Martinez asked about his request for a caution light to be installed at Old Houston Road and Loop 19. Mr. Pipes stated
that this is a State highway. Gary Law, TXDOT, stated that this is a complicated area, but would look at it in -depth and complete a
safety index study to see if the intersection warrants a caution light. The long term solution is to make Loop 19 a four lane divided
highway.
Recess into a EXECUTIVE SESSION to consider items as follows:
real estate acquisition: 10th Street right -of -way (Finney) and land acquisition for the Robinson Creek Wastewater Treatment
Plant;
pending litigation: Townsend v. State Farm and City, Townsend v. Texas Department of Licensing and Regulation et al.,
Barkley v. City, and Lyon v. City; and
contemplated litigation: Phelps Water Supply Corporation/Walker County Rural Water Supply System, and Atlantic
Technologies.
Danna Welter, City Secretary