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MIN CC 10/21/2003CITY COUNCIL MEETING OF OCTOBER 21, 2003 BOOK "T" 77 t 2 31NTHECITY MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 2I ST DAY OF OCTOBERI 00 HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present: COUNCILMEMBERS: Judy Kayse OFFICERS: Karl Davidson, Mayor Steed Smith Paul C. Isham, Acting City Manager Gary Crawford Bob Tavenner Danna Welter, City Secretary Vance Howard Mac Woodward ABSENT: Jack Choate, Jim Willett WORK SESSION [5:00 -5:50 p.m.] The City Council conducted a worksession to discuss the Wynne Home renovation bids and Oakwood Cemetery policies and procedures and land acquisition. Barry Wagner of Wagner & Klein gave a brief presentation on the Wynne Home bids; and Morris Waller, Chair of the Cemetery Advisory Board gave a brief presentation on the proposed policies and procedures. CALL TO ORDER [6:00 p.m.] Mayor Davidson called the regular session to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Director of Parks and Recreation Ray Black led the invocation. PRESENTATIONS The City Council recognized all recipients of the 2003 Texas Amateur Athletic Foundation (TAAF) awards and the TAAF ' Male and Female Athlete of the Year awards, as presented by Patrick Antwi, Recreation Coordinator. Mr. Antwi also recognized the coaches and parents of the various groups. The TAAF award recipients were then honored at a reception at the Police Department. PUBLIC COMMENTS 1. Dee McFarland. Ms. McFarland thanked the Council for their steadfast support of the Fair on the Square for its 29" year. 2. Darrell Hall. Mr. Hall spoke in opposition to the Wynne Home restoration. 3. Charles Smither, Jr. Mr. Smither stated that the street/sidewralk work for additional parking at the Wynne Home should be redirected to fix and /or create sidewalks around schools. He also requested that the Council thoroughly understand the deed restrictions and home owners association regarding the Oakwood View Subdivsion, and stated the Council may be in violation of the Charter because the sale of the those lots were not done according to the process as defined by the Charter. CONSENT AGENDA 1. Authorize the purchase of one (1) 2004 Johnston 610 Vacuum Street Sweeperfrom Hi -Way Equipment Company in the amount of $156,742.00 to be purchased from budgeted funds. 2. Authorize the Acting City Manager to accept the FEMA grant in the amount of $36,333.00 with matching funds in the amount of $4,036.00 to be funded from the Fire Department's FY 2003- 2004 budget for the purchase of a fire prevention trailer educational tool. 3. Approve the bid for the construction of ADA 5 -foot sidewalks and handicap ramps on the south side of Bowers Blvd. between Bobby K. Marks Blvd. and Sycamore Avenue to Doughtie Construction Company in the amount of $29,287.00 to be funded from budgeted 2002 -2003 CIP Sidewalk Funds. 4. Authorize the Acting City Manger to enter into a contract with Stephens Construction Services in the amount of $664,900; and authorize the Acting City Manger to enter into a contract with Lonnie Watson for lead paint abatement in the amount of $58,500 for the Wynne Home restoration project. 5. Authorize the Acting City Manger to execute a professional services contract with QUALTECH Environmental Services, LCC, for the Wynne Home Project, at a cost not to exceed $10,000 to be funded from Wynne home funds. 6. Approve Resolution 2003 -10 -21.1, authorizing the City Manager to execute all agreements associated with the Urban Forestry Partnership Grant, awarded to the City of Huntsville bythe Texas Forestry Service on September 2, 2003, and ' committing the shared cost of the project as described in the grant application. 7. Approve the minutes of the September 16, October 7, and October 14 City Council meetings. CITY COUNCIL MEETING OF OCTOBER 21.2003 BOOK "T' 78 STATUTORY AGENDA Consider and take action on adopting Ordinance 2003 -10 -21.1, making certain revisions to Title 7, Tow Trucks, of the City of Huntsville Code of Ordinances. Title 7, "Tow Trucks ", of the City Code of Ordinances has not been revised since 1995. The existing ordinance does not adequately provide for safe towing of most present -day vehicles, placing added liability on the city. Revisions mandate wrecker companies to upgrade equipment, but also allows for increased fees to help offset the mandates. Revisions also provide for improved regulation of permit holders. 2. Consider and take action on adopting Ordinance 2003 - 10.07, adopting the new title 16 "Cemeteries" to the code of'.', ordinances, and establishing policies and procedures for the cemeteries owned and operated bythe City of Huntsville. The City of Huntsville negotiated with the Oakwood Cemetery Association, and the City assumed operation and, ' maintenance of the Oakwood Cemetery in 2002. The Council appointed an advisory board to make recommendations and to initiate fund raising for increasing the endowment fund. It was apparent from the beginning that rules and guidelines were needed regarding cemetery plots. Policies needed to be established concerning flowers, fencing,!, planting of shrubs, size of monuments, speed limits, transfer of lots, fees, and hours open to the public. The Cemetery' Advisory Board will reviewthese policies and procedures annuallyand make recommendations concerning any changes': that might need to be addressed. 3. Considerand take action on acquiring approximately 3.44 acres from the Catholic Church forthe expansion ofthe Mayes addition in the Oakwood Cemetery. The Houston - Galveston Diocese of the Catholic Church has agreed to deed its 3.44 acres located south of the ". Mayes addition to the City of Huntsville Oakwood Cemetery with three stipulations: (1) one -half (1/2) acre be designated as a Catholic Cemetery to be administered bythe Catholic Church, (2) the City pay a consideration of $10,000, and (3) the location of the Catholic portion of the cemetery be a mutually agreeable site. Councilmember Howard made a motion to acquire approximately 3 44 acres from the Catholic Church for the expansion of the Mayes addition in the Oakwood Cemetery and Councilmember Kayse seconded the motion The motion passed 5 -2 with Mayor Davidson and Councilmember Crawford voting against 4. Considerand take action on approving the purchase of a Six -Inch Flanged Clearwater Conditionerfrom John Holloway and Associates, Inc. of Austin, Texas in an amount not to exceed $31,562.00 to be funded from budgeted funds. Construction on Elkins Lake began in the early 1970's and was originally a Municipal Utility District. The water system, which was installed and maintained bythe City of Huntsville under the instruction of the Municipal Utility District' Board, was primarily asbestos cement pipe, a relatively porous type of material. Because of the presence of Ferrous Oxide, Elkins Lake has always experienced brown water problems. Because of the high porosity of the asbestos cement pipe, iron deposits have become embedded in the water lines over the years and brown water is a major problem in Elkins Lake. Other recommended methods have been tried to alleviate the problem but none seem to be as effective as j', flushing of the lines themselves. The Public Works Department began an aggressive flushing program in the spring of 2002 and has completed 3 flushings of the Elkins Lake Water System. The cost of each complete system flushing has been approximately $30.000. This sum includes employee labor and overtime, equipment time and the lost revenue for d. a sufficient quantity of water to be flushed through the Elkins Lake system at a scour velocity of approximately 6 feet per second. In the spring of 2003 the Public Works Department began investigating and experimenting with a proprietary !' device known as a "Clearwater Conditioner." The "Clearwater Conditioner" is developed and distributed by John Holloway and Associates, Inc. of Austin, Texas. The device utilizes a small AC /DC power source to produce negative 'I ions to the core of the Clearwater Conditioner chamber. As water passes through this chamber, maximum turbulence ii j with air bubbles is created and the oxygen content is increased by approximately 80 percent. Gasses are entrapped in these bubbles and are eliminated as the water is exposed to air; calcium carbonate particles are "blasted" to an inert condition while mineral salts and iron effects are negated. The Texas Commission on Environmental Quality has 1i officially approved the device for installation in a public water supply system in the State of Texas. ! Public Works personnel have noted reduction in iron and magnesium through laboratory testing and notable changes have been detected in the Elkins Lake distribution system. Public Works personnel have also noted a decline in brown water complaints in the Elkins Lake area and some positive comments have been received since testing with the Clearwater Conditioner has begun. Though we do not see the "Clearwater Conditioner' as a sole solution to the !' brown water problems in Elkins Lake, we are convinced that the device, coupled with a continued flushing program, will I continue to reduce the presence of iron and magnesium and eventually resolve the brown water problem. At present, 1 j Public Works is recommending to purchase the "Clear Water Conditioner' on wells 19 and 20. Public Works is also I. recommending continuing a flushing program of every 6 months in the Elkins Lake area and to fully monitor and analyze the results of these efforts. With continued good results Public Works will request funding annually for "Clear Water iii, Conditioners" until they have been placed in service at all remaining well sites. Councilmember Tavenner made a motion to approve the purchase of a Six -Inch Flanged Clearwater Conditioner's I i CITY COUNCIL MEETING OF OCTOBER 21 2003 BOOK T 79 : from John Holloway and Associates Inc of Austin Texas in an amount not to exceed $31,562.00 to be funded from is budgeted funds and Councilmember Woodward seconded the motion The motion passed 7 -0. 5. Considerand take action on approving the Oakwood View Subdivision Restrictions and authorize staff to complete the filing process of the Restrictions and Plat. The City Council approved the plat of the Oakwood View Subdivision on October 7, 2003 along with the Agreement to sell all seven lots to the Sustainable Builders Guild of Huntsville, Inc. 6. Consider and take action on authorizing the Acting City Manager to enter into an Engineering Contract with Klotz & Assoc. to prepare a feasibility study on the availability of groundwater as a municipal supply for the City of Huntsville in an amount not to exceed $100,000 to be funded from budgeted funds. An engineering report has been prepared on the expansion of the TRA Surface Water Plant and facilities. The referenced Groundwater Feasibility Study is the companion study that will provide the information necessary to review groundwater alternatives and plan for Huntsville's future water supply needs in preparation of the FY 2004 — 2005 budget process. C1. Authorize the purchase of one (1) 2004 Johnston 610 Vacuum Street Sweeper from Hi -Way Equipment Companyin the amount of $156,742.00 to be purchased from budgeted funds. The fleet rolling stock division's recommendation for FY 03 -04 is to replace the City's 1989 Tymco streetsweeper with a Johnson 610 Vacuum Street Sweeper mounted on a 2004 Freightliner FC80 Cargo cab-over truck chassis. Pricing was obtained from Hi -Way Equipment Company out of Houston. Texas, who is the approved vendor on the ' Texas Buy Board Cooperative. Purchasing through the Texas Buy Board meets all State of Texas purchasing and bidding statutes. The cost is $156,742.00. Councilmember Kayse made a motion to authorize the purchase of one f 1) 2004 Johnston 610 Vacuum Street Rwocner fmm Hi -Wav Fnuinment Comoanv in the amount of $156.742.00 to be purchased from _budgeted funds: and RECESS [7:35 -7:45 p.m.] C4. Authorize the Acting City Mangerto enter into a contractwith Stephens Construction Services in the amount of $664,900; and authorize the Acting City Manger to enter into a contract with Lonnie Watson for lead paint abatement in the amount of $58,500 for the Wynne Home restoration project. In the spring of 1999, Samuella Wynne Palmer individually and as Trustee of the Ruth Wynne Hollinshead Trust, donated the historic Wynne Home and 1.5 acres at 1428 11'" Street to the City of Huntsville. Ms. Palmer gave the property in memory of her parents, Gibbs Adair Wynne and Lela Mae (Brown) Wynne for use as a cultural activities center for the citizens of Huntsville. Today, a large and diverse group of community volunteers and City leaders are leading the way in adapting and 'i rehabilitating the home into a oneof -a -kind arts and community center according to the wishes of the Wynne families and the expressed needs of the Huntsville community in several survey efforts. On October 8, 2003, we provided the Houston Endowment, Inc. a listing of gifts and pledges totaling $201,421.68, which meets the matching requirements of the grant. Since October 8, we have continued to receive donations and the Wynne Home Teams are continuing to raise funds for the project. C5. Authorize the Acting City Manger to execute a professional services contract with QUALTECH Environmental Services, LCC, for the Wynne Home Project, at a cost not to exceed $10,000 to be funded from Wynne home funds. The City of Huntsville has accepted the gift of the historic Wynne Home, 142811" Street, from Samuella Palmer and has agreed to rehabilitate and use the structure for cultural activities according to the terms of the gift deed. QUALTECH Environmental Services, LLC, was selected upon the recommendation of Barry Wagner, Wagner& Klein, to provide supervision, sampling and the final report and close out documents required for lead paint removal at ' the Wynne Home. Mayor Davidson tagged this item. C6. Approve Resolution 2003 -10 -21.1, authorizing the City Manager to execute all agreements associated with the Urban Forestry Partnership Grant, awarded to the City of Huntsville by the Texas Forestry Service on September 2, 2003, and committing the shared cost of the project as described in the grant application. The Urban Forester position funded in part by this grant will produce within the second year. (1) Enforcement of a revised landscape and development ordinance in the permitting and plan review process; (2) The compilation of a comprehensive tree inventory and Best Management Practice system for Huntsville's urban tree cover, (3) City staff '.; liaison guidance and assistance to the City Council's Beautification Advisory Committee and the Keep Huntsville CITY COUNCIL MEETING OF OCTOBER 21, 2003 BOOK "T' 80 Beautiful Program; (4) Development of a tree ordinance and recognition as a Tree City USA; (5) Development of an Annual Work Plan for tree care needs. MEDIA INQUIRIES Mayor Davidson introduced Tod Rowe, new reporter for the Huntsville Item. Ms. Rowe asked for clarification on the tag rule. RECESS [8:10 -8:20 p.m.] WORK SESSION [8:20 -8:52 p.m.] The City Council conducted a work session to discuss fire station issues including: design and location of the new Fire'I�I Station, addition of personnel, and fire equipment. EXECUTIVE SESSION [8:55 -9:30 p.m.] The City Council conducted a closed session under Texas Government Code, Chapter 551, Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee. - ADJOURNMENT [9:30 p.m.] ' M / -� ',. Danna Welter, City Secretary