MIN CC 03/31/1992CITY COUNCIL MEETING OF MARCH 31, 1992 BOOK "R" 32
CONFERENCE ROOM, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:30
...... P.M.
The Council met in a regular session with the following members present
". W. H. Hodges, Mayor Officers:
Gary Bell William H. Knotts, Jr. Gene Pipes, City Manager
Ila G. Gaines Ronald L. Lange Scott Bounds, City Attorney
William B. Green Dan S. Davis Melba Byers, City Secretary
Charles Robinson ABSENT: James L Carter
CITIZEN INPUT /INQUIRY
Mayor Hodges called the meeting to order and asked N anyone would like to make any comments in this portion
of the meeting. There were no comments.
REGULAR SESSION - CALL TO ORDER
There was no citizen inputrnquiry, so the Mayor asked the two attending citizens if they had any objections to calling
the meeting to order early. They had no objections. The regular session was called to order at approximately 5:20 P.M.
CONSIDER MINUTES OF MARCH 10, 1992
Councilmember Green made the motion to approve the minutes of March 10, 1992, and Councilmember Gaines
seconded the motion. All were in favor and the motion passed unanimously. NOTE: Councilmember Carter was absent
ATTENDING CITIZENS
Dr. Jerry Ethridge, a local pyrotechnic expert, discussed the fireworks show, which has been an annual event at
West Hill Mall for some years. The crew donates their time, supplies, all needed equipment, transportation, and they split
their income, which was about $900 last year, back into the Huntsville show. The crew's income is a salary from the company
for whom they work. They donate their salary for purchase of fireworks for the Huntsville show. Several years ago, West Hill
Mall shot a show at the same time the City was shooting a show, therefore, West Hill Mall agreed to finance the show as one.
The Mall was contributing $7,000 for fireworks. This year, the Mall manager stated they will not sponsor the show due to
budget cutbacks. Mrs. Ellisor, Mall Manager, has contacted several large companies to try to obtain support for this show.
However, she has been unsuccessful in her endeavors. Dr. Ethridge stated the show was greatly enjoyed by large numbers
of citizens and he is looking for support and /or suggestions as to how to make this July 4th show happen.
Mayor Hodges stated he did not have any suggestions at this time, but he did state the Council had numerous J
conversations during budget sessions on keeping costs down; therefore, not funding activities of this nature. He agreed it
was a good show and possibly some public services might pick it up. He stated the City will continue to provide security
and will participate with in -kind services, but as far as the City coming up with financial support -- well, this is a tight budget
year.
Mr. Noah Speer, a property owner, discussed a drainage problem at 1718 18th Street. He stated erosion is a
problem and maintenance needs to be done, He is asking to put in a box culvert that will carry through the property to about
16 feet past the house. The engineering staff has advised him it will require a 7' wide 5' high culvert. Up until the time of
the rain, three or four weeks ago, we were going to have a drop down of 10 feet utilizing the existing concrete line channel.
Mr. Speer is asking if the City is willing to cost share in any part of installing the box culvert.
Mayor Hodges stated staff would need the opportunity to read and consider the information. He also stated that
if, in fact, we need to do our portion up to and through the easement, the City staff would review the situation and City
Manager Pipes will come back to the Council with recommendations.
City Manager Pipes stated, certainly we don't want this to go to the point that 18th Street washes out. Obviously,
I CITY COUNCIL MEETING OF MARCH 31, 1992
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BOOK "R"
33
Councilmember Lange stated he had driven by and it appeared to him that the rock wall is starting to give. He also
stated that if we have many more heavy rains, there is going to be much damage to the streets.
Councilmember Davis stated he had also looked at this site and he felt a percentage of the rock was gone and we
do need to look at soon.
Councilmember Green stated he looked at this site too and it appears if we don't do something relatively quickly
that we may have a serious problem as it is beginning to erode underneath the headwall. He felt 'rf we got much more
J erosion not only the headwall will go but the sidewalk and maybe some of the street also.
CONSIDER ORDINANCE #92- 3.31.1
`. Consider Ordinance approving claim and delivery of certificate of obligation for purchase of an 8 yard dump truck at an
interest rate of 6.69% as bid by Donnie Wells. This is a four year certificate. Councilmember Green made a motion to accept
this bid with a second by Councilmember Gaines. The motion passed unanimously.
CONSIDER ORDINANCE #92- 3-31.2
Consider Ordinance notice of intent to issue certificates of obligation for a cab and chassis for the fire division as budgeted.
City Manager Pipes stated he expected the interest rate to be somewhere in the 6% to lower 7% range since the bids were
good and competitive. This is a four year certificate. Councilmember Green made a motion to approve this notice with a
second by Councilmember Robinson. The nation passed unanimously.
CONSIDER ORDINANCE #92- 3-31.3
Consider Ordinance amending Chapter 12, Motor Vehicles and Traffic of the Code of Ordinances to establish maximum
speeds on lake Rd., Bearkat Blvd., and Smith Hill North of FM 2821. City Manager Pipes stated we have talked about these,
the signs have been posted and the speed limits are in effect. City Attorney Bounds discussed the distances. On Lake Rd.,
Vie distance from 1 -45 East Feeder Road is 450' instead of 300' West of Inverness Street. On Bearkat Blvd., the design would
be from 326' East of the Intersection of Bearkat and Old Sycamore to Loop 19. Councilmember Robinson made a motion
to approve this recommendation with a second by Councilmember Davis. The motion passed unanimously.
Councilmember Green asked if there will be a notice that reflects 'reduced speed ahead" as you come off Loop 19. City
Manager Pipes stated It is already in place and a sign is also installed on Lake Road.
CONSIDER ORDINANCE #92.3 -13.4
Mayor Hodges stated that this ordinance is simply in accordance with state law. We have to modify our ordinance Increasing
the chlorine treatment requirement for swimming pools, spas and hot tubs. City Manager Pipes explained this applies to
public use facilities, not private. He also stated this is a recommendation by the State Health Department's policy guidelines.
Private pools are checked only on request, he added. Councilmember Green made a motion to approve this
recommendation with a second by Councilmember Gaines. The motion passed unanimously.
Consider an Interlocal Agreement for Library Services With H.I.S.D. and S.H.S.U. City Manager Pipes discussed a request
by a group that has been working for some time to create better utilization of our whole Library facilities within the City and
the County area. The School Districts, University and the City desire to enter into an Intedocal Agreement for Library Services
authorizing this group to apply for grants and proceed to establish interlibrary loans and other things to facilitate the joint
sharing of the assets that we have in our community. The library board recommends it very highly and we urge Council's
consideration. Councilmember Gaines made a motion to approve this agreement with a second by Councilmember Lange.
The motion passed unanimously.
Consider a Request For an Agreement With Walker County. This agreement would be for the City to provide engineering
design services, operate and maintain a proposed sports complex pending receipt of donations, approval of a bond issue
and matching Parks and Wildlife - B.O.R. grant.
CITY COUNCIL MEETING OF MARCH 31, 1992 BOOK "R" 34
a 3500 - 3700 foot road on the West side of IH -45, water and sewer on the West side of IH-45 plus a sports complex. This
project provides many benefits to the City. Mayor Hodges stated, most of the ball parks that we have in town, certainly If
you look at Kate Bart Ross, are now approaching 20 year old facilities. I realize we have had a couple of new ones built since
„ then, but we don't have enough facilities for the City. There are more and more children playing organized sports so we need
these facilities. Also, I think If we are going to accept that facility for maintenance, I think we need to put into this agreement
with Walker County that we would have the operating control of that facility through our Parks Department which would
necessitate coordination with everything we are currently doing with any organized groups now using that park. And, the
other thing I would like to see us do is to be able to name the park.
Councilmember Gaines asked what the projected completion date is in the event the bond issue passes. City Manager Pipes
stated it would be difficult to say since grant applications are, at best, risky to predict Certainly, If the bond issue were
successfully approved by the voters in May, there are two times a year, July and January, you can submit applications. He
felt it would be a real press to get an application in by July, but it could be done.
Mayor Hodges stated, we are talking approximately 1994 -1995 for playing ball. Councilmember Gaines then said, so we don't
have to think about that in our budget planning for several years. Mayor Hodges stated, yes. City Manager Pipes stated,
we will have engineering and inspection costs in the foreseeable future. Councilmember Knotts asked how the construction
would be handled. City Manager Pipes stated, it will be contracted. Councilmember Davis asked for a breakdown on the
figures. City Manager Pipes explained that in some areas we did not have a track record, so he estimated costs with proven
track records and used a general estimate on the remainder of all known costs. Councilmember Bell stated he was in favor
of this and he felt there are a number of benefits to the community that will actually add to possibly our ad valorem tax base
and it could very well add funds to the hotel /motel tax because a complex of this nature would be a major attraction for
holding any number of baseball tournaments that the existing facilities cannot handle. Mayor Hodges stated the road bill will
be started at the Loop complex.
It was a unanimous decision of the Council to respond to this request with a Definitive Agreement of Intent that upon the
completion of the successful bond issue and on the completion of a successful grant application that we will accept.
Councilmember Green stated that in essence this would be an Intedocal Agreement. Mayor Hodges agreed.
CONSIDER RESOLUTION 92 -3 -31.1
Consider Resolution authorizing Submission of a Grant Application For Funding of a Drug Abuse Resistance
Education (D.A.R.E.) Program. This is a collaboration of the Huntsville Public School System and the Huntsville Police
Department in implementing a program within the 5th, 8th and 7th grades of public schools. This grant is authorized through
the Governor's Office as the Juvenile Justice and Delinquency Prevention Act Councilmember Gaines made a motion to
approve this grant application with a second by Councilmember Davis. The motion passed unanimously.
Consider Termination by Southwestern Bell of the Franchise Ordinance dated December 21, 1942. City Manager Pipes stated
we had a three year instrument that is renewal and has been renewed a number of times, but Council will remember there
has been initiative under way for about two years to standardize the Bell Telephone rate franchise standards across the State.
Utilization of our roadways and right -of -ways for providing telephone service is a universal factor, but they have made a
presentation within the last hour and one -half to the Finance Committee and the Finance Committee is expected to bring back
an ordinance for your consideration on the April 28th Council Meeting which would allow for implementation as early as June
of a new rates ordinance for the franchise represented by Southwestern Bell. This notice is an actual formality and needs
to be recognized that this is a notice by Bell under the terms of that agreement to cancel it and the clock is now running for
a required replacement of that franchise by June 30th. All Councilmembers understood the terms as discussed by City
Manager Pipes.
CONSIDER RESOLUTION 92.3 -312 1
Consider Resolution of First National Bank of Omaha. This resolution designates the First National Bank of Omaha
as Organizational Depository for purposes of payments of fines and fees paid by credit cards in Municipal Court.
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CITY COUNCIL MEETING OF MARCH 31, 1992
Counalmember- Robmsar*
passed unanimously.
BOOK "R" 35
Consider the Monthly Tax Reports. These are the February reports with the adjustments indicated and the monthly
investment reports which are presented on a routine basis to Council for approval, which is required by Tax law.
Counalmember Gaines made a motion to approve the reports with a second by Councilmember Knotts. The motion passed
unanimously.
CONSIDER BID #92 -14
Mayor Hodges discussed the City Staff's decision not to open this Single Bid without Council approval. City Manager was
instructed by Mayor Hodges to give the bid to J. D. Schindler, who is in charge of Purchasing, to open it tonight and come it
back with a recommendation if it's within budget and meets with your approval.
'I
CONSIDER BID #91 -11
Mayor Hodges stated this is a renewal bid. This bid is for chlorine from the Acetylene Oxygen Company which reflects a cost
of $335 per ton, firm. Councilmember Knotts made a motion to approve this bid with a second by Councilmember Green. 'J
The motion passed unanimously.
CONSIDER BID #91 -12 'I
i
Consider renewal bid. This bid is for flexible Base from the Gifford Hill Company. Councilmember Green made a motion
to approve this bid with a second by Councilmember Gaines. The motion passed unanimously.
CONSIDER BID #92.13
Consider bid for Janitorial Services. Mayor Hodges stated this is a re -bid by Byrd Janitorial Services in the amount of
' $1,389.06. This bid is for services for all City Offices. Councilmember Gaines made a motion to approve this bid with a
second by Councilmember Robinson. The motion passed unanimously.
CONSIDER RESOLUTIONS #92. 3.31.3 and #92- 3-31.4
Consider E.P.A. Municipal Water Pollution Prevention (M.W.P.P.). City Manager Pipes explained this was put in your packets
separately to draw specific attention to it because that is the major part of the request by the E.P.A. This audit requires the
Council be presented and have available to them the complete data of the survey itself. Arid, the resolution you must approve
indicates that you have, in fact, had this information provided to you and that you are aware of it. Therefore, two resolutions
are required (1) that Council has reviewed the audit of the North Huntsville Plant and the South Huntsville Plant with the
appropriate numbers, and (2) that Council is attesting acknowledgement of this audit Councilmember Lange made a motion
to approve this audit with a second by Councilmember Knotts. The motion passed unanimously.
RETURN TO CONSIDER BID #92 -14
Consider Bid F.O.B. Plant, Type B Asphalt. Pavers Supply was the only bidder. Bid is $24.00 per ton, which is in budget.
Counalmember Gaines made a motion to approve this bid with a second by Councilmember Knotts. The motion passed
unanimously.
CITY MANAGER'S REPORT
Notice of T.C.A. Cable Television Rate Increase. City Attorney Bounds stated he had done an extensive study of rates in the
surrounding cities. And, according to our franchise agreement with the Cable Company, it is in line with their prerogative to
raise the rates. This request is for Councilmembers information and does not require a vote.
Consider Request From T.D.H.P.T. This request is to provide water service to proposed landscape project at IH 45 and SH
75 North which is at the end of the airport and just across from the D.P.S. Station. The Highway Department received grant
money to do a landscaping project. This would provide a sprinkler system from the City's main line. This is a major interest
to the City and should be considered stated Mayor Hodges. Councilmember Gaines made a motion to approve this request
with a second by Councilmember Bell. The motion passed unanimously.
CITY COUNCIL MEETING OF MARCH 31, 1992 BOOK "R" 36
.�� engineering report or feasibility study estimated to cost $20 -$35 Thousand pro -rated to solid waste volume generated. City,'.
-! Manager Pipes stated this would be a major step forward and a very viable solution - long -term permanent solution for both '
n
of us. Councilmember Green made a motion to approve this proposal with a second by Councilmember Davis. The motion :
passed unanimously.
Consider Local Taxation. Mayor Hodges discussed a request from a local resident for historical tax exemptions on their
home. We are going though a survey now of historical structures in the City and the County. But, I would suggest that we
put this on hold until we get the final repot on the survey and review this request at that time. We then could determine the
impact on the city and make a derision as to what the Council's actions might be. This was acceptable by Councilmembers.
I, Consider Report on Sewer Main. This report reflects costs incurred in February for repairs to a 30' sewer main. Some of
the approved funds will be transferred back to the 'Reserve for Future Allocations', since the project cost was less than
projected and allocated for, stated City Manager Pipes. This report is for Councilmembers information and does not require !..
any action.
MAYOR'S ACTIVITY REPORT
Consider Appointments. Mayor Hodges appointed Dr. James Barrum to the Huntsville Housing Authority Board. Dr. Barrum
has been contacted and he has agreed to serve. Also, Mayor Hodges recommended approval of the names of the Tourism
Council Members for Year 1992, as provided by the Huntsville - Walker Count Chamber of Commerce. Councilmember Gaines
made a notion to approve both appointments with a second by Councilmember Davis. The motion passed unanimously.
COUNCILMEMBER ACTION
Seventh street. Councilmember Robinson stated he felt the creek presented a possible hazard for persons walking or jogging
in that area. He suggested some kind of protective measure be taken by the City. Also, Councilmember Robinson stated
that he had noticed the parks are being greatly utilized, especially Emancipation Park. He reminded Council that they had
agreed to do various maintenance projects and felt they needed to be done soon. City Manager Pipes stated that the
weather had delayed work on these projects but hoped completion could be no later than late May. He also suggested that
we obtain some playground equipment suitable for small children as all present equipment is geared toward larger children.
Finance Committee. Councilmember Green reported on meetings in regard to re- working the Southwestern Bell Franchise.
We will be coming back to the Council with a recommendation relative to that contract by May. Also, Councilmember Green
reported on the Finance Committee meeting regarding the two refunding operations that we are considering. One on aT.R.A.
Bond and the other under the Water and Sewer Revenue. Bond. The Committee will make a decision and present to Council
on the 21st and 28th of April. Also, Councilmember Green reported that he and Councilmember Bell will be interviewing three
companies as potential candidates to do a management study on Thursday. The meeting has been posted and he invited
councilmembers to attend.
Spring Lake. Councilmember Bell stated there is a large pot hole developing on Autumn Street in Spring Lake. He also
requested a personnel meeting to make plans to review the Charter Officers, after the Regular Council Meeting on Tuesday,
April 7th.
Library/Cultural Center Statement. Councilmember Gaines stated that she and Councilmember Lange would like to reiterate
the sequence of events for clarification and have them reflected in the minutes regarding the Work Session which was held
March 24th for the purpose of discussing the Library/Cultural Center. She stated we do not want any misunderstanding and
we are here to answer any questions you might have.
The purpose of last Tuesday's meeting was to update the Council on the progress of the Library/Cultural Center Building
Comminee and to get the Council's direction . In the meeting, we presented, for refreshment of memory, the history of the
Civic/Cultural Center previous efforts dating back to 1970. You received a report and recommendation from the Planning
Commission. You also received a report on the initial meeting with the Library Planner from Houston and you were advised
of the members of the Liaison Committee working with us from the Cultural Planning Committee.
CITY COUNCIL MEETING OF MARCH 31,
Vrm- avrn,n to P., ftd.imd as to what it ie ec, :.R
1992 BOOK "R" 37
!. Liaison Committee and receive the Information gathered from the survey and public hearings reflecting the needs and wants
' of the community. This information will be reported back to the Council in an update report. You were advised that there
will be continued consultations with the Library Planner on the needs In that area and other experts would be contacted as
'.. needed to work with other professionals in various areas.
It was stated in the meting and reflected in the records that: (1) no decision has been made as to where the building will be
placed, and (2) that we sought and received direction to proceed with planning, and (3) that we will go ahead with the
gathering of information and input. It was also stated and reflected in the record that the building will not happen
immediately. I would add that there is no time frame and we plan to take as long as needed to make certain that all
J component groups have had ample opportunity for input.
When we have all information gathered, we will be back to Council for consideration and direction as before.
Mayor Hodges then thanked Councilmembers Gaines and Lange for their work in regards to this project. They have
put in literally hundreds of hours, interviewed lots of people, have attended many meetings and have done a wonderful job.
Mayor Hodges requested this report be made a part of the official minutes.
MEDIA INQUIRIES
Question. Do you have any particular name for the Sports Complex discussed earlier. Mayor Hodges stated, 'no'.
Mayor Hodges recessed to an Executive Session.
ADJOURNMENT