MIN CC 11/23/1992CITY COUNCIL MEETING OF NOVEMBER 23, 1992 BOOK "R" 137
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF NOVEMBER, 1992 IN
THE CITY HALL CONFERENCE ROOM, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY
OF WALKER, TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
W. H. Hodges, Mayor Officers:
Dan S. Davis William H. Knotts, Jr. Gene Pipes, City Manager
Ronald L Lange Gary Bell Scott Bounds, City Attorney
William B. Green James L Carter Danna Welter, City Secretary
Charles Robinson Ila G. Gaines
CITIZEN INPUTINQUIRY
None.
REGULAR SESSION - CALL TO ORDER
Mayor Hodges called the meeting to order. Invocation by Councilmember Gaines.
CONSIDER MINUTES OF OCTOBER 27, 1992
Councilmember Gaines made a motion to approve the minutes of November 10, 1992, and Councilmember Davis
seconded the motion. Councilmember Carter asked Councilmember Bell if he had voted for the motion to table the issue of
Walmart's request for an easement. Councilmember Bell stated yes. Councilmember Carter stated that it would make the vote
5 -4 for the motion. Mayor Hodges stated that it was clear that the motion had failed and asked the City Secretary to research
the tapes. Councilmember Carter stated that action should not be taken until the minutes are clear.
Councilmember Carter made a motion to table the minutes, and Councilmember Robinson seconded the motion. All
' were in favor and the motion passed unanimously.
PRESENTATION OF THE CONCEPT PLANS, ILLUSTRATIONS, AND FEASIBILITY STUDY
OF THE PROPOSED LIBRARYICULTURAL CENTER PROJECT BY P.G,A.L OF HOUSTON
Mr. Aubrey stated that the proposed library/cultural center project to be built on the 7th Street property was developed
and designed through citizen input during sessions on September 28 and 29. An important issue was to save and preserve the site.
After site investigation, a plan was formulated. The project is composed of three separate buildings - a theater, a multi - purpose
room, and a library. The project could be built in phases if necessary. Boards and a model were shown to Councilmembers.
Several points were made during the presentation:
• The road to the building snakes around the natural contours of the land.
• Puking is to be done in a linear way with minimal impact on greenspace.
• The wedges between the buildings serve as connectors, and provide extra space resembling galleries.
• The Library is designed to enable expansion.
• A continuous cover is designed along the entire length of the project.
• The buildings are all masonry, with the trusses in wood, and a metal roof.
• The roofs are jagged along the edges with clerestory skylights.
• Walking paths are designed to lead the project.
Councilmember Lange stated that he was very pleased with the design. Councilmember Cuter stated that he could not
be critical of the project as presented by P.G.A.L.
Councilmember Carter asked about the drainage problems that the project may cause. Mr. Aubrey stated that drainage
would be addressed.
SPECIAL GUESTS
Mayor Hodges welcomed Cub Pack #96 to the meeting and thanked them for coming.
CITY COUNCIL MEETING OF NOVEMBER 23, 1992 BOOK "R"
I
CONSIDER CONTRACT #1637, ENGINEERING SERVICES FOR PERMIT COMPLIANCE MODIFICATION DESIGN
TO THE N.B. DAVIDSON (SOUTH) WASTEWATER TREATMENT PLANT WITH WISENBAKER -FIX ASSOCIATES
Mr. Isbell, City Engineer, stated that approval is needed for a contract with Wisenbaker -Fix Associates to design facilities
to add modifications including aeration equipment, sludge digester, de- chlorination facilities, and additional standby generators
at the N. B. Davidson Wastewater Treatment Plan required by the new permit. The total probable construction costs is $940,000, '
and engineering costs is $110,000 (over several years).
Councilmember Green made the motion to approve contract #1637 engineering services for permit compliance
modification design to the N B Davidson (South) Wastewater Treatment Plant with Wisenbaker -Fix Associates not to exceed
$105000 and Councilmember Knotts seconded the motion All were it favor and the motion passed unanimously.
CONSIDER A PROPOSED IMPLEMENTATION PLAN FOR SOLID WASTE- MANAGEMENT !
COST PROCUREMENT SERVICES AS PRESENTED BY SCS ENGINEERS OF KANSAS CITY, MISSOURI
Mr. Wright, of SCS Engineers, stated that as a result of the presentation made at the last meeting, SCS has been
instructed by City staff to put together a proposal to acquire cost procurement information relative to a number of options that
-' the City might pursue relative to its solid waste challenges. SCS will go out with request for bids relative to landfill disposal to
private landfill owner operators, and if as a result of this request receives a relative low price that is acceptable to the City, we
-. would enter into a decision process relative to whether the City would operate a transfer station or a contractor would operate
the station for the City. If the price received is high or unacceptable to the City, then we would take a look at putting a request
-I for bids relative to the co- composting alternative. If this results in an acceptable price, then a landfill contract for the short term;
I! the entire waste stream until the co-composting facility could be designed, permitted, constructed and up and operating. In the
long term, the City would take the residuals from that process for disposal. If the RFP for industrial composting resulted in an
unaccepted high price, we would look at going with the first alternative discussed several weeks ago, the material recovery facility
- and the waste and energy facility at Ellis IL and a pilot composting project with the residuals going to a landfill. This allows the
" City to make decisions relative to how they are going to solve the solid waste management and disposal challenges in an orderly
`. fashion between now and October of next year.
Mr. Wright stated that they proposed doing the landfill RFP and the co- composting RFP simultaneously. The reason
was due to the time issue. The transfer station location is undetermined because of the decision on whether we are looking at
a private landfill operator taking the waste or whether the co- composting facility would be utilized.
Councilmember Green stated that he felt we should bid both options concurrently. Mr. Pipes stated that due to time
limitations, it would be advantageous to bid both options at the same time. Councilmember Green asked if this would give the
City the opportunity to compare what it would cost the City if we choose to continue our landfill and not go with the other two
options. Mr. Pipes stated that the costs of continuing our landfill are available.
Mr. Pipes stated that there is land available to the north of the current landfill site that could be permitted in the future.
Geological analyses have not been conducted on the land to the north. Councilmember Bell stated that he understands that the
City could go higher. Mr. Pipes stated that any elevation change is subject to FAA approval or denial. Mr. Wright stated that
'
the FAA's objection is not on the height of the landfill but on the bird problem it creates. Under Subtitle D, a variance would
` have to be obtained to have a landfill at the current site. Ms. Kellgren, Sanitation Superintendent, stated that there are turkey
bumards at the landfill.
Councilmember Knotts stated that the current landfill site would be a good location for a co- composting plant if that
is the option decided upon.
Councilmember Bell stated he was in favor of keeping the current landfill open. Mayor Hodges stated that from
previous discussions with SCS, it was stated that a population of 75,000 would be needed to economically operate a landfill under
Subtitle D regulations.
Councilmember Carter stated that at this time all three options are available. He asked if FAA approval would be
needed if the transfer station is located at the current landfill site. Mr. Pipes stated that any development would require FAA
approval.
Mayor Hodges stated that T.D.C.J. would fund 20% of the contract with SCS. Councilmember Gaines stated that
H.G.A.C. has 100%% grant funds available for solid waste and authorization to apply for these grants is requested.
Councilmember Green made the motion to approve the contract with SCS Engineers, to look at solid waste alternatives,
including the private procurement services and co-composting plant with a cost not to exceed $116,291, and Councilmember Davis
seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER CONTRACT #1637, ENGINEERING SERVICES FOR PERMIT COMPLIANCE MODIFICATION DESIGN
TO THE N.B. DAVIDSON (SOUTH) WASTEWATER TREATMENT PLANT WITH WISENBAKER -FIX ASSOCIATES
Mr. Isbell, City Engineer, stated that approval is needed for a contract with Wisenbaker -Fix Associates to design facilities
to add modifications including aeration equipment, sludge digester, de- chlorination facilities, and additional standby generators
at the N. B. Davidson Wastewater Treatment Plan required by the new permit. The total probable construction costs is $940,000, '
and engineering costs is $110,000 (over several years).
Councilmember Green made the motion to approve contract #1637 engineering services for permit compliance
modification design to the N B Davidson (South) Wastewater Treatment Plant with Wisenbaker -Fix Associates not to exceed
$105000 and Councilmember Knotts seconded the motion All were it favor and the motion passed unanimously.
CITY COUNCIL MEETING OF NOVEMBER 23, 1992
BOOK "R"
139
CONSIDER BIDS FOR PHASE h AND II OF THE 19TH STREET CORRIDOR - RED SIDEWALK PROJECT
Mr. Wilder stated that staff is recommending that Council reject the bids and re -bid the project. The bids received were
considerably higher than estimated.
Mayor Hodges stated that this project was scheduled to be done in conjunction with water line construction. It was
anticipated that the sidewalk would have to be torn up to put the line in place. Less than $500 in damages was done to the current
sidewalk. He suggests that the City spend $500 out of the water and sewer fund to repair the current sidewalk.
Councilmember Knotts made the motion to reject the bids for replacement of the sidewalk on 19th Street and spend
up to $500 out of the utilities fund to repair the sidewalk, and Councilmember Gaines seconded the motion.
Councilmember Carter stated that the University and Bicentennial Committee had written a letter to the City requesting
this project be completed. Mr. Wilder stated that he had talked with Jack Parker at the University and the amount of bids was
higher than their budgeted funds and he agreed that the bids should be rejected.
Councilmember Carter stated that the City usually does not bid the removal of the sidewalk with the replacement. Mr.
" Pipes stated that the original plan on this sidewalk was that the sidewalk would he removed during the utility construction. The
construction crew was able to go down between the sidewalk and the curb without scratching the sidewalk except in two locations
where bore pits were dug for cross connection. Having not removed the concrete, the removal was added to the request for bids.
A vote was taken. All were in favor and the motion passed unanimously.
CONSIDER RETROACTIVE APPROVAL OF EMERGENCY REPAIRS TO THE ENGINE OF JOHN DEERE
855 TRACK LOADER TO MEGA IN THE AMOUNT OF $7,870 AS SOLE SOURCE VENDOR
Mr. Wilder stated that the John Deere 855 Track Loader required emergency repairs.
Councilmember Knotts made the motion to a. rove the emerpeneV repairs to the engine of John Deere 855 Track
Loader to Mepa in the amount of $7,870, and Councilmember Gaines seconded the motion. All were in favor and the motion
used unanimous]
CONSIDER A REPORT TO E.L.M.U.D. BOARD ANALYZING THE WASTEWATER FLOW TO THE
N.B. DAVIDSON WASTEWATER TREATMENT PLANT FROM THE ELKINS LAKE COLLECTION SYSTEM
Mr. Wilder stated he had sent a letter to Mr. Story at the Elkins Lake Municipal Utility District to bring them up to
date on the flow into their sewer system as related to the amount of water sold to them. Mayor Hodges stated that as part of I'
the agreement, ELMUD is allowed to discharge an average of 400,000 gallons per day into the City of Huntsville system. The
average for the past year is 373,460. There were four months in which over 400,000 gallons were discharged into the City of
Huntsville system. The City is processing 187.1% of the water the ELMUD is buying, which means that their system has major '
sewer leaks.'„
CONSIDER A CONTRACT WITH H.I.S.D. FOR DESIGN, FINANCING, AND CONSTRUCTION
OF A FIELD HOUSE ADDITION TO THE ROSS PARK POOL HOUSE
Mr. Bounds stated that this item was discussed at the last meeting. This contract amends the contract with H.I.S.D. on
the joint use of the baseball field. $500 was added to the annual amount for reimbursement of utilities and they are required to
provide the City with a plan of construction of the field house addition.
Councilmember Gaines made the motion to approve a contract with H.I.S.D. for design, financing and construction of
a field house addition to the Ross Park Pool House, and Councilmember Davis seconded the motion.
Councilmember Robinson asked about the liability during construction. Mr. Bounds stated that the indemnity clause
is for the construction phase. The City will be responsible for liability at the conclusion of the construction project.
A vote was taken, all were in favor and the motion passed unanimously.
CONSIDER ORDINANCE 92 -11 -233 AUTHORIZING NOTICE OF INTENT TO ISSUE CERTIFICATES
OF OBLIGATION FOR A DIESEL POWERED BACKHOE FOR THE PUBLIC WORKS DEPARTMENT (REPLACEMENT)
Mr. Wilder stated that Council had authorized replacing a backhoe with a certificate of obligation in October. The
_ certificate of obligation will not exceed $35,000.
Councilmember Green made the motion to approve Ordinance 92 -11 -23.3 authorizing notice of intent to issue certificates
of obligation for a diesel powered backhoe, and Councilmember Gaines seconded the motion. All were in favor and the motion
passed unanimously.
CITY COUNCIL MEETING OF NOVEMBER 23, 1992 BOOK "R" -
140
CONSIDER •A JOINT ELECTION AGREEMENT WITH THE WALKER COUNTY HOSPITAL DISTRICT
FOR JANUARY 16, 1993
Ms. Welter stated that the Hospital District would pay the costs of the County voting boxes. The City would pay the
costs of the City boxes and then the Hospital District reimburses the City for a percentage of the City boxes. Mayor Hodges stated
that early voting would be held at City Hall from 8:00 a.m. to 5:00 p.m.
Councilmember Green made the motion to approve the Point election agreement with the Walker Countv Hospital
District for January 16 1993 and Councilmember Robinson seconded the motion All were in favor and the motion passed
unanimously.
Councilmember Carter stated that he still felt this was the wrong time of year for an election, but felt that the joint
election would increase the voter turnout.
CONSIDER THE TEXAS COMMISSION ON TILE ARTS SUBGRANTING -MATCH
Mr. Schindler stated that acceptance was need on two grants from TCA which were applied for last year and approved
in advance by Council. The City requested $15,000 for two separate grants. The grants approved by TCA me: $6,941 for
subgranting and $4,491 for a mural.
CONSIDER AUTHORIZATION TO APPLY TO T.C.A. FOR GRANT FUNDS FOR FY 1993.94
Approval is requested to apply for the same granting for the next budget year (1993 -94). Subgranting in the amount
of $15,000 is being applied for and $15,000 for visual arts.
CONSIDER AN ARTS CONTRACT FOR MUSICAL PERFORMANCE IN THE AMOUNT OF $4,000 AS BUDGETED
Approval is requested for a contract of $4,000 for performance of the Messiah. This was a recommended project by
the Arts Commission.
Councilmember Carter asked what the "artistic" amount of $3,600 shown on the budget sheet was for. Ms. Pease stated
that this was for the soloists and orchestra in the Messiah.
Councilmember Gaines made the motion to approve 1) the Texas Commission on the Arts Subgranting- Match; 2)
authorization to apply to T.C.A. for grant funds for FY 1993 -94� and 3) an arts contract for musical performance in the amount
of $4,000 as budgeted. Councilmember Davis seconded the motion. A vote was taken and all were in favor. The motion passed
unanimously.
CONSIDER DRAFT LEGISLATION PROPOSED BY ELKINS LAKE MUNICIPAL UTILITY DISTRICT BOARD
FOR ACTION IN THE UPCOMING REGULAR SESSION OF THE TEXAS LEGISLATURE
Mayor Hodges introduced Larry Hoover, Lyndsay Phillips, Nick Nicholson and Rascoe Story of the E.LM.U.D. Board.
Mr. Hoover stated that the board would like to make a proposal to the state legislature to authorize the transfer of up
to $500,000 from the general operating account in the Municipal Utility District to the Road Utility District. The roads in Elkins
Lake are about 13 -20 years old and were not constructed to the standards they should have been. Serious deterioration began
in the mid 80's. The County budget does not allow them to make any meaningful contribution to road repair in Elkins Lake.
The condition of the roads was a primary instigation in a movement to incorporate Elkins Lake as a method to find a way to
finance repair of the roads. This movement failed. Allen Hightower then carried a bill to the legislature to authorize the Elkins
Lake Municipal Utility District to operate concurrently as a road utility district. This was passed with two provisions: 1) a
assessment cap of $.25 per $100 of valuation for road purposes, and 2) cap on bonded indebtedness for the purpose of road
construction ($100,000). ELMUD has approximately $150,000 each year to spend on road repair. About 1/3 of the miles have
been seal coated (mostly thoroughfares). The Board would like to transfer funds (up to $500,000) from the MUD to the BUD
to continue on the road resurfacing. E.L.M.U.D. is aware that an inflow study needs to be done and is aware that funds will have
to be expended to correct these inflow problems
Mayor Hodges stated that the inflow problems appear to major - when over 400,000 gallons per day are reached, water
and sewer permits from the City are at a stop. He felt that the sewer problems need to be addressed.
Mr. Hoover stated that they are willing to initiate repair of the sewer system, and plan to do so.
Councilmember Knotts asked if the cap was raised on the BUD bonded indebtedness, would that allow them to make
the road repairs without transferring from the MUD account. Mr. Hoover stated that this is not what they wanted to do.
Mayor Hodges asked if there was any urgency on the transfer of funds. Mr. Hoover stated that they are proposing this
for the upcoming legislature. ELMUD is asking for the City of Huntsville's endorsement as a reassurance when it goes to the L.
7
CITY COUNCIL MEETING OF NOVEMBER 23, 1992 BOOK "R" 141
legislature. Mayor Hodges stated, that he Council has a standing finance committee and would like to refer this matter to them
�? for review and come back to Council on December 15.
Councilmember Lange stated that the City has a responsibility to run a sewer system and felt a handle needed to be
I; taken on the current problem. Mr. Hoover stated that ELMUD has never given the City any reason to distrust them and they
have said they will work with the City of Huntsville on the water and sewer system.
Councilmember Bell asked if authorization was needed by the City. Mr. Hoover stated that if the City objected to the
proposal, it would probably not pass. j
i
CONSIDER ORDINANCE 92.11 -23A PROHIBITING CURB ZONE PARKING FOR A PERIOD
OF TIME LONGER THAN DESIGNATED AND MAKING A SEPARATE OFFENSE
TO CONTINUE SUCH VIOLATIONS FOR EACH SUCCEEDING UNIT OF TIME
Mr. Bounds stated that the Chief of Police has received complaints about the lack of enforcement of the parking in the
downtown area. The general policy of the department has been to ticket a vehicle one time during a day for overtime puking.
Several citizens have stated that they would like to see more tickets issued if the vehicle continues to violate the parking limit.
Councilmember Knotts made a motion to approve Ordinance 92 -11 -23.4 prohibiting curb zone puking for a period of
time longer than designated and making a separate offense to continue such violations for each succeeding unit of time, and
Councilmember Bell seconded the motion.
Councilmember Cuter asked if other cities have this policy. Mr. Bounds stated that the City of Houston's code of
ordinances does provide for multiple violations.
A vote was taken and all were in favor. The motion passed unanimously.
CITY MANAGER'S REPORT
1. Notice of landfill salvage contract termination. Mr. Pipes stated that the contractor at the landfill has terminated the
' contract of her own volition. She has been given until December 1 to vacate the premises. Anything left at the site will be
returned to the landfill area.
2. Consider acceptance of 1.025 acre tract from John Cooper for drainage, future utility, and greenspace.
Mr. Pipes stated that approval was requested of a gift of 1.025 acre tract from John Cooper. Actually this tract was given
the City back in December 1990. Evidently it was never formally approved - no record of official action can be found. This
location is adjacent to a creek and important for drainage and /or potential sewer easements that may come through in this area
in the future.
Councilmember Gaines made the motion to approve acceptance of 1.025 acre tract from John Cooper for drainage,
future utility and Ueenspace and Councilmember Knotts seconded the motion. All were in favor and the motion passed
unanimously.
;
3. Discuss relocation of passenger loading zone for Railroad Commission regulated vehicles on 12th Street.
Mr. Pipes stated that this item would be discussed under pending litigation in the Executive Session following the
meeting.
MAYOR'S ACPRTTY REPORT
Consider the appointment of Ms Diane Ratliff to the Arts Commission as Commissioner. Mayor Hodges stated that he was
appointing Ms. Ratliff to the Arts Commission replacing Jack Staggs who retired. She was the Chair of the 2020 Cultural Plan.
Councilmember Gaines made the motion to approve the appointment of Ms. Diane Ratliff to the Arts Commission as
Commissioner, and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously.
CITY COUNCILMEMBER ACTION (�
Trees - Avenue M and 20th Street. Councilmember Carter stated that there had been a lot of discussion regarding the trees on �!
Avenue M and 20th Street and his understanding is that some members of Council are willing to reconsider the decision taken
at the previous meeting. He is hopeful that the City can save money and preserve some of the trees.
�I
CITY COUNCIL MEETING OF NOVEMBER 23, 1992 BOOK "R"
142
Councilmember Davis stated that he agreed with Councilmember Carter and is one of the members willing to reconsider
.' the project. He requests that this item be put on the next agenda. Ile stated that in walking the site, he feels there may be a '
middle ground between the four alternatives looked at. He felt Council voted to cut the trees initially to comply with the
disabilities act and thinks that we may be able to do that without cutting all the trees.
Children at Play Signs on Avenue S and University north of 7th Street Councilmember Robinson asked about this item and Mr.
Pipes stated that he had a written document for him to review.
Innovative Playground. Councilmember Robinson stated that the City is the only entity that has not contributed to the Innovative
Playground and feels that the City should support this playground. He feels that many children come and enjoy the playground.
Trees - Avenue M and 20th Street. Councilmember Green stated that he supported the comments made by Councilmember Davis
and had already asked the City Manager to put this item on the next agenda. Councilmember Bell asked if the City's crews were
going ahead on the project and Mayor Hodges stated that it was on hold.
Outside City Water Rates. Councilmember Bell stated that he had requested this item on the agenda. Mayor Hodges stated that
it would be put on the next agenda
Trees - Avenue M and 20th Street. Councilmember Knotts stated that his main reason for voting to cut the trees is that there
are too many trees in close proximity to the pavement. The property owner has requested that the trees be taken out.
Councilmember Lange stated that he has been to the site and has tried to contact some of the members of our
community with disabilities. To date he has received no response. He feels that the community wants the trees to be saved.
25th Birthday of the Huntsville Public Library. Councilmember Lange invited everyone to the 25th Birthday Celebration at the '
Library on Saturday, December 5, at 2:00 p.m.
.I Trees - Avenue M and 20th Street. Councilmember Gaines stated that in the future items should be thoroughly investigated
before a decision is reached. Motions that are approved should stand. She also stated that the City should prohibit trees being
planted in right -of -ways in the future.
MEDIA INQUIRIES
None.
ADJOURNMENT
Danna Welter, City Secretary