MIN CC 02/02/19931 CITY COUNCIL MEETING OF FEBRUARY 2, 1993... _BOOK 'R"
158
! MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 2ND DAY OF FEBRUARY, 1993 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 Harold L. Norton Gene Pipes, City Manager
Ronald L Lange JoAnn Matthews Scott Bounds, City Attorney
William B. Green Ila G. Gaines Danna Welter, City Secretary
Jim Carter Dave Luning
ABSENT: William H. Knotts, Jr.
CITIZEN INPUT/INQUIRY
None.
REGULAR SESSION - CALL TO ORDER
Mayor Hodges called the meeting to order. Invocation by Reverend Cecil McKee.
CONSIDER THE MINUTES OF JANUARY 12, 1993
Councilmember Gaines made the motion to approve the minutes of January 19, 1993, and Councilmember Matthews seconded
the motion. All were in favor and the motion passed unanimouslv. NOTE: Councilmember Knotts was absent.
CONSIDER ORDINANCE 93.2.2.1 CERTIFYING THE RESULTS OF THE RUNOFF ELECTION
FOR WARD 2 CITY COUNCIL OFFICER
ORDINANCE NO. 93.2.2.1
AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL RUNOFF MUNICIPAL ELECTION
HELD WITHIN WARD 2 OF THE CITY OF HUNTSVILLE ON THE 30TH DAY OF JANUARY, 1993, FOR
THE PURPOSE OF ELECTING A COUNCILMEMBER FROM WARD TWO; DECLARING THE RESULTS
OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY
GIVEN; FINDING THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY
THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE, AND DECLARING
DAVE LUNING COUNCILMEMBER, WARD TWO.
FOR COUNCILMEMBER, WARD TWO
DAVE LUNING 177
MICHAEL PECK 152
JANUARY 30, 1993 RUNOFF ELECTION RESULTS
CITY RUNOFF ELECTION 8 RESULTS
;.VOTERS BYCITY PRECINCT
POSITIONf
C.ANROATE
EARLY-
201
21K.
TOTAL
WARD 2
MICHAEL PECK
19
68
65
152
DAV L UNIN G
26
72
79
177
BOOK "R"
14 percent of total;
43 percent of total;
44 percent of total;
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 330
TOTAL NUMBER OF REGISTERED VOTERS - 201 1910
TOTAL NUMBER OF REGISTERED VOTERS - 206 574
TOTAL NUMBER OF REGISTERED VOTERS IN WARD 2 2,484
PERCENTAGE OF REGISTERED VOTERS WHO VOTED 13%
159
Councilmember Gaines made the motion to approve Ordinance 93 -2 -2.1 certifying the results of the January 30, 1993, it
'< Runoff Election for Ward 2 City Council Officer, and Councilmember Norton seconded the motion. All were in favor and the
motion passed unanimously.
ADMINISTRATION OF THE OATH OF OFFICE TO THE DULY ELECTED OFFICER
City Secretary Danna Welter administered the Oath of Office to Dave Luning, Councilmember - Ward 2.
CONSIDER THE MAYOR'S APPOINTMENTS TO STANDING SUB - COMMITTEES OF CITY COUNCIL
AND CHAIRPERSONS; ELECT A MAYOR PRO -TEM
Mayor Hodges stated that the Finance Committee will be composed of Bill Green (Chair), JoAnn Matthews, Dan S. Davis
and Jim Cuter; the Personnel Committee will be composed of Ila G. Gaines (Chair), Harold L Norton, Dave Luring and Ron
Lange.
Councilmember Gaines made the motion to name Bill Green as Mayor Pro -Tem, and Councilmember Matthews seconded
the motion. All were in favor and the motion passed unanimously.
CONSIDER BIDS
1. Bid 93 -11, Surveying Instruments to Surveyors Instruments (brand - Top Con) in the amount of $23,930, as budgeted.
Councilmember Lange made the motion to approve Bid 93 -11 to Surveyors Instruments in the amount of $23,930, and
Councilmember Green seconded the motion. All were in favor and the motion passed unanimously.
2. Bid 93 -13, Wastewater Samplers, one bid received and unopened pending Council decision.
Mr. Schindler stated that since the agenda was posted, another bid was found to have been received by the due date. The
bids were opened and the recommendation from staff is to approve the bid to EMSI Incorporated in the amount of $5,570. There
was only $5,300 budgeted, and are recommending that the additional $270 from the reserve for future allocation in the water and
sewer fund.
Councilmember Green made the motion to approve Bid 93 -13 to EMSI Incorporated in the amount of $5,570, and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
3. Bid Proiect 92- 01 -93. Emancipation Park Slab Repair Can. one bid received and unopened pending Council decision.
Mayor Hodges stated that he recommended taking a different approach on this issue. He feels the problem can be solved
for less money. Mr. Pipes stated that capping the slab is more expensive than pouring a new slab. He recommends doing crack
CITY COUNCIL MEETING OF FEBRUARY 2, 1993
r!Total
I............................. ...............
voters casting ballots in Early Voting - 45,
Total voters casting ballots in Precinct 201 - 141,
Total voters casting ballots in Precinct 206 - 144,
BOOK "R"
14 percent of total;
43 percent of total;
44 percent of total;
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 330
TOTAL NUMBER OF REGISTERED VOTERS - 201 1910
TOTAL NUMBER OF REGISTERED VOTERS - 206 574
TOTAL NUMBER OF REGISTERED VOTERS IN WARD 2 2,484
PERCENTAGE OF REGISTERED VOTERS WHO VOTED 13%
159
Councilmember Gaines made the motion to approve Ordinance 93 -2 -2.1 certifying the results of the January 30, 1993, it
'< Runoff Election for Ward 2 City Council Officer, and Councilmember Norton seconded the motion. All were in favor and the
motion passed unanimously.
ADMINISTRATION OF THE OATH OF OFFICE TO THE DULY ELECTED OFFICER
City Secretary Danna Welter administered the Oath of Office to Dave Luning, Councilmember - Ward 2.
CONSIDER THE MAYOR'S APPOINTMENTS TO STANDING SUB - COMMITTEES OF CITY COUNCIL
AND CHAIRPERSONS; ELECT A MAYOR PRO -TEM
Mayor Hodges stated that the Finance Committee will be composed of Bill Green (Chair), JoAnn Matthews, Dan S. Davis
and Jim Cuter; the Personnel Committee will be composed of Ila G. Gaines (Chair), Harold L Norton, Dave Luring and Ron
Lange.
Councilmember Gaines made the motion to name Bill Green as Mayor Pro -Tem, and Councilmember Matthews seconded
the motion. All were in favor and the motion passed unanimously.
CONSIDER BIDS
1. Bid 93 -11, Surveying Instruments to Surveyors Instruments (brand - Top Con) in the amount of $23,930, as budgeted.
Councilmember Lange made the motion to approve Bid 93 -11 to Surveyors Instruments in the amount of $23,930, and
Councilmember Green seconded the motion. All were in favor and the motion passed unanimously.
2. Bid 93 -13, Wastewater Samplers, one bid received and unopened pending Council decision.
Mr. Schindler stated that since the agenda was posted, another bid was found to have been received by the due date. The
bids were opened and the recommendation from staff is to approve the bid to EMSI Incorporated in the amount of $5,570. There
was only $5,300 budgeted, and are recommending that the additional $270 from the reserve for future allocation in the water and
sewer fund.
Councilmember Green made the motion to approve Bid 93 -13 to EMSI Incorporated in the amount of $5,570, and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
3. Bid Proiect 92- 01 -93. Emancipation Park Slab Repair Can. one bid received and unopened pending Council decision.
Mayor Hodges stated that he recommended taking a different approach on this issue. He feels the problem can be solved
for less money. Mr. Pipes stated that capping the slab is more expensive than pouring a new slab. He recommends doing crack
CITY COUNCIL MEETING OF FEBRUARY 2, 1993 BOOK "R" 160
repair and applying a laykold surface (similar to tennis court surfaces). The remainder of the funds could be used to improve
other needed improvements in Emancipation Park.
Councilmember Green made the motion to reject the one bid received (unopened) on Project 92- 01 -93, and to examine
.i other possibilities for dealing with the surface of the Emancipation Park basketball court, and Councilmember Gaines seconded
J; the motion. All were in favor and the motion passed unanimously.
Councilmember Carter stated that he felt this was a good plan of action, but stated that former Councilmember Robinson
had felt this was a very important project and would like to we the repairs made in a timely manner.
Councilmember Green stated that he had talked to some residents in the area and their comment was that for that amount
of money they would like m we some work done to the building.
A vote was taken. All were in favor and the motion passed unanimously.
CONSIDER THE ROUTE OPTIONS FOR 10TH STREET EXTENSION EAST OF MARTIN LUTHER KING BLVD.
Mr. Pipes stated that two maps have been drawn up. One is the current configuration that is included in the City of
Huntsville's Comprehensive Plan. It shows the connection of 10th Street with Ryans Ferry Road. The alternate map (Plan B)
takes 10th Street directly due east of Martin Luther King Blvd. to intersect with Highway 30.
Councilmember Green made the motion to revise the transportation section of the Comprehensive Plan to reflect Plan
!' B (10th Street extension due east of Martin Luther King Blvd to intersect with Highway 30), and Councilmember Lange seconded
!. the motion.
Mayor Hodges stated that this seems to be a good solution and frees the Cemetery Association for their future
development and other property for development It seems to be in the best interest of the City for the long term transportation
it in the City.
A vote was taken. All were in favor and the motion passed unanimously.
CONSIDER A REQUEST FROM BELA KAROLYI TO BORROW TIIREE SETS OF BLEACHERS
FOR UPCOMING GYMNASTICS MEET AT THE KAROLYPS CAMP SITE
Mr. Pipes stated this request has been granted for the past several years. Mr. Karolyi has transported the bleachers to
- and from the camp site and taken good care of them.
The consensus of Council was to allow Mr. Karolyi to borrow the three sets of bleachers.
CONSIDER A REQUEST TO AUTHORIZE BIDS FOR HAND -HELD RADIOS FOR USE BY THE SURVEY CREWS
Mayor Hodges stated that this item was discussed in the budget process in the form of a decision package and was
rejected. Since mid -year budget adjustments are only 45 days away, he requested that this item be considered at that time.
Councilmember Cuter made a motion to table the request until the mid -year budget adjustments, and Councilmember
'. Lange seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Lange stated that when mid -year adjustments do come up, it is very important to look at this request.
" Presently the crews me receiving an override on the radios.
STATUS REPORT ON THE SOLID WASTE DISPOSAL OPTIONS RESEARCH BY S.C.S.
Mr. Wilder stated that staff had met with S.C.S. Engineers recently and they provided a schedule for the procurement
of professional services for the landfill and the co- composting. A representative from S.C.S. will attend the February 16 meeting
of Council to provide an update of the current status. Final selection of the bid process for the landfill will be March 31, 1993,
and the co- composting will be April 30, 1993.
Mr. Wilder stated that staff has been concerned about the closure of the current landfill under the Subtitle D regulations.
Staff is requesting permission to procure engineering services to begin the closure process officially for the part of the landfill that
is not in use today (approximately 120 acres). The process is expensive and complicated.
Councilmember Green made the motion to approve procuring engineering proposals to being the landfill closure process,
and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
REPORT ON THE MEETING WITH THE ELKINS LAKE MUNICIPAL UTILITY DISTRICT BOARD
CONCERNING INFILTRATIONIINFLOW STUDY
Mr. Wilder stated that staff met with the Elkins Lake Board on January 13 to discuss the infiltration /inflow problem. The
Board is very interested in correcting the problems. City staff will provide to the Board an estimated cost of what an
1
1
CITY COUNCIL MEETING OF FEBRUARY 2, 1993 BOOK 'B" 161
infiltration inflow study would cost, and a list of firms that provide the service. Information is currently being gathered. Staff is
' scheduled to meet with the Board on March 9.
CONSIDER A ORDINANCE AUTHORIZING THE TRINITY RIVER AUTHORITY TO SELL BONDS TO THE
TEXAS WATER DEVELOPMENT BOARD TO FINANCE PERMIT COMPLIANCE MODIFICATIONS
TO THE N. B. DAVIDSON (SOUTH) WASTEWATER TREATMENT PLANT
Mr. Pipes stated that the ordinance presented requests the Trinity River Authority to authorize the sale of bonds to the
Water Development Board. Staff is encouraging Council not to pass the resolution. The ordinance stated that for the purpose
of this issue the City would raise the rate and amount of ad valorem tax to be sufficient to assure payments. The bonds are
revenue bonds from the utility system and the City of Huntsville has rigorously segregated the proprietary funds. To pledge tax
revenues to assure the bonds would be contrary to the City of Huntsville policy. Council has until February 16 to approve the
ordinance. Staff is to meet with members of T -R.A. on Friday, February 5 to discuss this condition. Also to be discussed will be
the incorporation of $1.5 - $1.8 million in this issue to extend utilities to a T.D.CJ. 2000 bed jail site.
Councilmember Green made the motion to table the ordinance authorizing the Trinity River Authority to sell bonds to
the Texas Water Development Board to finance permit compliance modification to the N. B. Davidson (South) Wastewater
Treatment Plant, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER A PERMIT/LEASE AGREEMENT FOR CHILD CARE CENTER AT JACKSON SQUARE
Mayor Hodges stated that a similar agreement had been presented last year to Council and denied. He stated that he
has rethought his position on the agreement and feels that the City does give exclusive rights to other organizations. Mr. Pipes
stated that the center would use the playground for two hours each day (one hour in the morning and one hour in the afternoon).
At all other times the playground would be available to the general public. The center would incur the costs of fencing the area
and would purchase the playground equipment.
Councilmember Carter made the motion to approve a permit/lease agreement for child care center at Jackson Square.
), and Councilmember Green seconded the motion.
Councilmember Matthews asked what would happen if the center vacates Jackson Square before the termination of the
lease agreement. Mr. Pipes stated that the playground equipment would remain as a gift to the City of Huntsville. The center
'.. does have liability insurance.
A vote was taken. All were in favor and the motion passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Consider reappointments to Board of Adiustments and Appeals -
Mayor Hodges stated that he recommends the reappointments of Allan Pritchard, Joseph Rowe, and Carroll Joe Heaton
to the Board of Adjustments and Appeals.
Councilmember Gaines made the motion to approve the reappointments to the Board of Adjustments and Appeals, and
Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
2. Consider reappointment to Parks Advisory Board.
Mayor Hodges stated that he recommends the reappointment of Jill Baine to the Parks Advisory Board. There is another
position on the board that will need to be filled and asked for Council's recommendations at the Retreat on Saturday.
Councilmember Green made the motion to approve the reappointment of Jill Baine to the Parks Advisory Board and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
3. Consider preliminary agendas for: (1) Saturday, February 6, 1993 - City Council Staff Orientation/Update Retreat at the
City Service Center: and (2) Tuesday, February 16, 1993 - Regular Session, City Hall Council Chambers.
Mayor Hodges informed Council that the preliminary agendas for these two dates were in the packet.
CITY COUNCIL MEETING OF FEBRUARY 2, 1993 BOOK "R" - 162
CITY COUNCILMEMBER ACTION
1. Consider a letter of request that the Wal -Mart Corporation reconfigure their proposed Supercenter project to preserve
the on -site trees - Jim Carter
'
Mayor Hodges stated that Councilmember Carter had requested that the City Council go on record asking Wal -Mart to '..
''.. alter their plans to save the trees. Mayor Hodges stated that he agreed to draft an upbeat, positive letter on the subject and to
also welcome them to our community.
Councilmember Carter stated that his only concern was with who the letter was addressed to. He asked if he might submit
several other names that the letter can be mailed to.
Councilmember Lange stated that the issue has been sensationalized. It has been said that these trees are two hundred !.
years old; Sam Houston slept and watched butterflies under these trees. He stated that he visited the site and bored two trees.
The trees were not even close to 200 years old.
Councilmember Lange stated that he is concerned because we are asking Wal -Mart to move their building. He does not
want to we the building moved up close to IH -45 and the grove of trees hidden behind the building. He feels that Wal -Mart is
- more than meeting the landscaping requirement at 30%.
Councilmember Carter stated that he is requesting that the building be moved north and not forward. He stated that he ,.'.
has heard that Wal -Mart is sensitive to the needs of communities and wants to be a good neighbor.
Councilmember Gaines stated that she felt it was not proper at this point, with the plans already being approved, to write'
them a letter asking them to save the trees.
Councilmember Green stated that he would like to see the trees saved, but does not feel this is the proper mechanism.
- to accomplish it. He felt it appropriate for the Chamber and other organizations to send letters, or even individual members of
Council. He stated he felt the role of City Council was to make policy to deal with the entire environmental issue and to single
out any individual firm to try to impose on them what we may not on other is wrong.
Councilmembers Carter and Davis both stated that the City Council is not imposing or requiring them to save the trees,
but asking them if it would be possible.
Councilmember Norton stated that he was concerned about how Wal -Mart will perceive the letter. He feels that the
'
Council as a whole should leave the issue alone.
Councilmember Carter made the motion to send a letter of request to Wal -Mart Corporation to reconfigure their
proposed Supercenter project to preserve the on -site trees, and Councilmember Davis seconded the motion. Councilmember
Cuter. LuninL Matthews. Davis. and Mayor Hodges voted for, and Councilmembers Lange, Green, Norton and Gaines voted
against. The motion passed 5 -4
2. Discussion of the library/Cultural Centerrl'heater proiect and proposed General Obligation _Bond Issue - Ila Gaines and
Ron Lange.
Councilmember Gaines stated that for approximately three years the City has been pursuing a project to meet the facility
needs of the primary Cultural activities of our community. We have studied, explored, examined, listened and carefully planned
a project to meet the well documented deficiencies in the area of our Library, meeting room space, and a theater home for our
citizens. We have a fine working architectural model and renderings of a facility that would meet the needs as were determined
in a two day, public, consensus building effort held last October.
The question now arises.. "Where do we go from here ? ". The answer as our committee views it, rests in four observable
facts. These items are as follows:
...We welcome three new members of Council to the process of decision making on this and other important
issues. We are sure that each of our new members are aware of the LGC.C. -T initiative, but expect that there is
a considerable amount of background information needed for our new partners in the project, to make informed
decisions about neat -step plans.
... H.1-S.D. has announced a large bond issue referendum for the remodeling of the Junior High School and
Middle School Campuses for Late March, 1993. This timing circumstance is, most likely, not conducive for a
concurrent referendum offered by the City. -
CITY COUNCIL MEETING OF FEBRUARY 2,1993 BOOK "R" 163
...Some Sam Houston Birthday Bicentennial historical research has turned up the unrealized facts that the
proposed site on 7th Street may be part of the original Joshua Houston homestead tract and is near the Bishop -
Ward College site.
...These historical facts may be useful in pursuit of State and Federal grants to defray some of the costs of such
a project and certainly deserve to be explored prior to carrying the issue to the voters. We have taken the liberty
to ask Mr. Jack Steel of H.G.A.C. to visit Huntsville in mid February to assist us with this possible funding source.
If all else fails, we would at least benefit from exhaustion of all alternatives before seeking General Obligation
Bond authorization. Such an effort would be yet another very deliberate step to demonstrate our careful
stewardship of this project.
We have come a long way to get to this point. We have brought the Council up -to -date on the project at each juncture it
in an effort to assure that everyone was well informed and supportive. We recognize that there is a general expectation to press
ahead on the financing issue by calling a bond election in the near future, but we also recognize that there is some work that still
l
needs to be done to urge passage by the voters. As usual, there are some elements, such as timing, that are subjective calls at
best.
We do not want to loose any momentum and support that we have already engendered by our on -going effort, but we
do believe that the possible historical significance of the site and grant exploration work will further infuse the spirit of progress
and sense of community, that will be valuable assets in a campaign effort. We plan to talk in greater detail about the proposed
project at our retreat - orientation meeting on Saturday, February 6th. Hopefully, we will receive your consensus concurrence with
this strategy at that time.
i
New Councilmembers and Retiring Councilmembers
' Councilmember Carter stated that he was sorry he was absent when the new members were sworn in on January 19th,
and sorry he wasn't here to say good -bye to Bill Knotts, Gary Bell and Charles Robinson.
He stated that Council will miss Bill Knott's expertise as an engineer and Gary Bell had a strong hand in zoning the City
of Huntsville. Councilmember Carter stated that Charles Robinson was an advocate for his neighborhood and served Council
well.
MEDIA INQUIRIES
None.
ADJOURNMENT
I
Danna Welter, City Secretary