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MIN CC 06/08/1993CITY COUNCIL MEETING OF JUNE 8, 1993 BOOK "R" 203 I 1 CITIZEN INPUT /INQUIRY Roger Smith - Pokey's Town. Mr. Smith stated that he has owned the Ice I-louse for six years. He states that his catering permit has been denied for use at his new business - Pokey's Town (old Town Theater). At the time the permit use was f` denied, the City was called by T.A.B.C. to measure the distance from schools,' churches, hospitals. The City found that there was I� a church within 300 feet. The location that was identified as a church had no markings, identification, etc. at the time (March G 29). He stated that he has been working on Pokey's Town for several years, planning to bring quality entertainment to Huntsville. Ij Mr. Smith stated that he will file a petition for a variance to the City at the next Council meeting on June 29th. Dorothy Shandera - Sister Cities Update. Ms. Shandera stated that the Sister Cities program has been very successful and hopes that the City will continue to participate in the program. She stated that she and her husband took four students to Japan for two weeks last summer. Their lives and the four students lives have been enriched by the visit. Students from Niiharu Village, Japan will be visiting Huntsville in August of this year. Host families are needed for some of the students that are to visit this summer. Mayor Hodges stated that it is a very worthwhile program and supports it. Councilmember Lange stated that his daughter was one of the four students that visited Japan last summer and it has had a lasting affect on her. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. Invocation by Councilmember Matthews. CONSIDER MINUTES OF MAY 25, 1993 Councilmember Gaines made the motion to approve the minutes of May 25, 1993, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZEN Mr. Clint Adams. Mr. Adams stated that he is requesting that City Council uphold the ordinance regarding animals in the City limits. He stated that Mc Heaton has stock on his property within 125 feet of his back fence. Mr. Adams stated that he cannot even stand in his back yard for the smell and the flies. He has been in contact with City staff to correct this problem. Mr. Pipes stated that Mr. Heaton had requested at the last Council meeting that his property be grandfathered or he be given a variance since it was purchased before it became a part of the City. Mr. Pipes stated that the issue before Council is 1) does the livestock ordinance stand as written, or 2) instruct staff to modify the ordinance. Consensus of Council was to enforce the ordinance as written. CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH NAYLOR ENVIRO SYSTEMS, INC. FOR ANALYSIS OF THE INFILTRATIONIINFLOW PROBLEM IN THE ELMUD SEWER COLLECTION SYSTEM Mr. Pipes stated that this agreement would he for the investigation /inspection of the Elkins Lake sewer collection system -? and the cost would be reimbursed by the ELMUD. The cost is estimated to he $46,300, but may run higher depending on the 0 weather ($60,000 if an additional 15 days is required). Elkins Lake MUD has agreed to reimburse an amount not to exceed 1 $66,000. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF JUNE, 1993 IN THE CITY HALL CONFERENCE ROOM, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNFSVILLE, 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: ji Dan S. Davis Harold L. Norton Gene Pipes, City Manager �i Ronald L. Lange loAnn Matthews Scott Bounds, City Attorney I� William B. Green Ila G. Gaines Donna Weller, City Secretary I� Jim Carter Dave Luning I 1 CITIZEN INPUT /INQUIRY Roger Smith - Pokey's Town. Mr. Smith stated that he has owned the Ice I-louse for six years. He states that his catering permit has been denied for use at his new business - Pokey's Town (old Town Theater). At the time the permit use was f` denied, the City was called by T.A.B.C. to measure the distance from schools,' churches, hospitals. The City found that there was I� a church within 300 feet. The location that was identified as a church had no markings, identification, etc. at the time (March G 29). He stated that he has been working on Pokey's Town for several years, planning to bring quality entertainment to Huntsville. Ij Mr. Smith stated that he will file a petition for a variance to the City at the next Council meeting on June 29th. Dorothy Shandera - Sister Cities Update. Ms. Shandera stated that the Sister Cities program has been very successful and hopes that the City will continue to participate in the program. She stated that she and her husband took four students to Japan for two weeks last summer. Their lives and the four students lives have been enriched by the visit. Students from Niiharu Village, Japan will be visiting Huntsville in August of this year. Host families are needed for some of the students that are to visit this summer. Mayor Hodges stated that it is a very worthwhile program and supports it. Councilmember Lange stated that his daughter was one of the four students that visited Japan last summer and it has had a lasting affect on her. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. Invocation by Councilmember Matthews. CONSIDER MINUTES OF MAY 25, 1993 Councilmember Gaines made the motion to approve the minutes of May 25, 1993, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZEN Mr. Clint Adams. Mr. Adams stated that he is requesting that City Council uphold the ordinance regarding animals in the City limits. He stated that Mc Heaton has stock on his property within 125 feet of his back fence. Mr. Adams stated that he cannot even stand in his back yard for the smell and the flies. He has been in contact with City staff to correct this problem. Mr. Pipes stated that Mr. Heaton had requested at the last Council meeting that his property be grandfathered or he be given a variance since it was purchased before it became a part of the City. Mr. Pipes stated that the issue before Council is 1) does the livestock ordinance stand as written, or 2) instruct staff to modify the ordinance. Consensus of Council was to enforce the ordinance as written. CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH NAYLOR ENVIRO SYSTEMS, INC. FOR ANALYSIS OF THE INFILTRATIONIINFLOW PROBLEM IN THE ELMUD SEWER COLLECTION SYSTEM Mr. Pipes stated that this agreement would he for the investigation /inspection of the Elkins Lake sewer collection system -? and the cost would be reimbursed by the ELMUD. The cost is estimated to he $46,300, but may run higher depending on the 0 weather ($60,000 if an additional 15 days is required). Elkins Lake MUD has agreed to reimburse an amount not to exceed 1 $66,000. CITY COUNCIL MEETING OF JUNE 8, 1993 BOOK "R" -204 Mr. Pipes stated that it is the intention of the ELMUD to address the problems as they are identified. 1 Councilmember Luring made the motion to approve a professional services agreement with Naylor Enviro Systems, Inc.. � for analysis of the infiltration/inflow problem in the ELMUD sewer collection system, and Councilmember Green seconded the i motion. All were in favor and the motion passed unanimously. CONSIDER AN 80120 PARTICIPATION GRANT FROM THE SOIL CONSERVATION SERVICE FOR EROSION CONTROL ON TOWN BRANCH AT NORTH OAK MOBILE HOME PARK Mr. Pipes stated that the City has received an 8020 participation grant from the Soil Conservation Service for erosion control on Town Branch. The total cost of the project is $40,000, with the City's share at $8,000. The owner of the North Oak Mobile has agreed to pay half of the City's 20% portion ($4,000). Councilmember Matthews made the motion to approve the 8020 participation grant from the Soil Conservation Service for erosion control on Town Branch and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON PROJECT NO. 92 -03 -09.2, SANITARY LANDFILL PIT CONSTRUCTION Bids have been received on construction of the remainder of the pit needed for solid waste disposal through October. The low bid was received by Southern States Equipment, Corp., in the amount of $72,106.19 and would be paid from budgeted funds. Councilmember Lange made the motion to approve the bid on Project No. 92-03-09.2, Landfill Pit Construction to Southern States_ Equipment, Corp., in the amount of $72,106.19, and Councilmember Norton seconded the motion. All were in favor and the motion passed unanimously CONSIDER EMERGENCY REPAIRS TO VEHICLE 74 -467 Mr. Pipes stated that the engine in this dump truck (74 -467) has failed and needs to be replaced as soon as possible. This vehicle is used extensively in the paving program and the landfill. The cost of the remanufactured Cat 3208 engine is $10,335 of which $4,110 will be returned to the City when the old engine is delivered to Mustang Equipment, the authorized Cat dealer. The actual cost of the engine will be $6,225. Councilmember Gaines made the motion to approve the emergency repairs to Vehicle 74 -467 to Mustang Equipment in the amount of $10,335 ($4,110 to be rebated by Mustane). and Councilmember Lunine seconded the motion. All were in favor 1I and the motion passed unanimous[ CONSIDER AN AMENDMENT TO THE S.C.S. ENGINEERING SERVICES CONTRACT TO PROVIDE FOR CONSTRUCTION SUPERVISION FOR THE TRANSFER STATION PROJECT AT A COST NOT TO EXCEED $65,000 Councilmember Lance made the motion to approve the amendment to the S.C.S. Engineering Services contract to provide construction supervision for the transfer station project at a cost not to exceed $65000 and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A CONTRACT FOR SOLID WASTE DISPOSAL SERVICES WITH WASTE MANAGEMENT, INC. '! Mr. Bounds stated that the contract may be ratified by ordinance at a late[ date. The draft contract has been revised I! several times by the City and Waste Management. Waste Management indicated that they will not guarantee [heir prices for the five year period unless the City agrees that any landfilling the City does must be at their landfill. There is no minimum amount of solid waste required. Garbage may be disposed of at our landfill as long as it remains open. The City- can co- compost or I1 recycle any materials to reduce landfilling. Councilmember Carter asked about section 10.04, regarding labor strikes. Mr. Bounds stated he had checked on that issue, but it is common for contracts to include labor strikes as being beyond reasonable control. The contract will be in effect until September 30, 1998. Councilmember Green made the motion to 9p prove the contract for solid waste disposal services with Waste I� , Management, Inc., and Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously. [NOTE: Councilmember Davis abstained from the vote due to a conflict of interest] CITY COUNCIL MEETING OF JUNE 8, 1993 BOOK "R" 205 CONSIDER A DRAFP WATER CONSERVATION PLAN AS REQUIRED BY THE TEXAS WATER DEVELOPMENT BOARD A draft Water Conservation Plan was submitted in Austin in April and notice was given that the Plan was approvable. itStaff has reviewed the draft plan and has made several changes. The new draft Plan will be submitted in Austin in early July, with the Plan scheduled for the July 13 agenda for adoption. It is a requirement by the Texas Water Development Board that �j the City adopt a Water Conservation Plan. DISCUSS THE RAMIFICATIONS OF THE 1992 CABLE ACT Mr. Bounds stated that he had attended a conference and received reaction on the 1992 Cable Act. The FCC is in the process of generating the rules of the Act The end result of the regulations is that the FCC is allowing the cities to regulate rates for local cable service based on one of two methods -- Benchmark method and Cost of Service method. The FCC has frozen cable TV rates through August 3, 1993. It is recommended that cities submit a FCC form 328 and for cities to adopt rules to regulate cable service consistent with FCC regulations. Mr. Bounds stated that he recommends filing FCC form 328 as soon as it is available. CONSIDER A REPORT ON MINORITY RECRUITMENT AND DISCUSS EMANCIPATION PARK VIOLENCE Mr. Pipes stated that Chief Eckhardt had submitted an update on minority recruiting. The officers in the department were responsible for twelve submissions of minority recruits. Of these submissions, two officers were hired - one female and one black. Both candidates were recruited by the Chief. Mr. Pipes stated that there has been positive responses from citizens regarding the Emancipation Park violence problem. The HEAP programs in both Emancipation Park and Cedarwood are a success. Many activities are planned in Emancipation Park for the Juceteenth Celebration. MAYOR'S ACTIVITY REPORT 1. Brenham area cities co- composting meeting. Mayor Hodges stated that he, Mr. Pipes, Mr. Wilder and Mr. Isbell had attended a meeting in Brenham regarding co- 1 composting. Representatives were present from Bryan, College Station, Caldwell, Bellville, Hempstead, and Navasota. All these cities are faced with the same solid waste disposal problems as the City is facing. Huntsville is way ahead of these other cities in preparing for the Subtitle D regulations implementation. The possibility of co-composting was discussed. Minutes of the meeting , will be forwarded to the City after transcription, 2. Summer dress code for City Council meetings. Mayor Hodges stated that a summer dress code for Councilmembers would be in affect - no war and tie. CITY COUNCILMEMRER ACTION Cutting of Trees. Councilmember Carter stated that Mrs. Knox on Royal Oaks called and informed him that GSU is cutting trees in her back yard. He stated that he looked at the site and it appears that GSU over trimmed. Minority Recruitment. Councilmember Carter commended Chief Eckhardt and Lt. Pemberton on the success of minority recruitment. Councilmember Luning seconded Councilmember Carter's comment. HEAP Program. Councilmember Carter stated that he was impressed with the increased attendance in the Emancipation Park and Cedarwood areas. He still would like Council to address year round programs for at risk children. Cultural Center Brochure. Councilmember Carter stated that he had received a brochure regarding the Cultural Center and feels there is a misrepresentation in i[. It stated that "[he increase to your total bill will be 2.7% ". The statement is true, but the ' increase to the City's tax rate will be IS %. Ile feels that the community is being misled. Traffic Accident Councilmember Davis stated that there has been one accident on F.asdham due to the installation of stop signs. Juneteenth Parade. Councilmember Matthews stated that she would be in the Juneteeuth Parade and hoped the other Councilmembers would be able to participate. CITY COUNCIL MEETING OF JUNE 8, 1993 BOOK "R" 206 Cultural Center Brochure. Councilmember Gaines stated that she would take issue with the comments made by Councilmember Carter. There has been no attempt to hoodwink the public. The information in the brochure is provided for the public's use. Councilmember Lange stated that the Steering Committee that was formed for the Bond Election is comprised of reputable and competent individuals. They had no intention to misrepresent any issue. MEDIA INQUIRIES Ms. Dial asked about the trip to see the Sam Houston Statue and the status. Mayor Hodges suggested that she contact David Adickes and visit with him regarding the statue. He stated that Mr. Adickes has made a lot of progress. Ms. Dial asked who paid for the brochure regarding the bond election. Councilmember Lange stated that mailing was paid from private funds. ADJOURNMENT City Council recessed into Executive Session [6:28 p.m. to 6:35 p.m.]. Dmma Welter, City Secretary