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MIN CC 02/08/1994CITY COUNCIL MEETING OF FEBRUARY 8, 1994 BOOK "R" 268 CITIZEN INPUTANQUIRY REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. INVOCATION Invocation by J. D. Schindler, Director of General Services. CONSIDER THE MINUTES OF JANUARY 18, 1994 Councilmember Green made the motion to approve the minutes of January 18 1994 and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously. RECEIVE AND CANVASS THE RESULTS OF THE RUNOFF MUNICIPAL ELECTION ' FOR AT -LARGE POSITION FOUR HELD FEBRUARY 5, 1994 ORDINANCE NO. 94 -02 -08.1 AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 5TH DAY OF FEBRUARY, 1994, FOR THE PURPOSE OF ELECTING COUNCILMEMBER AT- LARGE, POSITION FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. FOR COUNCILMEMBER AT- LARGE, POSITION FOUR BETTE NELSON .............................. 179 DAVID MARTINEZ ............................ 370 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF FEBRUARY, 1994, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in regular session with the following members present: COUNCILMEMBERS: W. H. Hodges, Mayor Marjorie Rex Officers: Dan S. Davis David Martinez Gene Pipes, City Manager William B. Green Dave Luning Danna Welter, City Secretary Ronald L. Lange Jim Carter Scott Bounds, City Attome3 JoArm Matthews Harold Norton CITIZEN INPUTANQUIRY REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. INVOCATION Invocation by J. D. Schindler, Director of General Services. CONSIDER THE MINUTES OF JANUARY 18, 1994 Councilmember Green made the motion to approve the minutes of January 18 1994 and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously. RECEIVE AND CANVASS THE RESULTS OF THE RUNOFF MUNICIPAL ELECTION ' FOR AT -LARGE POSITION FOUR HELD FEBRUARY 5, 1994 ORDINANCE NO. 94 -02 -08.1 AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 5TH DAY OF FEBRUARY, 1994, FOR THE PURPOSE OF ELECTING COUNCILMEMBER AT- LARGE, POSITION FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. FOR COUNCILMEMBER AT- LARGE, POSITION FOUR BETTE NELSON .............................. 179 DAVID MARTINEZ ............................ 370 CITY COUNCIL MEETING OF FEBRUARY 8, 1994 BOOK "R" CITY OFFICER'S RUNOFF ELECTION ' COUNCILMEMBER AT -LARGE, POSITION 4 FEBRUARY 5, 1994 269 Total voters casting ballots in Early Voting - 204, 37 percent of the total; Total voters casting ballots in Precinct 101 - PRECINCT CANDIDATE BETTE NELSON DAVID MARTINEZ EARLY 61 143 101 4 21 102 43 68 201 36 43 206 15 19 301 10 30 401 10 46 TOTALS 179 370 Total voters casting ballots in Early Voting - 204, 37 percent of the total; Total voters casting ballots in Precinct 101 - 25, 5 percent of the total; Total voters casting ballots in Precinct 102 - 111, 20 percent of the total; Total voters casting ballots in Precinct 201 - 79, 14 percent of the total; Total voters casting ballots in Precinct 206 - 34, 6 percent of the total; Total voters casting ballots in Precinct 301 - 40, 7 percent of the total; Total voters casting ballots in Precinct 401 - 56, 10 percent of the total. TOTAL VOTERS CASTING BALLOTS IN THIS ELECTION: 549 Total number of registered voters in Precinct 101 - 956 Total number of registered voters in Precinct 102 - 2,793 Total number of registered voters in Precinct 201 - 1,866 Total number of registered voters in Precinct 206 - 567 Total number of registered voters in Precinct 301 - 1,819 Total number of registered voters in Precinct 401 -2,200 TOTAL REGISTERED VOTERS: 10,201 PERCENTAGE OF REGISTERED VOTERS WHO VOTED: 5% CITY COUNCIL MEETING OF FEBRUARY 8, 1994 BOOK "R" Runoff Municipal Election, and Councilmember Liming seconded the motion, All were in favor and the motion passed unanimously FAREWELL TO OUTGOING MEMBER OF COUNCIL AND ADMINISTRATION OF THE OATH OF OFFICE TO THE NEWLY ELECTED MEMBERS The Oath of Office was administered to newly elected member David Martinez. Retiring Councilmember and Mayor Pro Tom Bill Green was presented with a Proclamation from the Texas State Senat� commending his service to the City of Huntsville. CONSIDER ELECTION OF MAYOR PRO TEM FOR 1994 CONSIDER RESOLUTION 94 -02 -08.1 APPOINTING A DELEGATE AND ALTERNATE TO THE H.G.A.C. GENERAL ASSEMBLY AND BOARD OF DIRECTORS CONSIDER REORGANIZATION OF SUB - COMMITTEES OF CITY COUNCIL Mayor Hodges stated that the Personnel Committee will consist of. Ron Lange - Chairman, Harold Norton, Jo Matthews and David Martinez. The Finance Committee will consist of. Dan Davis - Chairman, Jim Carter, Dave Luning, Marjorie Rex. CONSIDER AN INTERLOCAL GOVERNMENTAL AGREEMENT WITH T.D.C.J: I.D. TO RECEIVE A RECONDITIONED LADDER TRUCK FOR CONSIDERATION OF RESPONDING TO AGENCY EMERGENCY CALLS This item was postponed until the next agenda. CONSIDER A MODIFIED AGREEMENT WITH THE GOOD SHEPHERD MISSION ' TO OPERATE A PRIVATE COLLECTION FACILITY FOR LIMITED TYPES OF SOLID WASTE 'I Scott Bounds, City Attorney, stated that the Good Shepherd Mission has made some modifications to the agreement approved by Council at its last meeting. Mayor Hodges recommended the passage of the modified agreement and noted that there is a ten day cancellation clause. Councilmember Carter felt the Mission should keep records and report to Council periodically. Mr. Bounds stated that instead of "may ", "should" would be added to the contract. Mr. Bounds stated that a letter to the Mission would be written stressing the importance of record keeping and request the Mission report to Council regularly - perhaps quarterly. Councilmember Luning stated that he felt that Council was setting policy without consideration of other similar that could fall into the same situation. He was also concerned that the Mission may not enclose the facility. A vote was taken. All voted for except Councilmember Luning. The motion passed 8 -1. REPORT TO COUNCIL ON MR. TOONEY'S APARTMENT RATE CONSIDERATION Mr. Bounds stated that he, Ms. Allen and Ms. Tumer have visited the apartments . Each of the apartments have sepan rooms with separate kitchen and bathroom facilities and therefore, would constitute a dwelling by the City Development Code. T minimum utility bill for a dwelling is $32.36. The City does make an adjustment for apartment unit vacancies. Mr. Tooney suggests that an allowance be made for the age of the structure. Such a billing system would not be eifl workable or more equitable. There are other methods to charge for utilities for apartments. Mr. Bounds recommended that City Council budget for a utility rate study to accommodate the commitment to the St in water conservation and to review the issue raised by Mr. Tooney. The City's last utility rate study was conducted in August 1989. CONSIDER A REQUEST FROM HUNTSVILLE BOYS BASEBALL ASSOCIATION TO PARTICIPATE IN CONSTRUCTION OF A 990 SQUARE FEET STORAGE BUILDING AT ROSS PARK IN THE AMOUNT OF $9,250 Mr. Wilder stated that the H.B.B.A, has provided a proposal to participate in construction of a storage building in Rosh, Park with the City's portion being $9,250. The total estimated cost of the project is $17,500. The City has not had a lot of find' ' to review the plans at this time. Mayor Hodges stated that this would be a permanent improvement to Kate Barr Ross Park and feels staff should review the plans and come back to Council with recommendations. He does feel the City Council should support this proposal. After Council discussion, a motion was made. CITY COUNCIL MEETING OF FEBRUARY 8, 1994 BOOK "R" 271 motion. Councilmembers Carter. Martinez and Mayor Hodges voted for, and Councilmembers Davis, Norton, Lange, Rex, Matthews and Luning voted against. The motion failed 6 -3. CONSIDER A REQUEST FROM HUNTSVILLE GIRLS SOFTBALL ASSOCIATION TO PLACE A TEMPORARY 8 X 8 X 20 STORAGE CONTAINER IN A DESIGNATED AREA OF FIELD 8 AT KATE BARR ROSS PARK Mr. Wilder stated that the Girls Softball Association is requesting permission to place a temporary storage building in the area of Field 8 at Kate Barr Ross Park and would maintain the storage container as specified by the City. The building would belong to the Association and if it becomes dilapidated, the City could request it be removed. The Association's long range plans are to build a permanent concession stand/storage building. Councilmember Carter made the motion to approve the request from H.G. S.A. to place a temporary storage container in a designated area of Field 8 at Kate Barr Ross Park, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A PROPOSAL FOR ENGINEERING EVALUATION ON TASTE AND ODOR CONTROL H.R.W.S.S. WITH ALAN PLUMMER & ASSOCIATES, INC., AT A COST NOT TO EXCEED $25,000 USING RESIDUAL FUNDS FROM THE FY 1993 H.R.W.S.S. O &M BUDGET Mr. Wilder stated that this project would be funded from the unearned revenue in the Trinity River Authority budget at a cost not to exceed $25,000. CONSIDER BIDS ON PUBLIC IMPROVEMENTS PROJECT 93- 11 -08, COMMERCE PLAZA 12" WATER LINE TO DOUGHTIE CONSTRUCTION IN THE AMOUNT OF $27,449 Councilmember Matthews made the motion to approve the bid to Doughtie Construction in the amount of $27,449 for project 93 -I1 -08 on the 12" water line at Commerce Plaza, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER CHANGE ORDERS #2 AND #3 TO THE LANDFILL CLOSURE CONTRACT WITH GRISHAM CONSTRUCTION Mr. Wilder stated that these change orders are directly related to the problems encountered with the SCS plans. Change Order #3 is in the amount of $25,000 for down time associated with the aerial mapping errors and the corresponding plans revisions by SCS during the period from September 22, 1993 to October 20, 1993. CONSIDER A REQUEST FOR CITY PARTICIPATION IN A PROPOSED WATER MAIN EXTENSION OF F.M. 980 BY S.C. MAXWELL, CO., IN THE AMOUNT OF $11,807.64 Mr. Wilder stated that S.C. Maxwell Company has asked for City participation, both in funds and design, in the extension of a water line along FM 980, approximately 700 11 to provide fire protection to the proposed development (Head Start Program). Staff recommends that if Council participates in this project, it be considered a standard utility extension request with oversize requirement (from six inch to twelve inch). Councilmember Lunma made the motion to approve Citv participation in the proposed water line extension of F. M. 980, only pertaining to the oversizing policy in the amount of $8,049.50- and Councilmember Davis seconded the motion. NOTE: Ron Lange signed a Conflict of Interest Affidavit and abstained from the discussion and vote. A vote was taken. All were in favor except Councilmember Carter. The motion passed 8 -1. CONSIDER A STATUS REPORT ON THE SOLID WASTE TRANSFER STATION PROJECT Mr. Wilder stated that the City has received the final plans for the transfer station from Goodwin - Lasiter. The Building Department is currently reviewing the plans. The bidding period will begin February 9 and go through March 15 (bid opening). The bids will be reviewed and will be presented to Council on March 29. Construction to begin in April and be finished in August. Staff is requesting Council give guidance regarding pertnit/registration process for the transfer station. In May of last year (prior to the regulations being official), Council and staff collectively agreed not to pursue a permit/registration for the transfer station. The regulations came out in November and it is apparent the City is not required to permit, but may be required to register and allow T.N.R.C.C. to review the plans. Consensus of Council was to stand by original decision and not permit/register the transfer station. CONSIDER THE QUARTERLY BUDGETED ADJUSTMENTS AND BUDGET REPORT FOR THE PERIOD ENDING DECEMBER 31, 1993 Councilmember Davis made the motion to approve the quarterly budget adiustments and budget report for the period ending December 31, 1993, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF FEBRUARY 8. 1994 CONSIDER APPROVAL OF TAX SALE OF TRUST PROPERTIES AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Ms. Allen stated that the Appraisal District has received sealed bids on three properties and recommend these propertie be sold. The Public Works Department indicated that the 2401 - 021 -0- 01500, Tr. 15, Blalock, Sec 1 Lake, Section, be retained b the City and the City purchase this property for a drainage problem/correction. REVIEW TAX REPORT FOR DECEMBER AND JANUARY AND APPROVAL OF ADJUSTMENTS TO THE TAX ROLL AS APPROVED BY GROVER COOK, CHIEF APPRAISER Ms. Allen stated that the December adjustments are $152.68 to the current roll, and $1,314.93 to the delinquent The January adjustment total to $910.58 to the current roll. roll, and Councilmember Rex seconded the motion CONSIDER ORDINANCE 94 -02 -08.2 AMENDING THE INVESTMENT POLICIES CONSIDER THE ANNUAL INVESTMENT REPORT FOR THE YEAR ENDED 9 -30 -93 Councilmember Davis made a motion to approve the annual investment report for the year ended 9 -30 -93 and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimouslv. CONSIDER ORDINANCE 94 -02 -08.3, CLAIM AND DELIVERY CERTIFICATE OF OBLIGATION FOR A STREET SWEEPER (ROAD BROOM) IN THE AMOUNT OF $22,800 AT AN INTEREST RATE OF 6% MAYOR'S ACTIVITY REPORT Consider appointment of Ms. Ila G. Gaines to the Arts Commission replacing Mrs. Betty Herlong; and Dr. Bill Green the Board of Adjustment- Zoning. unanimously. 2. Consider a letter to the U. S. Post Office concerning sub - stations and puking. Consensus of Council was to send the letter as drafted to the U. S. Post Office, with copies to Senators Gramm Hutchison and Representative Wilson. Spring calendar of meetings and events. Attached for City Council. City Council orientation day program - February 19th. Agenda for February 19th provided for Council. 5. Sam Houston Statue update. Mr. Pipes stated that $13,000 have already been collected for the statue and a clear indication that pledges ar< $20,000. The City is collecting and depositing funds for the statue. Chlorine samples were taken of the site and the statue location has been moved approximately 50 feet. City David Zellar has been at the site flagging various varieties of native species of trees. CITY COUNCH.MEMBER ACTION Mayor Pro Tem. Councilmember Carter thanked Council for their vote for him as Mayor Pro Tem, JJ H.G.A.C. Councilmember Carter congratulated Dan Davis as the City's H.G.A.C. representative and hoped that the City woulq , focus a great deal of attention to grants available through this organization. Cable TV. Councilmember Carter requested that the hearing for the Cable TV regarding the Spanish channel be held off the F,C.C. completes their rulings. CITY COUNCIL MEETING OF FEBRUARY 8, 1994 BOOK "R" 273 Utility Rate Study. Council ember Carter asked i18 utility rate study is planned for this year. Mr. Pipes stated that he hoped it d would be a part of the fall budget considerations. �! L T.D.O.T. Letter. Councilmember Loring requested that staff contact the Texas Department of Transportation asking for the relating data used in making their decisions regarding the intersection of Pleasant and Highway 75 North, and 7th Street and Avenue M. Audit Letter. Councilmember Davis stated that Finance Committee had met with the Bickley, Prescott & Co. regarding the City's audit. A preliminary copy of the audit and a management letter were provided. The letter is a very positive letter. ` H.G.A.C. Councilmember Davis stated that he was very committed to H.G.A.C. and would actively pursue available grant funds needed by the City of Huntsville. None. MEDIA ADJOURNMENT d Danna Welter, City Secretary