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MIN CC 03/15/1994CITY COUNCIL MEETING OF MARCH 15, 1994. BOOK "R" ii MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF MARCH, 1994, IN THE Cl HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 1 The Council met in regular session with the following members present: '1 COUNCILMEMBERS: W. H. Hodges, Mayor Officers: Dan S. Davis Marjorie Rex Gene Pipes, City Manager JOAm Matthews David Martinez Dana Welter, City Secretary Ronald L. Lange Dave Luning Scott Bounds, City Attorney Harold Norton Jim Carter CITIZEN INPUTANQUIRY REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. INVOCATION Invocation by J. D. Schindler. 277 CONSIDER MINUTES OF FEBRUARY 8 AND 22, 1994 Councilmember Luning made the motion to approve the minutes of February 8 and 22, 1994, and Councilmember Rex seconded the motion. Councihnember Martinez stated that he had seconded a motion regarding the H.B.B.A. on February 22, 1994. The minutes will be corrected. A vote was taken. All were in favor and the motion passed unanimously. ATTENDING CITIZEN Luther Jones, Entex. Mr. Jones, Local Manager of Entex, stated that Entex is asking for a cost of service increase of S.56 on each bill. Mayor Hodges recommended that Council accept Entex's cost of service increase which does not require Council action. CONSIDER CALLING A REFERENDUM ELECTION ON MAY 7, 1994 (THE NEXT UNIFORM DATE) TO CONSIDER A CHANGE OF DATE FOR THE ANNUAL CITY OFFICER'S ELECTION Councilmember Carter made a motion to call a referendum election on May 7, 1994 to consider a change of date for the Annual City Officer's Election to May, and Councilmember Luning seconded the motion, Councilmembers Carter. Luring, Davis, Lange and Rex voted for and Councilmembers Norton, Martinez, Matthews and Mayor Hodges voted against. The motion massed 5 -4 CONSIDER A NOTICE OF INTENT TO THE EMERGENCY MEDICAL SERVICE INTERLOCAL AGREEMENT PARTNERS OF THE CITY'S PLAN FOR NON- FINANCIAL SUPPORT EFFECTIVE DECEMBER 31, 1994 Councilmember Davis made a motion to approve a notice of intent letter to the Emergency Medical Service Interlocal Agreement partners of the City's plan for non - financial support effective December 31. 1994, and Councilmember Lange seconded the motion. All were in favor except Councilmember Carter. The motion passed 8 -1. CONSIDER THE ESTABLISHMENT OF A NEIGHBORHOOD POLICE SUB - STATION IN THE HUNTSVILLE HOUSING AUTHORITY FACILITIES Chief Eckhardt stated that Delores Mathews, Director of the Huntsville Housing Authority, has indicated that she will ' supply an apartment to the Police Department for use as a Police Sub - Station (water and electricity will be furnished). Violence in this area has risen and the sub - station would provide closer ties with this area and would also be beneficial if the grant for a bicycle officer is approved. Chief Eckhardt stated that the grant is still within the funding level, but if approved, implementation would be in September. - CITY COUNCIL MEETING OF MARCH 15, 1994 BOOK "R" - 278 1 CONSIDER BIDS FOR CONSTRUCTION OF A SOLID WASTE TRANSFER STATION TO TIMBERLINE CONSTRUCTION IN THE AMOUNT OF $488,700, INCLUDING ALTERNATES AS RECOMMENDED BY GOODWIN- LASITER ENGINEERS AND THE PUBLIC WORKS STAF Mr. Lasiter, Goodwin - Lasiter Engineers, stated that three good bids had been received. Based oF n the bids received fotj the lump sum bid contract, Timberline Construction was the low bidder. Councilmember Luning stated that he had received a letter from Grisham Construction stating that there was an overlap) in another existing contract, which could make Grisham Construction the low bidder. Mr. Lasiter explained that the sealed bids were received and opened. The contractors were asked to provide a breakdown of costs relating to dirt work 24 hours after the bids were opened because there is a current contract underway by Grish; Construction that happens to be overlapping onto the site proposed for the transfer station. If there would have been good wead during the bidding period, the City was going to allow Grisham to continue moving dirt on the transfer station site. The conditic prohibited the work from being done by Grisham Construction on that site during the bidding period, and there will be a change on prepared to reflect this. Mr. Lasiter stated that this is not an uncommon practice to ask for a breakdown of the bid following the bid opening. 'I information is not used to determine the low bidder, but used for informational purposes if change are needed. Councilmember Lange asked the City Attorney's advice on this issue. Mr. Bounds stated that the safest course of actii time permitting, would be to reject all the bids and re-bid. The next course would be to award the bid to the low bidder Timberline Construction. passed unanimously. UPDATE ON THE TEMPORARY TRANSFER STATION PROJECT AND THE LANDFILL CLOSURE PLANS ! Mr. Wilder stated that the temporary transfer station is near completion. On Thursday, Much 17, staff will test thee! ' operation by dumping a few garbage trucks on the slab, loading them on the transfer trailers and damping them at the City's landfill. Any problems will be identified and worked out. A full scale test of the City's solid waste will be conducted Monday, Much 2111 ' and another test with the City's and T.D.C.J.'s solid waste on Monday, March 28. Full scale operation will begin on April 9. 1 CONSIDER RESOLUTION 94 -03 -15.1 AND 94 -03 -15.2 INFORMING THE E.P.A. THAT THE CITY HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE A. J. BROWN AND N. B. DAVIDSON TREATMENT FACILITIES Mr. Wilder stated that the calendar yew for these two resolutions should be 1993. seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE COST OF ICE STORM DAMAGE CLEANUP AND AUTHORIZE THE USE OF SANITATION RESERVE FOR FUTURE ALLOCATION FUNDS NOT TO EXCEED $15,000 TO CHIP THE MATERIAL FOR DISPOSAL in favor and the motion passed unanimously. CONSIDER A SEWER SERVICE REQUEST FROM MR. DON BRINEGAR, BADGER SUBDIVISION This item to be discussed at a later date. CONSIDER BIDS TO PAINT THE TWO MILLION GALLON ELEVATED WATER TOWER STAND PIPE TO WATER TANK SERVICES, INC., IN THE AMOUNT OF $25,850 (22 -61 -5306) ICI (lrnmnilmemher T nnma mach the mntino hla r.. 117. — —t- eo..,:— r..., and the motion passed unanimously. - CITY COUNCIL MEETING OF MARCH 15, 1994- - -_ BOOK 'R" 279 ' CONSIDER AN UPDATE ON TIIE ELKINS LAKE M.U.D. INFILTRATION- INFLOW ANALYSIS Mr. Wilder stated that staff had met with the Elkins Lake Board to review the report identifying and prioritizing the areas in Elkins Lake by dry weather infiltration and wet weather inflow. Elkins Lake asked City staff to come back to the Board with a cost estimate on the First priority zone identified. Mr. Wilder stated that estimates will be prepared and taken to the Board next month. Councilmember Lange asked about a time line for these repairs. Mr. Wilder stated that the entire area will take several years, but Elkins Lake does seem committed to the repairs. Hopefully within the next three months, work will begin on the first priority zone. CONSIDER AUTHORIZATION FOR THE CITY ATTORNEY TO FILE SUIT IN DISTRICT COURT TO REMOVE A CONGREGATE HOUSING OCCUPANCY FROM A SINGLE FAMILY RESIDENTIAL ZONE Mayor Hodges stated that this problem has been resolved - the occupants have vacated the property. CONSIDER THE MONTHLY TAX REPORT WITH ADJUSTMENTS TO THE LEVY AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Ms. Allen stated that the adjustment to the monthly tax report are $151.37 to the current roll and $97.82 to the delinquent tax roll. Councilmember Norton made a motion to approve the monthly tax report with adiustments to the levy as recommended by Grover Cook, Chief Appraiser, and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. REVIEW TIIE CITY'S DEBT SERVICE HISTORY/FUTURE Ms. Allen stated that in the packet there is a 20 year history of the City's debt. At the current time, 19 cents of the 38.44 cents collected from property tax are used to pay debt. Mayor Hodges stated that the City of Huntsville's debt is under $5 million. Staff and former Council's should be commended for sound financial planning of the City of Huntsville. CONSIDER AUTHORIZATION TO COVER DEDUCTIBLES TO THE TML RISK POOL FOR LIABILITY COVERAGE NOT TO EXCEED $12,000 FROM THE GENERAL FUND RESERVE Councilmember Davis made the motion to authorize up to $11,932.57 from the General Fund reserve to cover deductibles to the TML Risk Pool for Liability Coverage, and Councilmember Luning seconded the motion. All were in favor and the motion assed unanimous[ MAYOR'S ACTIVITY REPORT 1. Update on the Sam Houston Statue Project: a. project milestone projections; Mr. Pipes stated that statue project began over two years ago. Artist David Adickes gifted the City with the statue of Sam Houston in December 1993. Many committee meetings and presentations have been held regarding this statue since the beginning of 1994. There is a general feeling that the area should have support facilities before the statue is placed on the site. October 22, 1994, is the projected date for the statue to be standing in place, the visitors center complete, and walkways in place. b. consider authorization for the City Manager to retain architectural services to design the visitors center and related appurtenances; Councilmember Rex made the motion to authorize the City Manager to retain architectural services to design the visitors center and related appurtenances, and Councilmember Luning seconded the motion. All were in favor and the motion passed unanimously. C. consider Ordinance 94 -03 -15.1 increasing the Hotel -Motel occupancy tax to a maximum of 7% to fund the visitors attraction facilities at the Sam Houston Statue site; Councilmember Luning made the motion to approve Ordinance 94 -03 -15.1 increasing the Hotel -Motel occupancy tax to a maximum of 7% to fund the visitors attraction facilities at the Sam Houston Statue site, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. d. fund raising efforts by the Chamber Steering Committee; and Fund raising efforts are going well, but an exact process in which the donors will be recognized for their efforts and contributions needs to be finalized to attract more contributors. CITY COUNCIL MEETING OF MARCH 15, 1994 BOOK 'R" 280 1 2. Consider appointments to Boards and Commissions: a. Board of Adjustments and Appeals - reappointment of Dan Phillips and Jim Standefer, b. Police Promotional Review Board - reappointment of Walter Bennett; and C. Parks Advisory Board - reappointment of Dorothy Shandem and Nancy Tiller, and the appointment of Ray Sanders. Councilmember Davis seconded the motion All were in favor and the motion Passed unanimously. 3. Acknowledge management investment gift from W. S. Gibbs estate. Mr. Pipes stated that W. S. Gibbs Cultural Activities has set aside $187,000 in a managed investment account under th custody of Cowen & Company. The purpose is to set aside this money for a period of up to 20 years, to be made available to th� City of Huntsville when and if the City goes forward with a Library/Cultural Center type facility. Mayor Hodges stated that this is a generous gift and requested a letter of thanks be sent. 4. Chamber of Commerce Trade Expo reminder. The Chamber of Commerce Trade Expo is on Thursday, Much 17, 1994, from 4:00 to 8:00 in the evening. CITY COUNCILMEMBER ACTION Curfew. Councilmember Carter stated that he had seen the gentleman that had come to Council previously requesting a curfew in Huntsville. This gentleman told Councilmember Carter that the City had not contacted him following his presentation.l! Councilmember Carter requested that the City follow up with this gentleman. i Mr. Bounds stated that when he appeared, he was advised that there was a case pending in the Courts related to curfews'] and the City was waiting to see the outcome of that case. Council has since been advised that the case was upheld and also therei', have been informational items in the past several packets relating to curfews. Airport. Councilmember Carter stated he had been contacted by neighbors around the airport who are upset about the clear zone] requirement and the fact that the City plans to remove 200 pine trees from the area. Mr. Pipes stated that this is regulated by the F.A.A. Councilmember Carter asked if the trees do have to be removed, perhaps the City could plant junipers or other low growing] j foliage. Litter- Downtown Area. Councilmember Lange stated that the patrons of a nightclub downtown are littering the area. He contacted the City Manager who in turn has attempted to contact the owner of the establishment. The owner of this establishn did promise to Council that this type of littering would not happen. Mayor Hodges asked Chief Eckhardt to check into problems. MEDIA None. RECESS INTO EXECUTIVE SESSION at 7:00 p.m. to consider contemplated litigation - Favala Easement. ADJOURNMENT Danna Welter, City Secretary