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MIN CC 06/26/1990MINUTES OF THE JUNE 26, 1990 MEETING BOOK "Q" 132 INUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 26TH DAY OF JUNE, 1990 IN THE CITY HALL COUNCIL HAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE. COUNTY OF WALKER. TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present: ane Monday 0. Eugene Barrett City officers present: ary Bell James L. Carter la G. Gaines William B. Green Gene Pipes, City Manager illiam L. Hammock Percy Howard, Jr. Ruth DeShaw, City Secretary absent: William H. Knotts, Jr. Scott Bounds, City Attorney FORMAL MEETING CONVENED Mayor Monday called the formal meeting to order at 6:00 P.M. She then recessed the Council into an ive session to consider real estate acquisition matters on Highway 75N easements and 7th Street. No items were discussed. Formal action to be taken later in the formal session. The Executive Session at 6:45 P.M. The Mayor and Council then assembled to receive citizen input. CITIZEN INPUT /INQUIRY SESSION Mr. David GerLing, a foreign language assistant professor at SHSU and resident of Forest Hills, said is neighbor called his attention to the fact that there was a truck with a Large tank on it spraying omething in the area of Forest Hills where the drainage ditch winds around behind Tasco Auto Parts, then ICI est and south, paralleling 1 -45, but right through the center of the Forest Hills residential district. He ' ent out to speak to them [employees] and then called the water department. He noted a very kind person xplained they were spraying a herbicide known as MSMA. He asked the city representative if he could magine the worse scenario where, after the herbicide is sprayed, the kids in the neighborhood run down to his irrigation ditch and they Look for tadpoles, amphibians, etc. Mr. Gerling asked if he would Let his hild run in this. He said the City representative said he would not by any means and elaborated that the eason the city is using this herbicide is to kill the weeds there. He also said if the city had the anpower it would be using the weed choppers, but unfortunately, the city had lots of weeds to kill and they alt this was the fastest way. He did say he knew what Mr. GerLing was talking about. Mr. GerLing said he aped a local feed store to ask about MSMA. He said the feed store representative said it is a herbicide, ut he didn't know exactly what it is but did tell him that if he uses it, to make sure all the an are aken off the pasture before it is sprayed because it is harmful to animals and to be very sure that it is ever sprayed on anything that is to be eaten. Mr. Gerling said he then checked with the Chemistry apartment at SHSU, and was told by a Chemistry Department representative that MSMA is known as Monosodium cid Methane Arsenate, and that this probably doesn't mean anything to him if he is not a chemist, but the eat part of the compound is the part he should be aware of - -that it is methane arsenate - -which is a ompound; not only is it a petrochemical, which means it can be absorbed through the skin of animals and Ii mans, especially humans, but also, it is highly toxic because of its arsenic compound. The feed store epresentative asked him why he is asking and Mr. Gerling said it is in preparation for the City Council eating. The feed store representative then said from a chemical point of view, he felt Mr. GerLing had a j ase because that is certainly not something one would want children or adults running about in. That very ame day, he said, a tittle girl in his neighborhood, did run out into the drainage ditch with some of her rothers and friends and she was in a little bathing suit, barefoot. He said he advised the girl's mother III bout this and the mother immediately thanked him, brought her into the house and bathed her. She noted she as seen this being done lots of times, but she never knew what it was. Mr. Gerling said he would very ' espectfulLy like to ask the Council to consider some alternatives; maybe one alternative could be to say arth Day has arrived in Huntsville, and we are told by the Texas Department of Agriculture that we are rying to cut down on herbicides and pesticides because of their known carcinogenic effect on people. He aid he as a citizen would be very happy to see them use weed choppers, or maybe not kill every Last little eed. Another alternative might be, if the city has to use a herbicide, and he was told by the Chemistry MINUTES OF THE JUNE 26, 1990 MEETING BOOK "0" 133 Department there is no such thing as a safe herbicide, even though it may not be a legal thing where the city has to be careful about children or people who might be affected by this, he would plead with the Conch to consider from an ethical point of view whether they would want their children playing in this. He said if the city must use the herbicide, could we have the area posted after it is sprayed, or could we announce it in the local newspaper so that mothers and fathers could warn their children to keep out of these dangerous areas for a certain amount of time after they are sprayed. guesti ons from Council CounciLmember Carter asked Mr. GerLing if this is in a water course. Mr. Gerling said it is and while he didn't know the new of it, it is a little creek that parallels Elmwood on the west and then runs down along the outer limits of Forest Hills past the apartment houses, fiasco Auto Parts, up to the K -Mart. CounciLmember Carter rated then there could be migration of the chemical through the water. Mr. GerLing said yes because this is running water, not stagnant water. Mr. Gerling said there is a big window of possibilities. He said like we've always been told and as we are teaching the students in the biology classes at Sam Houston, that which we put in the water eventually gets to our drinking water because we haven't fond a way yet to completely wash water - -there is always something in it - -if we put something toxic in it, it is going to stay in it. FORMAL SESSION RECONVENED Mayor Monday than reconvened the formal session. Councilmember Howard presented the invocation. CONSIDER THE MINUTES OF THE MEETING OF JUNE 5. 1990 Councilmember Barrett made the motion to approve of the minutes of June 5. 1990 and Councilmember Howard seconded the motion. All were in favor and the motion Passed unanimously. RECOGNITION AND COMMENDATIONS OF CITIZENS Mayor Monday and the City Council then presented Certificates of Commendations to the following: Miss Hilary Grivich, National Junior Gymnastics Champion Miss Stephanie Nelms, National D.E.C.A. Champion Mr. Jim McAdams, Build East Texas Award as Outstanding Agriculturist in East Texas [out of 47 counties] Mrs. Jean Campbell, Retiring Administrator, Huntsville Housing Authority Mayor Monday then introduced Ms. Delores Mathews, the new Executive Director of the Huntsville Housing Authority, replacing Ms. Jean Campbell. Consider Ordinance amending the employee medical benefit plan by increasing deductibles increasing levels of co- insurance. reducing maximum benefits and increasing contribution levels as previously discussed and recommended by the Finance Committee. Mr. Gene Pipes, City Manager, presented this ordinance for the Council's consideration, as discussed in the meeting of June 5, 1990. CounciLmember Howard made the motion to adopt this ordinance as presented and Councilmember Barrett seconded. Discussion: Councilmember Green expressed some discomfort in adopting this ordinance concerning the part of which he is unaware, but which he was assured does not represent a change, but rather represents existing Law. He noted the only thing the Finance Committee recommended was the five cost containment features [see page 125 of the June 5, 1990 minutes] concerning the hospital and calendar year deductibles, co- insurance limit, out- patient surgery reimbursement, substance abuse Lifetime maximums, and dependent premium increases. He said because he has not read all of the other changes, he ' feels uncomfortable adopting the ordinance until he can obtain additional information concerning the other provisions /changes in this ordinance, which are not a part of the Finance Committee's specific recommendations, to insure they are mandated by state law. The City Manager noted there wilt not be a problem delaying consideration for another week. He noted however that the City Attorney advised this is an exact transcription of the plan as it exists, with the changes that the Council had specifically approved and he would assure with great authority that is exactly what it is as it is represented. He said the plan MINUTES OF THE JUNE 26, 1990 MEETING BOOK "O" 134 available for the Council to review at any time. He said he is willing to delay the implementation edule for two days beyond the deadline, because the Council's intent is clear from the June 5, 1990 ting. Councilmember Green said he does not have a problem with these items as long as they do not resent changes in the existing plan, because that was not discussed by the committee. Counci lmember CONSIDER BIDS Mr. Pipes, City Manager, advised Mr. Pat Depamphilis, consulting engineer with Nisenbaker, Fix 8 sociates, Inc., recommends that the city accept the second lowest bid, that of PaLasota Construction, c., of Bryan 8488,519.51, since the lowest bidder, Wade Regas Contracting, Inc. of Kingwood (8412,365) uld not produce the necessary experience record in sewer line construction. Mr. Pipes advised the City torney has complied with the requirements to notify the low bidder of the recommendations of the engineers award the bid to the second lowest bidder, which is pending here tonight. After careful consideration and discussion of concerns expressed among the Counc ilmembers concerning the cost difference between the two ds; the city's role in inspecting the project, whether or not to accept the low bid and trust that the nding company would make good on the project if the contractor failed; evaluating the staff's comments and commendations to accept the Palasota bid because of the lack of experience record on Wade Regas ntracting, Inc., an otherwise very qualified firm, the Council decided to award the bid as recommended by e consulting engineers and the city staff. CounciLmember Barrett made the motion to award the bid to CONSIDER FUNDING GIBBS- POWELL MUSEUM Mayor Monday introduced Mr. Don Kraemer of the Tourism Council of the Chamber of Commerce and Mr. mes Patton, representing the Gibbs - Powell House. Mr. Don Kraemer presented a proposed agreement between e Chamber and the Walker County Historical Commission entitled Gibbs - Powell Museum Agreement. He said en the Tourist Council came to the City in November to discuss the Tourist Council budget, they expressed desire to have expanded hours for both the Prison Museum and for the Gibbs - Powell House. He said presentatives from each entity were concerned they would be unable to do that because of the cost nsiderations. He said the Tourist Council felt that with more visitors, their costs should be made up by nations or charges. He said in an effort to experiment with expanded hours, they told the Council that ey hoped to come back to them during this budget year to request the expenditure of additional funds on posit with the city in a "fund balance" from hotel -motel occupancy tax funds, with some kind of proposal have expanded hours for both these museums. In May, the Council approved the Prison Museum contract. He id the Gibbs PoweLL House representatives have been able to organize enough volunteers to allow expanded urs as well. Mr. Kraemer presented the contract which is very similar to the Texas Prison Museum contract. He oted it calls for the payment of 8400 a month for expanded hours of at least 15 hours a week. He said the istorical Commission has presented a three month schedule through September to be open Thursday, Friday, aturday and Sunday for various hours. He said this contract would begin July 1 and would end on September 0, 1990; thus, this is a three month proposal. He said the Tourist Council will come back when it presents is budget for an additional six months funding for each one of these projects. He said at that time, nother analysis will be done as to the experience with the expanded hours to see if they can continue to enerate the volunteer help and whether funds will be available through their expanded hours to continue hese projects. Mr. Kraemer said the agreement has been approved by the Chamber Board and has been reviewed y James Patton and all of the parties are in agreement with this particular proposal. Councilmember Barrett MINUTES OF THE JUNE 26, 1990 MEETING BOOK "0" - 135 made the motion to approve of this agreement and CounciLmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS Consider bids for "Supervisory Control and Data Acquisition (S.C.A.D.A.) System" to Baker CAC (MCC System) of Houston. Texas in the amount of $99.427 to be paid from C.I.P. funds Mr. Pipes presented the recommendations of the city's consulting engineer, Mr. Patrick D. dePamphilis of Wisenbaker, Fix & Associates, Inc. Mr. dePamphiLis noted of the four bids received, he is recommending the low bid in the amount of 899,427 as submitted by Baker CAC (MCC System) of Houston. It was noted the original estimate was 8155,000. Councilmember Green made the motion to approve of the bid of Baker CAC and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Consider bid for a rubber tire roller (replacement due to fire) to R. B. Everett in the amount of 829.585 to be paid from insurance settlement and reserve funds The City Manager, Gene Pipes, advised the city wishes to purchase a new and unused 8 to 12 ton 9 wheel rubber tire roller. He advised this purchase will replace the equipment damaged by fire. He noted there were four bids received ranging from the Low bid to 831,812. He presented the staff's recommendation to accept the lowest bid meeting specifications presented by R. B. Everett & Co in the amount of 829,585. Councilmember Barrett made the motion to approve of the bid as recommended and Councilmember Gaines seconded the motion. All were in favor and the nation passed unanimously. Consider bid for tractor and mower for utility right-of -way maintenance to Northgate Outdoor Power and ' Tractor in the amount of $17.961, as budgeted Mr. Gene Pipes, City Manager, advised eight bids were received, ranging from $17,213 to $22,308. He said the staff is recommending the second Low bidder, Northgate Outdoor Power and Tractor in the amount of 517,961 because the low bidder, Roberson Equipment Sales was offering equipment that did not meet specifications. Mr. Pipes advised 827,000 is budgeted for this purpose. CounciLmember Hammock made the �{Imotion to approve of the bid from Northgate Outdoor Power and Tractor, as recommended and CounciLmember Howard seconded the motion. ALL were in favor and the motion passed unanimously. CITY MANAGER'S REPORT- -GENE PIPES Consider a proposal to install flow meters for the sewer collection system in the E.L M U D in the amount of 816.000 to be paid from Utility Reserve Funds Mr. Pipes, City Manager, advised the September 11, 1987 agreement between the City and ELMUD for water, sewer and garbage services provides that metering devices be installed on two sewer mains owned by the City which discharge into the ELMUD sewer system and on the Lift station which pumps all the sewer flow from the ELMUD sewer system to the N. B. Davidson Wastewater Treatment Plant. He noted the purpose of these meters is to monitor the volume of flow from the ELMUD system to the plant. He said the flow allocated for the ELMUD system is 8440,000 GPD average daily flow. Mr. F. Boyd Wilder, Director of Public Utilities, advised he has met with about six vendors to review their equipment offerings and has now found equipment which will allow the city to use some of the existing equipment in the two city owned lines. He noted the flow measuring equipment to the lift station will all be new as there is no flow measuring device there now. He noted the cost of these three measuring devices is approximately 516,000. Mr. Wilder advised that the service agreement indicates ELMUD will pay one third and that they have recently agreed to fund one third of ' the equipment selected. Mr. Wilder noted since this is not a budgeted project, funds will need to be allocated from the "reserve for future allocations," which has a balance of 843,000 as of June 18, 1990. CounciLmember Howard made the motion to approve of the installation of flow meters for sewer collection in the ELMUD in the amount of 816.000 to be paid from Utility Reserve funds, as recommended by Mr. Wilder and CounciLmember Hammock seconded the motion. ALL were in favor and the motion passed unanimously. MINUTES OF THE JUNE 26, 1990 MEETING BOOK "G" 136 Mr. Pipes presented the recommendation of Mr. Johnny Poteete, Director of Public Works, for approval funding of a new eight foot wide sidewalk /bike route on the south side of Sam Houston Avenue from Lake d to Josey Street. He advised he is asking to do this project in conjunction with the construction of new H.E.B. Pantry Foods Store. Mr. Poteete noted the project would tie the old bike route on Lake Road the recently completed bike route on Josey and would keep the bike traffic off of Sam Houston Avenue. He ad the estimated cost of this project is $8,300 and recommends that the funds for this project be taken m the sidewalk replacement budget, which has a balance of $17,500. Mr. Poteete said he feels the $9,200 t will be left in that fund will be sufficient to complete the remaining repairs that can be done this r. CounciLmember Barrett made the motion to approve of this Proiect and Councilmember Gaines seconded the ion. All were in favor and the motion passed unanimously. h Street sidewalk consideration Mr. Pipes advised a few years ago, there was a request to build a sidewalk along the block on 19th eat from Avenue S to Normal Park to facilitate the children from the Little Red Schoolhouse to Gibbs mentary School. He said the City has completed its utility construction work along this portion of the ject. He said ideally a sidewalk would fall on the north side from the standpoint that a sidewalk from re all the way to Sam Houston Avenue is on the north side, but the park is on the north side and the iness called "The Plant Environment," and there is a considerable amount of landscaping adjacent to that titular business. He said the other side of the street has a few trees that will necessarily be victims t to the sidewalk in order to piece a pathway for the children to get to the Gibbs Elementary School. He d there are sidewalks from various other approaches to the school, but the city is not prepared to make a ommendation. The Council may wish to indicate whether it wishes to build that particular block or pass ' this until another time, he said. Mayor Monday encouraged the Council to drive by this area to look at Mr. Pipes said before a lot of expense and effort are made to put the landscaping back, if the Council Is to build the sidewalk on the north side, it needs to decide soon. Councilmember Bell felt this is an Mayor Monday inquired about the sign to be placed in the esplanade in front of Fire Station No. 2 on it Houston Avenue, where the live oak trees were planted in honor of the Challenger Astronauts. Mr. Pipes id the staff is reviewing that installation in conjunction with the symbols NASA has provided to the City. Councilmember Howard advised because of the location of the new elementary school on Martin Luther ig Drive, the City may wish to review this area for a sidewalk. He felt while many children will be nsported on buses, there will also be a lot of foot traffic along that drive. Mr. Pipes noted there has ays been a lot of foot traffic to and from the high school along Martin Luther King Drive. He said m the elementary school to First Street, there are no curbs and gutters, so a sidewalk would be interior the bar ditch, which is still HISD property. Councilmember Barrett again requested a sidewalk along Highway 75 North to join up with the Sam .iston Elementary School sidewalk, or at least one across the park area to join in with the street. Mayor iday noted it should be reviewed along with the sidewalk going in on Highway 75 North. Mr. Pipes noted he 11 review this suggestion. onsider authorization to reapply for an historical survey grant ' Mr. Pipes advised the City received word it was not successful in its first attempt to receive an istorical survey grant, but was encouraged to reapply for both Phase I and Phase II of the projected four tease program. He noted Ms. Linda Pease, Project Coordinator, requests approval to reapply in this way high would require 21,000 additional city funds for FY 90 -91. The local match for Phase I is $4,000 from he City (S1,500 from the Arts Commission budget and nothing from Walker County; and Phase 11, $1,000 from MINUTES OF THE JUNE 26, 1990 MEETING BOOK "q" 137 the City and 83,000 from Walker Canty. Mr. Pipes noted Phase 111, FY 91 -92, would be funded by the City at 81,000 and the Canty at 83,000; and Phase IV, FY 92 -93, is yet to be planned. Councilmember BeLL made the motion to approve of the reapplication for this historical survey grant and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Mayor Monday said this is with the understanding that the County's funding assistance will be the same as planned and that the grant wilt remain in this same form. Consider a request from Judge Frank Robinson for joint temporary funding of the LocaL match of a drug task force grant from the War on Drugs funds Mr. Pipes presented this request from Judge Robinson for participation in the Central East Texas Narcotics Task Force Grant, that had been successfully won from federal funds available and parceled out through the Governor's Office and its Task Force on Criminal Justice. He said we have an 818,556.67 share of the 855,670 local match to get a 8167,000 fund amount, which will fund three additional officers over the period of the grant. He said it is the expectation and hope that the seed money from various drug arrests will be available to fund this grant this year and in succeeding years. He said this is not a guarantee until such time as the court actually makes the awards. He said the Council needs to be aware that the city's participation in this already commits manpower, equipment, cars, insurance, and all associated costs for some participation, but the underwriting of this grant match is split between the city, Walker County and Madison County because the other partners in the task force, San Jacinto County, has opted to go with another group nd it is iLLe al for the TDCJ to p g participate in a state match grant of this sort. He said the Huntsville area is reduced to a three way split among Walker and Madisonville counties and the City of Huntsville. He said this fund would be repaid to the City if the seized monies are awarded by the Court by the September 30 fiscal year end. Councilmember Howard made the motion to approve of this request for ioint temporary funding of the local match, as described above. and Councilmember Barrett seconded the motion All were in favor and the motion passed unanimously. General Budget Worksession Mr. Pipes noted he had originally planned a general budget worksession to discuss goals and aspirations for the upcoming budget at tonight's meeting. He said this has been postponed until July 3 to allow additional time for the Council to put some thought into this and to make recommendations. Walker County Appraisal District Tax Jurisdictions Mr. Pipes said a meeting was held with the Walker County Appraisal District tax jurisdictions Last week. He said a preliminary report was available in May of the expected valuation of about 8282 million. He said the adjustments already made have us at $377 million and the rendition hearings have not begun. He said several years ago we had our tax valuation established at 8401 miLLion; the following year, it dropped to 8396 miLLion; then to $393 million; and now we are at 8377 million and fatting. He said in Light of this, and in thinking about the budget, it might be very constructive for the Council to be aware of what the current status is on the estimated valuation for the city's tax base, because the tax rate is very heavily dependent upon that and with the additional Lost values or the values falling away as quickly as they are, the city's tax rate is going to have to increase to maintain the status quo with the amount of revenue that the city has received this year. ACTION ON EXECUTIVE SESSION ITEMS Consider action on executive_ session -- review of rest estate easements on Highway 75 North and the authorization for staff to proceed to make offers based on the appraisals that were reviewed in the executive session Mr. Pipes asked for the Council's authorization to proceed with offers for real estate easements on Highway 75 North to complete the project for the relocation of the water line, based on the appraisals reviewed in the executive session. Councilmember Gaines made the motion to approve of this authorization to proceed with these offers and Councilmember Howard seconded the motion Councilmember Barrett abstained MINUTES OF THE JUNE 26, 1990 MEETING BOOK "O" 138 MAYOR'S ACTIVITY REPORT Mayor Monday presented the following recommendations: the reappointment for another three year term Mr. Grady Mania, whose term is set to expire October 1; and the appointment of Mr. Steve Bodman to serve the unexpired term of Mr. J. D. Schindler, who has resigned due to his more frequent out of town trips, then for Mr. Bodman to take a full three year term beginning October 1. Councilmember Gaines made the Mayor Monday recommended the reappointment for another two year term for both Mr. Jay Griffin and Frank A. Leathers, whose terms expire July 1. She then recommended a two year appointment of Mrs. Elm inez to replace Ms. Judy Olson, whose term expires July 1. Councilmember Barrett made the motion to Mayor Monday presented the following five names for appointment to the Board of Adjustment, created the Zoning Ordinance which was adopted by the Council on June 5, 1990: Dr. Frank Parker Mr. Larry Graves ' Mr. Ron Lange Mr. Clyde Murray Mrs. Lorayne Brown -Shaw on. ALI were in favor and the motion passed unanimously. Mayor Monday noted she understands these viduals will draw for terms [two terns are for two years and three terms are for one year]. Mayor Monday thanked the staff for the bike route signs. COUNCIL ACTION Councilmember Barrett rated he represented the Mayor at the Class of 1950 High School Reunion. Councilmember Gaines advised that she and Councilmember Barrett joined Councilmember Howard to ent the city by participating in the Progressive Women's Association sponsored Juneteenth Parade. Lmember Bell noted he also participated by turning into the parade by accident and driving along with t. Councilmember Green noted he also represented the Mayor in welcoming freshmen to SHSU this weekend. uncilmember Barrett noted there are two more freshmen orientations and he encouraged all of the Council to y to be there because the people really appreciate it. I port on Herbicide and Pesticide Use in City Councilmember Carter asked for a report on the use of herbicides and pesticides in the city, which uLd include the amounts used annually, where they are used, the frequency with which they are used, what mes of the year are they used and the brand names of the herbicides and pesticides used and whatever