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MIN CC 06/11/1991CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 405 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 11TH DAY OF JUNE, 1991 IN THE CITY HALL COUNCIL CHAMBERS, 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 foLl owing members present: W. H. Hodges, Mayor William S. Green City officers present: 0. Eugene Barrett William H. Knotts, Jr. Gene Pipes, City Manager Gary Bell Ronald L. Lange Scott Bounds, City Attorney James L. Carter Charles Robinson Ruth DeShaw, City Secretary Member absent: Its G. Gaines CONVENE IN REGULAR SESSION AND RECESS INTO EXECUTIVE SESSION Mayor Hodges called the formal session to order at 5:15 P.M. He then recessed the Councilmembers to an Executive Session to consider pending litigation proceedings before the Texas Water Commission: Acker wastewater permit application; and real estate matters: 10th and 13th Streets lots. NO other items were discussed. No formal action was taken. The Executive Session ended at 5:50 P.M. RECONVENE INTO WORK SESSION TO DISCUSS SOLID WASTE RECYCLING PRESENTATION RECONVENE TO FORMAL SESSION Mayor Hodges reconvened the Council into formal session at 6:50 P.M. Councilmember Lange presented the invocation. CONSIDER THE MINUTES Councilmendxr Green made the motion to approve of the Minutes of May 14 and 28 1991 as presented and Councilmember Robinson seconded the motion. All were in favor and the motion passed unanimously. however, Councilmember Gaines was absent. CONSIDER ORDINANCES Consider bid opening, evaluation. and Ordinance No. 91.10 authorizing the issuance of City of Huntsville Texas Waterworks and Sanitary Sewer System Revenue Bonds, Series 1991, in the aggregate amount of $1,700,000, as recommended by Cowen and Company. Mr. Rennie Baker Mr. Gene Pipes, City Manager, introduced the City's Bond Counsel, Mr. Rennie Baker and his son Rennie Baker, Jr. Mr. Baker presented to the City Secretary, Ruth DeShaw, a 835,000 good faith check from First City of Texas Bank in Austin, which covers all of the bidders. Mr. Baker advised six bids were received. He said the key item here is -,net interest cost," either in dollars or percentages. Mr. Rennie Baker, Jr. then read aloud the foLLowing bids: Bidder Net Interest Cost from 7 -1 -91 Net Effective Interest Rate Eppler, Guerin & Turner, Inc. Lehman Brothers ........ ............................... 1,237,780 ..................... 7.105511 Dean Witter Reynolds, Inc.* Donaldson, Lufkin & Jenrette Merrill Lynch Capital Markets .......................... 1,218,175 ..................... 6,9929679 1,215,620 ..................... 6.97830 1,210,900 ..................... 6.951206 1,241,020 ..................... 7.12411 Masterson First Southwest Securities Cowen & Co . ......................................... . ............... NCNB Capital Markets, Inc. ** ......................... Pain Webber, Inc. Legg Mason Wood Walker, Inc. Rauscher Pierce Refsnes, Inc. Smith Barney, Harris Upham, Inc . .................... 1,215,620 ..................... 6.97830 1,210,900 ..................... 6.951206 1,241,020 ..................... 7.12411 CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 406 Barre & Coiryany, Inc. Crews & Associates Morgan Keegan ........ ............................... 1,218,680 ..................... 6.99580 * Winning bidder on street bond issue, issued last month. **Successful bidder After an evaluation, Mr. Baker recommended approval of the bid of NCNB Capital Markets, Inc. at 6.951206. He said the city had four very close bids and it has a representative bid that is on the mark. He said the index of bond prices, called the Bond Buyers Index of 20 bonds, is up in the rates of interest about 13/100's from the time the city sold the other bonds. He said the second factor is that, right or wrong, revenue bonds never command quite the price realized by general obligation bonds. He said another factor nay be the defaulting of Bridgeport, Connecticut; psychologically, that is a rumble in the industry. Nevertheless, he said, 7 percent is a good rate for the city to borrow money, he is pleased with it and recommended that the city accept the bid of NCNB Capital Markets, Inc. at 6.95 percent. Mr. Pipes then presented the ordinance, the caption of which is as follows: ORDINANCE NO. 91 -10 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF HUNTSVILLE, TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1991 Councilmember Bell made the motion to accept the bid of NCNB Capital Markets Inc and to approve Ordinance No. 91 -10 as presented and Councilmember Barrett seconded the motion All were in favor and the ' motion passed unanimously. with Councilmember Gaines absent. Consider Ordinance 91 -11 accepting a preliminary report on rezoning by the Planning and Zoning Commission and calling a public hearing for June 28, 1991 Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 91 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ACCEPTING A PRELIMINARY REPORT ON REZONING BY THE PLANNING AND ZONING COMMISSION; CALLING A JOINT PUBLIC HEARING; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO Mr. Pipes noted this ordinance calls a joint Public Hearing with the Planning & Zoning Commission for June 25, 1991 at 5:15 P.M. Councilmember Barrett made the motion to approve of Ordinance No 91 -11 and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously with Councilmember Gaines absent. Consider Ordinance 91 -12 amending Chapter 30 of the Code of Ordinances Section 612 .1, Public Street Names Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 91-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 30 OF ITS CODE OF ORDINANCES BY AMENDING SECTION 612.1, PUBLIC STREET NAMES, OF THE DEVELOPMENT CODE; REQUIRING THAT STREET NAMES BE DESCRIPTIVE; REQUIRING THAT STREETS NAMED AFTER PERSONS BE ' APPROVED BY COUNCIL; AND MAKING OTHER PROVISIONS RELATED THERETO Mr. Pipes said the Planning & Zoning Commission made some recommendations last week on the policy to name public streets and this ordinance will adopt those recommendations. Councilmember Knotts made the motion to approve of Ordinance No. 91 -12 and Councilmember Robinson seconded the motion ALL were in favor and the motion Passed unanimously with Councilmember Gaines absent. CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "G" 407 Texas Water Commission Mr. Pipes, City Manager, advised of a "Notice of an Application filed with the Texas Water Commission for a Certificate of Convenience and Necessity to Provide Water Utility Service" from Broadcasting Corp. of S. W., dba Timberwilde (W. D. York interests] north of Huntsville. He then presented amp showing this area off of Highway 30. He said the city's extraterritorial jurisdiction cuts through the middle of this subdivision and the proposed 1700 acres is about 3 /4ths within the city's extraterritorial jurisdiction, therefore subject to overlap with the city's utility services. He said there have been no discussions about this in the past, but it is the Council's prerogative to interpose an objection to the permit issuance or, if it is viewed by the Council that the interests of the City are not exposed in this manner, then certainly, the City would not impose an objection. Mr. Pipes then presented information from Scott Bounds, City Attorney, advising that a retail public utility may not furnish water service to any area to which retail water service is being lawfully provided by another retail public utility without first obtaining a certificate of public convenience and necessary that includes the area to be serviced TSee Texas Water Code (13.242. Certificates of convenience and necessity shall be granted on a non - discriminatory basis after consideration of the Texas Water Commission of the adequacy of the service currently provided to the requested area, the need for additional service in the requested area, the effect of the certificate on the receiving and adjoining utilities, the ability of the applicant to provide adequate service, environmental integrity, and the probable improvement of service or lowering of cost to consumers resulting from the granting of the certificate. Texas Water Code (13.246(c). The certificated utility cannot provide service to a customer without a certificate from the City Planning Commission certifying that a plat is not required or that a proper plat has been filed regarding the customer's Land. Texas Water Code (13.2501. Mayor Hodges asked for the staff's recommendation. Mr. Pipes said not only does this overlap the city's I', ETJ, but it also overlaps part of the Pine Prairie Water System because that system comes up as far as Sumac;.. Road and adjoins some of this. He said this is a private water system and the city has very little concern) within the property owned by Mr. York. He said the city's water main is out only as far as Westridge, and to serve this area would take considerable capital investment. He said it may be a matter of some years before the city is actually in a position to serve all of the ETJ, but feels the city needs to keep its interest in regard to actions and activities, taking care of the ETJ. The Council needs to be aware of this situation, he 'l noted. Mr. Bounds said in reviewing the application for certificate and convenience, it appears that a large II'', part of the area proposed to be certificated lies within the City's extraterritorial jurisdiction. He recommended that the City Council request a public hearing on this matter, unless these areas within the City's jurisdiction are emitted from the permit. Councilmember Green noted if the city does not object, would it likely be that the water system would '. be installed in such a manner that at some future time, the city, wanting to buy that system or if it were turned over to the city, that it would be in a condition that the city could accept. Mr. Bounds said if it is built within the City's extraterritorial jurisdiction, it should still be built in compliance with the subdivision statutes or ordinance regardless of whether the city provides the services or if the private utility company provides it. Councilmember Green said then it would be to the city's benefit if the developer installs it according to the city's standards, without the city incurring the cost, and it would be essentially a system of the standards the city requires of one inside the city. Mr. Bounds said the city has a self - policing problem to some degree in a developer deciding whether to provide his own certificate of compliance with the subdivision standards before he extends a water service. He said whether the city provides the water service or the ' developer does it through a private company, the state law would now require that the developer gets a certificate from the city's planning commission before the developer extends water service to a piece of property to be sure he complies with the city's subdivision ordinance. Councilmember Green asked then if the city will require that the developer complies. Mayor Hodges said compliance would include lines large enough', to handle fire protection. Mr. Bounds said in the city's current ordinance, there are some exceptions to when one has to put in lines to accommodate fire service. He said to the extent that the city's subdivision ordinance requires fire service, they would have to comply with that. Council Knotts noted that would only be CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "O" 408 in the ETJ and outside the ETJ the city could not require it. Dale Brown, City Planner, agreed. He said parts of what Mr. York has already built outside the ETJ does not meet the city's standards, not in size or, as he understands it, in the types of material he used. Mr. Pipes said Westridge has built to city standards, but provides no fire protection. Councilmember Belt asked why this matter is before the City Council now. Mr. Pipes said because Mr. York has applied to the Texas water Commission for a certificate to provide water service to this defined area and that effectively makes him "first in time" for service. Councilmember Bell noted he has been providing water service for ten years. Mr. Pipes said but not throughout the whole 1700 acres. Counci lmember Knotts said he agrees with Mr. Bounds' recommendation to exclude the ETJ. Mr. Bounds said or at least those areas to which the city might reasonably provide water service. Councilmember Carter said he agrees with that and is witting to make that motion. Mayor Hodges asked Mr. Bounds to clarify the motion. Mr. Bounds suggested that the Council simply request a public hearing and at the public hearing the city will try to determine what geographical area this developer requests that he serve and what type of water service he contemplates for that area, and that those areas be excluded from this application which are not actually intended to be serve by water by the Broadcasting Corp. of S. W., dba Timberwilde. CounciLmember Carter then made a motion that the city take whatever legal action is necessary to protect the city's interest in the ETJ with regard to construction of these water lines which would result in a public hearing and then some subsequent action. CounciLmember Barrett asked if a public hearing is needed if we have certain standards they have to meet. Mr. Bounds said if the City Council does not request a public hearing before the Texas Water Commission, then the TWC will proceed to grant the permit and whether or not it met the city's standards would not be an issue it would address. Mayor Hodges said he feels it is important for the city to protect its ETJ because if one looks at those areas annexed in the past [and there is still one area that has a two inch water line that lays on top of the street], the city's interests need to be protected. CounciLmember Bell asked what the city does about what is already in -place in the ETJ. Counci lmember Green said some of that was done possibly before it was in the ETJ. Councilmember Knotts said if the city provides services outside the city to areas like that, then the city should provide them with an understanding that they take a time schedule to come within the city limits and they are more or less annexing themselves within time if the city extends its services beyond that. Councilmember Barrett said if the developer does this at his own expense, there should not be a timetable on it. Councilmember Knotts said it is going to have to be at their expense but the city may have to take it over. Councilmember Green said he is not opposed to CounciLmember Carter's motion, but he is trying to understand what is happening. He said he didn't think the Council should prevent this developer from putting in a water system since it is going to be at his expense, but he would like to see that it be installed with the same standards that the city would expect a developer in the city to install. He said in terms of the reason for a hearing, the only reason for a hearing is not that the Council wants to provide water, but that the city wants to insure that the system that is installed complies with city standards. He asked Mr. Bounds if that is what he intended in his recommendation. Mr. Bounds said until we talk to the developer to find out exactly what water service he is intending and at what Location within the broad area of 1700 acres, it is hard to address. He said that is why he made his recommendation. Councilmember Green said then it is just asking for a hearing to address the issue and the city is not formally opposing him actually installing something. Councilmember Knotts said this is probably the only way we will get the specifics because he probably won't volunteer that information. Councitmember Green then seconded the motion. Discussion: Mayor Hodges asked if this can be done in a staff meeting without a public hearing. Mr. Bounds said a staff hearing is permissible. He said if the developer is willing to amend the certificate, the council could come about some resolution of what he intends to do prior to the deadline for the request for a hearing, and that would be something he would recommend the Council do. Councilmember Bell said in his judgement, the Council is not talking about new water lines. He suggested that the developer may be in the process of converting a flat $30.00 a month fee to a city water rate fee and he suspects this is triggering this legal necessity. He said he does not think we are talking about new lines; however, he may be wrong, but it is his judgement that the developer simply wants authorization to go to fees that are considerably higher than , he is currently charging. Mr. Pipes said he agrees, but part of this permit is to include the entire 1700 acres, much of which falls within the city's ETJ. Councilmember Barrett asked what this has to do with Mr. York establishing a new fee system. CounciLmember Bell said there is a clause in the document concerning providing service for reasonable or adequate rates and he feels this is what triggered his necessity. Mayor Hodges asked then it is not understood that his relates to new construction. Councilmember Barrett said this should be clarified. Councilmember Knotts felt the only way the Council will get this information is in a public hearing. Mayor Hodges called for a vote on the motion. COUnciLmeaber Knotts asked the City Plainer, CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "g" 409 Dale Brown, if he feels the Council has established adequate reasoning for having the public hearing. Mr. Brown said the staff simply needs to get with Mr. York to find out what he is planning. Councilmember Barrett asked if this matter needs to go before the Planning Commission since it is in the ETJ. Mr. Pipes said it does if it involves development or new Lines. Mr. Pipes said the application for certificate of necessity does not have to come before the Planning Commission because it is under the purview of the Texas Water Commission. He said the hearing will probably be in Walker County under the TWC auspices. Mr. Brown said he will check the Development Code to make sure it addresses an issue where someone is not correcting to the city's system. Mayor Hodges suggested tabling this matter for a couple of weeks. Councilmember Green disagreed, noting he feels the Council needs to proceed and that the city does not have to have the hearing, but if the staff is provided all of the information, a hearing is not necessary; however, if the staff does not have adequate information, then the hearing needs to be conducted. Counci Lmember Bell strongly recommended that if Mr. York does do new construction that it be built to city code. All were in favor of the motion on the floor and it passed unanimously with Councitmember Gaines absent. Consider City Water Service on Geneva Road Mr. Gene Pipes, City Manager, advised the City has received a request from an individual off of Geneva Road for water service. He said the city has determined there is a water line there which has been in -place for a number of years, that had been a private extension off of a six inch line that was built by Gibbs Bros. & Company out to Champion and the old Dr. Pepper Plant, which was Industrial Foundation property. He said since that time, a number of people had accessed the line on Geneva Road by making taps and paying Mrs. Walker [who became later Mrs. Robbins] for access to that line. He said the city determined that Mrs. Robbins wanted to be paid again and the city was not aware that it did not own the line or that such a private Line was in existence. He said the city has since determined that the line has been in existence for a number of years and that Mrs. Robbins and another family split the cost of the initial tap and part of the line and subsequently, other extensions of the line had been made off of it. He said it is in what appears to be the road right -of -way [between fence lines and not on private property] on what appears to be a county road. He said the question concerns the ownership of the line. The Council was advised that as the city prepared to provide water service to that Location, Mrs. Corine Walker advised the City that the two inch water line was hers and that she was entitled to a $250 tap fee. Mr. Bounds noted the only documentation that she has provided to support her claim is the letter dated October 14,1 1970 to Glenn Turner wherein Mrs. Walker agreed to pay him the sun of $749.52 in exchange for an undivided one- half interest in and to the two inch water line which than entitled her to one tap or connection. He said it is the city's recollection that Mrs. Robbins has been paid by a number of people over the years to access the water line. He said the city has a number of water meters out there that it regularly reads. Mr. Pipes said he had a call late Friday afternoon from Mrs. Robbins who indicated she would be willing to sell her interest in the Line and left it to his judgement to find a fair value considering the age of the line and her interest in installing it and maintaining it in operating condition over the years; noting of course, "the city" has maintained the line. He said he does not know that there is a solvent position the Council can take on such a matter. Obviously, he said, it is attached to the City of Huntsville water system and has been for years. On the other hand, he said, until the question came up, the City was not aware, by any records of the city, that any tap fees had ever been paid or sold on the Line in the first place. How some of those people came to be hooked up would be an interesting history, Mr. Pipes said. ALL in all, he said, in a sense of fairness to Mrs. Robbins, the city felt before it summarily went out and connected the new applicant to the line, it should bring it to the Council's attention. Mr. Pipes said several years ago, the City felt it had identified and consolidated and purchased all of the outstanding interests in all of the water lines [Fish Hatchery Road, Southwood Drive, Gibbs Water Line, etc.] in an effort to buy the remaining interest out of all those Lines, and at Least establish ownership on all of them. He said the City simply did not know about this line. At this point, Mr. Pipes said, while he does not have a specific recommendation and does not know if the 30 year old water line has any value, especially a two inch line that has a number of services off of it, the Council certainly may have a different insight into this particular matter. He said he is unaware if any of them have any personal knowledge of this. Discussion: Councilmember Barrett felt it is a legal question for Mr. Bounds because the Council will need to know if there is any precedence in this matter. Mr. Pipes referred the Council to Mr. Bounds' memorandum concerning the matter. which concludes, based upon the facts as the City knows them that the water line belongs to the City and the City should advise Mrs. Walker that she no Longer has property interest in the CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "wm 410 Line and go on and treat it like a city water Line. CounciLmember Carter said while he does not want this to sound unfair, Mrs. Walker has made money off of the line over time too, so it is not a situation where, if the city didn't pay anything, that she would be out money; she may have recovered her initial cost. Councilmember Knotts said he felt if the city went back to look at the contracts on these, noting he had one on FM 247, the way they were contracted to the city was that the individual put the Line in at his cost arid then reduced the amount of his investment by the receipts received on taps. He said the one the Gibbs Bros. had out on Fish Hatchery Road had already paid enough tap fees at $400 a tap that the line was paid for, so then the Gibbs Bros. Just allowed the city to take the Lines over. He said when he sold his water line on FM 247, he reduced the cost by the amount he had received on the taps. He said apparently this Line has been totally amortized and her part would have too. He said M. B. Etheredge did the same thing. Counci Lmember Green asked if we have any knowledge of that. Councilmember Barrett said the city has no records of that because it has never been a party to this. Councilmember Green asked if we know who has paid for taps and that the city can figure out the value of the Line. Mr. Pipes said he has no idea of what the original purchaser paid her for it and Mrs. Welker said she has no records of it. Mayor Hodges noted the line is also out of the city Limits. Mr. Pipes noted it is well outside the city. Councilmember Green asked then why the city would assume it owns the line. Mr. Bounds, City Attorney, said he assumes the city owns it because the city has a contract with Gibbs Bros wherein the city agreed to provide water on Highway 190, of which this line is a part, and that contract provided that any extension lines off of that would be the property of the City of Huntsville. He said there are no recorded easements, deeds, etc. to entitle the property to Mrs. Walker or anyone else. He said the line itself is within a public easement and is connected by the city's system. He said from the contractual documents and records the city was able to find, it would appear that the line belongs to the city. Councilmember Green noted than the city has no records that show it actually incurred the cost of installing the line. Mr. Bounds said that is also correct. CounciLmember Green noted then the fact is she cannot demonstrate and the city can't demonstrate either. Mr. Bounds said the line is in the public right -of -way and not on private property and the agreement , by which the water is provided to that general area provides that all extensions to that line would be property of the city. Councilmember Green asked if Mrs. Walker was part of the agreement with Gibbs Bros. Mr. Bounds said he assumes that line was constructed after the Gibbs Bros. line was installed, because before that, there was no city water service to that area. Councilmember Green said he is confused as to how the Gibbs Bros. contract relates to this line at aLL. Councilmember Knotts said they had owned the main going out to it and to the Industrial Foundation site. Counci Lmember Green asked if Gibbs Bros. gave Mrs. Walker permission. Mr. Bounds said that is what he would assume. CounciLmember Knotts asked if Gibbs Bros. has any documentation on that. Mr. Bounds said this was back in the early 1960's. Councilmember Green said but the sale of water coming off of that line is being collected by the city and the city reads meters on Geneva Road. Mr. Bounds said the city has been maintaining and operating the line as a city line as long as anyone can remember. CounciLmember Green rated then the only real issue is the tap fee. Mr. Pipes said the question if whether Mrs Walker gets Paid an independent tap fee because of original ownership. Councilmember Green noted if she gets the tap fee, the city still gets the monthly water service fees. Mr. Pipes said that is correct and the city is going to send the crew out there to install the meter and she wants to be paid by the applicant in addition to that cost. Councilmember Knotts noted if the line belongs to the city, the applicant would not have to pay Mrs. walker the tap fee but would only pay the city the meter tap fee. Mr. Pipes said that is correct. CounciLmember Lange asked what the life expectancy is on this Line. Mr. Glenn Isbell, Director of Engineering Design, noted if it is a two inch line, depending on the connections on it, the Health Department regulations had required 20 at one time, but that number has been reduced to ten now; so if it has more than ten connections, it is not in compliance. He said a 30 -year old, two -inch galvanized line is pushing the city's Luck already. CounciLmember Lange said so if the city buys this, it is buying something it is going to dig up and dispose of very shortly anyway. Mr. Isbell said that is likely, or it will have to keep patching it until the city gets ready to extend it. Councilmember Green said if Mrs. Walker could demonstrate that she actually owns it and could provide records as to what it cost and the tap fees that she has received, then the city would ' be willing, under that arrangement, to allow that process to continue until it was recovered. Mr. Pipes said the city's current Development Code limits it to 10 years. Councilmember Green noted then this is beyond that in any case. Counci Lmember Green said he is not sure there is a real equitable, soLomon type solution to this. Councilmember Green then made the motion to support the City Attorney's recommendation at this Point. that the water line belongs to the City and the city should advise Mrs Walker that she no Longer has Property interest in the line and to consider the line a city water line given Mrs Walker cannot demonstrate ownership and cannot provide records and Councilmember Bell seconded the motion All were in favor and the motion Passed CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "gm 411 unanimously with Councilmemmber Gaines absent. amount of $4680.18 to be Paid from general fund reserve for future allocation Mr. Gene Pipes, City Manager, presented a memorandum from Mr. Mark Bosma, Purchasing Agent, advis of the city's intent to "abandon in- place" or "remove" two (2) gas tanks as per the Texas Water Commiss regulations. Mr. Bosma recommended accepting the lowest bid of the two received, presented by Al Pump, I for the removal of these gas tanks in the amount of $4,680.18. Mr. Bosma noted only an estimated $3,000 budgeted for this project, so the additional $1,680.18 needs to be approved by Council from the General F reserve for future allocation so the City can proceed with this job. He noted a total of five bids were mai Wt. Mr. Pipes said the city previously talked to the Council about the problem of the underground stop tanks in this location, and thought the city might be able to leave them in -place and fill them with sand some stabilizing material and not have to deal with them, but that proposition would have been more expens than digging them up and removing them as is being done at old filling stations around town. Councilmemd motion. Discussion: Councilmember Carter noted when the city says "abandon in- place," that does not mean what!j he would think "abandon in- place" meant. He said if it is going to cost more to abandon in- place, is there someil operation the city is not going to do. Mr. J. D. Schindler, Director of Community Development, said there is;!, a potential hazard of soil contamination, so a number of bores have to be made to determine whether the soil!; is contaminated and if the bores read positive, the tanks still have to be removed to get the soil out. Mr.,i ' Pipes said to "abandon in- place," generally, without testing, one would fill the tanks with concrete and leave�j them there. Councilmember Carter said in his terminology, to "abandon in- place" would be just to abandon. Mr. !, Schindler said the city also thought it would be cheaper, but this is the recommendation of the experts. Councilmember Knotts said he thought EPA required their removal. Mr. Schindler said the Texas Water Commissionll will allow them to be filled in- place, but they also require these bore tests of the soil for contamination.!! Upon a vote on the motion on the floor, all were in favor and the motion Passed unanimously Enote: ','. Councilmember Gaines is absent]. Street and Avenue C in the amount of $3357.25 Mr. Pipes advised of the Building Official's memorandum, which states that on December 10, 1990, approval was granted from the Board of Adjustments and Appeals to remove or demolish the 27 structures located at 311 13th Street, a decision rendered after four years of condemnation procedures. He said due to the expense of demolition and cleanup, he acquired bids for the complete cleanup of the property and the security of the 27 structures by boarding all openings on each structure. He said the three bids received are: Ernst Construction ......... ............................... $3,357.25 Holmes Construction ........ ............................... $3,565.75 Gledhill Construction ...... ............................... $3,850.00 Mr. Roempke said the Code Enforcement Division is still receiving complaints on this property, ranging from drugs to snakes to fires. He said the budgeted amount for condemnation has been depleted and this condemnation is unusual in respect to being budgeted in advance. He then requested, because of these conditions, the approval of $3,357.25 to clean and secure this property. Mr. Pipes said the city has been trying to resolve the hazardous condition, overgrown property, and mis- t use by individuals of the abandoned property. He said the choice is to tear them down or to board them for security and clean the lot so that the houses can later be sold and reused as housing in the income market that is not presently being built for in Huntsville. He suggested the Habitat for Humanity, or someone else, may be interested in making a deal with the foreclosure people to go back to rejuvenate the old Jamestown Apartment area. He said the hazards continue and the area needs some attention to eliminate its use for drugs, fires, snakes, etc. to remedy the problem for the neighborhood. He then recommended the low bid by Ernst Construction in the amount of $3,357.25 to be paid from the General Fund reserve for future allocation. CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 412 Councilmember Green asked if boarding the apartments will effectively eliminate the problems. City Manager Pipes said the problems will not be finally remedied until the city pushes it all down and cleans it all off. Councilmember Bell asked why the city isn't demolishing the buildings. Councilmember Knotts asked what the bid covers. Mr. Pipes said it covers cleaning up the site, boarding the windows of the houses that are there to prevent their inappropriate use until someone can buy them. Councilmember Green suggested the houses will get unboarded the day after. Mr. Pipes said the city has done a number of window boarding projects, such as the one near City Hatt, and it has stayed in good shape. Mr. Pipes said the city is trying to save the housing stock that may be able to be used for low income folks. Councilmember Green said that is never going to work. Mayor Hodges asked what the demolition costs would be. Mr. Roempke said the lowest demolition bid was just over $7,000. Mayor Hodges said he hears a sense of the Council to get a bid on demolition. CounCitmembar Green asked if someone actually believes that at some point there might be the possibility of reusing these homes, because he understands the water Lines are broken, etc. Mr. Roempke said there were three different organizations looking into buying the project to completely renovate them but all have now withdrawn their plans, but there are some other people looking at the project. He said the other thing that is going to happen to them is that the bank will eventually auction them which will make it harder on the city if they are auctioned, depending on the owners. Councilmember Green said if someone is interested, he does not know why the city would even consider demolishing them. Mr. Pipes said the city has been waiting now for a long time and it is a severe problem. Mr. Roempke said the majority of the 27 abandoned structures are in good shape, they have just been vandalized. Mr. J. D. Schindler, Director of Community Development, said it has been approved by the Committee to demolish them and the city has bids to do that, however, Mr. Roempke, has been trying to work with people rather than destroying housing that might be used elsewhere. He said it is felt to be a sad thing to doze down good. structures. Mr. Pipes said the city does not want the materials in the landfill, nor does it want to burn the materials. Councilmember Carter asked if anyone would want to buy the material /lumber in them. Mr. Roempke said over the last two to three years, the city has tried to get bids for other projects, as well as this one, for materials only, but the city is not able to get bids for that anymore. He said the bids they received for demolition was to either demolish them or remove them from the site, at the contractor's choice. He said the contractors they contacted bid to tear them down. CounciLmember Green asked who owns the apartments. Mr. Roempke said the current title holder is a Roger and John Mathis and Commercial National Bank holds the note on it. He said they received a court judgement (order) against them to pay on it by the Commercial National Bank, however, it is not yet a foreclosure. Mr. Pipes said this property has been through all of the condemnation procedures. CounciLmember Knotts felt the city should continue with their demolition. Councilmember Green said if they have any value, perhaps the city should individually auction off the houses. Mr. Roempke said the city does not own the property but it can have them torn down. Councilmember Green said he didn't understand that as he is not sure the city would want to tear them down if they have value. Mayor Hodges suggested tabting this item. Councilmember Barrett said he'd like to know if anyone is interested. Councilmember Knotts said the City has been trying to find someone interested for three or four years. Councilmember Barrett said, however, Mr. Roempke feeLs there is someone interested now. Mr. Schindler said the city has received many complaints from the neighbors in that area and the city has been standing at arm's length trying to resolve the situation and felt this recommendation was something that would be a compromise because it was less money- -not the Fend of the hunt " - -but might buy some time to get the neighborhood cleaned up and a lien will be placed against the property. Councilmember Green noted then the city can get its costs back in the form of a ti an. Mr. Schindler said that is correct, "if" the property sells. Councilmember Knotts said all the city is going to do is clean it up, cut the grass, and it is going to come right back to the city, so it hasn't done anything. Mr. Schindler said even if the houses are demolished and it is cLeaned up one time, the grass will still grow back up unless the city continues to do it. Councilmember Knotts said there is a good chance people wiLL use the houses for crack houses. Councilmember Lange said he does not feel boarding them will do much good, and while he can understand boarding one house such as the one near City Hall, in a big complex like this where we have drug problems, etc. going on now, he felt that activity would continue the night ' the houses are boarded. Mayor Hodges asked the city staff to bring back their recommendation in a couple of weeks. In the meantime he encouraged the Council to drive by that area to observe the situation there. CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK 1101 413 Consider bid on removal of a building at the landfill to Valree Scott in the amount of $1.00 Mr. Pipes advised the city has received a single bid, as a result of a notice in The Huntsville Item, from the City's Street Superintendent, Mr. Valree Scott, who offered $1.00 to remove the building at th landfill [the old landfill office near Moffett Springs Road] . Councilmember Barrett made the motion to aoorov unanimously [note: Councilmember Gaines is absent]. University to Avenue J Mr. Pipes, City Manager, said the city has been awaiting the opportunity to proceed with sidewalks in the other parts of the downtown area and the Council had previously indicated a desire that future sidewalk work be done in the pavestone pattern as the city has done on the north side of the Square. He said the city plans to do the paving work on 12th street, two blocks from Avenue J to University Avenue, and then down to Sam Houston this year, which will complete the resurfacing work in the downtown area. He said the estimates for the sidewalk, curb and gutter work on the north and south side of 12th street between University Avenue and Avenue J amounts to a preliminary amount of $146,035, with the exclusion of the costs related to replacement of roof drains, rerouting, etc. He said the city has awaited for some time the relocation of power line poles, but absent any movement in that area at this point, he didn't think the city would do any irreversible damage to go on with the sidewalk, curb, gutter and street paving work. He said even if the city is afforded the opportunity later to pull out the overhead power poles, he does not think the city would necessarily tear out what it had just spent the money to do. 11 Mr. Pipes said the only other item absent from this particular estimate is the streetscape requirements for the decorative street lighting or anything else that might be necessarily associated with the overall downtown revitalization work. He said this is a base estimate for just the preliminary concrete and pavestone work on the south and north side. He said the city has separated out both projects so the Council can understand the city can do one, and then the other; the north side ($85,980), than the south side ($146,035), or it can do them both. He said the work is very expensive and yet obviously the businesses in that one block of 12th Street, between University Avenue and Avenue J, have been waiting for some time for the sidewalk and curb and gutter work to be done on that part of the street. He said with the Council's approval tonight, they would be authorizing Glenn Isbell, Director of Engineering Design, to do the design work and to take bids and to come back probably in July, which would be quite close in construction time to the Fair on the Square, even if the city hit every stop light on green from here to October. Councilmember Bell asked about the funding source. Mr. Pipes said funds would come from the "sales tax reserve" that the city had previously identified for street work, or from the "07" account which had been previously identified as one of the other sources for downtown work, or from a combination thereof of general fund reserve, plus the "0711 and sales tax reserves. He asked the Finance Director, Patricia Allen, if there is any other possibility for a one time capital improvements expenditure in the downtown area. Ms. Allen said one possibility would be in the match to the Arts Grant of $300,000 as there are some funds that have not been obligated specifically in that grant match; although she felt the Arts Commission had outlined some projects. Mr. Pipes said this could be used as a grant match, but that would not be used as a source of funds since the city does not have the funds specifically allocated. Ms. Allen said there were funds allocated in the project that have not been specifically allocated and they could be allocated to this; i.e., the funds for the theater. Mr. Pipes said that was in the budget, but the city does not have funds set aside for the downtown match, just "0711 money. Mayor Hodges said the staff can come back with a recommendation on the source of funds. Councilmember Carter noted then Ms. Allen is talking about plans, not money. Mr. Pipes said that is true as the city has not specifically funded those plans. Under the budget approved for the match of the Meadows Foundation money, he said, the city has to spend $300,000 and it could be this or it could be the cultural planner, etc. ' Councilmember Carter said then it is money because we have committed to spending a certain amount. Mr. Pipes said that is correct. Councilmember Barrett asked what is the "07" money. Mr. Pipes said the city had committed to spending the $300,000 downtown and this could go towards that match, but the city has not specifically amended that grant match budget to reflect these numbers. Ms. Allen said the "07" balance is probably $100,000. Councilmember Bell asked if sates tax increases this year would help cover some of that. Mr. Pipes said the city has some carry forward reserve in sales tax increase in excess of the budget, but the city has done no mid -year budget adjustments because of the lateness of the numbers coning in. He said, CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK .,Q.. 414 however, the council will see later in the discussions that the city has numerous projects that have budget impact, so the Council might want to hold up on this one until after those discussions. At the same time, he said, if the Council is going to do the work in conjunction with the resurfacing of 12th Street, the very minimum it needs to do is the curb and gutter work and the city can hardly break out the curb and gutter work and repour it without doing the sidewalk work as they are too interrelated. Councilmember Carter noted than the Council is going to come back to discuss funding, but he wouldn't mind seeing half or one of these two projects to come out of that $300,000 and the city might take the other money from some other source. He said this is a more substantive downtown improvement; although he supports theater, there is just too much vagueness about the development of a particular structure for a theater downtown. He said one of these two projects then might come out of that money to take the Council off the hook somewhat about the commitment it made, and do something substantive. City Manager Pipes said the city had not specifically budgeted for this project and that is why it is here. He said if the Council wants the staff to proceed with pavestone sidewalks in the downtown area, this is the next likely project and this is the price tag. Councilmember Green made the motion to approve the expenditure for the Phase III pavestone sidewalk oroiect along 12th Street from University Avenue to Avenue J and Councilmember Barrett seconded the motion. Discussion: Councilmember Barrett asked why the city can't allow both of these go toward the $300,000, then if the city has money for the other later on, it can do that; why not let this be a credit. Councilmember Knotts said the Council has talked about that $300,000 and committed some and uncommitted some. He said he asked several months ago to get an accounting of what the city has actually spent; what was spent on Haas, Williams, etc. and what funds that money came out of so the Council can look at what it can do. All were in favor and the motion passed unanimously with Councilmember Gaines absent. CITY MANAGER'S REPORT - -GENE PIPES Preliminary budget calendar and philosophy discussions , Mr. Pipes presented a preliminary budget calendar and a list of projects to stimulate philosophical discussions. He said the city has benefitted greatly in the last couple of years by having a preliminary discussion with the Council about its ideas concerning the budget and its development before the staff goes to work on it. He said while the staff has benefitted by discussions that are not necessarily encumbered by hard budget nuirbers, the danger therein is that the Council can go off into the idealism track so far that it can find it overlooking some things it had previously discussed and overlooked while making these expressions. He said it has been the staff's responsibility to remind the Council of those things that previously had been discussed. He presented a two column list of things that have been discussed [such as Councilmember Carter's Local environmental impact platy which may have a positive or negative effect on the budget; if it slows down the number of projects the city is doing, then it could have a positive effect in sane areas and end up costing more money in others. He said the city simply hasn't had the time to develop that sort of situation. Mr. Pipes said since 1988, the city has had a declining tax base from $400 million down to $381 million and the city does not know what the evaluations are going to be for the next year. He said the city's maintenance of the $ .38.44 tax rate, by formula, could actually become this year, in view of a continuing decline in the valuations, a net effective tax rate increase. In fact, he said, the city may have to publicize a tax increase in order to maintain the $ .38.44 if the city continues to lose value because it has not raised the value over the last couple of years in line with the effective tax rate calculation. He said this would be an ironic situation. Mr. Pipes said the city has also tacked about substantial problems; one of which is the downtown revitalization, the cultural plan, streetscape plan, the second year Meadows Grant. He said the city does not know what the power line relocation cost will be, but the city does not yet have the plan developed for the east and south sides of the Square, but there will be costs associated with that at some point. He said the Council has discussed the first aspect of costs related to the Boettcher's Mill project and has been and is still ' hopeful of a considerable amount of volunteer work in cleaning up this site and securing it, and then being able to work out a development plan. Quite frankly, he said, the volunteer effort has been a little slow in materializing, and in the process of doing the SQettcher's Mill store, the city has an adjacent group of houses that have to be accessed by a public street. He said the city needs to build a street so that the people now using the Boettcher Mill Store property to get to their homes have a way to get home. He said that has been the route used by the people for a number of years. CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "A" 415 Etheredge Park was given to the city a number of years ago, he said, and there is a drainage problem related to the creek that cuts through the northern most part of the subdivision toward the lake that needs some maintenance work. He said sediment collecting over the first ten years has caused water to fan up and run into people's yards, driveways and garages. He said the city talked tonight abut a recycling program /solid waste management and the Council can look at that during the budget discussions. He said the drainage problems discussed a couple weeks ago of great concern to the residents on 18th Street and a whole series of other Individual drainage projects Esome 40 projects] have been identified. He noted the Gibbs Cultural Center, Library facility report from the Library Board, and a project called Automation /Integration of the University Library collection, City Library collection and HISD Library collection [an interesting concept), need to be discussed. He said there are also matters such as the HISD innovative playground and perhaps the City Hall refurbishing [painting, new carpeting) as the building is showing wear and tear after 15 years that need consideration. He said the city has talked about his efforts to join with the University's Special Olympics event, noting Mr. Dave Cich, President of the Chamber of Commerce, advised the Chamber members today of the activities in that area and that the City expects to be on the final site selection list and will have to submit • final bid within the next two -three weeks which may involve budgetary considerations. He said there may be • need for bond issues on several of these items: cultural center, library facility, etc. He said he is not certain the city could approve enough bonds or get to work on the drainage. He said the city needs a long term plan like the city's ten year street program to effectively address all of the problems related to drainage across the city that have been waiting for a number of years for the city to get caught Lip in other areas. Discuss when to Work on Budget H Finally, he said, with the valuation decline, the effective tax rate calculation problems, the loss of ' revenue base in the water and sewer areas, the city comes to the Council and "throws the gauntlet down" and says il, before we start working on the budget, what are the other "pearls of wisdom" they would like for the staff toll consider. He said he has identified four or five items that are particularly helpful to the City but when and it how does this Council want to go about discussing the budget: in an aLL -day Saturday session or on several it Tuesday night sessions. He asked if the Council wished to stay with the basic budget decision package format,;,, or does it want to go back to the ground and start up from the zero base budget and re- debate all of the operational phi Losophies in each department and the necessity for all of the ins and outs of each department's'; operation. He asked if they have any insights into the decision package presentation and evaluation methodjj the city has used as a decision maker over the last couple of years. He said some have expressed some it appreciation of that process and others have expressed concern about it. He said any program additions, deletions and adjustments are solicited as well as program activities. 11 Mayor Hodges asked the Council if they prefer one long Saturday or several Tuesday evenings with an agenda and a time limit. Councilmember Barrett said the Council can have an agenda and a time limit on Tuesday nights also, and he preferred Tuesday nights. CounciLmember Knotts felt it was rather rushed last year when they did it on Tuesday nights, but if they start far enough ahead of time, it might work. Mr. Pipes said the review can be done fund by fund. He said the capital improvements program is pretty well set, considering the final phase issue of general obligation bonds and now the utility bonds; while not totally locked down in projects, there is little to be debated. Councilmember Barrett said the Saturday sessions are too Long and those who present their programs at the end of the day don't get a fair shake because the Council gets tired. Councilmember Green noted, however, the aLL -day Saturday sessions do provide continuity, whereas, on Tuesday night, there is a learning curve during which the council has to go over some things again to put them back into a frame of reference. He said he would prefer a single day even though he hates to relinquish a Saturday. Councilmember Carter said he didn't see how the city could do it on one Saturday or even in four or five Tuesday sessions, noting this is a $15 -16 million budget and we are going to spend one day dealing with it, or a few evenings on Tuesday nights? He said he knows the city is not going to do zero -base budgeting which means we are going to figure out whether we spend that first $10 -12 million, but still, he personally didn't care when ' it is done, but feels amazed that the Council thinks they can do it in one day or just a few Tuesday nights. He felt the sooner they get started and the more time the Council spends, the better job it will do. Mayor Hodges felt it is not something he wants to rush through as it is the single most important planning document the Council does on an annual basis. Councilmember Green noted, however, unless the council does zero -base budgeting, there is much of it that is decision packages. COunciLmember Carter said not too long ago he suggested that, on a rotating basis, through some period of time, the Council do zero -base budgeting by department, so that once in some cycle the Council take a total Look at all of the details of a department; CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 416 something that would not be done otherwise. He said he does not want to do it this year because it is too Late. Mr. Pipes said he tried this spring to go through department by department for presentation purposes in work sessions February through April and presented streets, water, sewer, sanitation, etc. and had a budget overview by Mrs. Patricia Allen. He noted while they did not deal in a zero -base budgeting type concept or rejustifying or sunsetting a departmental function, the intent was to provide all the information about that budget for the Council's review and update. He said he does not know into how much more detail they could have gone without, in fact, going back and justifying every position and paper clip within the departmental operation, except for the fact that they didn't get the Police, Planning and Communicate Development reviews done. Councilmember Carter said he didn't mean to be critical because he feels the staff has been very forthcoming and helpful in this, but that is another issue for another time. Mayor Hodges suggested the Council begin with a Saturday session to wrap up around the middle of the afternoon because everyone aets tired and department heads do not get a fair shake and then complete it on consecutive Tuesday nights. regardless of how many Tuesday nights it takes. Councilmember Bell said one of the Council's most crucial functions [and he appreciates Mr. Pipes doing it this year because he doesn't think it has happened before] is to take a look at making the philosophical decisions about what the City has and wants to do and what it has to discard because it simply does not have the resources. He asked if this process can be refined and begin, in a special session, looking at the items Mr. Pipes has already identified. Mayor Hodges felt on these individual projects, he would Like for the Council to get with Mr. Pipes to express their desires on them. Councilmember Bell said he wants to do them all. CounciLmember Knotts said the management study proposal could work in conjunction with the budget and we wouldn't need to go to zero or to spend specific time on all the figures if the Council had it in conjunction. Councilmember Bell said if it is going to cost $50- 60,000 to do it, forget that, the city may not be able to work on the Etheredge Park drainage area problems. Councilmember Knotts said it would answer a tot of budget questions. Counci Lmember Bell said the Council needs to make some decisions early on as to which of these the Council plans to nave ahead with and which it wishes to scale back. Mayor Hodges said the Council needs to consider how many dollars are available. Mr. Pipes said ' this list is not all - encompassing, but just an effort to write down things the Council has recently discussed; it does not begin to cover everything that has been on the chart for some time. Mayor Hodges said anything that comes into general fund is affected by sales tax, ad valorem tax, franchise fees, etc., he noted. The Council probably needs to start in the General Fund because it has more decisions that affect the pubtic, Mayor Hodges said. He noted the tax rate hasn't been moved since 1988 and said the Council needs to review first what the valuation of the city was then and how many dollars f .38.44 raised so it will get a break down on how many dollars the city received based on that fixed tax rate for the last several years. Mr. Pipes said that is traditionaLLy done first unless there is a screaming problem in a particular area that needs addressing. He said if the city maintains the 8 .38.44 tax rate and Loses $4 million in valuations, the city will not have the same amount of money. Councilmember Barrett asked that the Council not be asked to vote on decision packages late at night or at the end of the day on Saturday because some important projects nearly get left out because the Council has reviewed it so much that the Council gets tired; the Councit needs to do that when it is fresh. Mayor Hodges said with the Council's permission he will ask the City manager to begin the budget review sessions on a Saturday at 9100 A.M. and to begin with the General Fund budget and to wrap up about 2:30 P.M., even though they may not finish the general fund they will get well into its review. Councilmember Bell requested that the staff start putting some numbers to these projects identified by Mr. Pipes, because if the management study is going to cost 875,000, the Council will need to know this fairly soon. Councilmember Knotts said he did not prefer the method used last year in deciding on decision packages by just Listing them on the wall and picking numbers. He said he did not really have any idea what they were talking about as far as dollars and said it was like being blindfolded and throwing darts concerning trying to figure out priorities. Mayor Hodges said since the fiscal year starts October 1, this process needs to begin soon. Mr. Pipes said the Saturday meeting will be set early in August and will span over the succeeding Tuesday nights, unless the Council has some conflict. Councilmember Knotts said the staff can provide the Council with some written documents in advance. ' Councilmember Green suggested this process begin the last part of JULY and end mid August. Mr. Pipes said if that is the council's preference, that is what the staff will do. Mayor Hodges felt that was a good idea. He asked Mr. Pipes to start with the General fund have an agenda and a time frame. Mr. Pipes said he will proceed. CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 417 Preliminary meeting agenda for June 25th Mr. Pipes presented this preliminary agenda for the Council's information [Arts Commission proposal- - cultural planner; joint PC /PZ public hearing; personnel policy revisions; soccer /baseball field presentation; parks board recommendation - - Bush - Miller park; storm water management worksession; and NISD innovative playground proposal). Notice of Vacancy on the Board of Directors. Walker County Appraisal District. Mr. Genre Pipes, City Manager, advised the Council that the Walker County Appraisal District Board of Directors has advised of a vacancy on the Board of Directors due to the resignation of Larry Waller. He said according to Section 6.03 of the Property Tax Code, each voting taxing unit may nominate a candidate to fill the vacancy by resolution adopted by its governing body. Each unit, he said, shall submit its nominee to the chief appraiser within ten days (by June 13, 1991) after this notification. The chief appraiser shall prepare and deliver to the board of directors a list of the nominees within the next five days (by June 18, 1991). Mr. Pipes said then the board shall elect by majority vote of its members one of the nominees to fill the vacancy. Mr. Pipes said he understand from the media that Mr. Jerry Larrison has been nominated by the Walker;j County Commissioners- Court to fill this vacancy. He said he does not know if there will be other nominations!', from either the HISD or from the City Council. He said certainly Mr. Larrison is a very fine individual. Hey' said he feels the Council may simplify this effort if it concurs in that nomination, absent any other nomination, as this would certainly make the filling of that vacancy expeditious. Councilmmber Knotts made;l the motion to approve the nomination of Jerry Larrison, if there are no objections from the Council. and' Councilmember Green seconded the nation. There being no objections expressed, all were in favor of the motion to nominate Mr. Jerry Larrison and it passed unanimously. Mr. Pipes said he will communicate that nomination ' to the Walker County Appraisal District Board of Directors.'�,i �i Consider authorization of participation and funding in the Telephone Franchise Steering Committee i Mr. Gene Pipes, City Manager, advised he has received information from the TML on the Telephone Franchise Steering Committee. He said the council asked to be apprised of the cost of participation and then they would make a decision. He said the city's cost of participation would be one cent per capita. If the Council decides to participate, this assessment needs to be sent to TML by June 30, 1991. Counci lmenber Knotts said as he recalls, the majority of the Council wanted to participate. Councilmember Knotts made the motion to approve of the City's participation at a cost of one cent per capita and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. Thanks for the sidewalk at the cemetery Mr. Pipes read a thank you card from the Retired School Teachers Committee [Mrs. Pauline Smith; Mrs. Virginia Williams; Mrs. Avis Harding; and Mrs. Marie Vick, Chairman] that is working on cleaning up the cemetery in the area of Sam Houston's Grave, in appreciation for the sidewalk in front of Oakwood Cemetery. Mr. Pipes said they feel it is beautiful and serves as the icing on the cake. Mr. Pipes said it is quite a compliment when a citizens group recognizes the city's efforts. Work on Martin Luther King Boulevard Sidewalk Mr. Pipes said the staff previously discussed with the Council the sidewalk along Martin Luther King Boulevard and the difficulty with the trees. He said Mr. Isbell, Director of Engineering Design, had designed that project to include a three foot wide sidewalk and then a retaining wall that varies from two to four feet high to maintain as many of the trees as possible within the right -of -way. He said the city has since been approached by a property owner who owns the property from 8th Street north [two houses], requesting that the ' trees be cut and that the ground be laid back and that the four foot sidewalk be put in front of her house. She contends that she has no grass because the trees block out the sunlight and the slope of the grade in front of the house is so radical that she has difficulty getting in and out of her property. He said obviously the 82,000 additional cost is something that he is compelled to bring to the Councils attention, and there is also a conflict in the city's basic nature, noting the Council previously authorized the removal of the trees if necessary - -the staff has worked around that as best as possible--and now it is going to result in a cost of about $2,000 more to remove the trees than it would have cost to build a narrower sidewalk with a retaining wall. He said the trees themselves are in the street right -of -way, but the sidewalk at a three foot width is CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 418 a very narrow sidewalk adjacent to a very busy street. He said the Council needs to authorize the additional 42,000 and the sidewalk design work to complete the project. Counci [member Green asked why it costs 82,000 to cut two trees. Mr. Pipes said there are actually about 18 trees. Council Bell said the city should be saving the cost of the retaining wall, which is probably expensive. Mr. Pipes said when the city reduces the foot volume of the retaining wall in comparison to $150.00 per tree to take the trees out, it loses about $2,000. Counci (member Carter said since he has been involved in some of the debate on this, he would like to make the motion to refuse to participate in the removal of the trees and felt if the lard owner wishes to cut her own trees to let her spend her own money rather than the city contribute. Mr. Pipes said these are not "her trees" but are in the city's right -of -way. Councilmember Carter said then made the motion to deny her the authority to cut those trees. Mr. Pipes said whatever is the council's pleasure. Councilmember Robinson said the sidewalk will only be three feet which makes it more dangerous on that busy street. Councilmember Bell seconded Councilmember Carter's motion. All were in OPPOSITION except Councilmember Carter and the motion failed [Note Councilmember Gaines is absent]. Councilmember Knotts then made the motion to spend the additional $2,000 to remove the trees and redesign the sidewalk from three to four feet and Councilmember Barrett seconded the motion. Discussion: Mayor Hodges said the sidewalk will be mainly used by students in walking to the schools in the area. All were in favor of the motion to remove the trees and widen the sidewalk EXCEPT Councitmember Carter who voted opposed and the motion passed by a vote of 7 to 1 [note: Councitmember Gaines is absent]. Finance Committee Meeting City Manager Gene Pipes requested that members of the Finance Committee remain to continue its afternoon discussions after the formal City Council session concludes. ' MAYOR'S ACTIVITY REPORT - -BILL HODGES Mayor Hodges asked the members of Council to advise Alice Matthys of the City Manager's office if they are able to participate in the Juneteenth parade to be held on Saturday at 10:00 A.M., sponsored by the Progressive Women's Association. CITY COUNCILMEMBER ACTION City limits Population signs changed /population cortposition question Councilmember Bell said he has observed that the city limits population signs have been updated to 27,925 population. He asked how that population is comprised. Mr. Pipes said it includes inmates and college students in residence in the city limits at the time of the census count, including the Wynne, Gores, Diagnostic and Walls Units. Mr. Hank Eckhardt, Police Chief, advised some 6,500 inmates are inside the city limits on an average day. Mr. Pipes said college students in residence in Huntsville, either in the dormitory, apartment, or any other residential situation, are counted if they are here before April 1 of the census year. Mr. Pipes said if they sro commuters, they are not counted because they have to be residing here. Councilmember Bell noted then by way of some rough calculations, that number is about 14,000 too high in terms of permanent residents. Mayor Hodges asked what is a good number for city residents. Mr. Pipes said the student and inmates are permanent residents because the city serves them with water, sewer, fire, police and sanitation. Councilmember Knotts noted the people support water, sewer and sanitation services by paying for it directly to the city. Autumn Drive at Spring Lake Councilmember Bell noted Autumn Drive in Spring Lake was seriously damaged about a year ago by some ' logging trucks. While it has been repaired well by the city, he said, it still concerns him that those private trucks could tear up the city's new paving without compensating the city. He asked if the city has taken any steps to recover some damages or can the city do so. Mr. Pipes said he would have to defer to the City Attorney as to "can," but the answer to "did" is no. Councilmember Bell asked if the city should pursue that because what the city laid out was literally broken apart nine months later. Mr. Pipes said the problem is the city does not have load zone capacity ratings on the streets, and absent that, the city has a very limited enforcement mechanism. He said the city received all kinds of assurances from the logging contractor at that CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 419 time that if anything is torn up, he would pay for it, but it would be very difficult to document. Counci Lmember Knotts said the city did have an ordinance on load zones on concrete trucks, and concrete companies had to file a bond. Mr. Bounds said he will look at that ordinance. Mayor Hodges asked the staff to Look into this and report back to the Council. Oil -Toxic waste Spill Counci Lmember Carter noted there was some sort of oil or toxic waste spill behind the old Bowling Alley ;1 along Sam Houston Avenue. He said he had some rivate conversations with various I� p people but no one at that time knew what was in that material. He said he suggested EPA be contacted so that someone could come out to look �) at what was in that material. He asked if the city has determined what that was and did it get it cleaned up safely. Mr. J. D. Schindler, Director of Community Development, said the procedure is to notify the Texas water Commission, which the city did. He said he has not heard from them since, but the barrels in question were 1i removed by the property owner and sawdust was placed on top of the spilled material. Councilmember Carter felt this is a fairly serious matter because these drums could contain all kinds of material. Mr. Schindler said the property owner was advised that the City has contacted the Texas water Commission. Councilmember Carter] said the city needs to contact the EPA or someone who has some specialty in hazardous waste removal because j ehildren and animals could get into it and the material could get into the ground water. He said it has been 1 0 at least two weeks or more since he has had this conversation and he assumed something was done. He said he !; is hoping the city will contact some authorities that know something about this and who will take some action. I!. Mayor Hodges asked Mr. Schindler to follow up on the matter. Commendations to Chief Eckhardt Councilmember Robinson commended Chief Eckhardt and the Police Department for the additional patrol on " ' Martin Luther King Avenue that he requested this past weekend, noting they were there with bells on. He said he highly appreciates that because of the activities that were going on at the Martin Luther King Neighborhood Center. Maintenance Program for City Buildings Concilmember Robinson asked if the city has a maintenance program for city buildings and learned from Mr. Pipes that the City does have such a program. He said about two weeks ago, he called Mr. Ray Black, Parks Superintendent, concerning some breakers that went out at Emancipation Park and that his phone was buzzing because a group was having a program that night and was concerned about the lights. He said part of the Center was without lights. He said Mr. Black said he would get someone over there to take a look at it and they did and found out that they had to replace a breaker, however, in order to do so, a[L of the breakers had to be changed to replace this particular one. He said lamps were brought in during the interim. He said he was at a program there this past week Friday and the Lights were still out; it has now been two weeks. He said Mr. B Lack said he would do it the next day and it was two weeks as of last Saturday. Councilmember Robinson said lights are also out in the kitchen area. He said the building looks good from a distance but when one gets up close, there are all kinds of spider webs and dirt on the building. Mr. Pipes said there is a building maintenance program in which there is a routine check of all facilities by the attendant department which makes a double check in this particular case. He said when incidents like this are reported, obviously action is expected and when it is two weeks and it doesn-t get done, then the city needs to address that situation. He said the city has determined there is a dead short from the light fixture closest to the stage and that short affects the power to the one light in the kitchen; every other electrical installation is okay in the building and functions well. He said the city can't figure out what is wrong so it has direct - line - relayed around that particular problem and it is remedied temporarily for use in the foreseeable future until the city can figure out how that short occurs between the Light fixture and the breaker box. He said the Parks and Recreation Department is scheduled to check the building on a daily basis for any damages or vandalism, dirt, floors, restrooms, and all the other facilities, as far as exterior maintenance. In terms of appearance, spider webs, etc., given the high rain frequency the Last couple of months, he said, he is sure the staff is behind on keeping up with the park building in order to just keep up with the mowing and the yard work related to the Little League program. He said the city does have a routine and a schedule that should be adhered and when a problem is identified that the city is not keeping up, it needs to tend to it and it will do that. Councilmember Robinson said he received a call concerned that the maintenance of the building may not be finished in time for the Juneteenth Celebration on June 15 and asked if the building will have its lights restored. Mr. Pipes said it will have Lights. CITY COUNCIL MEETING OF JUNE 11, 1991 BOOK "0" 420 H -GAC Monthly Meeting Councilmember Barrett said he spent the greater part of the day in Houston at the H -GAC monthly meeting. He said if the Council reads in the paper that some of the agencies, that find new jobs for the people who have Lost their jobs, didn't get funded, it is not because H -GAC is mean, but it received a 43 percent decrease in federal funds. He said they had about 100 -125 people in the gallery today who were all -1chomping at the bit" to get more funds. He reported they did the best they could to try to fund the different locations north, east, south and west around the 13 county area. Region 14 Spring Meeting Councilmember Barrett said he represented the City at the Region 14 Spring Meeting May 30 and their guest speaker was Jack Floyd, TML -s Director of the Intergovernmental Risk Pool. He said his presentation was on insurance trends facing Texas cities and what it may cost the city. He said he asked him why the City of Huntsville could not get insurance with EMS and on different things in which the city is involved with other entities. Mr. Floyd said there is no reason the city should not get insurance and be made to go independently, which is more expensive. Councilmember Barrett said their regional director has already contacted Mr. Pipes and hopefully the city can get a reduced insurance rate. CounciLmember Barrett noted also cities wanting to submit resolutions for consideration by member cities at the TML annual meeting should have them in by September 8. After that date, he said, it takes a 2 /3rd -s majority to get them on the floor for consideration, which is nearly impossible. He encouraged the councilmembers to attend the TML meeting in Fort worth October 23 -26, 1991 and to contact the City Secretary if they can attend. ADJOURNMENT fuutly , submitted, - R h DeShaw y ,/ / ta/ r/y June 11, 1991