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MIN CC 11/12/1991MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 12TH DAY OF NOVEMBER, 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 following members present: W. H. Hodges, Mayor William B. Green City officers present: Gary Bell William H. Knotts, Jr. Gene Pipes, City Manager Its G. Gaines Ronald L. Lange Scott Bounds, City Attorney James L. Carter 0. Eugene Barrett Charles Robinson (late) FORMAL MEETING CONVENED Mayor Hodges called the meeting to order at 5:15 P.M. CONSIDER ORDINANCE No. 91- 11-12.1 Consider Ordinance 91 -11 -12.1 calling an election for at -large officers on January 18. 1992, and providing for a referendum on City Charter Amendments. [Mayor Hodges stated that we would first act upon calling the election and we would vote on the charter amendments separately.] Mr. Pipes stated that the County officials had not established precinct boundaries. City staff recommends consolidating the City officers election to one location at City Hall. Mr. Bounds showed three maps, including one redistricting plan that had been presented to and rejected by the County. The County continues to work on the redistricting plan, but at this time has not set the lines. Councilmember Barrett asked Mr. Bounds if the City used the information put out by the Houston - Galveston'! Area Council. Mr. Bounds responded that the City used the census data and the general information from HGAC in preparing alternatives for the County. Mr. Bounds explained that three of the nine voting boxes had never had a voting turn out on election day of more than 45. Mr. Bounds informed Council that he had called representatives from the Secretary of State's office after he made the suggestion to Council to consolidate the election precincts, and they indicate that it would be a solution that would be appropriate under the Texas Election Code. Since it is an at- large election, there would be no problems; the City would prepare to vote approximately 1200 voters at City Hall on !.i. election day. Becky Abbott has agreed to be the Election Judge and manage the election on that day. No one lives more than 3 1/4 miles from City Hall. City Hall is one block from the Courthouse, which is one of the heavier voting boxes. Councilmember Barrett made the motion to accept these terms (Section 2 establishing one polling place) and set II the date of the election as January 18. 1992, and Councilmember Green seconded the motion. Counci lmember Gaines suggested that adequate publicity be provided to inform the citizens of Huntsville j of the change. Counci Lmember Bell seconded Ms. Gaines comment and also suggested that we explain to the voters why the change is being made. Mayor Hodges noted several changes to be made in the ordinance -- dropping the name of Ms. DeShaw as City Secretary; changing Absentee Voting to Early Voting; and also agreement was made to changing the Early Voting time from 8:00 a.m to 12:00 noon and 1:00 p.m. to 5:00 p.m. to 8.00 a.m. to 5:00 p.m. Councilmember Bell made the motion to incorporate these amendments into Councilmember Barrett's motion. and Councilmember Carter seconded the nation. All were in favor and the motion passed unanimously. Councilmember Barrett made the request to have plenty of clerks at City Hall on election day to help expedite the voting process. He also requested that if a voter has a problem, the voting clerk should take them aside so as not to hold up voters following in the line. Charter Amendment One The charter amendment to update state statutory references contained in the Charter. j Scott Bounds stated that the City Charter refers to several state taws that have been repealed and recodified in another form; especially since the adoption of the Texas Local Government Code by the legislature approximately two sessions ago. Counciloember Barrett made the motion to approve Amendment One. and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimousl fl __... _ --CM COUNCIL Mon .w ^a - - ^OF NOVEMBERS -i2, 1994 - - -- - BOCK Charter Amendment Two The charter amendment to conform the City election procedure with state law. Scott Bounds informed Council that this amendment is a result of the legislature setting up the super Tuesday election in the spring. In order to do that, it prohibited cities from holding elections in April. The City traditionally had elections in April. The City moved its elections to January to conform to state law. This amends the Charter to reflect the actual practice of conducting January elections. Councilmmnber Gaines made the motion to approve Amendment Two, and Councilmeober Barrett seconded the motion. All were in favor and the motion passed unanimously. Charter Amendment Three The charter amendment to require one City Council meeting per month. Councilmember Barrett made the motion to approve Amendment Three, and CounciLmember Gaines seconded the motion. Counci lmenber Carter stated that the City is reducing the amount of supervision that City Council can exercise over the City government and that he feels the City is moving into an inactive phase of City government. Mayor Hodges stated that the City is moving toward greater efficiency. Councilmember Bell stated that he agreed with CounciLmember Carter. Councilme ber Barrett stated that the amendment will not prohibit meeting each week or twice per week, but if there is no business Council will not be required to meet, and that this wiLL improve the efficiency of the City. CounciLmember Knotts stated that the City has little media coverage now, and if it only met once a month the public would not be aware of what the City is doing. CounciLmember Barrett stated that the City gets good media coverage. CounciLmember Gaines stated that the Council and staff are responsible people and will meet when there is a need. CounciLmember Green said that although the Charter now requires two meetings per month, during most of his tenure Council has met four times per month, and Council will continue to meet when necessary whether it be one time per month or four times per month. Councilmembers Barrett, Gaines, Lange, Green and Mayor Hodges voted for Amendment Number Three, and - Councilmembers Knotts. Carter and Bell voted against. The motion passed 5 -3, Charter Amendment Four The charter amendment to require a descriptive caption of franchise ordinance be published in the newspaper prior to adoption. Scott Bounds explained that at the present time it is required to publish the entire text of franchise ordinances and this amendment would require only a descriptive caption to be published. Councilmenber Barrett made the motion to approve Charter Amendment Four. and Counci Lmember Green seconded the motion. CounciLmember Carter stated that he opposed this amendment because efficiency is not the only value government seeks. Councilmembers Barrett Gaines Lange, Green Knotts Bell and Mayor Hodges voted for Amendment Number Four, and CounciLmember Carter voted against. The motion passed 7 -1. Charter Amendment Five The charter amendment to extend the period of time to file a notice of claim against the City from 45 days to six months. Scott Bounds stated the charter presently requires that in order for a claimant to collect damages against the City that the claimant notify the City within 45 days of the injury or damage. This amendment would increase the time a claimant has to notify the City of a claim to six months. Councilmember Barrett made the motion to approve Charter Amendment Five. and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. Charter Amendment Six The charter amendment to prohibit any City Councilme ber, officer or employee from participating in the award of a contract in which the member, officer or employee has a substantial interest. Mr Bounds advised that presently the Charter follows a repealed state statute regarding prohibition of conflicts of interest. This amendment would follow the new state law. l 'i Counci[member Barrett made the motion to approve Charter Amendment Six, and Councilmember Lange seconded the h motion. Councilmember Bell stated he did not like the way this amendment is written and the proposal would allow people who sit on City Council or who have other interests in the City to seLL to the City, and although they ., would not participate in the vote, the City Council should be spotless with no suspicion of wrong doing. Councilmember Lange stated that if the City does not approve the amendment it discourages anyone in retaiL business to run for City Council. Councilmember Green stated that passing this amendment would not reduce the ethics of the City, and there is the possibility that allowing someone on City Council to submit a bid in the same way someone else ;would in fact opens the opportunities for the City to buy thing at a lower cost than it is now able to because °a person on City Council is forbidden to engage in any activity selling to the City even if they can't participate in the vote, and that this is not an ethical issue at all; the only question is will the City be able to buy goods or services at a competitive bid that involves members of the City Council. Rather than !. Looking at it as a negative, it opens up the doors as a positive opportunity for the City to be able to buy "goods at a lower price than we are capable of buying now. Mayor Hodges stated that he supports the amendment because in addition to the statements made by Councilmembers Green and Lange, it allows the City to do business in the corporate city limits of the City of Huntsville. Councilmember Bell stated that it is not an anti - business stance to be against the amendment, that small businesses are very much an important part of Huntsville and small business people sitting on Council have made a substantial contribution to the City of Huntsville; the City runs a tight ship and no wrong doing will take place, but the appearance of impropriety is overwhelming to the average citizen. Councilmember Barrett stated that there will not be as many people who are able to give up a part of their income by not being able to participate in the bid process by sitting on City Council and that this !'. amendment needs to be passed. Councilmember Knotts said he had talked to two previous City Councilmembers who were on City Council when this was allowed and both advised against it. He stated that there is a tremendous amount of purchasing ;'. that City Council is not aware of. Mayor Hodges asked J. D. Schindler about our purchasing requirements and rules on telephone bids, etc. J. D. Schindler stated that in our new proposal we would take telephone bids up to $1,000. Three written quotations are required for amounts in access of $1,000. These bids would not come before City Council unless they were in access of $2,000. Councilmember Carter stated that there nay be the appearance of unethical behavior if this amendment passes and that the person who has control over the City budget should not also be able to spend some of that -. City budget for their own business. Councilmember Green responded that the statement Councilmember Carter made regarding persons who have !� control over the City budget should not be able to spend some of that budget for their own business; this does ;i not allow that, in fact it expressly forbids them to vote in any decision that involves their interest. '- Secondly, at one time or another, almost all Councilmenbers have had to excuse themselves from a vote due to �! conflict of interest of one kind or another, it is stated up front and excuse ourselves from the discussion and vote. This wiLL continue exactly under this new provision, it simply allows the City more opportunity to do business than they currently have. A vote was taken and Councilmembers Barrett Lange, Gaines Green and Mayor Hodges voted for Charter Amendment Six. and Councilmembers Carter, Bell, Knotts and Robinson voted against the amendment. The amendment pass by a vote of 5 -4. [NOTE: This is the first item that Councilmember Robinson was present for.] Charter Amendment Seven The charter amendment to make the City nepotism rule comply with state law. Scott Bounds stated that the City Charter presently prohibits nepotism in certain situations. The state constitution has been amended and this would simply amend the City charter to comply with the constitution. '. Councilmember Barrett made the motion to approve Charter Amendment Seven, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE NO. 91-11-12.2 Consider ordinance amending Chapter 6. Buildings and Buildings requiring operating permits and increasing fees. Gene Pipes stated this ordinance alters permit fees for swimming pools, food establishment, etc., and the various fees that go for inspection of those activities and assurance to the public that they meet certain I 1 - _VlYr WN M-Mee INU UF'Num 1"tK -it 9YFF_. _ _..._ - -- —_ - -. _. _.yWR_.••Y•,_— _ �L! standards. Councilnwmber Gaines made the nation to approve Ordinance No. 91-11 -12.2. and Counci lmenber Barrett seconded the motion. ALL were in favor and the motion passed unanimously. CONSIDER PROPOSAL Consider a proposed rewrite of Chapter 16 of the Code of Ordinances. Taxicabs and other vehicles for hire. Gene Pipes stated that this ordinance had been discussed in a worksession several weeks ago. The changes resulting from the worksession have been incorporated into the ordinance. Mayor Hodges advised that with the number of changes made, this proposal should be tabled so Council could study it at length. Councilmember Barrett made the motion to table a proposed rewrite of Chapter 16 of the Code of Ordinances and Councilmember Robinson seconded the motion. CounciLmember Green stated that the proposed ordinance goes well beyond what is necessary to address the problems relative to taxicabs and vehicular traffic around the prison, and agreed with tabling this proposal, but would like to have another worksession to discuss this proposal. Mayor Hodges agreed. Councilmember Lange stated that the issue should be tabled, but not dragged out for months. Mayor Hodges called for a vote and all were in favor of tabling the proposed rewrite of Chapter 16 and it passed :! unanimously. CONSIDER RESOLUTION NO.. 91-11-12.1 Consider Resolution requesting a gift of Land from the Resolution Trust Corporation. Gene Pipes stated that there is some property on Avenue M, right across the creek from City Hall that was at one time part of Huntsville Savings and Loan. The staff requests authorization to seek from RTC the gift of that property closest to the creek. Councilmember Barrett made the nation to approve Resolution No. 91 -11 -12.1, and Councilmember Lange seconded the motion. All were in favor and the nation passed unanimously. CONSIDER ORDINANCE 91.11.12.3 Consider ordinance for notice of intent to issue certificates of obligation for an 8 yard diesel powered dump truck as budgeted. Coumilmember Barrett made the nation to approve Ordinance 91 -11 -12.3. and Councilmember Gaines seconded the motion. CounciLmenber Carter advised the Council that due to the Clean Air Act, diesel fuel vehicles will eventually be obsolete and banned by Law. In the future the City should look at alternative fuel vehicles of all types. Councilmember Knotts requested that when bids were taken to get a bid on a reinforced chassis. Mayor Hodges caLLed for a vote. ALL were in favor and the motion passed unanimously. CONSIDER RESOLUTION 91 -11 -12.2 Consider resolution determining the vote for candidates for Appraisal Board. Gene Pipes stated that this resolution determines the votes for candidates on the Appraisal Board. Oounci lmember Gaines made the motion to approve Resolution 91 -11 -12.2. and Counci Lmember Robinson seconded the motion. All were in favor and the motion passed unanimousLv. CONSIDER UTILITY EXTENSION AGREEMENT Consider a utility extension agreement request to provide sewer service to T.D.H.P.T. residence office on IH -45 feeder road at $3.620 from Utility Revenue Fund. Gene Pipes stated that the Texas Department of Highways and Public Transportation requested an utility extension. He stated that this would provide additional development frontage with available water and sewer. CounciLmenber Knotts made the motion to approve the utility extension agreement request in the amount of $3.620. and CounciLmember Robinson seconded the motion. All were in favor and the motion passed unanimously. ' City Manager's Report--Gene Pipe Consider fundim requests for Phase 11. Downtown Building Facade Gene Pipes stated that in the first phase the City participated with the individual property owners on a 50 -50 basis for the cost to do the design work and the consultation between Mr. William and Mr. Haas and the - owner. At this time the amount of requests total $17,000. Staff suggests that the City set a fund with a ceiling of $30,000 for design and consultation work in the downtown area. When this money is expended, then staff will come back with additional requests. Councilmember Carter asked Mr. Pipes where this money is caning from. Mr. Pipes advised that this is part of the City's match of the current Meadows Foundation Grant. Councilmember Carter then asked Linda Pease for an expLanation of the circumstances regarding the awning on the Gibbs Building. He stated that the artist had informed him that the awning was going up in such a way as to detract from or cause problems with the art work that was done there. Ms. Pease stated that she has reported the problem to the architect and artist and they felt that they would rather be in town to make some sort of evaluation as to whether it should be corrected. Linda Pease stated that as in the first phase, the design costs for Mr. Haas were paid for by the City and then we went out for grants for the maquettes and painting. Staff is trying to stay with that plan. Staff clarified that we are not amending the budget, but using fads that are budgeted. From the current year budget (Meadows Foundation Grant match), account 5803 (labeled Maquettes) - 510,000 for design work on Phase II. Councilmember Gaines made the motion to spend up to $31.550 as recommended by the City Manager to start Phase 11 of the Downtown Project, and Councilmember Barrett seconded the motion. All were in favor and the motion passed unani mousLv. Consider a request for application for T.C.A. Grant 'I a) Staff requests authorization to apply for Texas Commission of the Arts Grant, which would be a 75 �j 25 match in which the applicant may receive up to $3,000 in which the Cultural Plan of the Downtown Huntsville I! �I Revitalization project could be used as the match. ij Counci lmember Gaines made the motion to authorize the City to apply for a TCA grant, and Counci Lmember Barrett seconded the motion. All were in favor and the motion passed unanimously. b) Staff requests to spend 8300 for the design of the signs in the downtown area for specific lettering, style, color and size. Councilmember Barrett made the motion to authorize expenditures of 8300 for the design of si na a in the downtown area, and CounciLmenber Knotts seconded the motion. ALL were in favor and the motion passed unanimously. Consider options for Gibbs Park Sewer Line Project Location: 19th Street, one half block west of Gibbs Elementary (Gibbs Park), through the open tract to Town and Country Cleaners and Pizza Hut. Staff stated this sewer line has been a problem for some time and needs to be replaced. The line can be repaired with the insituform process (estimated cost $225,000). The standard construction method of surface excavation and replacement is estimated at 8125,374. Easement costs I' would be additional. ALL easements signed and in hand except for Lots owned by the Russell family. At this time the choices are: (1) 8125,374 to clear and excavation and replace the Line under standard construction methods, plus the cost of the easements; or (2) 8225,000 to do less disturbance of the surface, but repair the j Lim and aLso the additional cost of acquiring the easements. '.' Councilmember Knotts made the motion to go ahead with the standard construction method and obtain and clear easements. and Councilmember Bell seconded the motion. Counci Lmember Barrett felt no vote should be taken until we had an estimate on how much the easements !' would cost. Gene Pipes noted that a proposal would have to be made and vote to condemn and that would be taken up in executive session. Councilmember Bell asked if staff could get working easements and not permanent easements. Gene Pipes responded that you have to have permanent easements where the line is located and would need additional working easements to do the construction job because the line presentLy there would have to rem in in service until it is replaced. Counci Lmemnber Carter said the Russells' told him that if the City will do the construction on their property according to their requirements so that no vegetation or trees are destroyed on their property, they wiLL allow the construction. City Attorney Scott Bounds suggested that this item be discussed in an Executive Session at a later date. Councilmember Green made the motion to table this issue. and Councilmember Lange seconded the motion. Councilmembers Green, Lange, Carter, Robinson and Mayor Hodges voted for the motion and Counci Lmembers Gaines, Knotts and Bell voted against. The motion passed by a vote of 5 -3. [NOTE: Councilmember Barrett was away from his post during this vote.) Staff advised that they had a general idea of the way the Council would wish to go with the construction project and would bring it back to Council at the appropriate time. Consider McDonald Creek Restoration preliminary cost estimates. CITY CAUMC-ft MEET-fWGF _NOVEMBER 42—.4994- _ -_— _86DK_AWu- ' Gene Pipes stated that Glenn IsbeLl had provided some preliminary engineering estimates on the recommended procedure to restore this creek to its natural flow characteristics and provided also some future maintenance caveats that should be considered. To do any work would require some clearing along McDonald Creek. There are some concerns about hauling this amount of material over the newly paved streets in Spring Lake. The staff proposes that the material that is dredged from the creek to restore its original flow be put on the side until it de- waters, and then be placed on the proposed multi- purpose playing field which is in the adjacent property. The other item that is anticipated is the question of burning or chipping the vegetated material that would be removed from the site. This would also require some budgeted maintenance money. This clearing is not expected to Last permanently. There are a number of things that could be done to make it more permanent, such as the recommended Lowering of Spring Lake of approximately 1 1/2 feet, so this part of the creek between Autism and Winter Way would continue to flow rather than be the sedimentary basin for all alluviaL material brought from upstream aLL the way from I11-45. Staff recommends that the City dredge the material that has silted the creek from the west side and deposit it there along the strip by clearing the strip and developing haul roads to a site of about 2 acres so the play area will be established at the conclusion of the project. Staff also recommends that the residents of Spring Lake consider that the lake be Lowered so the maintenance work will not have to be quite as frequent if nothing is done. CounciLmenber BeLL made the motion to foLLow the recomiendat ions of staff. and Councilmember Barrett seconded the motion. CounciLmember Knotts stated the City needed to spend the money on drainage, that this would only alleviate the problem for a short time. Staff agreed that it would reoccur. Councilmember Knotts felt it would be a major problem in getting the property owners to agree to lower the lake. Staff felt that if the lake wasn't Lowered, maintenance would need to be checked annually so that problems could be addressed as they arise instead of escalating to this magnitude. Councilmember Green speculated that if the property association is unmiLLing to Lower the lake, might not they be willing to pay for a permanent solution. Mayor Hodges asked Councilmember BeLL if he felt the civic association would be willing to pay for the annual maintenance fee if the City would correct the problem now. Councilmember Bell responded that it was a possibility. Councilmember Barrett made the motion to table until Counci Lmember BeLL could talk to the Property Association. !. and Counci lmenber Gaines seconded the motion. All were in favor and the motion passed unanimously. Information Item - Timberwilde Water Supply System Timberwilde Water Supply System has an application pending before the Texas Water Ca ission. Scott Bounds explained that the City and Mr. York had agreed that the tract that includes Timberwi Lde Subdivision would be certified, but the tract that is totally within the ETJ of the City would not be certified. AnnuaL Investment Report - Jail Report Gene Pipes stated that the City has a certificate of obligation that is scheduled to be paid off this fiscal year that was used for financing the City portion of the County Jail. The City's 5400,000 share in the jail facility cares for City prisoners. The City's assistance to Walker County to provide an adequate jail 1: facility has been met by prior City Council action. This should serve the City's future requirements for the jail for years in the future. When a peace officer arrests an individual on a felony charge, they automaticaLLy become a county prisoner from the standpoint of their incarceration and adjudication. The City court does not send many individuals to jail due to constitutional limitations. Christmas Parade Float Entry Gene Pipes stated the Lion's Club sponsor an annual Christmas parade. There is no money budgeted at this time, but from past experience $300 - 5500 is an approximate figure for float decoration. After Council discussion, it was agreed that the Mayor and Council would ride in the parade as V.I.P.'s as they have done in past years, instead of entering a float. Mayor's Activity Report- -W. H. Hodges ' School Bus Accident On November 6, 1991, there was a school bus accident on FM 980 and Tracy Road. There were a number of children that were hurt or shaken up badly. Mayor Hodges commended the EMS personnel for their fine service to the children. Mayor Hodges also stated older children on the bus were helpful, many citizens stopped to aid the children, and we should be very proud of our community. Charter Review Committee Mayor Hodges thanked Charles Davis, Dan Davis and Robert McCann for serving on the Charter Review � Committee. COUNCILMEMBER ACTION Personnel Committee Meeting Councilmember Barrett stated that due to the Lateness of the Council meeting, the Personnel Committee meeting was postponed. Troop 104 scouts i Council thanked Troop 104 for caning to the Council meeting and observing. ADJOURNMENT i r