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MIN CC 12/10/1991CITY COUNCIL MEETING OF DECEMBER 10, 1991 BOOK "O" 533 -', MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 10TH DAY OF DECEMBER, 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 Ila G. Gaines Ronald L. Lange Scott Bounds, City Attorney James L. Carter 0. Eugene Barrett Danna Welter, City Secretary Charles Robinson FORMAL MEETING CONVENED Mayor Hodges called the meeting to order at 5:15 P.M. ATTENDING CITIZEN j Ron Edwards: Mr. Edwards said that the scoreboard planned at Kate Barr Ross BasebaLL Complex was engineered by Advertising Displays, Inc., and is similar to one installed at the University of Alabama. Mr. Edwards requested approvaL of the sponsors and ad copy of the scoreboard. Mayor Hodges asked how many years the advertisers' names would remain on the scoreboard. Mr. Cochran, of Advertising Displays, Inc., stated the advertiser's were on a ten year contract. After ten years the scoreboard becomes the property of the City of Huntsville and the City wouLd have the right to remove or replace the advertising panels. CONSIDER MINUTES OF NOVEMBER 26, 1991 Counci Lmember Barrett made the motion to approve the minutes of November 5, and 12. 1991, and Councilmember Gaines seconded the motion. ALL were in favor and the motion passed unanimously. REVIEW THE CULTURAL PLANNING PROJECT WORKPLAN ' Councitmember Carter requested that the CounciL as a whole be involved in the cultural plan project. Ms. Anisman responded that there are several places in the workplan that specifically include City Council and -'. the Mayor. Every draft of the cultural plan wilt require Co nciL participation. She stated there will also be a focus group with the government Leaders. CONSIDER ORDINANCE NO- 91 -12 -10.1 Consider Ordinance No. 91 -12 -10.1 amending Chapter 2. Administration, of the Code of Ordinances to adopt a new Article VII. Ethics. Councilmember Carter requested that the preamble beginning with "Whereas" and ending with "Now, therefore," be deleted. The ordinance wiLL begin with, "Be it ordained . ' Counci Lmember Lange made the motion to approve the ordinance with the above changes. and Councitmember BeIL seconded the motion. Councilmember Green asked at what point or percentage of ownership would a conflict of interest begin. Mr. Bounds stated that this ordinance does not replace the state conflicts of interest statute, any counci Lmember who has what is defined under state law as a substantial financial interest in a matter pending before the council will have to file an affidavit describing that interest. Once that affidavit is filed, Council will determine whether or not the ownership interest is such that it prohibits City action. The ordinance establishes a rule that the City will not purchase goods, property or services from elected officials. Councilmember Green stated he felt this ordinance made no sense because he City would go to state law to begin to define conflicts of interest and then Council would then decide whether to be more or Less restrictive. He felt this should not pass and Councit should conform to state Law. Mr. Bounds stated that state law addresses the discLosure of the interest and prohibits the Councitmember with a substantial interest from participating in the decision, it does not prohibit the actual purchase. Councitmember Bell stated that he feels if Council is more restrictive than state law it would be better. Councilmenber Green stated that the ordinance should ' not be passed because it will cause problems and confusion, and there is a state law that is adequate to address the issue. Mayor Hodges called for a vote. COunciLmembers Lange, Barrett. Knotts. Gaines, Robinson. Carter, Bell and Mayor Hodges voted for the ordinance, and Councitmember Green voted against. The motion passed 0 -1. CITY COUNCIL MEETING OF DECEMBER 10, 1991 BOOK "O" 534 CONSIDER ORDINANCE NO- 91 -12 -10.2 ' Consider Ordinance No. 91 -12 -10.2 amending Chapter 16. Taxicabs. of the Code of Ordinances as discussed. Mayor Hodges suggested that the ordinance be tabled due to a pending legal lawsuit. Mr. Pipes stated that a suit was filed in federal court regarding transportation around the Walls. He recommended that Council table this ordinance at the present time pending further review. Mr. Bounds stated that the City received today a copy of the lawsuit filed November 22, 1991, by a Mr. Brent Justice, Transco, versus the Texas Department of Corrections, Greyhound, Trailways, University Surplus and the City of Huntsville. Councilmember Barrett made the motion to table Ordinance No. 91 -12 -10.2 and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION NO. 91- 12 -10 -1 Consider Resolution No. 91 -12 -10.1 appointing Ms. Danny Welter as Acting City Secretary for an interim period. Councilmember Barrett made the motion to approve Resolution No. 91.12 -10.1. and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Councilmember Barrett stated that this was a temporary appointment, and action was being taken to fill the vacancy. CONSIDER ORDINANCE NO- 91 -12 -10.3 Consider Ordinance No. 91 -12 -10.3 authorizing updated service credits under the act governing the Texas Municipal Retirement System subject to recommendation of the Finance Committee. Mr. Pipes stated the Finance Committee reviewed this ordinance and requested additional information, and recommended that the ordinance be tabled at this time. Councilmember Green made the motion to table Ordinance No. 91 -12 -10.3- and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PROPOSAL TO REFUND THE 1983 REVENUE BONDS Consider a Proposal to refund the 1983 Revenue Bonds subiect to recommendation of the City Financial Advisor, Mr. Rennie Baker and the Finance Committee. Mr. Pipes stated this proposal concerns the reissuance of the 1983 revenue bonds. This item has been reviewed by the City's financial advisor, Mr. Baker, and by the Finance Committee. Mr. Baker advises that the City should reissue. City staff will report back to Council in January. CONSIDER PROJECT 89 -06 -04 Consider bids on Proiect 89 -06 -04.4. Highwav 75 North Drainage Proiect to Autery Construction in the amount of 835,730.75 with $26.500 derived from budgeted funds and $9,230.75 from capital drainage funds. Councilmember Knotts made the motion to approve the bid to Autery Construction in the amount of $35,730.75, and Councilmember Gaines seconded the motion. [ Councilmember Barrett removed himself from the vote due to property owned on Highway 75 North.] All were in favor and the motion passed unanimously. CONSIDER BIDS FOR LONG DISTANCE TELEPHONE SERVICE Consider bids for Long distance telephone service to Cambridge Communications as recommended by staff. Mr. Pipes recommended that Cambridge Communication be awarded the bid long distance telephone service for a three year period beginning immediately. CounciLmember Gaines made the motion to approve the bid to Cambridge Communications for long distance telephone service, and Councilmember Robinson seconded the motion. ALL were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF DECEMBER 10, 1991 BOOK "D" CONSIDER BIDS FOR POLICE CARS Consider bids for Police cars to Moore -Henry Motors in the amount of $61,750 as budgeted. 535 Councilmember Bell made the motion to approve the bid to Moore -Henry Motors in the amount of 861.750, and Councilmember Knotts seconded the motion. All were in favor and the nation passed unanimously. Councilmember Carter asked if a review had been done on the vehicles in the police fleet on the needs for full package police vehicles. Chief Eckhardt stated that these vehicles will be used as patrol vehicles. If investigator cars are replaced, police packages would not be requested. Chief Eckhardt stated that the size of car stated on the bid included the small Ford Taurus and Chevrolet Lumina or up. Ford bid the full size vehicle and was low bidder. CONSIDER ORDINANCE NO. 91 -12 -10.4 Consider bids for a dump truck and certificate of obligation, award of bid, Ordinance No. 91 -12 -10.4 to Barrett '.I Motor Company in the amount of $34.598 as planned. Councilmember Knotts made the motion to award the bid to Barrett Motor Company in the amount of 834,598, and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. SPECIAL GUESTS Councilmember Bell stated a group of boy scouts were present tonight working on a communications merit badge. The boy scouts present were Travis Tatum, Loren Bell, J. G. Hammonds, Jason Gi lden and Marcus Teske from '. Troop 114. MCDONALD CREEK DRAINAGE Consider the McDonald Creek Drainage Proiect Counci Lmember Bell stated he had met with a group of Spring Lake residents about the cleanup of McDonald '- Creek. The Spring Lake residents are not interested in seeing the level of the Lake lowered. The residents feel it is inappropriate for them to take on special assessment to keep McDonald Creek open since this is City <, property and runs through a City park they feel it is a City responsibility. The residents also expressed some reservations about major heavy machinery work in the area; they request the City try to clean up the creek, pulling up the dead fall and logs and brush that have accumulated in the creek. They asked that City crews go in with chain saws and light equipment and do minimal scooping out and scraping, but nothing as substantial as a drag line that is being proposed. Mayor Hodges requested that staff work on a proposal and come back to Council at a later date. CITY MANAGER'S REPORT Consider the options for reconstruction of the 22nd Street drainage and travel surface. Mr. Pipes stated the City is in the final phase of the waterline rehabilitation on 22nd Street and are in the planning process for the resurfacing. Due to the three dips on 22nd Street, staff is seeking Council's recommendation on the installation of inlet boxes for drainage to pipe the water to an appropriate relief spot. These inlet boxes are not budgeted and total $204,600 for Robinson way, Avenue P, 23rd Street, Avenue N 1/2. Mayor Hodges asked the source of funds if Council decided on the inlet boxes. Staff responded the money could be taken from the street bond issue or capital reserve drainage and street bond issue. CounciLmember Green stated that given the limited number of east -west corridors in the City, measures should be taken to improve the traffic flow. He also suggested that the corner of Avenue 0 and 22nd Street be re-signed as part of overall project. Avenue 0 is the thru street and 22nd Street has the stop sign. Councilmember Knotts stated that the stop sign on 22nd at Avenue 0 slowed traffic down. He stated that if the dips were removed, more stops signs should be placed on 22nd Street to further keep the speed limit down. Councilmember Bell agreed with Councilmember Green about enhancing the east -west movement through the City. Councilmember Carter stated he is opposed to improving the transportation flow along 22nd Street; it is a residential neighborhood and could possibly destroy the character of the neighborhood. Mayor Hodges stated he had talked to some residents in the neighborhood and they would like to see the road smoothed out. Councilmember Knotts, who lives in this neighborhood agreed with Mayor Hodges. Councilmember Knotts expressed reservation about the inlet box on Robinson way. He Lives in the area and feels there is not a drainage problem there. Staff stated that the Robinson way section could be deleted without affecting the remainder of the project. CITY COUNCIL MEETING OF DECEMBER 10, 1991 BOOK "0" 536 '� Mayor Hodges stated this is the first time to see this and it would be brought back at future date to i be voted on. He suggested Councilmembers with questions on the project refer to Mr. Pipes and Mr. Isbell. ' Preliminary Agenda Mr. Pipes stated the Council photograph session was moved to 5:00 p.m. rather than following the meeting as previously rated. Mr. Pipes also stated at 6:30 a.m. on December 18, Council would be serving breakfast to !, City employees at the Service Center. !� MAYOR'S ACTIVITY REPORT I I ji Consider appointments to the Huntsville 2020 Cultural Planning Council as listed. I 'I Councilmember Barrett made the nation to approve the appointments to the Huntsville 2020 Cultural Planning Council, and CounciLmember Green seconded the motion. Councilmember Carter made the motion to add three names to the list: Jim Balzaretti. Sue Russell. and Patrick. Richards. Councilmember Knotts seconded the motion. ,; Ms. Anisman stated that there is a tremendous time commitment involved in this council_ The citizens on the ',, list have already been contact and have willingly agreed to commit to the heavy responsibilities of time and i' commitment and lack of conflict of interest. i I� A vote was taken and the amended motion adding the three additional appointees passed 5 -4. j Consider appointment of Eldaa Avalos to the unexpired term of Sally Lopez - Huntsville Public Library Board. Councilmember Bell made the motion to approve the appointment of Eldaa Avalos to the Huntsville Public Library Board, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. ' 6 COUNCILMEMBER ACTION Stop Sign On 18th Street Councilmember Carter requested the possibility of a four way stop sign at 18th Street behind the Church. 911 Calls Councilmember Robinson asked Chief Eckhardt what happens when someone calls in on 911 that does not speak English; is there a member of staff that is bilingual, or how is this handled? Chief Eckhardt responded jl that the City does not have a bilingual person on staff, the City has sent officers to a Law enforcement seminar on spanish. If there is no one able to understand the caller, the other police agencies (UPD, Sheriff's Office, �. and DPS) are called to help with the translation. To date there has not been a call that Officers have not been able to respond to due to a language barrier. Chief Eckhardt stated that qualified bilingual applicants are '.. in demand. Lighting Bids on Ross Park - Councilmember Knotts stated he had talked to the local bidder that was not low bid on the lighting. .: The bidder felt the specifications were written around one supplier (one light fixture). Councilmenber Knotts would like an inquiry into the bid process. Mayor Hodges asked Councilmenber Knotts to talk with staff on this process. January Schedule January 7 Council Meeting January 14 Councilmember Barrett - Retirement Reception January 21 Council Meeting - Canvass Votes ADJOURNMENT "�:. o�'�`