MIN CC 07/11/19891
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989
BOOK np"
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 11TH DAY OF JULY,
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER,
419
1989 IN THE CITY HALL COUNCIL
TEXAS AT 6:45 P.M.
The Council met in a regular session with the following members present:
Jane Monday, Mayor 0. Eugene Barrett City officers present:
Gary Bell James L. Carter Gene Pipes, City Manager
Ila G. Gaines William B. Green Scott Bounds, City Attorney
William L. Hammock Percy Howard, Jr. Absent: Ruth DeShaw, City Secretary
William H. Knotts, Jr.
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CITIZEN INPUT /INQUIRY SESSION
Dr.- Elizabeth Delaney, representing the Woodlands Neighborhood Association, to discuss the City's "Tree)
Policy." as amended
Ms. Delaney noted it is their understanding that the Council will be considering the adoption of
the tree policy tonight. She said the neighborhood would like for the Council to be very judicious, prudent)
and cautious in adopting anything at this time. She said they feel it is appropriate, since they brought
the request to the Council to amend the policy, that they have the opportunity to provide some informal
input to the Council before it acts upon it. She noted this is their main consideration.
Upon determining there was no one else present for citizen input or inquiry, Mayor Monday them
closed this session.
FORMAL MEETING
Mayor Monday called the formal meeting to order. Councilmember and Mayor Pro Tem Percy Howard, Jr.
presented the invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Councilmember Barrett made the motion to approve of the minutes of June 27. 1989 and Councilmemberl
Howard seconded the motion All were in favor and the motion passed unanimously.
OPEN PUBLIC HEARING
Open a public hearing for comments concerning the proposed rate increase for Gulf States Utilities Company
customers.
Mayor Monday opened the public hearing. There being no one present to speak, the Mayor then closed
the public hearing without receiving comments.
CONSIDER ORDINANCE
Consider Ordinance No 89 -14 denying the rate increase requested by GSU
Mayor Monday then presented this ordinance, the caption of which is as follows:
ORDINANCE NO. 89-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REJECTING
THE REQUEST OF GULF STATES UTILITIES FOR AN INCREASE IN ELECTRIC RATES, AND
MAKING OTHER PROVISIONS RELATED HERETO.
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 420
Mr. Gene Pipes, City Manager, advised approximately 90 days ago, the company made a rate increase
request. The City Council then took action to postpone any action for 90 days under the provisions of the
city's rules. He said the city has been associated with a group of cities of original jurisdiction in
Southeast Texas served by GSU. He said GSU also filed with each of those cities and the Public Utility
Commission for the unincorporated areas at that same time. He said the PUC took action delaying the
consideration for 120 days. He said the city's action tonight is predicated upon the admission of the
confusion of the law in Austin as to exactly what GSU is eligible to use or factor into their rate increase
requested previously. He said a major portion of that rate increase was an inventory of the remaining
portion, $1.4 billion, of the River Bend Nuclear Plant that was left out of the last rate case. He said the
Travis County District Court's subsequent appeal has indicated that the Commission inappropriately allowed a
second attempt to justify those costs and the Company will not be allowed to pursue that. So, he said, with
this case on appeal, and confusion in an explanatory way being the current status of the situation, it would
be inappropriate for the Council to approve a rate increase with the River Bend cost factored into it. Mr.
Pipes said the ordinance, as written, based on the fact of the River Bend Nuclear Project cost being a part
of that rate case, is being recommended for denial. He said the city does understand and expect the Company
to appeal this to the Public Utility Commission, which has presiding jurisdiction over the cities in
Southeast Texas and they will proceed from there. Councilmember Howard made the motion to adopt this
Ordinance No. 89 -14 denying the GSU rate increase and Councilmember Knotts seconded the motion All were in
favor and the motion passed unanimously.
CONSIDER CONTRACT
Consider an engineering services contract with Wisenbaker, Fix & Associates to design a "S C A D A " system
for the Utilities Department in the amount of $30.500, as budgeted
Mr. Pipes, City Manager, advised a "Supervisory Control and Data Acquisition System" for the Utility
Division was considered and approved in this year's budget for the purpose of being able to monitor, by
remote access, a number of the wells, valves, and critical points in the city's utility system. He said the
first step in starting this program is to approve $125,000 in seed money to begin the design and
installation of the system. He said this initial process will be by retaining the services of Wisenbaker,
Fix & Associates of Tyler, Texas, in the amount of $30,500. He said this firm has designed and supervised
the installation of a major portion of the city's overall utility system over the years and their work has
been extremely satisfactory. He then recommended the engineering services contract in the amount of $30,500
for the Council's consideration. Councilmember Knotts made the motion to approve of this contract and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER AUDITOR
Consider a recommendation by the Audit Committee of the City Council to retain professional services of an
outside auditor for the FY 88 -89 financial report - -Dr. Bill Green Chairman
Councilmember Green advised the Audit Committee consisted of Councilmembers Ila Gaines, Bill Knotts
and Jim Carter, which met several times to interview prospective auditors for the City. He said all of the
companies interviewed made good proposals. He said the Audit Committee decided to stay with a local firm.
He said they received a good price and bid proposals from two local firms. Councilmember Green stated, on
behalf of the Council's Audit Committee, it is their recommendation that the Council approve a three year
contract with Candy Dixon at the rate of $12,800 per Year, subject to renewal upon the second and third
ear. Councilmember Green then made this in the form of a motion and Councilmember Knotts seconded the
motion.
Discussion: Councilmember Bell noted when he served on the Audit Committee, there was a great deal
of discussion about hiring one of the big ten accounting firms just to see how the national companies'
procedures are applied to our financial information. He asked the Committee if it gave any thought to that
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MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 421
this year. He asked if perhaps at some point, the city should hire one of these larger companies for this
analysis. Councilmember Green said the Committee did discuss comparable data for purposes of doing some
analytical work. He said all of the companies the committee interviewed effectively said that is really not
an audit function, but more of a management study. He said they said there would be a lot of problems
making the data comparable even for the purposes of doing any kind of financial work because there are so
many ambiguities with regard to how different cities actually record data. He said the Committee came to
the conclusion that this was really not something it could easily incorporate into the audit function, after
discussing essentially this same question with both national and local firms. He said there are data
published which give averages for cities that any accountant or the city staff can pull together for
research purposes to make comparisons, but comparisons are often very difficult to make because there is no
way to standardize the data easily.
Councilmember Barrett asked if the bid from Ms. Dixon was the low bid. Councilmember Green said it
was not the low bid (see Council Action), but the Committee felt it was appropriate that the city change,
noting the city has used the other firm that made a proposal for the last three years and it thought it
might be good to simply have a different viewpoint; noting the dollar difference was not significant (within
100's of dollars). Mayor Monday noted then she assumes the committee discussed the many financial reporting
awards that we have received and that we would expect that same caliber of work from the new firm.
Councilmember Green noted there was a lot of discussion about that. Upon a vote on this motion, all were in
favor and the motion Passed unanimously to hire the firm of Candy Dixon at the rate of $12,800 per year for
a three Year Period. renewable annually.
CONSIDER CITY'S RETIREMENT PROGRAM RECOMMENDATION
Consider recommendations by the Retirement Committee of the City Council Dr. Bill Green and Dr. Gary Bell
Co-chairs. as follows:
a) consider Ordinance No. 89 -15 giving notice and terminating the city's current retirement program:
b) consider Ordinance No 89 -16 Providing for the participation in the Texas Municipal Retirement System
c) consider Ordinance No. 89 -17 allowing certain employees to receive special credit for Portions of
individual military service.
Councilmember Green advised his co- chair, Councilmember Bell, and the other members of the Retirement
Committee, Councilmembers Hammock, Gaines, and Mayor Monday, met to review the proposals that had already
been reviewed by the city employee committee as well as the retirement consultant hired by the city, and
feel that both plans would meet the city's objectives. He said the Council Retirement Committee perceived
the objectives to be:
1. to insure the employees of Huntsville set aside enough income to insure financial security in their
retirement years;
2. to not put an unreasonable cost burden on the City of Huntsville and take away funds that could be used
for wages or other employee benefits or diverting funds necessary to meet other objectives of the city;
and
3. to provide for human resource needs of the city to assure retention of valued employees and to attract
new employees.
Councilmember Green said with regard to the plans they reviewed, the committee found the earnings factors to
be very comparable. He said there were several philosophical differences in the plans, particularly with
regard to years of vesting and prior years' credit. He said it was the consensus of the committee that the
TMRS plan best met the stated objectives of the city. Councilmember Green then made the motion to adopt
Ordinance No. 89-15 authorizing the city to terminate the existing 401K Plan with Kansas City Life
effective August 15. 1989. (the caption of which is as follows), and to adopt Ordinance No. 89 -16
authorizing the TMRS Plan to become effective October 1 1989 (the caption of which appears below).
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 422
ORDINANCE NO. 89 -15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, TERMINATING ITS CURRENT
RETIREMENT PROGRAM; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO
Councilmember Green said with the termination of the 401K plan, Kansas City Life, employees of the city will
immediately become vested on the 100 percent level, regardless of when they became employed with the city.
Likewise, with the adoption of the TMRS plan, all employees will be given prior years' credit for whatever
time they have worked for the city. Accordingly, he said, employees will, in fact, be double-funded for
prior years of work. He said the Council Committee felt this could be justified only if there was no
additional cost to the city. He said to avoid additional costs, it is recommended that after terminating
the existing contract with Kansas City Life on August 15, that the City not adopt the TMRS plan until
October 1. He said because of this four pay period lag, the city will save about $40,000, which will offset
the increased cost of the TMRS plan during the first two years. He said after the first two years, it is
anticipated that the city contribution rate to the TMRS plan will fall with the resulting no cost increase.
He said to insure that the employee /city maintains the current 15 percent contribution rate to the
retirement plan, the committee recommends that the employee contribution rate be increased to 6 percent, but
in "before -tax" dollars; since the employee's current 5 percent contribution rate is in "after -tax" dollars,
the take home pay of the employees should change little, if any. Furthermore, he noted, the committee
recommends that the city contribution rate be decreased to 9 percent, which would be a one and one -half to
one from the current 10 percent, two for one ratio. He said the city's decrease in its contribution rate is
justified since the city must fund the prior years service credit for all employees. He said should the
contribution rate necessary to fund the retirement plan decrease in the future, as has been the experience
of other cities, a future council could then decide to increase the city's contribution rate.
Mayor Monday noted there is a motion by Councilmember Green on the floor to adopt Ordinance No 89 -15
to give notice and terminate the city's current retirement program with Kansas City Life effective August
15, 1989. Councilmember Carter seconded the motion.
Discussion: Councilmember Knotts said he will be voting against all three of these ordinances, because he
feels this is "the tail wagging the dog" and he is not comfortable with the procedure the council used in
doing this. He feels by the time the Council was called into the matter, it served only in a "damage
control situation.H He said he would have been much happier if the Council had been involved in it at the
beginning. He said the Council's fiduciary responsibility was probably to hire a new administrator when
Kansas City dropped theirs. He said he would be much happier with it had it been handled differently and
this is the only reason he will be voting against these ordinances.
All were in favor of Ordinance No. 89-15. "except Councilmember Knotts " and the motion passed by a vote of
8 to 1.
(Consider Ordinance No 89 -16 providing for the participation in the Texas Municipal Retirement System
Mayor Monday then presented again the motion of Councilmember Green to adopt Ordinance No 89 -16
authorizing participation in TMRS, to be effective October 1 1989 the caption of which is as follows:
ORDINANCE NO. 89-16
AN ORDINANCE PROVIDING FOR THE PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM AND THE SUPPLEMENTAL DEATH BENEFITS FUND BY THE CITY OF HUNTSVILLE, TEXAS
Councilmember Barrett seconded the motion. All were in favor, "except Councilmember Knotts " and the motion
passed by a vote of 8 to 1.
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 423
Mayor Monday then Presented Ordinance No. 89 -17 allowing certain employees to receive special credit'
for portions of individual military service, the caption of which is as follows:
ORDINANCE NO. 89-17
AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER
PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE
UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN
FORCES, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS
MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND
PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF
SUCH SERVICE CREDIT.
Councilmember Howard made the motion to adopt Ordinance No 89 -17 and Councilmember Barrett seconded the
motion. All were in favor of the motion to approve Ordinance No 89 -17 "except Councilmember Knotts " and
the motion passed by a vote of 8 to 1.
CONSIDER CHANGE ORDERS
The City Manager presented these two change orders, as follows:
Consider Proiect 89- 05 -02. sidewalks and concrete work to Triton Construction Company in the amount of
$1.622.06.
Mr. Gene Pipes, City Manager, advised that after the city awarded the bid to Triton Construction
Company, the city identified some additional work as described in this change order, as follows: 1)
to replace curb and gutter for 162 linear feet on Sycamore and Bearkat Boulevard (bid was $8.79 per
l.f.); 2) to remove and replace curb and gutter for 8 linear feet on Avenue H at 16th Street (bid was
$12.71 per l.f.); and 3) to remove and replace sidewalk for 40 ft2 on 20th Street at Avenue J (bid is
$2.41 per ft2. Mr. Pipes said heretofore, the city had blanket authority for change orders lower than
the minimum budget amount that Council had previously approved and within the range permitted by the
state statutes, but because of some recent action by the Legislature, it is not certain exactly what
those criteria are at the present time, so the staff is being very careful to bring each of these
change orders to the Council until clarification can be obtained.
Consider Proiect 88-10 -07 and 08 Emergency Generators for the Spring Creek Water Plant and the City
Service Center. to McCaffety Electric, in the amount of $4,876
Mr. Pipes said this change order will create a separate disconnect panel with separate wiring as
required under the National Electrical Code.
Mayor Monday asked for approval of both of these change orders, as outlined above. Councilmember Knotts
made the motion to approve of these two change orders and Councilmember Barrett seconded the motion All
were in favor and the motion passed unanimously.
CONSIDER RELOCATION COSTS OF UTILITY POLES
Consider the relocation costs of two utility poles between 7th Street and 8th Streets at University Avenue
(Mane Park Junior High) in the amount of $2.950. to be paid from capital utility construction funds
Mr. Pipes, City Manager, presented a memorandum from Mr. Glenn Isbell, Director of Engineering Design,
which advised that in order to widen University Avenue between 7th and 8th Streets, the utility poles at
each corner will need to be relocated. The memo further advised that after talking with both GSU and
Southwestern Bell Telephone Company representatives, it was learned the facilities on the poles are private
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 424
and belong to HISD. Mr. Isbell noted in his memo that Mr. Norman Koger of HISD stated HISD would relocate
the canopy as had been discussed, but did not have money budgeted to relocate the poles. Mr. Isbell advised
he has contacted Finway, Inc., a private contractor recommended by GSU, and obtained a cost estimate of
$2,950 to relocate the two poles. If acceptable with the Council, Mr. Isbell said he would recommend the
city absorb the additional cost to relocate the poles. Mr. Gene Pipes noted the Council may remember the
previous discussions on this project. He then recommended the suggestion made by Mr. Isbell in his
memorandum. He advised these funds would come out of the unallocated reserve for capital projects
construction funds. Councilmember Howard made the motion to approve of this relocation cost and
Councilmember Knotts seconded the motion. All were in favor and the motion Passed unanimously.
CONSIDER BIDS
Consider bid No. 89 -28 for a 6 inch trash Pero for the Sanitation Division to Stewart and Stevenson in the
amount of $6.498
Mr. Gene Pipes, City Manager, advised three responses were received of the eight bids mailed out. He
said this is the low bid meeting specifications, noting one other bidder did not meet specifications and the
third bidder responding did not submit a bid. He said the trash pump is needed at the landfill because of
the amount of water collecting in the trenches. He said this is a large capacity pump and has a special
ability to handle the debris that may be floating in the water which will not hang up the pump mechanism.
He said this trash pump is a specialty item, Stewart and Stevenson has been a very reliable supplier for
some time, and the price is a very reasonable. He then recommended approval of this bid. Councilmember
Barrett made the motion to approve of this bid and Councilmember Howard seconded the motion Discussion:
Councilmember Bell asked in what way the lower bidder, Texas Master Pump ($1,725.00), did not meet
specifications. Patricia Allen, Director of Finance, noted this bidder presented an incomplete bid and did
not bid on the whole and complete unit (i.e., bid on hoses only and not the pump). All were in favor and
the motion Passed unanimously.
Consider Bid No. 89 -30 for three standard commercial storage tank suction fuel Pumps (regular, unleaded and
diesel) for the Service Center
Mr. Gene Pipes. City Manager, advised the Purchasing Agent received one bid for the commercial suction
fuel pumps on June 27 out of a possible nine bids mailed out. He advised the Purchasing Agent called the
Local vendors to inquire about their bids, and three of the four local vendors said they were not equipped
to install these pumps. He noted two of these vendors recommended Trinity Equipment Company, which was the
only bid received. As of June 28, 1989, Mr. Pipes advised, the Purchasing Agent received two more bids; one
postmarked prior to the bid opening date and the other airmailed 24 hours prior to the bid opening date. He
said it was noted during this time period, this and surrounding areas received a tremendous amount of rain
which may have contributed to the other two bids being received late, as the airport was inundated with rain
and the express mail service deliveries had been seriously delayed. The Purchasing Agent has asked the City
Attorney for a ruling on whether or not to open the bids or to re -bid the pumps. The City Attorney advised
some of the other bidders also indicated they had sent in bids, but they had not yet been received by he
City. Mr. Pipes felt it is appropriate and legitimate that the delay of those bids was justified. He said
the City chose not to open any of the three leaving it to the Council's discretion as to whether it wants to
reject and rebid the whole project, or accept and open the three bids received here tonight and award the
bid, subject to any evaluation that may be necessary. He said because of the unique weather conditions and
extenuating circumstances at that time, it is obvious from the cancellations and postmarks, etc. that the
items were mailed on a timely fashion but simply did not get here by the bid opening. He said this is
entirely the Council's discretion as to whether to accept the bids and open them; or to reject them unopened
and rebid.
Councilmember Knotts asked if the City Manager spoke with anyone from Trinity Equipment Company to see
if they would object to rebidding. Councitmember Green noted it is not a matter of whether or not they
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MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 425
object. Councilmember Green then made the motion to open all of the bids and make a decision as to whether
it wants to accept any of them. Councilmember Bell seconded the motion. All were in favor and the motion
passed unanimously. The staff then opened the bids for three standard commercial storage tank suction fuel
pumps, as follows:
Trinity Equipment Company, Trinity, Texas . . . . . . . . . . . . . . $4,750.00
High Tech Petroleum Marketing Equipment, Houston, Texas
New pumps . . . . . . . . . . . . . . . . . . . . . . . . . $5,681.25
Rebuilt pumps . . . . . . . . . . . . . . . . . . . . . . . $4,060.00
A-1 Pump, Inc., College Station, Texas . . . . . . . . . . . . . . . $4,800.00
Mayor Monday then asked for a motion. Councilmember Gaines made a motion to accept the low bid of
Trinity Equipment Company of Trinity. Texas in the amount of S4,750.00, contingent upon a further evaluation
of the bids received to insure the low bid meets specifications, and Councilmember Knotts seconded the
motion All were in favor and the motion passed unanimously. Mr. Scott Bounds, City Attorney, noted part
of the evaluation process will be whether the bid for "rebuilt pumps" will be considered as meeting
specifications. This review will be brought back to the Council next week in order for the Council to
affirm or change their action of this evening.
Consider bid No 89-31 for electrical panels (with copper lugs and busses) for the ballpark inputs, to
Wholesale Electric Supply Company in the amount of $5,525.
Mr. Gene Pipes, City Manager, advised these electrical panels need to be replaced and one of the
considerations is the timing, noting tournaments are still ongoing. He said if the work is initiated now,
it could be completed before the second season begins at Ross Park. He said of the three bids received,
Wholesale Electric Supply Company had the low bid at $5,525 and he recommended its approval. Councilmember
Carter made the motion to approve of this low bid as stated above and Councilmember Howard seconded the
motion.
Discussion: Councilmember Bell asked that the Council consider here its procedure on reviewing these
bids. He asked if it might be appropriate for the Council to be made aware of the reasons why the bids did
not meet specifications. He noted in this example, one of the other bidders is some $2,000 less but did not
meet specifications. He asked if the city could work with the low bidder not meeting specifications,
Builders Electric, noting he is voting on price alone. He asked, for instance, are they using aluminum
instead of copper lugs? Mr. Pipes said the staff has the bid documents and can have them available in the
future to explain the differences. He said those items not meeting specifications generally are excluded.
He said the staff will be happy to provide their analysis of the bids as to why they do not meet
specifications in the future, as the technique to evaluate them is generally very straight forward. Mayor
Monday noted the procedure is that once the bids are taken, they must be accepted or rejected and the city
does not have the latitude to work with the low bidder to make his bid meet the criteria. Mr. Pipes said
the bidder must check the block which states whether or not the product he is bidding meets the
specifications. He said if they check "do not meet specifications," they virtually eliminate themselves
from consideration. He said if they don't meet specifications and preclear that bid, they are eliminated.
Councilmember Bell noted he understands sometimes the specifications for various government entities are
relatively minor (color of paint, etc.) After some discussion by City Manager, Gene Pipes concerning how
bids are evaluated Councilmember Bell asked if we might note on future bids presented to the Council, why
the bids did not meet specifications so that the Council might get some feel for where the problem might
lie and whether or not we might have to re-evaluate our specifications Mr. Pipes noted the staff will be
happy to do this Upon a vote of the motion on the floor, all were in favor and the motion passed
unanimously.
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 426
Consider Bid No 89-32 for a container hoist for the Sanitation Division to G & H Mfg., in the amount of
$9,896.
Mr. Pipes presented this single bid for a new and unused container hoist which is a device to get the
container back and forth for repair. He said the other bidder, Eager Beaver Co., sent in a "no bid," but he
did not know the reason why they did not bid. He said there were a total of eight bids mailed out, however,
he was unaware as to why the other bidders did not submit a bid. Mayor Monday noted the funds allocated for
this item total $11,000, so the amount received is well within the budgeted funds. Councilmember Knotts
made the motion to approve of this bid to G & H Manufacturing Company in the amount of $9,896.00 for a new
and unused container hoist and Councilmember Howard seconded the motion. All were in favor and the motion
passed unanimously.
CONSIDER ORDINANCE
Consider Ordinance No 89 -18 for claim and delivery of a certificate of obligation for a street
sweeper Sanitation Division --at an interest rate of $6.90 percent as bid by Robert B. Gross
Mr. Pipes, City Manager, presented this ordinance, the caption of which is as follows:
ORDINANCE NO. 89 -18
AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATE OF OBLIGATION;
AND CONTAINING OTHER PROVISIONS RELATED HERETO ESTREET SWEEPER; FOUR YEARS;
$74,720.001
Mr. Pipes advised there were five bidders on this particular certificate of obligation, from 6.9 percent up
to 10 percent. Councilmember Howard made the motion to adopt Ordinance No. 89 -18 and Councilmember Knotts
seconded the motion. All were in favor and the motion passed unanimously.
CITY MANAGER'S REPORT --GENE PIPES
Consider reports and recommendations from the City's consultant arborist, Mr. Mark Erb, and evolve
modifications to City's utility construction-tree policy, as indicated
Mr. Pipes said for the last four months, the city staff has been in the process of trying to anticipate
and hopefully respond to concerns expressed, input and inquiry about the city's capital construction
projects and the impact they would have on trees in various neighborhoods all over town. He said the city
has tried to be very open and responsive to all of the inquiries and has hired a consulting arborist and an
archeologist to help the city gather the necessary information to be able to respond and provide the
information to the Council for its deliberation and consideration. He said the city has a policy at the
present time and he has had very clear indication that the Council felt that policy might need to be
amended. He said the staff has been gathering this information for the Council's consideration. He said
the presentation tonight will involve three parts:
1. a review of the elements on which the current policy is based- -elements of understanding or position of
what constitutes the city's current practice; and
2. a review of the data presented by the arborist, the correlated information and a video tape.
He said we can go step by step down the route as the arborist has done with the written information in
the packet so that the Council can review the information and get a feel for exactly what is out there
on the ground in this particular test area. He underscored again that this was a test area project
and was not intended to be all encompassing. He said the city also recognizes that any scientific
evaluation that does not include a large test area has built in fallacies. He said he feels it is
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MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P° 427
fairly consistent with the areas that the city has remaining in its project work and he will leave that
evaluation also to the Council's consideration as to whether or not this is a suitable information
base; and
3. the presentation involves some questions that have evolved over the last several weeks and continue to
be a basis for any change or potential change in policy that the Council may be considering.
Mr. Pipes reviewed the foundation elements of the current policy, noting the statements, on face value,
are logical and appropriate. He said he does not mean to read them for the Council because they are there
for their consideration. He said some of them are painfully oversimplified but it helps to have a good
understanding from where the city has to evolve these things in order to be able to take a positive step.
forward. He said he hopes they are received in the spirit in which they are offered.
Mr. Pipes said the city does believe that all trees and vegetation do have a value, some more valuable
than others. He said it is very difficult to put a subjective value on anything that we can defend, or,
obviously, some of our decisions cannot be clearly objective; they must be subjective. Right -of -way and
easements that the city has, have been provided for a specific purpose, he said, for the location of various
improvements to benefit the neighborhoods which they serve. He said service lines to each home or business
along these routes are crossed by service lines from these various utilities; streets, water, sewer, natural
gas, drainage, electrical, telephone and telecable. He said sometimes they are crossed and crisscrossed and
it gets to be very difficult and complicated working in these areas. He said the city encourages the
underground placement of all utilities, although this is not a goal we have achieved, but it is a goal we
have discussed extensively. He said while the city has not mandated, it has certainly made it clear that
this council favors the underground placement of utility lines. In so doing, he said, we complicate the
mixture in a limited amount of space. He said we have a cross - purposes situation here of which we need to
be aware.
Mr. Pipes noted distribution lines (water) and collection lines (sewer and drainage) must be laid on
grade and there is not a lot of deviation from that; it simply won't go over a hill. He said we have to
maintain grades and when those lines go in first then a lot of precedent is taken out of the situation. He
said we reviewed before that right -of -ways are 50 feet wide and have a limited amount of space outside of
the paved area in most sections, generally ten feet, which gives us a limited amount of room in which to
work. Mr. Pipes said reasonably the policies that are adopted by the City Council affect all utilities:
Gulf States, Entex, Southwestern Bell, Telecable, etc. and they have to follow basically the same rules that
we establish for ourselves. He said the Council needs to keep that in mind. He noted water mains are
pressure vessels so that when they break, they erupt with some destructive force. He said their location
gets to be of some concern on what may be damaged in close proximity to them. He said older lines (40 -60
years) are in highly suspect condition. He said when we are in major renovation projects like this, it
makes only good sense to replace them for the purpose of getting new life and for purposes of improving
service. He said old lines, with increased pressure, will generally accentuate weak spots and break more
frequently and with greater force. He said Huntsville is famous for its hills and has some extreme
differentials in its pressure system sometimes only blocks apart.
Mr. Pipes said Huntsville also has a dual water pressure system- -high and low plane. He said the older
parts of town are on the low plane system and when we choose to increase the pressure in those areas, those
old brittle lines are prone to break. He said the city's construction policies should be uniformly and
consistently applied citywide wherever the city may work. He said that has been a generally accepted
premise of the Council for some time. Alternate construction methods, whatever they may be, may be employed
in the efforts to save trees in right-of -ways that are in conflict with the utility or planned utility or
street improvement, but will require added costs, beyond the city's plan and this year's expenditures. He
said there is no question about this. However, this doesn't mean it shouldn't be done, because some trees
that are in the right -of -ways are assets to the community and should be preserved at some cost in hopes of
maintaining the enhancements they provide.
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 428
Mr. Pipes advised while the city has been gathering information, work has been ongoing in other parts
of town, i.e., 12th Street where there were very few or no trees and the city was able to work and
accomplish quite a bit. Interestingly enough, he said, on 12th Street, starting at Avenue M and going east,
the city ran into the old cedar tree that used to be in front of the old Child's Cafe (greatest chili stand
in town 40 years ago), where people made a lot of chili under the shade of the trees. He said the city
skipped over and started working on the square. Mr. Pipes said there is practically no place in town where
it can work without a clear definition of what the Council's Policy is on trees. He said while we have been
accomplishing a lot, the city has also encountered other problems that need to be clarified so that it can
proceed. In the meantime, the city has collected a lot of information from the arborist and has spent about
$2,100 in consulting time over the last two and one -half weeks gathering this information, which appears in
the council's packets. He said the city reviewed each and every tree in and near the project area so that
it could establish some data for what costs might be expected. He said this 3,000 feet of line of these
seven blocks (three project area) is a small fraction of the amount of lines remaining throughout town; some
72,500 feet of line remain. He said the city is taking a small sampling and projecting it over the
remaining distance of the line. He felt the Council will be able to see from the video tape that this is
fairly consistent throughout the community and might be the type of thing we will experience or expect to
encounter.
The Council then reviewed a staff - narrated 15 minute video tape of the trees to be encountered in the
proposed work areas on 13th Street - -south side -- between Avenue 0 and Sam Houston Avenue; 15th Street between
Avenue 0 and Avenue 0; 15th Street project to raise curb on south side; University Avenue between 10th
Street and 8th Street. Also reviewed during the presentation were the various recommendations of the
arborist, narrative comments of Mr. Pipes and Council questions germane to those trees and the pending
projects.
Mr. Pipes then presented a memorandum dated July 10 from Glenn Isbell, Director of Design Engineering,
correlating the cost for tree considerations for approximately 2,726 linear feet of water line construction
on University, 13th & 15th Streets, or a seven block area. This information was then extrapolated for the
remaining 72,560 linear feet of water line construction over the next three and one-half years, Mr. Isbell
reported. Mr. Pipes noted it will assist the staff to know at what distance on private property the
I) Initial Arborist Evaluation $2100/2726 l.f.
II) Construction Inspection-- Arborist
III) Recommended tree removal, 6 ea. @ $150 = $900 : 2726 l.f.
IV) Recommended tree maint., $8,790 /2726 l.f.
V) Recommended trenching, 38 trees is 20 /l.f. = 760 l.f.
a $1 = $760/2726 l.f.
VI) Construction options for tree conflicts:
*1) Entire waterline in street
2) Bore w /casing, 5 trees a 30 ' X 45 2726
* *3) Bore without casing, 5 trees X 30' X 35 2726
* * *4) gig zag in street around tree, 5 trees X 40' X
12.50 : 2726 + 10' X 20 = 200 X 5 2726
* * *5) gig zag around tree on private property, 10'
additional X 20 = 200 X 5 trees
6) Remove trees, 5 ea. @ $150 = 750 : 2726
= 0.77 /l.f.
data not available
= 0.33 /l.f.
= 3.22/l.f.
= 0.28 /l.f.
= $12.50
= 2.40
= 1.86
= 1.29
= 0.37
= 0.28
S 55,872
data not available
S 23,945
$233,646
$ 20,317
$907,013
$174,144
$134,962
$ 93,602
$ 26,617
$ 20,317
* Not recommended for obvious long term maintenance of water and street infrastructure and initial
construction costs.
** Not recommended on larger water lines.
1
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 429
* ** Will not work in all cases, depending on proximity of tree to curb line and location of sanita
sewer. Consideration could be given to corner lot situations.
NOTE: Bore cost based on 611 bore 14" casing.
Mr. Pipes advised these costs are just averaging and it should be kept in mind this is a test area and
the data are being extrapolated based on sampling. He said it has built -in fallacies and he didn't want
anyone to think the city is establishing these numbers as fail -safe information; it is truly hypothetical
for the purposes of concept and understanding. He then discussed and reviewed with the Council each aspect
of the above costs. He also presented a list of five classifications of Texas trees for the Council's
information which is to be used to determine value and eligibility for preservation considerations. A sixth
classification Mr. Pipes noted, could be "Ornamentals" with a four inch base caliper (i.e., crepe myrtles,
etc.). Mr. Pipes then asked the Council for some direction. Councilmember Gaines commended the staff on
the work done on this presentation, noting it will greatly assist the staff.
Councilmember Hammock then made this motion:
1) to adopt trenching as a standard Policy to care for trees:
2) to adopt the tree classification system to identify trees for Preservation treatment:
3) to set Priorities for alternative construction near these trees that have been identified for special
treatment, as follows: try to go into Private easements where Possible and go into the street on rare
occasions where other alternatives are not feasible and the last alternative would be- -the most
expensive - -boring; and that these systems be used in the most cost effective sequence
Councilmember Barrett seconded the motion.
Discussion: Councilmember Barrett commended the City Manager and city staff for working up this detailed
information so that the Council can find a solution to save these trees at an affordable price for the city.
Councilmember Carter felt the report was complete except perhaps for a cost /benefit report: the costs are
presented, but there are no data on the value of the trees He felt it would be a simple thing to compute
using the arborist's formula to tell the Council what these trees are worth in comparison to what the city
would be spending to preserve them. He didn't feel the Council could make decisions tonight until all of
this data are available, which would include the "value" of the trees on which the city is working.
Councilmember Carter then made a motion to table this item until the next council meeting so that there
is a little more time to look at the report that has been submitted He said he has only received it
Yesterday and he would like to go out and walk the streets involved He said while he appreciates the video
tape, there is nothing like a first hand review. Councilmember Bell seconded the motion
Discussion: Councilmember Barrett felt there had been enough discussion and review and felt the Council
needed to move on and get the projects ongoing; he noted he wants to pass the original motion tonight.
Councilmember Carter again said the information is lengthy and there has not been enough time to study it.
He said he has questions about the cost estimates, while he understands the numbers merely represent a
sample. Councilmember Carter said there had been discussion about the Possible use of a root saw rather
than trenching and he saw no indication about its use and he wanted the Council to consider that He noted
there are maintenance costs in this that should be discussed, noting they are all maximum costs and more
time is needed to evaluate those. He said while the report is a substantial, complete and positive report
and he is happy with it, he still does not feel comfortable making this kind of decision on this kind of
data in an 18 -20 hour period. He said he would hope the Council would not be in such a rush to do this that
it could back off a minute and think about it in more detail.
Councilmember Barrett said he feels the staff has the ability to take this information and go forth and
save all the trees possible. He advised he had a pecan tree near his building near the sidewalk and a water
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 430
ine was put in two years ago and the pecan tree is still flourishing. He said the city used the average
ethods it had always used in dealing with that tree, noting they were careful not to cut any roots that
ere not to be cut and a minimum amount of damage was done. He said this has been going on for years and
ne can only spell out a program so much and can't go into detail on every tree that is in the right -of -way.
e felt the Council has some good guidelines now from which to work. He encouraged the Council to pass it
nd forge ahead.
Councilmember Howard noted time is important in the construction timetable and if the Council does not
e forward, it will lose so much time in the construction schedule. He said he was anxious to get the
kers back to their jobs with the knowledge that they know what they are going to do.
Councilmember Green said he is generally not in favor of tabling an issue like this primarily because he
ould like to see if there is some further discussion and tabling it might cut off any discussion of this at
his point. Councilmember Carter said he is not opposed to the motion Councilmember Hammock made, but feels
he data needs additional analysis and he has not had the time to do it. Councilmember Green felt the data
id not have anything specifically to do with the motion; the data do not alter anything relative to the
otion. Councilmember Carter felt there are cost factors in there and there is at least one difference he
ould like to review and that is the difference in using a root saw versus trenching.
Mayor Monday said if there is no further discussion, she would now call for a vote on the motion to
la rnnnri1 -4- rc r—tar and gall vntarl uvneu rn te61e t6;o ; +em nA .11 ..., +-A uu..0 ____+ t_
ble this item and the motion to table failed by a vote of 7 to 2. Mayor Monday then asked if there is any
scussion on the original motion before she calls for the vote on it.
Discussion: Councilmember Green said he has no problem with the motion, as stated -- adopting trenching as
a standard policy, adopting the classification system and setting priorities with regard to each of
them - -but he is not quite sure how this translates from that into the next statement as to how we then
implement that into actual trees. Mr. Pipes said if it is not in the direct line of the water line, the
city would employ trenching rather than just excavating and take the typical precautions outlined by the
arborist. He said if there is a more direct conflict, then the city will consider an alternate route for
the line. He said the first alternate would be to go to a private easement, which will generally be
interior to the tree (assuming trees are within that ten feet of primary concern). If the property owner is
as interested in preserving that tree as is the city, then there would be some negotiation for easement to
route the line on private property through an easement acquisition on that particular lot. Mr. Pipes said
the next option would be to go into the street which has additional attendant costs. Mr. Pipes said the
Last option is to bore. Councilmember Green asked about the root saw application and why it was never
mentioned; asking if trenching is thought to be just as effective. Mr. F. Boyd Wilder. Director of Public
IltiI itiae oa;d it uac tha anL.n r.e +/c rnrnmmnnds +:.... +.. ..tee s ......t . L...+ +1... .... L.....: ..r - -..- 1 .1— _
rencning macnine wouLa ao the same tning as a root saw as long as the digging blades are kept share Mr.
ilder said the arborist recommended that if the city is working adjacent to a tree, that it go in and
rench the edge of that ditch line first, which would sever the roots and then use the backhoe to make the
itch on the opposite side of the trench from where the tree is located.
Mayor Monday then called for a vote on the original motion, as discussed above. All were in favor,
cent rntjnri lmamhar rartar uhn vntarl 'inn 11 and tha mntinn nnec 4 kw s ..nte ni o to i
MAYOR'S ACTIVITY REPORT - -JANE MONDAY
Mayor Monday commended and complimented the Council's Retirement Committee: Councilmembers Green, Bell,
Ines, Hammock. She felt with the utilization of the council committee and the consultant, the city has
L
1
MINUTES OF THE COUNCIL MEETING OF JULY 11, 1989 BOOK "P" 431
been able to provide a good retirement program for the employees of the City at no additional cost to the
city.
City's Birthday Party
Mayor Monday invited everyone out to the Gibbs Powell House for the City's 154th Birthday Party on
Saturday evening. She noted the Walker County Historical Commission is sponsoring the event. She advised
the barbecue will begin at 6:30 P.M.; lemonade and homemade ice cream will be available; the Mayor and
Council will cut the cake at 7:00 P.M.; and there will be folk demonstrators and entertainers. She advised
all former mayors and councilmembers in the area have been invited to attend.
Basketball Cams
Mayor Monday advised she welcomed the participants in the Baseball Camp being held at SHSU, which
includes outstanding players and coaches from all over the United States.
Tourism Committee Meeting
Mayor Monday noted there will be a tourism committee meeting after the council meeting.
Drug Task Force Presentation
Mayor Monday noted it is anticipated the representatives of the Drug and Alcohol Abuse Task Force will
be making their presentation on August 1.
COUNCIL ACTION
City News Letter Complimented
Councilmember Gaines complimented the staff on the city's newsletter, noting it is very nice.
Auditor's Bid Accepted was the Lowest Bid Received--Clarification
Councilmember Green corrected a statement he made earlier germane to an answer given to Councilmember
Barrett as to whether the bid for auditing services recommended by the Audit Committee was the low bid,
noting he had answered it was not the tow bid, but in reviewing his information, he found the bid they
accepted was indeed the lowest bid received.
Tree Policy-- Reconsideration
Councilmember Carter advised the Council may wish to reconsider these policies in light of one additional
item with which it did not have time to consider. He said a company has written the city on a couple of
occasions and the Mayor received the letter of which he received a copy. He said the Company is called
"Free Flow" and they rehabilitate existing water lines and have made a request to appear before the City
Council. He said according to other cities where they have worked, they can substantially reduce the cost
of the kind of water line work the city plans to perform. He said the City of Fort Lauderdale has given
them a very positive recommendation and said, in effect, if anyone wants to know about this process and how
it is done, or look for references, they can talk to the officials of that city. He requested that this
item be placed on the agenda to have this company make a presentation. He said we might avoid doing damage
to trees and we might save the city substantial sums of money in terms of the policy we just discussed.
Mayor Monday felt the appropriate thing to do is to refer this suggestion to the staff for evaluation and if
they feel this type of presentation would be appropriate and justified then we will let them bring that to
us. Councilmember Carter said this company has already contacted staff and he is interested in the staff's
recommendation. Mr. Wilder noted he has never heard of them. Councilmember Carter noted he will make sure
they get in touch with the staff.
ADJOURNMENT
R ly s bmit /
�haw, ty Secretary
July 11, 19