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MIN CC 05/26/1992CITY COUNCIL MEETING OF MAY 26, 1992 BOOK "R" 53 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 26TH DAY OF MAY, 1992 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF IUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present: W. II. Hodges, Mayor Officers: James L Carter William 1-1. Knotfs, Jr. Gene Pipes, City Manager Ila G. Gaines Ronald L. Lange Scott Bounds, City Attorney !. William B. Green Dan S. Davis Melba Byers, City Secretary !. Charles Robinson ABSENT: Gary Bell Mayor Hodges convened the city council meeting into session and recessed into executive session to consider: (I) acquisition of utility easements in the Hi -Lo Water Project on Ave. L I/2, Ave. N and 20th St, R.O.W. for North Sam Houston Avenue and a park pathway access acquisition on Cottonwood, and (2) a proposed settlement of a disputed medical insurance claim with T. Thornton. Mayor Hodges adjourned [he executive session and reconvened the city council meeting into session. CITIZENS IN'PUTANQUIRY None. REGULAR SESSION • CALL TO ORDER Mayor Hodges called the regular session to order. Invocation by Councilmember Gaines. CONSIDER MINUTES OF MAY 5, 1992 Councilmember Gaines made a motion to approve the minutes of May 5 1992 and Councilmember Green seconded the motion. All were in favor and the motion Passed unanimously. NOTE: Councilmember Bell was absent. ATTENDING CITIZENS Cultural Studv Survey Report: Ms. Pam Anisman gave a report on the Cultural Study Survey. A copy of the assessment and vision statement was distributed. She stated, this assessment is a summary of the 6 -part research and reflects how people view it, not necessarily what the City is. The job of the cultural plan is to identify the citizenry -- not just what they don't have, but L' it what they do have. The task force stage is next on the agenda. Ms. Anisman stated that the environment and the preservation of natural and historical things, which includes the downtown revitalization project, is one of the first items on the agenda. The second items on the agenda are facilities both old and new, indoor and outdoor. The third item is the historic character of Huntsville which is our heritage and the Sam Houston heritage, but also buildings and other things. The Fourth item is information. The networking in the City at present -- how everyone finds out about public events, and how we draw the community together. Item five is activities and programs existing, but also new. Finally, Arts and Education through IIISD, +I` - Continuing Education for kids, as well as For senior citizens, and adult education programs. Ater all data is gathered, we will have it task force meeting and will have in the Art Commissioner's hands the first draft of the cultural plan on August Ist. Also, a report will be presented to Mayor and Councilmembers at the beginning of August for review and returned to the Cultural Planning Committee by August 15th for mty revisions. A clean document should be i,l presented by September 15th, and hopefully by October Ist we will have a cultural plan in place. At this point, Mayor Hodges thanked Ms. Anisman and her committee for the hundreds and perhaps thousands of hours of preparation work and we are looking forward to reviewing this assessment. Councilmember Lange commented on the lack of participation by certain portions of the community in the process so far. I hope as you continue that you still reach out to that silent majority. Ms. Anisman stated that her committee will not allow, an issue like this to rest simply by saying, "people had an opportunity to participate and if they didn't, it is not our problem any more." MR. VALREE SCUIV RETIREMENT t. Mayor Hodges stated that Mr. Scott had scored the City for 32 years and was being honored and recognized for his service with Public Works-Street Division as Superintendent_ Mayor Ilodges recognized his loyalty and stated City Manager bad some presentations. Mr. Scott introduced his wife and son, City Manager presented Mr. Scott with the Traditional City Jacket that had been embroidered reflecting his 32 years of service. Mayor Hodges presented Mr. Scott with a plaque. City Manager presented Mr. Scott with a ring with three stones (each stone symbolic of a ten year decade). At this point, the City Council Regular Session was recessed to a reception for Mc Scott. CITY COUNCIL MEETING OF MAY 26, 1992 BOOK R 54 - — CONSIDER GARAGE SALE ENTERPRISES Scott Bounds, City Attorney, discussed information provided which outlined the present guidelines, i.e., "ongoing", in a "neighborhood conservation district ", in a "management zone area ", tae permits, and so on. City Attorney Bounds also provided Council with a commentary and Nimlo Model Ordinance regarding garage sales. Under State Comptroller rules, a citizen can have two garage sales per year without having a sales tax permit. If three or more garage sales are conducted in a 12 month period, then you are considered a business. Councilmember Knott% then discussed possible problems and negative public relations in the community if our polity were changed regarding garage sales. Ile felt enforcing permits would practically be impossible, and that most complaints were regarding vendors on parking lots and ongoing garage sales. The main concern was the old Grapes & Grain building that has a.' continual garage sale. City Attorney stated they are a competitive business and taxable. There was a consensus of Mayor and Councilmembers to leave well enough alone. No action to change current policy. CONSIDER RESOLUTION NO. 92.5 -26.1 Authorizing a Texas Traffic Safety Program Agreement for Occupant Protection - S.T.E.P. grant. City Manager noted, this is a seat belt enforcement activity. On an over time basis, it would resolve in a citation issued to violators which would require' them to attend a two hour safety course. This is a grant funded from the Federal Government through the State Department of Highways and Public Transportation, and is over a four month period (June through September). This is not an effort on our part to increase activity in municipal court, but certainly to stress safety to our citizens. Police Chief, Hank Eckhardt, stated there is an option of paying the fine issued or attend the two hour safety course. ' We are currently issuing citations. Councilmember Green asked if this is a moving violation. City Attorney stated he would check' on that and he thought the fine was $40.00 per violation. Councilmember Knotts made a motion to approve this resolution with a second by Councilmember Davis. Councilmember Green voted ",against" with the resolution passing 7 to 1. NOTE: Councilmember Bell absent CONSIDER REQUEST TO INSTALL STREET LIGHTS Mayor Hodges stated staff has received citizen request for installation of street lights in the area of Pine Valley and Willow Bend at an estimated cost of $840. Councilmember Lange stated that this area is very dark. Mayor and Councilmembers " requested an in -depth study be done as far as procedures and costs, and present findings at next council meeting. Councilmember Carter made a motion to table this request with a second by Councilmember Knotts. Mayor Hodges -. voted "against" with the motioa to table this request passing 7 to 1. NOTE: Councilmember Bell absent. CONSIDER BIDS BID NO. 9249 (Semi - Annual Contract for IIPRS -2P); PROJECT NO. 91 -09 -05 (St. Stephen's Episcopal Church Sewer Extension); and ART /PAINTING OF KING'S CANDY BUILDING (Larry Zink Downtown Revitalization Project for $6,074) are being handled together in one motion (Items A, B and D on the Agenda). Councilmember Carter made a motion to approve' these three Bids with it second by Councilmember Gaines. The motion passed unanimously. PROJECT NO. 92 -01 -03 - Emancipation Park Basketball Pavilion slab repairs (Item C on the Agenda). Councilmember Robinson stated, the. slab has a dip in the middle and it is cracked. City Manager stated bids were taken, were substantially out of budget, and staff recommends that Council delay this project by rejecting the bids. Alternative bids will be brought back to Council in the next budget preparation cycle to address these problems. Councilmember Robinson made a motion to reject the bids with a second by Councilmember Green. The motion passed unanimously. CITY MANAGER'S REPORT Resienntion of Purchasinu Agent. City Manager Pipes reported shat Mark Bosma, had resigned and announced that J. D. Schindler will be functioning as our Purchasing Agent until future consideration, after the management study is received. Consider authorization of a "Letter of Interest" for Municipal Airport improvement projects, An analysis was provided which reflected a number of projects that are a part of the City of Huntsville's Airport Master Plan for which we accept either Federal or State grants. City Manager Pipes stated the Mayor and Council's interest needs to be expressed in pursuing the airport development. City Manager Pipes stated, Nve would like to notify the FAA and the TAC of our continuing interest in developing our airport with your approval of the "letter of interest ". Councilmember Green made a motion to approve the "letter of interest" with a second by Councilmember Davis. The motion passed unanimously. Corporate Hann_ar Site Consideration. City Manager Pipes stated there is a local businessman who has indicated interest in building our first corporate hangar at IIuntsville Airport. As you will recall, a corporate hangar is something we planned several years ago as part of the airport site, which would be on the far south end close to the. baseball field. We had previously built the taxiway to that area. We have a cost estimate of about $64,000 for these improvements. Dale Bmwn his done additional studies - and indicated that we can expect to phase it for a couple of years and accomplish this for a reasonable amount of money. Staff CITY COUNCIL MEETING OF MAY 1992 BOOK "R" 55 feels improvements of this particular project and a model hangar site lease contract in which all improvements would revert to the City of ITuntsville ownership upon vacating by the original owner or a period of time would be a benefit to the City. The funds for these improvements would be charged to applicable departments. City Manager Pipes also stated, some of these costs could be delayed for years if the service is not immediately needed. Councilmember Green stated, I am not sure what you are asking from us. City Manager Pipes stated, "I am asking for a consensus on the development of the South end of the airport for a corporate hangar in conjunction with the Airport Master 1 Plan and the extension of the necessary utilities in at least two phases if not three in order to make manageable projects. If water is needed for fire protection today, then we'll extend water and extend sewer later or through some other combination and bring back specifics, but we wan[ to have your indication of your willingness to enter into along -tern lease agreement for this parcel �I under those general conditions ". (The concept only, not allocation of monies). At this point, several concerns were discussed among Councilmembers. Also, there was a consensus among Councilmembers that the interested party would not be held up until the City could spend $65,000. There was a consensus to ii ! table this consideration until the June 9th Council Meeting. ;I Consider a corporate hangar site lease proposal. Councilmember Green made a motion to approve this lease proposal with a second by Councilmember Carter. The motion passed unanimously. ! Consider Kids Only Day Care Center Request. City Manager Pipes stated this is a request for a four foot fence with 1 a gate, to be built with private funds, on a parcel of City property to provide a security outdoor play area for the day care children.; This parcel would not be restricted to use by the day care center but also available for public use. This property backs up to the Library property and the HEAP building. Councilmember Green voiced a concern of liability responsibility. City Manager Pipes stated the Day Care Center needs a fence in order to comply with the State Licensing requirement for secure outdoor play area. He also stated they do not have any other adjoining property accessible to them so their request is addressed to their specific ! i. needs. Due to reservations by Council, there was a consensus to table this request. Mayor Hodges requested further negotiations j by the City Manager who would [hen present findings to Council at a later date. Consider an employee allocation efficiency reorganization proposal for the Street Division. City Manager Pipes stated, for some time, we have been aware that the personnel presently in the Capital Construction Street Program were term employees, and were there for a specific project or length of time. We also recognize that the ongoing maintenance of the streets would require the individuals to maximize the effective utilization of that area, The opportunity has been presented this spring, with the retirement of Tom McBee and Valree Scott, to absorb two - thirds of the capital construction crew directly. Staff proposes that Council agree to adjust the allocations as specified. In so doing, the term of the period expected and projected to complete theI: overall street program would be extended with a fewer number of employees attempting both jobs (Street Maintenance/Special Projects and completion of the Capital Construction Projects). Staff ties been very sensitive to perform as a contractor, and when I the job is over, end the service of personnel hired for any particular service (refer to minutes dated August 6, 1985 which are provided). We did not expect retirements to afford us the opportunity to absorb these people into our regular work force and ii extend the time for about a year in which they would complete the bond issue streets, and at the same time, coordinate all of the �. maintenance work that has historically been divided between the Street Department and the Capital Construction Program. Staff has considered this subject very carefully for the last several weeks and are very sensitive to Council's desire [o II demonstrate that the crews were in fact temporary in their original nature, and we are very willing to reduce the employee I, allocation in the Street Department by three positions and save the money that is projected in this memorandum, as outlined, which would result in about $178,855 net savings over the completion time of the projects.I, Councilmember Knotts stated that this was begun as a "temporary concept ", and he felt that was the way it should be {` kept. Also, he felt that nothing should be done until the results of the Management Study is received as far as personnel is concerned. Fie also voiced other concerns and felt that additional time was needed to research this matter. Councilmember Carter supported the concerns of Councilmember Knotts. There was a consensus to ruble this proposal. Mayor IIodges requested .j City Manager Pipes to report back to the Council on June 9th with a more detailed report. Consider Bid for R.O.W. for North Siam Houston Avenue. Mayor Hodges stated it was his recommendation to accept all bids on the Tax Sale Trust Properties except the F. Taylor property, which is recommended for rejection. Councilmember Knotts made a motion to approve these recommendations with a second by Councilmember Gaines. The motion passed fl unanimously, i Consider Annual Contract for TTuntsville Theater Festival. City Manager Pipes stated, this is our annual contract with 1! i SHS.U. Drama Department for this year's summer activities. Councilmember Green made a motion to approve this contract Ii with a second by Councilmember Gaines. The motion passed unanimously. Consider Ed's West Project City Manager Pipes stated, you have the status report on the construction project and their CITY COUNCIL MELTING OF MAY 26, 1992 BOOK "R" 56 ongoing operational projects expected in the future. In addition to that, some months ago we took bids for extension of the! utilities at the construction site. Since they will not be needing this for eighteen months to two years, these bids need to be , rejected and released. Councilmember Green made a motion to reject these bids with a second by Councilmember Davis. The i motion passed unanimously. Consider Noah Sneer Request City Manager Pipes stated, staff has a request from Mc Speer for a joint approach to the drainage problem on 18th street. City Council had previously acknowledged and allocated money to address the City's portion of this project. Ile is requesting that the City Engineer supervise the design and bidding of this project, and the construction. Ile will deposit the necessary funds based on the cost estimates to effect the completion of the project on his side of the line and staff recommends approval of this request. Councilmember Green made a motion to approve this request with a second by Councilmember Robinson. At this point, Councilmember Knotts voiced concerns that the City was not being consistent with policy if City provides services for Mr. Speer. In the past, the City has required other citizens to hire an engineer. City Manager Pipes then reminded Council that they had instructed staff to contribute anything they could in terms of in kind services, expertise from the engineering department, surveying or anything else on this particular project as a result of the drainage washout about eighteen months to two years ago. Staff has only been following instructions of the Council and anytime you would like for us to get out, we will be glad' to. Councilmember Knotts then stated, that is why I previously specifically asked, "are we spending more time or money on anything other than the $14,000 within the City's R.O.W. on 18th Street". Mayor Hodges stated, this project is different as the other projects were done at the owner's request and did not affect the City one way or another. However, this particular project affects the City directly because we have to do our portion of it, and in an effort to have this a consistent project, start to finish, the Speers have requested that the City participate. Councilmember Green stated, the City has a substantial possibility of losing if something is not done due to the possible loss of sidewalks and streets. And, we are losing the head watt Councilmember Carter raised the question of the easement situation. Mayor Hodges stated, we will get the easement. The motion passed 6 to 2. Couneilmembers Knotts and Carter voted "against". NOTE: Councilmember Bell was absent Consider Authorization to Install II.F.D. Radio Freguencv. City Manager Pipes stated, this is consideration for T.D.C.J: I.D. to install II.F.D, radio frequency in their fire vehicles for mutual aid coordination in response to fires. Staff recommends Council approve this authorization. Councilmember Robinson made a motion to approve this authorization with a second by Councilmember Green. The motion passed unanimously. F.Y.I. Special Notice. City Manager Pipes brought Council's attention to Eagle Lake's Revitalization presentation. The City of Eagle lake is attempting to follow Huntsvilte's lead in developing their downtown area and encouraged the reading of that particular notice. Also, he pointed out that Linda Pease was at Eagle fake last week and gave a presentation. City Manager Pipes stated, maybe the sincerest form of flattery is taking place because our project is appreciated in other localities. MAJ'OR'S ACfIVI'I'Y REPORT Mayor Hodges reported that the Sister Cities Trip was very successful. We will have a report for you by a member of the Sister City Committee on Council Meeting of June 9th. Ms. Beverly Richards has resigned from the Planning and Zoning Commission. We do have a list in the City Manager's office of recommendations that you have made in the past for members of the Planning and Zoning Commission, and if you have any additional recommendations, please turn them in to the City Manager for review and appointment. Proclamation No. 92 -13 is honoring Miss Hillory Grivich who is trying out for the U.S. Olympic team. She could not be here tonight due to her training schedule. Staff has been instructed to release this proclamation to the news media and deliver the proclamation to Miss Grivich, CITY COUNCILMEMBER ACTION Councilmember Gaines reported that she attended an HGAC meeting in Houston last Tuesday and she would be providing a report at a later date. The main item I need to bring to you tonight is contained in the memorandum that is being handed out to you. This memorandum refers to the Cultural Center Steering Committee for the Library/Cultural Center. You will recall, Councilmember Lange and I called a work session on April 7 for the purpose of informing the Council and asked for a vote of consensus to proceed with plans. Since that time, our committee has been meeting with the Liaison Committee from the Cultural Planning Commission. In our last meeting, we discussed the possibility of trying to secure further tools to work with in regard to the planning of this building. So, the Committee asked that we bring to City Council a proposal to grant permission to secure the services of a professional architect. The Committee feels professional expertise is needed in working with representatives from the Library, Theater group, HARP, and other entities in order to come up with an architectural drawing. Until we have this tool, we cannot know the costs involved. We are not asking for funds at this time, but simply for permission to begin the process to secure professional services. After receipt of proposals, with a cost figure, we will then return to City CITY COUNCIL MEETING OF MAY 26, 1992 BOOK "R" 57 j Council for decisions regarding any expenditures. At this point, Councilmember Gaines made a motion that Council approve the request to begin the process of securing professional architectural services. This motion was seconded by Councilmember Davis. This motion passed unanimously. Councilmember Knotts reported that he and Councilmember Lange had met with the Chamber of Commerce and was briefed on the Tourism Survey. He stated that detailed data is stored of the Chamber of Commerce office should anyone desire to view the documents. I would like an update on the Larry Zink $6,000 project. Question: where are the funds coming from? Linda Pease stated, it is in the budgeted funds, line item. Councilmember Knotts stated, Ijust wanted to make sure we are not using general funds for this project. One specific request I had was that we don't spend taxpayers money for paintings on private buildings. At this point, Patricia Allen stated that this is part of an overall budget that is made up of several sources of monies. Regarding the Southwestern Bell Franchise, is there another reading due? City Manager Pipes stated that the second reading will be at Council Meeting on June 9th. Councilmember Knots added, I just want the citizens to realize that it would be a tax to the citizens in town. Councilmember Green reported that he had an opportunity last weekend to visit with Hillary Grivich's dad who told me that she placed 7th in the Nationals. They were concerned, due to a lot of shoulder pain. They discovered afterwards that she had a broken shoulder (she competed with the broken shoulder). They hope it will mend enough for the Olympic Trials competition. Councilmember Robinson requested an update on the matter of flooding on Smith Hill. Johnny Poteete reported that they were working things out and keeping in touch. The Emancipation Park Center building needs an inspection check list, especially after being leased or rented, and also after other times of use. I am concerned about needed repairs on the furniture. Mayor Hodges requested City Manager Pipes look into this. The Emancipation Park Playground still needs playground equipment suitable for smaller children. As I had mentioned previously, the equipment on the playground now is for larger children (teenagers). Mayor Hodges requested City Manager Pipes look into this. Councilmember Carter read to Council an article found in the Sports Section of the Huntsville Item regarding contamination of numerous rivers and lakes with recommendations on amounts of fish to be consumed by individuals. Ile commented, it is so routine now that it is in the 'Sports Section" instead of a "Front Page Story", which is disturbing. He also read to Council an article mailed to him from a concerned citizen regarding wild flowers which stressed the drawing of visitors to communities, additional work force requirements, etc. I hope Council will revisit the subject of wild Bowers at some point between now and next spring. MEDIA INQUIRIES Wayne Sorge, KSAM Radio asked, "are you disappointed or have any other reaction to the Ed's West delay?" Mayor Hodges responded, I believe one is always a little disappointed; however, the good news is that this is an "on track project ", just slowed down. Also, Ed's West letter shows economic benefit to Iuntsville with their presence here. ADJOURNMENT i i Melba yers City Secretary