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MIN CC 08/18/1992CITY COUNCIL MEETING OF AUGUST 18, 1992 BOOK "R" 90 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 Ila G. Gaines Ronald L Lange William B. Green Charles Robinson William H. Knots, Jr. ABSENT: Gary Bell ABSENT: James L Carter ABSENT: Dan S. Davis Officers: Gene Pipes, City Manager Scott Bounds, City Attorney Melba Byers, City Secretary CITIZENS INPUTIINQUIRY Mayor Hodges stated that there were two requests for citizens to address council -- one from Marcella Matthews and one from Jody Crawford. Neither were present. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the regular session to order. Invocation by Councilmember Lange. CONSIDER MINUTES OF AUGUST 11, 1992 Councilmember Knotts made a motion to approve the minutes of Au ust 11 1992 and Councilmember Robinson seconded the motion. All were in favor and the motion passed unanimously. NOTE: Councilmembers Bell, Davis and Carter were absent. ATTENDING CITIZENS None in attendance. CONSIDER BID 89 -08.01 Mayor Hodges stated this bid is for the 12th Street pavestone sidewalk project. The engineering department prepared all of the bids, sent them out, and we got one bid back. Does council want to open the bid or do we rebid. We have $146,000 including some lights budgeted for this project. Councilmember Green made a motion that the bid be opened and if it meets specifications then award. Councilmember Gaines seconded the motion. The motion passed unanimously. The engineering department was handed the bid to review and come back to council with recommendation later in this session. CONSIDER QUARTERLY BUDGET & TAX REPORTS Mayor Hodges stated this is a consideration of the quarterly budget, as amended, and tax reports, as adjusted, for the period ended June 30, 1992. Patricia Allen Director of Finance, reviewed the report briefly and suggested that Council voice any questions for clarification. Councilmember Green requested clarification of the significant difference in revenues to date for "charges for services" in comparison to budgeted amount. Patricia Allen. Director of Finance, stated it is down this year. That category is basically a reimbursement from the sanitation fund to the general fund for work that the street crew does in help at the landfill operation. We do expect it to increase slightly but it will be down. In fact, in next year's budget we have budgeted for a reduction in that field with the landfill personnel actually doing more of that work rather than the street crew. Councilmember Green stated, likewise it is indicated that we are down in terms of C.O. Are we not going to issue that C.O. or will it be issued later. Patricia Allen, Director of Finance, stated there were two C.O.s budgeted. Both have been issued. The price of the specific equipment that was purchased was less than what was budgeted. Mayor Hodges, asked if there were any highlights in that area. City Manager Pipes suggested that we go to page 31 and review the Collection Summary Report. Councilmember Knotts requested clarification on the big adjustments for maintenance and special projects. Patricia Allen Director of Finance, stated this was the land that was purchased on 7th Street. The easement that was purchased was a budget increase /transfer from reserve funds for special projects, and the termination of legal work. Also, if you will look on pages 20 through 29 you will see the budget adjustments for this quarter. A large majority of these the Council has seen before, we have just formalized the numbers. For Tourism, the $21,300 (the $99,000 that was approved at the beginning of the year) is just to formalize that number. It is not an increase over and above the amount that they had already asked for. The $40,500 Signalization Grant - -in the budget, we included $13,500 which was the city match to that project. What this is doing is CITY COUNCIL MEETING OF AUGUST 18, 1992 BOOK "R" 91 recording-the amtunr— Of money trial We dULuwiy received treat me grant, so it is not an Walricamil expenditure. age it is me - summary of the property tax collections to date. In the current year, we collected 94.98% of our total levy. We had budgeted i to collect 94% so we are in line there. At this time last year, we had collected 95% so it is lust slightly down there. Our delinquent tax collections percentage wise are up because, of course, the delinquent tax levy is decreasing because of collections. MaVor Hodges asked if the delinquent tax ($230,000) is unusually high, proper, in line or out of line. Patricia Allen Director of Finance, stated that number has actually reduced over the last several years. Mavor Hodges asked if the Appraisal District was vigorous in collecting delinquent taxes. Patricia Allen, Director of Finance, stated she saw no difference actually between the City's procedures and the Appraisal District. The transition is complete, things seem to be normal, smooth and they are transferring money daily as agreed and there does not seem to be any problem there. I am pleased with the manner in which the Appraisal District is collecting taxes for the City at this point. At this point, Councilmember Green made a motion to approve the amended budget and the adjusted tax reports with a second by Councilmember Lange. The motion passed unanimously. CONSIDER CERTIFIED ROLL OF APPRAISED VALUES & TAX RATE CALCULATIONS City Manager Pines stated this is the matter of the certified roll of appraised values and the effective tax rate wIculations. Patricia Allen Director of Finance, stated the first page is a copy of the certification of values provided by Mr. Cook of the Appraisal District. Total taxable value is $366,567,830. The second page is a certification of the percentage of collections, and you will notice that he has projected there will be 100% collection. The way that you calculate this figure is, you add your current property tax collection and your delinquent property tax collection, penalty and interest and cumulatively you compare that number to your total levy. In the past, we have collected 100 %. This number is important when you do the projected tax rate calculations. If you estimate that you are going to receive less than 100% of the levy, then that increases your effective tae rate. Historically, our average has been right at 100% so there is no adjustment to the effective tax rate or the collection percentage. The next page Mr. Cook has provided is a list of some of the new properties. There was a $5,000,000 decrease in the evaluation to the property. There was $3,676,790 worth of additions to the tax rolls which means there was a $10,000,000 decrease to property values to properties that were already on the rolls. And, just for your information, we have asked them to provide a summary of where those additions came from. Mayor Hodges asked how the new additions compared to previous years m that should have a reflection on the economy in general. Do you know what that number was a year ago. Patricia Allen Director of Finance, stated her best recollection was that was $2,500,000. Councilmember Green asked if this property is all in the city limits. Patricia Allen Director of Finance, stated, "yes ". The next several pages is actually the calculation of the effective tax rates. The first two pages is a copy of what will be published in the newspaper. The effective tax rate calculation for fiscal year 92 -93 will be .39258. The rollback rate is .40826. The rate necessary to pay the debt service is .16957. The debt service number would actually be higher but because of a decision to pay a portion of the debt service on that $2.5 million dollar bond issue from proceeds from the bond that adjusts that number at the approximate level that's been collected every year. This report requires no formal approval or action by the Council. It is for your information and it will be included in the budget packet/session. CONSIDER FUNDING PROPOSAL FROM HUNTSVILLE ALCOHOL & DRUG ABUSE Mayor Hodges stated this is to consider a proposal from Huntsville Alcohol and Drug Abuse (H.A.D.A.P.) to continue funding for fiscal year 92 -93 which is an addiction program for females. They are requesting $4,800. If you will recall, I am a member of that Board of Directors; therefore, I wont participate in the discussion nor will I vote. Councilmember Lange stated that all of the council had concluded that the City is on hard times now and we need to start tightening our pockets on all expenditures. Even though this project is an extremely good project, and if you will go back to page 8 of your agenda you will see where we have collected taxes for revenues to date (mixed drink tax of $27,498) so we are getting revenue in the city for alcohol. I would highly suggest that we fund this project but we reduce it by half and fund $2,400. Councilmember Lange made this a motion, with a second by Councilmember Green. Councilmember Gaines stated that she agreed this is a fine program. As was stated, we are trying to cut budgets in every way possible and trying to reduce staff. I feel uneasy about doing this since we are trying so hard to cut our expenses in every way. I recognize the fact that we are allowed to do this because of their income. It is a fallacy in a way. We sell the liquor and then turn around and use the money to take care of those who have become addicted to it. But, they do have United Way and other sources they use to be treated. I believe the county does pay some on this (housing space). That is my only reservation. It is a worthwhile program; however, it seems according to their records they have only 15 people in the program. Mayor Hodges stated that they literally see hundreds of people. CITY COUNCIL MEETING OF AUGUST 18, 1992 92 j; request for the percentage of what revenues me generated. Mayor Hodges stated that the revenue goes into the general fund. The whole H.A.D.AY program is run on less than $50,000 per year. They get a substantial amount of money from United Way and get around $12,000 or $15,000 from the Hospital District, and between United Way and the Hospital District that is probably 60% or 65% of their total budget. J.D. Schindler Director of Community Development, stated that the number of people (15) is not necessarily their total load. What this is, is a calculation of what it costs to treat. This donation of $4,800 basically says they can treat 15 people. I just wanted to clarify this issue. If you look at the assessment of cost per client, it is $320 x 15 which comes to $4,800. Councilmember Green stated his concern about this is it is basically a medical condition. I am not sure that it is appropriate for the City to get involved in medical issues. I think it is certainty something that maybe the hospital, United Way or things like that should fund. But, I am not sure that this particular medical issue is any more appropriate than any other medical issue that the City might look at. I have no problem with what they are doing I am just not sure that it is within the scope of what we should be doing in the City. Councilmember Robinson asked, is this program working? With this, the Mayor stated, yes, they are salvaging lives. Councilmember Lange stated, if everybody else would like to table this issue until we receive more information, I would in agreement. Mayor Hodges stated, I think we can go ahead and handle this tonight. Councilmember Knolls stated, I would like to see us fund the whole thing. Mayor Hodges stated, we have a motion on the floor to fund $2,400 and we have a second to fund $2,400. So, based on that motion, all in favor please say aye and opposed nay. NO Councilmember Robinson stated he was undecided; therefore, his vote will be reflected as a "nay ", and Mayor Hodges abstained per Huntsville's City Charter. The motion passed 4 to 1. RETURN TO AGENDA ITEM #4, BID NO. 89.08 -01 City Manager Pipes stated the bid has been reviewed and is below the estimated cost of $146,000. Mayor Hodges stated, we have a motion to read it out laud and then consider accepting it if it is under budget. Citv Manager Pipes stated, the bid as offered is $143,971.50 by Robert Earl Amery Construction, Co. This bid also covers the lighting in terms of replacement of the poles and lights and conduit. At this point, Councilmember Knolls asked that the arithmetic be checked before voting. Patricia Allen, Director of Finance, was requested to check all figures. CONSIDER CULTURAL PLAN CONSULTANT REQUEST City Manager Pipes stated this is a request from Mrs. Pam Anisman, Cultural Plan Consultant, concerning transferring $2,000 from the amount that is allocated for third party contractors to cover costs of publication of the final cultural plan document. Councilmember Gaines made a motion to approve this request with a second by Councilmember Green. The motion passed unanimously. CONSIDER LANDFILL SALVAGE CONTRACTOR REQUEST Mayor Hodges stated, a letter has been provided at your places from Angela Galloway, Landfill Salvage Contractor, who is asking for relief from the City monthly bid that she submitted for $316.16. As you will recall, our minimum bid was $200.00 per month. It is my understanding that Mrs. Galloway has paid through July, but the August payment has not been received by the City. The letter bothers me a little bit. When you get down to about the fourth paragraph, she says, "I suspect that the thieves !, are city employees at the dump ". That bothers me. We have a bunch of good folks working for the city and I resent the fact that our employees are being accused of stealing. At our dump, like many dumps in this country, there is no security. There is a three strand barbed wire fence or something so anybody can go in and out of that dump pretty much at will at night. But that is my personal feeling in regards to that comment about the city employees. I don't like it. If, in fact, the city would like to grant a little relief on that, it would be my suggestion that the relief be granted for six months and then we go back to the minimum amount that we had advertised for, $200.00 per month. Councilmember Lange stated that he concurred with the Mayor on his feelings about the city employees. The one sentence that bothers me is, "I hesitate to call the police ". But, I we a letter was given to us making accusations and that is public record. I would think that it would be better to call the police than make statements like this to the public that somebody is a thief. Second of all, in our discussion last year, I made the comment that I didn't want this project to come back to city council and ask for money from us to grant this, and this is basically what we are doing now. We are changing the contract. I emphasize this point over and over and over again. I guess I go along with the Mayor reducing to the low bid or minimum but I don't go for anything more than that. Councilmember Robinson stated, I get two different messages from this letter. This is a request to waive the contract 1 CITY COUNCIL MEETING OF AUGUST 18, 1992 BOOK "R" 93 _ fee and -their the letter t t monthly - Councilmember Gaines stated I would also like to say it is unfair to make accusations when the word is, "I suspect ". That is not any concrete proof whatsoever and I think it is unfair to our employees to in those accusations and I resent it. Councilmember Green stated I can't remember all of the specifics of the contract and I didn't have time to go back through it. The general provisions of the contract was the city's minimum acceptable bid of $200.00 and Mrs. Galloway bid $316.16. She was the only bidder. I would be reluctant to waive the whole fee because essentially what we may have done by putting the $200.00 minimum there, we may have prevented some other people from bidding who otherwise would have. If we reduce it at all, I would say we reduce it to no less than $200.00 with a cutoff point. Certainly I would not suggest waiving it to zero unless we just voided the whole contract and went out for rebid and set no minimum bid. Councilmember Knotts stated I feel like all of this was thoroughly discussed when opened for bid and bidders were aware of all circumstances and I would not be in favor of changing the contract at all. Mayor Hodges stated he thought this was a unique case since it was a trial on salvage at the landfill and we need to try to give it our best shot and make it succeed. Councilmember Green stated he would be willing to make a motion that we reduce the fee to $200.00 for a period of six months (effective August 1, 1992) and at that time it would revert back to the original bid of $316.16. Councilmember Lange seconded the motion. The motion passed unanimously. RETURN TO ITEM #4 BID NO. 89 -08 -01 City Manager Pipe stated that the math did work out to the bid of $143,971.50 and bonds are accompanied. This is the only bidder. Councilmember Green made a motion to approve this bid with a second by Councilmember Gaines. The motion passed unanimously. CONSIDER LIGHTING PROJECT FOR FOREST HILLS City Manager Pipes stated this was actually not a proposal, it was in fact a rejection of the last status that we sent back to Gulf States. Council will remember, I believe it was in May, that we had an initial proposal of overhead construction to provide lights in Forest Hills Park on the three corners of Willow Bend, Pine Valley and where the two streets come together. The condition of that was an easement granted by one of the neighbors on the east side but to come through from the power source from the rear of the lot, that permission is not forthcoming so they came back again and there was an increased cost to $4,059 for overhead construction from the back of the Terrell Hoage residence adjacent to the cross street to the park corner and then go underground and serve the park trenching within the triangle itself to install the electrical. The council considered that and decided it would be preferable to have an all underground construction proposal because all the utilities in that subdivision are at the rear lot. Stringing an overhead line part way and then going into the park to underground would be somewhat defeating the purpose to replace the rear lot line. That is the nature of the letter you have before you. Apparently they cant get from the back of that lot to the comer because of drainage structure problems. The questions is, do you want to proceed with lights at Forest Hills Park. Second, are you willing to spend $4,059 to accomplish that and since it was an unallocated project, not specifically budgeted, it would mine from the unallocated reserve and do you want to tackle it now or do you want to put it in with all of the remaining projects. Mayor Hodges stated he would like to refer this to the Parks Board who has the expertise and can determine if this park needs to be lighted. We have some daytime, nighttime and combination parks. I would like your consensus for the Parks Board to review and come back to council with recommendations. They have a couple of other issues they need to get back to us on anyway. Councilmember Knotts requested that Boyd Wilder, Public Utilities Director, look into this and we if we can't make the board ourselves. There was a consensus of Council to approve Mayor Hodges recommendation. CONSIDER PROPOSAL OF MINORITY RECRUITMENT Mayor Hodges stated this is a proposal to encourage recruitment of minority applicants for employment in the Huntsville Police Department. City Manager Pipes stated Hank Eckhardt, Chief of Police, has provided a memo that was loose in your packet It was not part of your packet because we didn't get it time to get it incorporated. But, it is available for your review. The Chief of Police will outline the proposal. City Attorney Bounds has checked the legality of such a proposal and finds no objectionable case law or circumstance that would present this type of proposal from going forward if it meets with Council's pleasure. Police Chief Eckhardt stated this is realty a very simple and straightforward proposal. The police department has had difficulty in the past in recruiting minority applicants in police officer positions. I noticed that some other departments were paying their employees for every applicant that was hired that an employee had recruited and playing off of that idea, we came up with this proposal. Houston, Dallas and San Antonio have the resources where they actually have people who go out full time and do recruiting. We don't have that resource, obviously. Our best resource is our own employees. So, we came up with this idea CITY COUNCIL MEETING OF AUGUST 18, 1992 BOOK "R" officer. It is our intention to have a department that reflects the ethnic makeup of the City of Huntsville. It is a reward system! for any employee that assists in this action. Again, our employees are the best example for anybody to be employed with the'.I ' Huntsville Police Department, so I would request that we would allow someone who asks recruiters of minorities who is hired and; goes through the police academy successfully and meets our on -the -job training that that employee would receive two days off! with pay as a reward.. Mayor Hodges stated, you have a proposal from the Chief of Police in regards to minority recruitment. What is thc'I pleasure of council? Councilmember Knotts stated he didn't agree with the proposal. The opportunities are there. All the people in'j Huntsville know we want to recruit minorities and Iwonder what the long -term effect would be if those recruits would feel Iikc �'l prima donnas after they got into the force. It just strikes me wrong that we have to bribe people. The job is there, it is a good'd. paying job and everybody in town knows it is open to anybody who qualifies for it. Police Chief Eckhardt stated, you are right and I understand your feelings. The other side of that coin is in our nation today police departments around our nation have come under court orders that have mandated the way they will hire people and we would not like to we something like that happen in Huntsville. I agree with what you are saying. We do have good salaries, we do have a good place to work, good job benefits and I think if a person is interested in being in a law enforcement career, Huntsville is a good place to work. But, the fact is that it has been difficult for us to get minorities in our department, and we have tried. This was just an idea to encourage all of our employees to get involved in the process. Councilmember Green asked. How many positions are we talking about here. Generally about two, stated Police Chief" Eckhardt. So, we really are talking about possibly 4 days of vacation. So, we really are not talking about a whole lot of people, a whole lot of positions or a whole lot of expense. I don't have any problem with this proposal. I make a motion that we approve this proposal Councilmember Lange seconded the motion. Councilmember Robinson asked where the training will take place. Police Chief Eckhardt stated that we had been doing our academy training through Harris County at their facility in Humble. Councilmember Robinson stated. Do we we representatives there to see that we have a pool of officers of ethnic ' background that comes out of that academy? Mayor Hodges stated our biggest area of recruit is the Criminal Justice at Sam Houston. Police Chief Eckhardt stated that we are also in the process of sending out Byers to the junior colleges and the colleges that have criminal justice programs. Councilmember Lange stated he would like to make an amendment to Councilmember Green's motion as follows: after one year that council review the success of the program. Councilmember Green stated it was acceptable to him to amend his motion in this manner. Councilmember Green stated. I would guess that you would keep records as to the number of contacts made, success or not success. Police Chief Eckhardt stated, yes. I would like one clarification before the vote. After a year, does this go for a review before the personnel committee or is it then an evaluation for continuation of the program or to discontinue the program? Councilmember Lange stated since I am a member of the personnel committee, I would like for the personnel committee to review it and if they so feel fit they will bring it back before council for consideration. Mayor Hodges stated, we have a motion and a second. All in favor please say aye. Opposed by like sign. NOTE: Councilmember Knotts voted "against ". The motion passed 5 to 1. SUPPLEMENTAL ITEM CONSIDERATION Mayor Hodges stated. We have a supplemental posting which has been placed at everyone's place. This is consideration of the Willow Street right -of -way question and access to I. McMillan property. This was discussed last week and was tabled for this week. City Manager Pipes stated we did discuss this last week, we had a map at that time indicating the proximity of the cemetery, the apartment project, Magnolia Street, etc., and gave the council a good explanation of the situation. I would make the recommendation based on analogy that I think is somewhat common in our experience at the present time. Willow Street Tight-of-way exists and needs to be preserved by the City of Huntsville as a right -of -way in which to build a street. However, no street exists or has existed at that site. In fact, neither did travel or was travel permitted on the hardy toll road before it was ! finished. The right -of -way was acquired sometime before, then the construction took place and then it was opened for public access. But, nobody had access to the property until such time the road was completed. I think it is a hazard to travel. I think ',' CITY COUNCIL MEETING OF AUGUST 18, 1992 BOOK "R" 95 the riam thing, in , is to discourage its use as much as possible. Now, r la necessary Mat access be marmanned to that cemetery although it has occurred only one time in the past several years, 10 years to my recollection, but I don't think there was any implied circumstance when this individual acquired the property. He bought it at a tax sale in 1988, it was not useable access at that time, it has not been useable access for at least two years, by all indications it has been blocked by mounds of dirt and I think at this point and time it is not incumbent upon the City of Huntsville to provide access by public right -of -way to any tract and property that was bought when the land was blocked in the first place. It is my recommendation that the obstructions to impediments to travel be maintained and the city maintain the right -of -way and can hopefully be a functional street at some point and time. I don't believe it is desirable for us to open the street for any one individual. You can access the gate to the cemetery. Mayor Hodges stated, you have a recommendation from the City Manager. City Attorney Bounds stated, if council takes no action everything is left status quo. Consensus of council to take no action. MAYOR'S ACTIVITY REPORT Mayor Hodges reported that he had met with the Economic Network Group for lunch yesterday and had met with the department heads of Sam Houston and the Prison, County and Hospital Districts in their monthly meetings. Since there was nothing significant to report, we will move on to the City Manager's Report. CITY MANAGER'S REPORT • GENE PIPES DONATION OF ART WORK: ,I City Manaeer Pipes stated, we have been notified of an anonymous donor who wishes to provide funds to the City of ICI Huntsville to do another slide show by David Carpenter such as was done of the downtown documentary and shown back in July in conjunction with the celebration of the Phase I completion. We don't have any specifics. Linda Pease has been out of town on vacation this week. I don't know if she or anyone else knows the donor. The individual wants to know if the City is receptive �! to such a donation and project. (I Councilmember Green asked. This person wants to make a donation to the city rather than directly to Mr. Carpenter ?�!i City Manager Pipes answered, yes. Councilmember Green made a motion to accept this donation with a second by Councilmember Knotts. Councilmember Knotts asked if there were any conditions to this donation. Dale Brown, Director of Planning and Zoning, stated the only condition he was aware of was that David Carpenter do the slide show. Councilmember Knotts then stated I would accept it if we have no obligation to match funds or add anything to it. J. D. Schindler Director of Community Development, suggested that the money for this project be under the direction of the Arts Commission and let them review the proposal, what strings there are and commitment. l Councilmember Green then stated. My motion, as I made it, be to give a tentative OK subject to approval of the Arts Commission for this project. Councilmember Knotts agreed to this amended motion as a second. Councilmember Tanee stated. We are receiving this project after he finishes it and nobody else is going to receive it.� If it doesn't meet the Arts Commission's and the City Council's approval after it is finished, it's going to be put in somebody's desk drawer. I don't have any idea why it would be unacceptable. Mayor Hodges stated, I would suspect that someone was so impressed with the presentation they saw at the downtown dedication that they decided they would like to do more of that kind of work in the city. I think it is a generous offer and a generous donation and I think we ought to accept it. Councilmember Green then stated. I would make the motion to accept the money and then let the Arts Commission at least review the project and make a recommendation to Council as to the specifics of it (final motion). Councilmember Knotts added, this meets with my second. The motion passed unanimously. PACE PROPERTY ON AVENUE M: City Manaeer Pipes stated the second item is a recent tax sale on property on Avenue M which is adjacent to and encroaching on a drainage channel coming down from University Avenue to Avenue M and across and under Avenue M. A house sits over the area and is subject to flooding. The concern is with the tax sale, owner /occupant/rental property or whatever else. We would encounter the same problems of not being able to improve the drainage way. For the purchase price of the property, it is the staffs recommendation that the city purchase that property from the other taxing entities for the use of drainage at a cost of $600.00. lj Mayor Hodges stated. You have a recommendation from the City Manager to purchase this piece of property for the price of $600.00. Councilmember Knotts made a motion to approve this recommendation with a second by Councilmember Lange. The motion passed unanimously. it CITY COUNCIL MEETING OF AUGUST 19, 1992 BOOK "R" 96 efFY None. - j MEDIA INQUIRIES �! ' None. ADJOURNMENT II MaVor Hodees adjourned the regular session to recess to a Budget Work Session (Item No. 16 on the Agenda) at 6:15 P.M. We will reconvene in the Conference Room. Melba By rs, City Secretary 1