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MIN CC 04/06/1993CITY COUNCIL MEETING OF APRIL 6, 1993 BOOK "R" 182 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF APRIL, 1993 IN THE CITY HALL CONFERENCE ROOM, 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 Officers: Dan S. Davis Harold L Norton Gene Pipes, City Manager Ronald L Lange JoAnn Matthews Scott Bounds, City Attorney William B. Green Ila G. Gaines Donna Welter, City Secretary Jim Cuter Dave Liming CITIZEN INPUT/INQUIRY Dr. Lukaszewski. He stated that the citizens of Forest Hills are anxious about what is happening to their subdivision. The citizens have four basic objectives -- 1) safety, 2) pollution and noise nuisance, 3) physical environment and 4) property values falling due to the development. He stated that he would come back to Council in the next few weeks to present specific proposals on these four objectives. Mrs. Mooney. Mrs. Mooney stated that she has a petition with 51 signatures requesting a stop sign on Eastham at Elmwood. She stated that Eastham has become a speedway and there is some prohibited truck traffic using Eastham from the service road to Highway 75 North. Mrs. Mooney asked City Council to consider the citizens request for stop signs along Eastham. Mayor Hodges stated that he would defer the stop sign issue to staff for recommendations, amd would have the Police Chief place extra patrol along Eastham to enforce the speed limit and truck route laws. Michael King. Mr. King stated that he is a student at Sam Houston State University and a member of the ROTC program. Because of his dedication and love of our country, he has a hard time understanding that all Americans are not morally ' committed to protecting and preserving the beauty and quality of life for ourselves and future generations. Mr. King stated that he was disturbed that the City of Huntsville offers almost no protection from the sensitive commercial development, and the policies of the City are threatening the quality of life in Huntsville. He feels that economic development can come without environmental devastation. Mayor Hodges stated that the City over the last five years has given away in excess of 25,000 trees to be planted by its citizens, and park development has been substantial in the last few years. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. Invocation by Reverend Russell McLaughlin, Youth Minister, Church of Christ. CONSIDER THE MINUTES OF MARCH 23, 1993 Councilmember Gaines made the motion to approve the minutes of February 16 and 22. 1993. and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously PRESENTATION ON THE STATE OF THE MUNICIPAL COURT, YOUTHFUL OFFENDER AND TEEN COURT Judge Delong stated that he appreciated the increased administrative support that the Municipal Court has received; Mr. J. D. Schindler and other have contributed a great deal of time in the past six months. Judge DeLong stated that he and Mr. Schindler went to a workshop in Odessa for training on Teen Court. Municipal Court then began a program for Young Adult and Teen Court Persons 20 years old and younger and are first time offenders have the opportunity to go to Young Adult Court. High School age students participate in Teen Court. Full time practicing attorneys serve as the judges and the young people serve as the lawyers in the proceedings. Training sessions have been held for the 'lawyers ". Jurors are college and high school students. The sentences in the Young Adult Court are 10 -70 hours of community service and one to four future juries, written punishment (essay), or attendance at a course (alcohol awareness, etc.). Guilt or innocence is not an issue - only those pleading guilty are '- involved in the program. The general philosophy of the program is to empower young people to make decisions about others. The jury service is as important as the community service and other punishments. - Eventually this program will not be a City of Huntsville program, but a community program. The Business and Professional Women have volunteers who help with the program. A lot of support has been given by J. D. Schindler, Pat Graham, and the lawyers who are serving as judges. Those helping with the program feel that it is having a positive impact on these high CITY COUNCIL MEETING OF APRIL 6, 1993 BOOK 'R" 183 school and college age students. t 'f Mayor Hodges stated he thought it was a great idea and felt the Court should continue with the program. Councilmember Gaines stated she had heard positive comments about the program. - Judge DeLong stated that he would furnish Council with a list of the Teen and Young Adult Court dates. RECEIVE REPORTS AND RECOMMENDATIONS FROM ADVISORY COMMITTEES AND GOVERNMENTAL ENTITIES RELATIVE TO REVIEW ASSIGNMENTS OF ELEMENTS OF THE 2020 CULTURAL PLAN Mayor Hodges stated that the City has received many of the reports and recommendations from various boards, commissions and other entities on the 2020 Cultural Plan and recommends that a dedicated work session be scheduled. Mr. Pipes will check with the members of Council and a date will be scheduled. Councilmember Carter asked if the members of the boards, commissions, etc. will be present at the work session and Mayor Hodges stated that they would be advised of the date and invited to attend. Councilmember Carter also stated that the Parks Board had stated in their report that many of the items given to them were not their function and suggested that these items be given to the appropriate board for recommendations. Mayor Hodges asked Mr. Pipes to re- assign these items. CONSIDER RESOLUTION 93 -04 -06.1 AUTHORIZING TRINITY RIVER AUTHORITY OF TEXAS TO INCREASE TILE AMOUNT OF THE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CONTRACT OF FEBRUARY 24, 1993, DUE TO CHANGE IN ESTIMATES OF PROJECT COSTS BY ENGINEER Councilmember Green stated that as a result of the re- engineering that had to be done relative to the sanitary sewer �I facilities, the estimates were above those estimated for the original T.R.A. contract. A new resolution requesting the correct amount ($3.9 million) is included in the packet and does need approval. The increase is due to some requirements incurred by the Texas Water Development Board and E.PA. for the sewer plants (replacement of equipment, etc.). The original estimates had been made on permitting atone. Also, the McGary Creek lift station had extra depth on the wet well due to the geography, ' amd $300,000 is requested to be added by the TWDB as an additional contingency fund. Couacilmember Green made the motion to approve Resolution 93- 04-06.1 authorizing Trinity River Authority of Texas to increase the amount of the sanitary sewer system facilities installment sale contract of February 24, 1993, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RECOMMENDATIONS OF TIIE FINANCE COMMITTEE, STAFF AND FINANCIAL ADVISOR CONCERNING SOLID WASTE DISPOSAL FACILITIES FINANCING OPTIONS !j Councilmember Green stated he and Scott Bounds had met with Tim Merriweather to discuss the possibility of meeting with the Finance Committee tonight and making recommendations. It was not feasible to have the recommendations ready at this short notice and will be postponed until the April 20 meeting. CONSIDER ORDINANCE 93- 04 -6.1, CERTIFICATE OF OBLIGATION CLAIM AND DELIVERY FOR A BACKHOE FOR THE PUBLIC WORKS DEPARTMENT (STREET DIVISION) TO MUSTANG TRACTOR AND EQUIPMENT IN THE AMOUNT OF $27,971, AT 4.98% INTEREST AS BID BY DONNIE WELLS I Councilmember Gaines made the motion to approve Ordinance 93 -04 -6.1, Certificate of Obligation claim and delivery for a backhoe to MustanZ Tractor and Equipment in the amount of $27,971, at 4.98% interest as bid by Donnie Wells, and It Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. I� CONSIDER A PROPOSED CHANGE IN THE STREET RIGHT-OF-WAY MAINTENANCE POLICY TO DELAY MOWING OPERATIONS Councilmember Carter stated that wildflowers are aesthetically pleasing to current residents as well as visitors to our community. Councilmember Cartes made a motion to not cut wildflowers in the City deht -of -ways until they have gone to seed, and Councilmember Green (for discussion) seconded the motion. Councilmember Green asked if this was not to mow the wildflowers or not to mow the right -of -ways. Mayor Hodges stated that it would be not to mow the right -of -ways. Mc Pipes stated that from a staff standpoint, it is difficult for an employee without any horticulture training to distinguish wildflowers from weeds on the seat of a tractor. There are several wildflowers that are distinguishable such as bluebonnets, but other are not as identifiable. Mr. Pipes stated that the City crews mow only one pass adjacent to the City streets and are instructed to not mow patches of wildflowers. Councilmember Green stated that he CITY COUNCIL MEETING OF APRIL 6, 1993 BOOK 'R" 184 recommends that the right-of-ways be mowed and the drivers be asked to use their best judgment to leaving vistas of wildflowers Mayor Hodges stated that this is the current City policy. Councilmember Davis asked about how much area is being discussed. Mayor Hodges stated that one four to five foot wide pass on the right -of -ways is mowed. Councilmember Lange emphasized that the City does not mow the Interstate corridor or Loop 19 wound the City. Councilmember Carter suggested that the City does have a horticulturist on staff who could identify and mark places where the wildflowers are located. This would eliminate employees trying to identify wildflowers while mowing. Mayor Hodges stated he would vote against the motion because the policy in place is good. Councilmember Carter withdrew the motion and Councilmember Green withdrew his second Councilmember Carter made the motion to have David Zellar, City Horticulturist identify sections in City right -of -ways j where there are wildflowers which will bloom and go to seed and to not mow those sections The motion failed due to lack of second. CONSIDER A REQUEST TO DISPOSE OF LAKESHORE AREA CLEANUP SOLID WASTE AT NO FEE FOR 1992 AND 1993 Mr. Pipes stated that Trinity River Authority has paid the bill owed to the City from the City of Riverside for a clean -up I i campaign along the Trinity River last year. T.R.A. has stated that Mr. Sumner needs to apply to the T.R.A. for assistance under Senate Bill 818 to help defray the disposal costs in the future. CONSIDER BIDS 1. #93 -01 -02 - 11th Street and Avenue O sewer line relocation for Jif -E -tube to Elliott Construction in the amount of $16,172.70. Councilmember Davis made the motion to approve Bid #93 -01 -02 11th Street and Avenue O sewer line relocation for Jif- E-Lube to Elliott Construction in the amount of $16.172.70, and Councilmember Norton seconded the motion All were in favor except Councilmember Carter. The motion passed 8 -1 Councilmember Davis asked if staff was going to increase the turn radius at the corner. Mr. Schindler stated that Gulf States is going to give the City an estimate to move their power pole located at that corner and staff would provide that estimate at the next meeting. Councilmember Cuter stated that be does not feel that is an appropriate location for a business of that sort. 2. #93 -01 -04 - Pizza Hut area sewer line creek aerial crossing to Brazos Valley Utilities in the amount of $15,449.40. Mr. Pipes stated that due to the shift in soil in the creek, staff was recommending that the line be moved from under ground to aerial. Mr. Wilder slated that the type of structure plmmed should solve the problem. This is a 10" main that collects sewer up 19th Street and Avenue S and comes through the line behind Town and Country Cleaners. Councilmember Gaines made the motion to approve Bid #93-01 -04 Pizza Hut area sewer line creek aerial crossing [o Brazos Valley Utilities in the amount of $15,449.40, and Councilmember Matthews seconded the motion. All were in favor and the at otion passed unanimously 1 Eastham- Thomason Park, Playground Equipment - one bid received and not opened. 4. Eastham- Thomason Park, Bridge Project - one bid received and not opened. Mayor Hodges asked staff to open these two bids and bring recommendations back to Council at the next meeting. S. Airport Corporate Hanger water line to Brazos Valley Utilities in flit amount of $8,415.29. Councilmember Davis made the motion to approve the bid on the Airport Corporate Hanger water line to Brazos Valley Utilities in the amount of $8,415.29, and Councilmember Norton seconded the motion All were in favor and the motion passed unanimously. Councilmember Norton asked why the original estimate was much higher than the actual bid. Mr. Wilder stated that the original estimate included electrical, water and sewer; this bid is for the water only. Council chose not to put sewer at that location. 6. #93 -27 - Sewer Flow Measuring Devices to Pan -Tech Controls in the amount of $5,990.00. Councilmember Davis made the motion to approve Bid #93 -27 sewer flow measuring devices to Pan -Tech Controls in the amount of $5.990.00, and Councilmember Ganes seconded the motion All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF APRIL 6, 1993 BOOK "R" 185 r _ CONSIDER DISPOSAL OF NINE PAGERS AND CHARGERS BY INTERLOCAL AGREEMENT WITH WALKER COUNTY ' The City has received a letter from B. 7. Gaines asking for these pagers and chargers to try to rehabilitate them and use them for volunteer firemen in the County. Councilmember Norton made the motion to approve the disposal of nine pagers and chargers by interlocal agreement fl with Walker County and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A REQUEST TO IMPROVE DRAINAGE IN A PROPOSED EASEMENT ON 10TH STREET Mr. Schindler asked that this item be postponed until the next agenda. CONSIDER AUTHORIZATION TO DISPOSE OF SURPLUS PROPERTY IN A MONTGOMERY COUNTY AUCTION ON MAY S, 1993 Mr. Schindler stated that staff would like to dispose of surplus property in the Montgomery County auction. The City has participated with them previously and it has worked well. Notice will be advertised in the local paper. CONSIDER DECLARING A POSITION VACANT ON THE LIBRARY BOARD Mayor Hodges stated that a verbal resignation has been given by Dermal Elmore of the Library Board. A replacement I., for Mr. Elmore will be addressed at a future meeting. CONSIDER A CONTRACT FOR A WORK PROGRAM WITH GULF COAST TRADE CENTER Mr. Wilder stated that the Gulf Coast Trade Center located in New Waverly is going to provide the City with workers to assist in several City departments. There will be no cost for these workers. Gulf Coast Trade Center will transport the workers to and from the Center. The City will be responsible for transportation to the job sites and any equipment or training required. Councilmember Matthews made the motion to approve a contract for a work program with Gulf Coast Trade Center, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimouslv. CONSIDER A CONTRACT FOR REGISTERED PROFESSIONAL SURVEYOR SERVICES WITH NEMEC AND ASSOCIATES, INC. Staff requested to withdraw this item for a future agenda. CONSIDER REALLOCATION OF PARK DEVELOPMENT FUNDS Mr- Wilder stated that staff is requesting the reallocation of park development funds. There is a current balance in the fund of $26,310 and it was set up for development of Thomason and Bush - Miller Park. Bush - Miller Park is completed with the exception of approximately $1,000. Staff is requesting to transfer $25,310 of these funds to the Thomason Park development ($8,500 is allocated for easements and $2,500 is allocated for the monument). The City currently has a Parks and Wildlife grant and requires the City match at 50 %. Councilmember Gaines made the motion to approve the reallocation of $25,310 in Park Development funds to the Thomason Park development, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Welcome Charles Robinson. Mayor Hodges welcomed the newest member of the Arts Commission, Charles Robinson. 2. Staffing at Police Department. Mayor Hodges asked the Personnel Committee of Council to research the staffing at the Police Department to see if additional officers are needed or will be needed with the new growth in the City, and bring that information back to Council. ' CITY COUNCILMEMBER ACTION - Boettcher's Mill Store. Councilmember Carter stated that a citizen had told him that the building has been entered and vandalized to some extent. He suggested that the City give the building to one of the organizations interested in restoring it. Mr. Pipes stated that the City has done soil sampling testing required by the State due to the fact that there are fuel tanks located underground, and is waiting on the results by the State to see if any soil excavation has to be done. Until the results iY are in and the soil cleared, the City cannot do anything with the building. CITY COUNCIL MEETING OF APRIL 6, 1993 BOOK "R" 186 Mayor Hodges asked staff to keep the Council up to date on the status of the testing. Lake Road Open Well. Councilmember Carter stated that a citizen had informed him that there was a deep open well on the , property on the hill on Lake Road. Scot[ Bounds stated that the property owner has pulled a permit and is in the process of sealing the well. Staffing of Police Department. Councilmember Carter stated that he hoped that if additional staffing is needed at the Police :. Department, staff will consider minority recruitment. He stated that a study may need to be done on the problems faced in hiring and promoting minorities. I� Forest Hills Development. Councilmember Carter stated that he has talked to several of General Motors' corporate executives and assistants. An executive of G.M. stated that Mr. Weisner is an independent operator even though he carries the G.M. name and G.M. does not have much leverage over Mr. Weisner about the property development. Councilmember Carter stated that he had talked to the contractor cutting the trees and he had agreed to leave a 50 foot buffer, but stated that he did not have control over the next contractor. A citizen informed Councilmember Carter that Mr. Weisner was planning to build a fence on the property line and use the easement property as part of his greenspace. IIe challenged City Council to represent the neighborhood and their concerns. Mayor Hodges stated that he had talked with Mr. Weisner and that Mr. Weisner has talked with about six residents of Forest Hills to date. He stated that the property has clearly been for commercial development since the subdivision was planned. E.M.S. Board Meeting. Councilmember Davis stated that he and Mr. Pipes had attend the E.M.S. Board Meeting. Through mid- year, the E.M.S. is within their budget, revenues are ahead of projections, and a new ambulance is scheduled for delivery. Minority Recruitment Councilmember Matthews stated that she felt this was the number one subject for the Police Department. , She stated that the minority recruiting should not only include blacks, but hispanics and others. 'I Forest Hills Subdivision. Councilmember Green stated that there were a lot of concerned citizens in Forest Hills, but that many citizens are content with the development. Some citizens feel that the car dealership would be better than what could have developed on this property. Police Department Councilmember Luning stated that he was participating in the Citizens Police Academy. He stated that he is impressed with the Police Department's professionalism, but does feel that more personnel may be needed. The recruitment program has been explained and minority recruitment is a very high priority. '.. Forest }Tills Development Councilmember Luning stated that he hoped that the City can negotiate with Mr. Weisner. He is concerned about the test drives through the subdivision. Walker County Rodeo. Councilmember Luning stated that he was very successful and won in the Ranch Hand Rodeo, Forest Hills Development. Councilmember Lange stated that he concurred with Councilmember Green in that not all citizens of Forest Hills oppose the car dealership development. He stated that ]he has attended several meetings in Forest Hills. Newspaper Recycling. Councilmember Lange asked the media to publicize the fact that there is newspaper recycling and aluminum can recycling set up at the corner of 13th Street and Avenue M. Library /Cultural Center. Councilmember Gaines stated: Over a quarter century ago, a group of dedicated citizens proposed and supported a local initiative to assist the City to , build a public library. The citizen groups that initiated this project called themselves "Friends of the Library." They sold memberships and campaigned tirelessly until their vision became a reality and Huntsville obtained a real cultural center piece for the coming generation. The historical events that have been (and continue to be) held in the Huntsville Public Library over the intervening years CITY COUNCIL MEETING OF APRIL 6, 1993 BOOK "R" 187 i are testament to the visionary leadership of the era of the early 1960's. 1 We must now summon the courage, vision and ideals of our predecessors and move forward with our own plans for a !i new center of culture for our community. Ours is not a spur of the moment flash of conscience. We have been researching, lplanning, discussing and refining this project for over ten years. Deliberate, measured action has been taking place for the past 'L three years and specific tasks have been accomplished and publicly reported on for the last two. We have held extended review :I and comment -input sessions with citizen groups and we've even held a concentrated two day event in October 1992 with the staff f of the architectural firm P.G.A.L. to define issues. The plans and ideals that have evolved are the cornerstone element of the 2020 fCultural Plan. Yes, many of the recommendations of the Cultural Plan can be implemented without new facilities, but not nearly '.� as effectively. Government's basic role is to provide those things that private individuals or groups cannot accomplish alone. The City � provides streets, utilities and parks because even collectively, volunteer private interests would find such [asks impossible. Traditionally, Huntsville has provided such facilities (and basic staff) for such activities and stepped back to le[ the volunteers and i� groups carry out the programs. This is what has kept our tar rate so low and this is the theme and spirit of the Cultural Plans' call for private endowment efforts and continued participation by the citizens in the cultural arena. The vision of a heritage park as a repository for historical buildings wrapping around the planned Cultural Center facility adjoining Eastham- Thomason Park i'. and crowned by a look -out vista among the old oaks on top of 7th Street hill is just the sort of visionary planning that would inspire the entire spectrum of our community's diverse cultures to become partners in a generational investment in basic facilities We must not shirk this responsibility/opportunity and extinguish the spirit of legacy given to us by our "Friends." The City has private gifts and property pledged to such a project of approximately $250,000 from the W. S. Gibbs Estate Trust. We already have the Eas[ham- Thomason Park (donated 34 acres) project underway with a matching Parks and Wildlife �'.'.. development grant of $125,000. An additional grant from the Texas Library Foundation of $200,000 is expected when a commitment to the Library is forthcoming. The City has earmarked $72,500 in local funds to purchase an adjacent 25 acre parcel �! from the F.D.LC The sum total of grants, gifts and property already in place for the project is approximately $775,000. This t "seed" money is a great star[ to a carefully conceived plan that the citizens will now also endorse. P.G.A.L. architects have estimated the cost of the proposed 18,000 square foot Library, a 10,000 square foot area meeting room, exhibit and activity center and a 300 seat performance-lecture facility will cost $3.7 million to construct. This '. investment in the future of our community is a project that the citizens will strongly support because it is an investment in our youth and ourselves. Huntsville's community pride always arises to meet a challenge. We don't want a second rate library nor do we want to continue to rely on others (a generation later) for what we recognized long ago as an imposition. The City has reduced or maintained a static ad valorem tax rate for over ten years. We have already refinanced our outstanding ]sigh interest debt and offset expenses to maintain a $3844 per $100 assessed valuation for six consecutive years. A more positive economic picture is emerging now with new commercial projects in the offing and regional jail facility underway that will yield hundreds of new jobs. A new day is dawning and now is the time for us to invest in our communities basic facilities in order to catch the wave of growth, prosperity and progress at the lowest interest rates in decades. The expected $.07 ad valorem 'i tax rate increase for debt service retirement will still position the City as the lowest tax bargain among the local taxing jurisdictions. This is a win, win, win, win scenerio for our citizens. We respectfully solicit City Council's full and unqualified support of a June 19, 1993 general obligation bond referendum election date and authorization to proceed as necessary to formally call such at the Council meeting of April 20, 1993. Your favorable action on this matter will be appreciated by citizens for years to come" Councilmember Gaines made the motion to solicit City Council's full and unqualified support of a June 19, 1993 general obligation bond referendum election date and authorization to proceed as necessary to formally call such at the Council meeting S of April 20 1993 and Councilmember Matthews seconded the motion. Mayor Hodges thanked Councilmember; Gaines and Lange for their extensive work on this project, and expressed his support of the project. Councilmember Luning stated that he felt this was a positive move for the City economically, culturally and educationally, and supports the project. He has been checking with his constituents on their support and is finding some opposition. ' Councilmember Luning asked about the cost of the election and staff responded that the election will cost approximately $2,000 5 to $3,000. Councilmember Davis stated that he feels this project benefits the entire community. Councilmember Matthews stated that she feels it is up to Council to inform their constituents of the project and ask for ''. their support. Councilmember Carter asked about the cost of operation after the building is complete. Councilmember Gaines stated CITY COUNCIL MEETING OF APRIL 6 1993 BOOK R 188 that the utilities may cost less at the new facility than at the current Library, but that there is no way to calculate those fi gures _ at this time. Mayor Hodges stated that the Library will not require additional staffing at the new facility. Mayor Hodges also stated that two of the buildings could be rented out and earn revenues. Councilmember Carter stated he would oppose the referendum until furnished with final costs on operation of the building. Councilmember Luning asked if furnishings were considered in the bond issue. Councilmember Gaines stated that - tire furnishings are not included, but the current furnishings in the Library would be moved. There are several gifts and grants that could be used for furnishings. A vote was taken. All were in favor. except Councilmember Carter. The motion passed 8-1. MEDIA INQUIRIES i! Wayne Sorge asked about the legality of Pokie's Town Club selling cups and then giving away beer to avoid a liquor it license, and the issue of the building being close to a Church. Mr. Bounds stated that he has discussed the matter with the T.A.B.C. in regard to the location being within 300 feet of a Church and it is the tentative decision of T.A.B_C. that it is within the 300 feet range. Mr. Bounds also stated that if there is some subterfuge to avoid a permit, the matter would be discussed with i the T.A.B.C. ADJOURNMENT Danny Welter, City Secretary