MIN CC 05/25/1993CITY COUNCIL MEETING OF MAY 25. 1993
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MELTING HELD ON THE 25TH DAY OF MAY, 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:
Councilmembers: 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 Dianna Welter, City Secretary
Jim Carter
ABSENT: W. H. Hodges, Mayor
Dave Luning
CITIZEN INPUT/INQUIRY
Randall Todd. Mr. Todd stated that he is against the development of the new Wal -Mart store because there are so many
empty buildings in town. He is against the destruction of the land.
Lucille Mooney. Mrs. Mooney stated that although the traffic counts on Elmwood at the intersection of Eastham are
low, it only takes one car and one child to cause a fatality. She requests that Council consider her request for a four way stop
intersection at this location for the safety of the children.
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REGULAR SESSION • CALL TO ORDER
Mayor Pro Tern Green called the meeting to order_ Invocation by Reverend Clarence Griffin.
CONSIDER MINUTES OF MAY 4, 1993
Councilmember Gaines made the motion to approve the minutes of May 4 1993 and Councilmember Matthews
seconded the motion All were in favor and the motion passed unanimously. NOTE: Mavor Hodges and Councilmember Luning
were absent.
917ENDING CITIZENS
L Consider a request from Joreen Waddell, Health Fair Coordinator, to use the Martin Luther King Center for African
American health screenings on Jlme 12, 1993.
Councilmember Gaines made the motion to approve the request to use the Martin Luther King Center for African
American health screenings on June 12, 1993, at no charge, and Councilmember Matthews seconded the motion. All were in favor
and the motion passed unanimous]
2. Mr. Carroll Joe Heaton, Highway 75 North, to discuss application of the livestock ordinance to his property.
Mr. Heaton stated that his property is located at the intersection of Highway 75 North and FM 2421. He stated that
his father bought the property in 1961 and developed much of the land into a subdivision. He himself bought more adjacent land
in 1966. At that time, the property was not in the City limits. He has had livestock on the property since before his father bought
the land in 1961. He feels that his property should be grandfathered in reference to the livestock ordinance which states: "a
person commits an offense if he intentionally or knowingly keeps or maintains with the City limits livestock or fowl within one
hundred and twenty -five feet of a private residence that the person has no right to occupy." He stated that he owns the property,
pays his taxes, owned it before the property was annexed into the City, and feels that lie has the right to occupy it with livestock.
Mr. Bounds stated that this ordinance is in the Animal Code and is enforced on a complaint basis. He stated that the
when the ordinance was passed the land was not grandfathered, and it was enacted to move livestock out of neighborhoods. Mr.
Bounds stated that options would be to change the footage requirement, limit the number of livestock, ale. The matter could also
be addressed by more detailed zoning.
Councilmember Norton made a motion to table application of the livestock ordinance relating to Mr. Carroll Joe
Heaton's property, and Councilmember Davis seconded the motion.
Councilmember Davis stated that he felt Council needed additional information relating to the basis of the complaint.
A vote was taken All were in favor and the motion passed unanimously.
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CII'Y_QQUNCLL— MMEEFING OF MAY 21993_ ---- _ _ ._ BOOK "R' __ - .199
�i 3. Consider a request from KA Fraternity, Mr. Jim Tiller, for sidewalk participation on 15th Street.
Mr. Pipes stated that the Fraternity is requesting City participation in replacement of sidewalk. There is currently a
retaining wall that the Fraternity is proposing to take out and slope the lot down to the sidewalk. There are a minimum of two
IJ and up to six trees that will have to be removed depending on the degree of the slope. Two cost estimates are available - Alt.
{! 1 is for the removal of 600 sf of existing sidewalk, installation of 750 sf 4" concrete sidewalk, 300 cy excavation, 150 If removal of
it wall, and one handicap ramp for a total of $5,088; and All 2 differs only that the 750 at of concrete would be red dyed with brick
pattern for a total of $7,563. The City's participation would be 50% of the cost. Mr. Pipes stated that the $750 for removal of
150 If of wall included in the estimates should be eliminated due to the fact that the retaining wall is completely on private
property.
Mayor Pro Tem Green stated that the City's cost for Alt. 1 with the deletion of the removal of wall would be
approximately $2166.
Councilmember Lange made the motion to approve Alt. 1 for sidewalk participation on 15th Street with the exception
of the removal of 150 If wall for an approximate City participation of $2100, and Councilmember Gaines seconded the motion.
Councilmember Carter stated that he has been by this location and doesn't feel that there are six trees that would
possibly need to be removed and doesn't see the two that the City is estimating to be the minimum. He doesn't feel there are
any trees that will have to be removed. The Fraternity has cut several trees and does not see the need to cut any more trees other
than maybe one volunteer tree.
Me Wilder stated that the trees that are in question are not due to the sidewalk removal, but pertain to the headwall.
The trees are in a high embankment and if the headwall is removed, the yard sloped, and dirt is removed, the trees will be in
jeopardy of dying.
Mr. Pipes stated that these trees are on private properly and are not subject to City policy on preservation.
A vote was taken. All were in favor and the motion passed unanimously.
CONSIDER A CONTRACT FOR DISPOSAL SERVICES WITH WASTE MANAGEMENT OF TEXAS, INC.,
BY APPROVAL OF ORDINANCE 93. 5.25.1 AUTHORIZING ITS EXECUTION
City Attorney Scott Bounds requests that Council take- no action on the Ordinance at this time_ He stated that he has
talked to Waste. Management and there are minor alterations that are proposed.
It appears that the EPA or Congress will extend the deadline for implementation of Subtitle D requirements at least
six months. This will allow the City to continue to use its landfill. There are some provisions in the Waste Management contract
that may need to be addressed relating to the delay. The contract will be postponed until Tune 8.
CONSIDER SCHEDULING OPTIONS REGARDING SOLID WASTE DISPOSAL
Mr. Bounds stated that since the implementation date for the Subtitle D regulations will likely be delayed until April
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II 1994, the City should delay the contract for solid waste disposal with Waste Management. [John Wright, SCS Engineers, is on
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'.! conference call with City Council] Mr. Bounds stated that the City should continue on the course with the financing, arranging
of the bonds for the closure and purchase of equipment, and continue developing specifications for transfer station.
Mr. Bounds stated that he, Mr. Pipes and the Mayor attended a meeting regarding the site location of the transfer
ICI station. Several cities commented on the 112 half mile rule. The Commission stated that new regulations would are pending.
Final rules are not suspected to be adopted until mid July.
Mr. Wright stated that relative to the Waste Management contract, he felt the City should put a clause in that allows
' the contract to be enacted when appropriate -- implementation date of Subtitle D or situation at current landfill. Relative to the
'j transfer station issue, he has concerns about delaying construction. He feels that the deadlines can be extended from two weeks
'J for the contractors to respond to four weeks. Also, additional time could be allowed for construction.
Mr. Wright stated that with the extension of these weeks, the City will not have a transfer station up mid running on
October 9. Mr. Bounds stated that his advice to Council was to allow additional time to the bidders.
Consensus of Council was to delay decision on bids for construction of the transfer station from June 25 until July 13,
thereby giving the contractors an additional two to three weeks in submitting their bid.
STATUS REPORT ON T.R.A. - WATER DEVELOPMENT BOARD FUNDING
j OF WASTEWATER SYSTEM IMPROVEMENTS
II Mr. Pipes stated that the City received a letter from the Texas Water Development Board confirming the Board's
authorization of $4,750,000 in loan commitment. Several marks were listed that need to be. accomplished before the City can draw
CITY COUNCIL MEETING OF MAY 25, 1993 BOOK "R" 200 1
on the monies (Water Conversation Policy, etc).
CONSIDER BIDS
1. #93 -29, annual contract for water meters, to Badger Meter as detailed.
Councilmember Davis made the motion to approve Bid #93 -29, annual contract for water meters, to Badger Meter, and
Councilmember Norton seconded the motion - All were in favor and the motion passed unanimously.
2. #93 -30, demolition of structures at 1313 and 1315 Avenue E (Aladdin Apartments), to Grisham Construction in the
amount of $12,500 to be paid from the General Fund reserve for future allocation.
Councilmember Matthews made the motion to approve Bid #93 -30, demolition of structures at 1313 and 1315 Avenue
Fy to Grisham Construction in the amount of $12,500, and Councilmember Lange seconded the motion. All were in favor and
the motion passed unanimously.
3. #93 -31, semi - annual contract for HFRS -2P primer oil, to Prime Material at $.72 per gallon.
Councilmember Gaines made the motion to approve Bid #93 -31, semi - annual contract for HFRS -2P primer oil, to Prime
Materials at $32 per gallon, and Councilmember Matthews seconded the motion. All were in favor and the motion passed
unanimously.
4. #93 -32, annual service - maintenance contract for radio communication system.
Mr. Wilder stated that his opinion that the low bid from Mobile 2 -Way does not meet specifications, but during a
discussion with City Attorney Scott Bounds he disagrees. Mobile 2 -Way is located in Conroe, and the nest low bid from Motorola
contracts through a local company. Staff is concerned because Mobile 2-Way is located in Conroe, this will slow response time
for radio repair. Without a facility to work on the radios, Mobile 2 -Way will be carrying the equipment to and from Conroe. He
does not feel that they can provide the service necessary without a facility locally. Mr. Wilder stated that there is a considerable
difference in the two bids -- Mobile 2 -Way bid $1,17450 per month for maintenance and Motorola bid $1,943.75 per month. The
Motorola bid would be an additional $9,000 per year more than the Mobile 2 -Way bid.
Mr. Wilder stated that Mobile 2 -Way indicates that they will work on all equipment in Huntsville whenever possible.
Mr. Lange asked if the bid is awarded to Mobile 2 -Way and they cannot perform, what can the City do at that time?
Mr. Pipes stated that the contract could be voided and re -bid.
Councilmember Carter made the motion to approve the low bid of Mobile 2 -Way for Bid #93 -32 annual service -
maintenance contract for radio communication system, and Councilmember Norton seconded the motion. All were in favor and
the motion passed unanimously,
5. #93 -33, compliance biomonitoring for the A. J. Brown Wastewater Iaboratory.
Councilmember Lane made the motion to approve Bid #93 -33 compliance bionnonitoring for the A. J Brown
Wastewater LaboratorV to NDRC in the amount of $14640 and Councilmember Gaines seconded the motion. All were in favor
and the motion passed unanimously.
6. Geoteclmical services for evaluation of the landfill liner by Picket and Jambs as detailed under the 1993 fee schedule.
Councilmember Gaines made the motion to approve. the bid for geo[eehnical services for evaluation of the landfill liner
to Picket Jacobs (as detailed under the 1993 fee. schedule) and Councilmember Matthews seconded the motion. All were in favor
and the motion passed unanimously.
7. Gibbs Park sewer line rehab - relocation project, to Robert Amery Construction in the amount of $15,934.33, from the
C.I.P. utility funds.
Councilmember Davis made the motion to approve the Gibbs Park sewer line rehab - relocation project to Robert Antery
Construction in the amount of $15,934.33 and Councilmember Gaines seconded the motion. All were in favor and the motion
passed unanimously.
CONSIDER THE TRAFFIC COUNT DATA ON EASTHAM INTERSECTIONS AND 18TH AT AVENUE Q
Elmwood at Eastham
Traffic counts show that there are between 1154 and 1234 cars traveling on Eastham at the Elmwood intersection, and
between 39 mid 312 on Elmwood at the intersection.
Councilmember Carter made the motion to direct the City Manooer to install stop signs on Elmwood at the intersection
of Eastham for a four -wav stop intersection for a 90 day trial period. and Councilmember Lange. seconded the motion.
Councilmember Laige suited that Eastlutm was designed to be a collector street and not a through street. He stated
that there is an enormous amount of traffic travelling on Eastlmm and a four -way stop would slow traffic down substantially.
Councilmember Davis stated that there were stop signs one block each way of this location. Ile does not feed that adding
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CITY COUNCIL MEETING OF MAY 25, 1993 BOOK_ "R" – 201 _
a stop sign here is the answer to the problem. �—
'j Councilmember Carter stated that with Wiesner Motor Company moving in the area traffic will probably increase and
with the probability of test drives through Forest Hills, the stop sign would be beneficial.
Councilmember Davis stated that he doesn't object to slowing traffic on Eastham, but feels that the Normal Park
jI intersection would be a better intersection for a four -way stop.
Mayor Pro Tern Green stated that he was concerned that placing a four-way stop at this intersection will create a false �I
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sense of security for cars on Elmwood. He stated that he is willing to support the issue for a trial basis and see how it works.
Councilmember Davis stated that there is no history of accidents at that intersection.
A vote was taken All were in favor, except Councilmember Davis. The motion passed 6 -1.
Normal Park at Eastham
ill Traffic counts show that there are between 1503 and 2147 cars traveling on Eastham at the Normal Park intersection,
1 and 148 to 854 traveling on Normal Park at the intersection.
Councilmember Davis made the motion to direct the City Manager to install stop signs on Normal Park at the corner
of Eastham for a four -way stop intersection for a 90 day trial period, and Councilmember Norton seconded the motion. I!
Mayor Pro Tern Green stated that a four -way stop at this intersection could cause traffic to back up to Highway 75 and
'.1 will not support the motion. l
A vote was taken. All were in favor except for Mayor Pro Tern Green. The motion passed 6.1. 'I
Avenue Q at 18th Street
Traffic counts show that there are between 463 and 718 cars traveling on 18th Street at the Avenue Q intersection, and
it between 83 and 420 traveling on Avenue Q at that intersection.
Councilmember Carter made the motion to direct the City Manager to install stop signs on Avenue Q at the intersection
of 18th for a four -way stop intersection for a 90 day trial period, and Councilmember Davis seconded the motion. All were in
favor and the motion passed unanimously.
CONSIDER THE MONTHLY TAX COLLECTION RFPOR'T AND ADJUSTMENTS TO THE CERTIFIED TAX ROLL
Ms. Allen stated that current property pax collection percentage is 93.55 %, compared to 92.26% last year. Delinquent
tax collections total $39,000, as compared to $55,000 for last year. Approval is needed on the certified tax roll with adjustments
of $9.69 to the current roll, and ($280.53) to the delinquent roll.
Councilmember Gaines made the. motion to approve the adjustments to the certified tax roll as by Grover Cook, . Chief
Appraiser, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER BIDS FOR TAX SALE PROPERTIES
There are two properties on the recommended list of tax sale properties that the Public Works Department would like
to retain for the City of Huntsville for drainage, streets, right -of -ways, etc (lot in Crest Addition; and Billy Hightower property,
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Blalock Addition). The City will need to negotiate with the School District and County to acquire ownership of these twol.
properties.
Councilmember Carter made the motion to approve the sale of properties listed for tax sale as recommended by Grover
Cook Chief Appraiser, except the two lots the Public Works Department has identified to negotiate and acquire ownership. and
Councilmember lame seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER A REQUEST TO USE RETIRED FLEET VEHICLES FOR POLICE K -9 TRAINING
Chief Eckhardt stated that these are four used police vehicles that were planned for sale in the auction. He is
recommending that these vehicles be used in the K -9 training. The vehicles would be placed at the training area.
Councilmember Carter made a motion to approve the request to use retire fleet vehicles for Police K -9 training, and
Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER AU'TIIORIZATION TO REPLACE P.D. UNIT 51 -559 (UNMARKED)
WITH RESIDUAL VEIIICLE REPLACEMENT FUNDS
Chief Eckhardt stated that he is recommending replacing vehicle 51 -559 with a used mid -size vehicle, using residual funds
of $6,171 in the vehicle replacement account.
Councilmember Matthews made the motion to approve authorization to replace P.D. Unit 51 -559 (unmarked) with
residual vehicle replacement funds and Councilmember Carter seconded the motion.
CITY COUNCIL MEETING OF MAY 25, 1993 BOOK "R" 202 1
After discussion, consensus of Council was for this item to be brought back for approval during the budget process.
Councilmember Matthews withdrew her motion and Councilmember Carter withdrew his second
MAYOR'S AC F%TI'Y REPORT
Patrick Antwi.
Mr. Pipes introduced Mr. Patrick Antwi, the City's new Planner.
CITY COUNCILMEMBER ACTION
1. Consider reallocation of Emancipation Park slab rehabilitation funds.
in the amount of $11,907 for various projects in Emancipation Park (fencing picnic tables repair gutter, repair fence replace slide
install barrier post and gates move spring mounted animals), and Councilmember Carter seconded the motion All were in favor
and the motion passed unanimously.
Councilmember Norton stated that he supported this park, but would like to see a City park in his ward.
2. Consider a letter to the Texas Department of Transportation requesting no variance to Wiesner Motor Company be:
granted to cut trees in the IH -45 feeder road right -of -way.
Councilmember Carter made a motion to send a letter to the T D O T requesting that no variance I e given to Wiesner
Motor Company to cut trees in the IH -45 feeder road right -of -way. There was second to the mot'
Request for a Social Worker.
Councilmember Carter stated that he is proposing that the City spend from $50,000 to $100,000 on programs for at -risk
children during the next fiscal year. He is recommending the employment of a social worker to advocate the needs of the
community.
Councilmember Carter stated he had attended the FIGAC meeting and there is a lot of assistance available, through the
organization for the education and development of our youth.
Mayor Pro Tern Green asked if he was recommending the expansion of HEAP, or an additional program.
Councilmember Carter stated that it could be a year-round HEAP, but that additional functions would be needed.
Councilmember Matthews stated that she does support more program for the youth in the Emancipation Park Area,
not because they are high -risk, but because there have been and are potential problems in the area with the youth.
Newspaper Recvchng.
Councilmember Norton stated that he (toped all members of Council and employees of the City are supporting the
newspaper recycling effort at the corner of 13th Street and Avenue M. The organization pays $175.00 for the trailer each month
and they have only collected enough papers to fill it half full from the onset of the program.
MEDIA INQL'IR1ES
None.
ADJOURNMENT
City Council recessed into Executive Session.
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Danny Welter, City Secretary