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MIN CC 12/12/1995CITY COUNCIL MEETING OF DECEMBER 12. 1995 ._ BOOK "R" MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON TI IF 1278 DAY OF DECEMBER 1995, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in regular session with the following members present: COUNCILMEMBERS: William B. Green, Mayor Dave Luning Officers: Dan S. Davis JoAnn Matthews Gene Pipes, City Manager Ronald L. Lange Ann .James Scott Bounds, City Attorney Marjorie Rex David Martinez Danna Welter, City Secretary Jim Carter CITIZEN INPUT/INQUIRY Kelvin Steely, Mi. Steely stated that his family has been in Huntsville for five generations. fie has lived on Southwood Drive for thiity yenrs and owned land for forty. There is a 189 acre tract in the area that the Forest Service is trading to him for other tracts he owns. He is addressing Council because of some wild rumors about his plans to clear cut and develop the properly. He has no plans at the current time to clear cut, rape and ravage or develop the property, but did state that he couldn't guarantee what will happen 20 years from row. the h'ode is beneficial to both hips (linking this property to some he owns) and the Forest Service (releasing a tract of laud that is landlocked). It has been rumored that an endangered species is located on this tract. The Forest Service will complete a biological and archeological survey before the trade is completed and will not trade the land if it is environmentally unsuitable. LaRue Hopson. Ms. Hopson slated that the 189 acre tract in question has been apart of the Federal Forest Service for over sixty years. Residents in the area take great pride in living near Forest Service land. She feels it would be a misuse of power by the current Forest Service management to break this long term tradition and turn this piece of prized property over to the private sector. If this happens, the Foiest Service will have no conhol over its future use. However, if this land is going to be exchanged, she would rather Kelvin Steely have it than any other individual. INVOCATION Invocation by Reverend Ben Gardner, Orace Baptist Church. ATTENDING CI'FJZEN Bobby Hublev, Associate Administrator. Brazos Valley Community Action A enev' Health Services, to request a contract Jul services. Mr. Ilubley stated that he is employed by the Brazos Valley Community Action Agency and nos a number of social progrmns in Huntsville. He is Associate Administrator of the Huntsville Adult Day Core Center, a long term care program which has been in operation since 1987. This program is for lamilics that do not want to send an elderly or disabled relative away to a nursing home. These elderly or disable(] individuals are provided with day care while family members are at work. There is a nurse on fluty at all times to administer medication or handle other problems that arise. The program has been funded in large part by community block grant monies and Medicare reimbursements. These monies have been cutback or frozen. The agency is requesting support Gooi the City through a contract for services for one full time slot at a cost of $470.62 per month for one year. Councilmember Carter made a motion to approve a contract for services for one full time individual at a cost of $470.62 ner month for one year, and Councilmember Davis seconded the motion Mayor Green asked that since the City is in its budget year. if the motion passes it should for the remainder of this year, making the total $4,235.58 (nine month period). Mr. Pipes requested that the nronics be funded on a month to month basis. Cmncilmember Carter amended his motion to approve a contract for Services for one full time individual at a cost of $470.62 ner month for a 60 day Period (941.24) with Further funding on a mouth to mmith basis as needed at a cost not to exceed $4,235.58, and Councilmember Davis seconded the second. All were in favor and the motion passed unanimously. CONSIDER TAR REPORTS FOR OCTOIIER AND NOVEMBER WITH ADJUSTMENTS TO TIIE LEVY AS RECOMMENDED RY GROVER COOK, CIIIEF APPRAISER Councilmember Davis made a motion to aptuove the tax re ports for October and November with adiustments to the levy as recommended by Chief Appraiser Grover Cook and C9uncilmenhber Rex seconded the motion All were in favor and the motion Ra.sS ed unanimously FINANCE COMMITTEE REPORT AND RECOMMENDATIONS TO AMEND INVESTMENT POLICIES 1 F1 CITY COUNCIL. MEETING OF DECEMBER 12,1995__. .i Councilmember Davis stated the Finance Committee and the Mayor spent a'lot of time polishing these policies to correlate to the 1 City's actual practices. Councilmember Davis made a motion to annrove the amended investment Policies, and Councilmember Lupine seconded tie i motion All were in favor and the motion Passed unanimously. Mayor Green thanked the committee for their work with this document and stated that tine changes were substantial but not substantive. BOOK "R" i tl STATUS UPDATE OF EMPLOYEES RETIREMENT PLAN REVISIONS Scott Bounds stated that Eric Davis from One Texas Municipal Retirement System presided over three meetings today to update !I employees on die changes authorized by City Council, including the 2 -1 match, updated service credits and the 20 year retirement i L. '.; option. PRESENTATION OF GFOA PLAQUE Councilmember Davis stated the City received a Government Finance Of ects Association plaque commending the City on its financial reporting (audit) for FY 1994 -95. CONSIDER ORDINANCE 95 -12 -12.1 ORDERING TILE JANUARY 20, 1996 CITY OFFICER'S ELECTION NOT BE HELD AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE City Attorney Scott Bounds stated that the City Secretary bas filed a certificate with the Mayor stating that afler the filing deadline for candidates and write -ins, there is only one candidate for each of the four positions available. A new state law intended to aid small cities was passed in September allowing a city to declare each unopposed candidate elected and the election not be held when all races 'I are unopposed. Passage of this ordinance will save the City approximately $3,000. Councilmember Carter made a motion to approve Ordinance 95 -12 -12.1 ordering the January 20 1996 City Officer's Election not be held and declaring each unopposed candidate elected to office and Councilmember Matthews seconded the motion. All were in favor and the motion Passed unanimously. Mr. Bounds stated that the officers will be sworn in on the regular canvass date of January 23, 1996. Councilmember Carter stated that he does not agree with holding an election in January. It is possible that the lack of candidates may be due to the fact that most people are thinking of Christmas and the holidays. CONSIDER ORDINANCE 95 -12 -12.2 AUTHORIZING THE CITY MANAGER TO CONTRACT WITH DENNY POWELL FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS Mc Bounds stated that this issue came before Council on December 13. 1994. At that time, the City authorized participation in off site utility construction at a cost not to exceed $13,164.00 for water and sanitary sewer lines at the Auto Truck Travel Center which is being built oil TDC.1 property near the intersection of Highway 75 and Interstate 45. The project has been on hold for some time. The City Engineer is requesting that formal bids not be taken on these improvements, since the cost estimated is below the amount required to lake foetal bids, thereby avoiding his administrative time and expense for preparing the bid documents and following the process. Approval of this contract with Denny Powell for construction of the public improvements will enable the City to pay the contractor alter all lines are installed (subject to City approval) the total of .$13,164.00. Councilmember Lange abstained from discussion and voting due to a potential conflict of interest Councilmember Davis nnade a motion to approve Ordinance 95 -12 -12.2 authorizing the City Manager to contract with Denny Powell for construction of Public improvements_ at a cost of $13,164.00, and Councilmember Rex seconded the motion. All were in favor and the motion Passed 8 -0 (Councilmember Lance abstain CONSIDER ORDINANCE 95 -12 -12.3 RESTRICTING 'I HE POSSESSION OF FIREARMS ON CITY PREMISES Mr. Bounds stated that the new gun law will take effect on January I, 1996. Staff is requesting that Council pass Ordinance 95 -12- - - 12.3. This ordinance d) amends the City's personnel rules to prohibit City employees from having on their person concealed weapons, regardless of whether they have a permit or not, unless they are a police officer, security guard, court bailiff or specially deputized employee of the City, 2) amends the Code of Ordinances making it an offense for any person to carry a firearm in a City building (State law does not allow the City to prohibit citizens from having firearms in parking lots), unless they are a police officer, security guard, court bailiff or specially deputized employee ofthe City, and 3) prohibits a person from carrying a firearm in any City park unless they are licensed to carry a concealed handgun, or are a police officer, security guard, court bailiff or specially deputized employee of the City. Councibnember Rex made a motion to approve Ordinance 95 -12 -12.3 restricting the possession of firearms on City Premises, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF DECEMBER l2, 1995 BOOK "R" 412 --- __ —._ -- CONSIDER ORDINANCE 95- 12 -12A AMENDING CHAPTER 17 TOPER MIT ADDITIONAL SECURITY FOR BILLS Il Mr. Bounds stated that a potential business has requested that the City broaden its security requirements for water /sewer bills. Atli the present, the City requires either cash, an approved certificate of deposit in the name of the City at a Walker County financial�� institution or an approved letter of credit at a Walker County financial institution. Staff is proposing to amend III to allow III letter of credit at national bank domiciled in Texas. �I Mayor Green suggested that the word `national" be changed to "State or national." i unanimously. CONSIDER SPECIAL GIFT DEED FROM THE GIBBS BROTHER & COMPANY OF PROPERTY ON BEARKAT BLVD. CONSIDER A REQUEST FROM RITA B. HUFF HUMANE SOCIETY -TO AMEND THE AGREEMENT WITH THE CITY TO ALLOW USE OF THE PROPERTY ON BEARKAT BLVD. Mr. Bounds stated that this gift deed of .724 acres Bearkat Blvd. hour Gibbs Brothers has previously been discussed by City Council in executive session. If City Council approves the gift deed, the Rita 13. Huff Humane Society is requesting the City amend the agreement with the City to allow them use of this property. Davis seconded the motion All were in favor and the motion passed unanimously. CONSIDER RESOLUTION 95 -12 -12.1 DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED 1 Councilmember lames made a —motion to approve Resolution 95- 12 -12_.I designating certain city owned vehicles as unmarked. and'lil Councilmember Martinez seconded the motion All were in favor and the motion passed unanimously.! CONSIDER BIDS 1. Solid Waste Transfer Station construction repair to Sin ith Construction in the amount of $8,500 Mr. Schindler slated that TML insurance will cover all but $2,500 of this repair. Comncilmember Rex made a motion to approve the transfer station construction repair bid to Smith Construction in the amount of $8,500, and Councilmember Davis seconded the motion All were in favor and the motion passed unallul 3v. 2, Bid 96 -2, Vehicles to Moore -Henry Motors in the amount of ,$126,993.26. Councilmember Rex made a motion to approve Bid 96 -2 vehicles to Moore - Fleury Motors in the amount of $126,993,26, and Councilmember Lange seconded the motion All were in favor and the motion passed unanimously. 3. Bid 96 -9, Police Cars, to Areadale Ford of Arlington, Texas in the nmount of $36,658 ($32,000 from budgeted funds and $4,658 from reserve for future allocation. Councilmember James made a motion to approve Bid 96 -9 notice cars to Arettdale Ford in the amount of $36.658. and Cotncilmrember Rex seconded the motion All were in favor and the motion passed unanimously. 4. Bid 96 -3, Backhoes, to Preen Machinery in the amount of $60,624. Councilmember Rex made a motion to am ove Bid 96 -3 backhoes to Preen Machinery in the amount of $60.624. and Co mcilmember Lange seconded the motion All were in favor and the utotion passed unanimously. 5. Bid 96 -8, Street Sweeper, to Industrial Disposal Supply Company in tine amount of $84,400. Councilmember Lange made a motion to approve Bid 96 -8 street sweeper, to Industrial Disposal Supply Company in the amount of 84 4 0 and Councilmember James seconded the motion All were in favor except Councilmember Carter. The motion Passed 88 =1. CONSIDER AGREEMENT TO PROVIDE POTABLE WATER TO TDC.I UNITS IN TIIE FM 980 AREA Mr_ Wilder stated that staff is requesting approval of an agreement to provide water to TDCJ units in the FM 980 area. This agreement is between the City, IRA and TDC1. Mayor Green stated that with the approval of this agreement, the City would request a CCN to supply water to this area. t. CITY-COUNCIL MEETING OF DECEMBER 12, 1995 Councilmember Lange made a motion to approve an agreement to provide potable water to TDCJ units in the FM 980 area, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. BOOK "R" 4.13_____ CONSIDER ENGINEERING CONTRACT ADJUSTMENT WITH WISENBAKER, FIX & ASSOCIATES FOR THE A.J. BROWN WASTEWATER TREATMENT PLANT IMPROVEMENT'S IN THE AMOUNT OF $26,100 (CONTINGENCY) Mr. Wilder stated that staff is recommending adjusting the engineering contract with Wisenbaker, Fix & Assoc. in the amount of $26,100 ($25,000 for construction inspection and $1,100 for materials testing) and that $5,900 be transferred from the geoteehnical testing budget to the materials testing budget. With these adjustments, the project is still well within the total project costs. Councilmember Rex made a motion to approve the engineering contract adiushment with Wisenbaker. Fix & Associates for the A J. Brown Plant improvements in the amount of $26,100, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER CHANGE ORDER 82 WITH WISENBAKER, FIX & ASSOCIATES FOR THE A. J. BROWN WASTEWATER TREATMENT PLANT IMPROVEMENTS IN THE AMOUNT OF $8,026 (CONTINGENCY) Mr. Wilder stated that a conflict in grade between die outfall line from the dechlorination chamber and the existing 30" outfall line at the plant was discovered when the piping was uncovered during construction. The contractor has estimated the cost for the additional 30" pipes required and the additional headwall work to be $8,026. Councilmember Luning made a motion to approve Change Order N2 with Wisenbaker, Fix for the AT Brown Plant improvements in the amount of $8,026 (from the contingency), and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT L Consider Coalition of Cities- Entergv participation. Mayor Green stated that lie, Councilmember Luning, Gene Pipes and Scott Bounds traveled to Beaumont and met with the Coalition of Cities. The organization seems to be Floundering at the present time with only 10 out of 64 cities, and one County, in the Entergy service area participating. Another meeting will be held on .January 9 to discuss the mission of the group and see if additional cities havejoined. If at that time it does not appear that it is going to expand its scope, Mayor Green recommends that the City of Huntsville withdraw from the coalition. 2 .Consider request by Terry Shotwell. Mayor Green stated that Mr. Shotwell has written a letter slating that he was recently annexed into the City. lie builds fire artillery pieces (cannons) and the feels the City is severely restricting his rights since he cannot lawfully discharge the artillery in the City limits. Mayor Green pointed out that the firing of cannons is legal as Tong as there is no projectile in it. He would like for Council to take Mr. Shotwell's letter under advisement and see if there are other concerns that can be addressed. 3. Consider annual TXDOT priority list. Mayor Green stated that the City has been requested by Texas Department of Transportation to supply its annual priority list. City staff will meet with County officials and the Walker County Metropolitan Transportation Committee regarding the formation of the list: CITY COUNCI LM EM TIER ACTION 1. Consider resolution opposing Forest Service land swap, as requested by Councilmembers Carter and James. Councilmember Carter made a motion to approve a resolution opposing the Forest Service land swat) with Steely Lumber Colonially. and Councilmember James seconded die motion. Councilmember Carter stated that he is requesting approval of the resolution and also permission for the City to send a letter to the U. S. Forest Service land and Minerals Office in Lufkin, Texas, the Forest Service office in New Waverly, Congressman Charles Wilson's office, and the appropriate environmental protection agency officials slating opposition to the land trade outlined in the resolution. He feels the City has a stewardship responsibility with regard to the protection, preservation and enhancement of public lands. Mayor Green stated that there are thousands of acres of Forest land around I- luntsville that the public has access to. It is clear that the Forest Service does not want this tract of land and will address the environmental concems before the trade is made. Mayor Green called for a vote. Councilmembers Carter, James and Martinez voted for and Councilmembers Davis, Lange, Rex Matthews, Luning and Mayor 'l Green voted no. The motion failed 3 -6. 2. Consider designation of Administration Pi I Room as "Gm n c l inenhber 011l cc" as requested by Counci l inembet Janes. Coohciluhenhber James made a motion to designate the Administrative Pile Room (without renovations) as `Councilmember OlThee" . :uhd add mail slots. and Comreilmcmber Carter seconded the motion. Councilmember Lange stated that fur five years he has picked up his maii at his place at the dias and felt the purpose of City Council was the overview and oversight of the operation of the City. Ile feels that with the designation of telephone and office space, if City Council will start becoming a part of the management that operates the City. Councilmember Lulling stated that he would vote against the motion. If he has business at City hall it is specific business with the City Manager, City Secretary or City Attorney and each of them have offices and telephones. Councilmembers Matthews and Rex stated that they had no need for an `office'. Mayor Green stated that he was reluctant to designate a room for Council. I le does not feel comfortable establishing an office for Council as they are a policy making entity. Councibnentber James withdrew her motion and Councilmetnbcr Carter withdrew his second. 3. Need for Youth Programs /Facilities. Qumcilmember Carter stated that he was told by the YMCA fiat he could practice his YMCA team at the First Baptist Church Family Life Center (his past Wednesday night His team showed up and began practicing. A gentleman approached him and asked what right he had lO use the gym. After sonic length of time, with this man questioning the team being in the gym. the gentleman went and called the manager of [lie building and had the team thrown out. lie stated that 11 this is the youth prngram of the First Baptist Church and is any way represenlotive of other youth progmms, there is a problem. 'the City needs additional youth programs and feels the City should be involved. MEDIA INQUIRIES Melony Closs, Huntsville Item. asked about the Forest service land swap. Mayor Breen stated that the City did not issue a proclamation Opposing the land swap. Recess into a li%ECUfIV C SESSION to consider items as follows' * real estate acquisition: 10th street ri ht- of -wav �,. q g (Finney) end si(us of Robinson Creek Wastewotcr Treatment Plant; and ' pending litigation: Townsend v. state Palm and City,'l ownsend v. 'Texas Deportment of Licensing and Regulation et: l., and Walker County Rural Water Supply System. I' Danna Welter, City Secretary ji i I Ii i 1