MIN CC 10/03/1995_._. - .....CITY COUNCIL MEETING OF-OCTOBER 3,1- 9.95__.______ —_ BOOK "R"
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF OCTOBER 1995, IN THE CITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. fl
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
Danna Welter, City Secretary
Marjorie Rex David Martinez
Scott Bounds, City Attorney
Jim Carter
CITIZEN INPUTHNQUIRY
Bette Nelson. Ms. Nelson stated that she does not feel the City is "Visitor Friendly ". She suggests putting some type of free
standing fully enclosed information board at the Visitors Center that would be available 24 hours a day (similar to those at rest areas).
She also suggests that when exiting, there should be signage letting visitors know what Huntsville has to offer (downtown area, shops,
gas, food, museums, hotels, etc. A sign is also needed at Sam Houston's grave to lead visitors to other points of interest Ms. Nelson
stated that she offers these ideas to Council and Huntsville will have over 20,000 visitors for the Fair on the Square and felt it would
be nice to offer them some of Huntsville's other attractions.
Mayor Green stated that Council would be willing to work with the Tourism Council in developing ideas that would enhance both -
entities interest.
INVOCATION
Invocation by Don Casper.
ATTENDING CITIZENS
Gordon Brown, Elkins Lake Recreation Corporation rewestine maintenance acceptance of private streets. Mr. Brown stated that
a year after annexation, Elkins Lake is receiving a lot of positive comments about the professional way the City has interfaced and he
is most appreciate of the staff and how they have been willing to work together with Elkins Lake. He is representing the Elkins Lake
Board of Trustees, Water's Edge Community Association, and Gardner Katy (part of Westlake Shores) and is requesting that Council
work with Elkins Lake and consider the contingence of maintenance service, streets and drainage within four small residential areas
at Elkins Lake (Golfview, Lakeview, Water's Edge, and Westlake Shores). They are requesting that the City of Huntsville work with
the Elkins Lake Board of Trustees
to ensure the maintenance of these streets. The residents who live on these streets pay taxes the same as other residents of Elkins Lake.
Mr. Brown thanked Council for their attention and stated he would be glad to answer any questions concerning meeting with Council
or staff to pursue this project further.
Mayor Green stated that he feels the issues are: I) whether the areas that have been identified private streets or not? 2) if they are
private streets, were they created to circumvent the development code and if they are then that may create a problem because they may
not meet City standards; and 3) if they are private streets, then what in the covenants will allow them to be converted to public streets.
If this is part of the covenants, then it may be that every property owner will have to sign some type of documentation. There are a
number of issues that have to be addressed.
Councilmember Lange stated that he has been aware of the situation at Elkins Lake in the sections discussed for the past 15 years.
He feels that private roads are private roads. It is very plainly listed on the plats recorded that they are private roads. He does concur
with the Mayor that there are many issues to be looked at and addressed by staff. He does not believe that the roads will ever be up
to the standards in the development code. Cowa ilmember Lange was assured by staff that no maintenance was being done by the City
of Huntsville on these private streets.
Councilmember Luring stated that in the past the City has refused to accept private streets that are not up to the standards and feels
that if these streets we not up to standard, the City may not want to accept them.
1 Mr. Brown stated that what Elkins Lake Board of Trustees is asking is that the City help them determine the status of the issue and
hopefully resolve it.
Mayor Green referred the issue of private streets in Elkins Lake to staff for review and a report within the next six months.
Jasper Bennett resident of Avenue P requesting no parking on the east side of Avenue P adiacent to Sam Houston Elementary
School.
Mr. Pipes stated that Mr. Bennett had sent a letter to Council requesting no parking on the east side of Avenue P.
CITY COUNCIL MEETING OF OCTOBER 3. 1995 BOOK "R" 40Q_.....___
Councilmember Matthews stated that this area is in her ward and she has contacted Mr. Mobley with the Post Office about this area.
He stated that he has not received any complaints regarding mail delivery on Avenue P and did check the area twice personally.
Councilmember Matthews stated that parking space is limited around the school and she does not feel this area should be designated
as no parking.
CONSIDER A REQUEST FROM TDCJ -ID TO PROVIDE
WATER SERVICE TO THE ELLIS - ESTELLE UNITS
Mr. Wilder stated that the City has received a formal request from TDCJ to provide water service to the Ellis- Estelle Units on FM
980. This issue has been discussed for many years. Staff is requesting Council approval to pursue construction of this water system.',
Councilmember Davis stated that the Finance Committee has discussed this project and feels this is a very important project for
both the City of Huntsville and Texas Department of Criminal Justice. It is a win -win situation in that it adds a major customer to the !,
City of Huntsville's water base and solves the problem of poor quality well water that is very critical to TDCJ.
City's behalf on the TDCJ water oroiect. and Councilmember Rex seconded the motion.
Councilmember Carter stated that there were three things stated that are positive about this project: 1) even though 1/4 capacity
of the TRA plant will be dedicated to TDCJ in this project, it does not mean this will trigger the need to build or expand a water i
treatment plant; 2) the City will make money ($254,000 estimated) by providing TDCJ water; and 3) because the City will make money,
if the plant does need to be expanded in the future the City will have a nest egg from this money or water rates can be lowered for all I
customers if the plant is sufficient for years to come. !
Mayor Green clarified that the City will not actually be making money from TDCJ, but since the TRA has been in operation for I i
some years and because TDCJ is expanding use of the plant, TDCJ is repaying the portion of capacity that they will be using and have
not been paying on for the past 15 years (purchasing 1/4 capacity in the TRA plant).
A vote was taken. All were in favor and the motion Passed unanimously.
Mayor Green thanked Grady Manis for his time and effort in helping this project reach fruition. He also recognized Percy Howard,'
former Councilmember and currently a member of the TRA Board of Directors.
APPROVE APPOINTMENT OF FINANCIAL ADVISOR FOR DEBT ISSUE
CAPITAL IMPROVEMENTS PROJECTS
Councilmember Davis stated that First Southwest was present at the Finance Committee meeting this afternoon to discuss the debt
issue on the cip projects planned.
Councilmember Davis made a motion to aoprove First Southwest as the City's Financial Advisor for debt issue for capital
improvements proiect at a fee to be negotiated, and Councilmember Matthews seconded the motion. All were in favor and the motion!'.
Passed unanimously.
CONSIDER CONTRACT WITH FULBRIGHT AND JAWORSKI AS BOND COUNSEL
FOR DEBT ISSUE ON CAPITAL IMPROVEMENTS PROJECTS
Councilmember Davis made a motion to approve a letter contract with Fulbridt and Jaworski as bond counsel for debt issue on
capital improvements oroiect at an estimated cost of $13.500. and Councilmember James seconded the motion. All were in favor and
the motion passed unanimously.
CONSIDER RESOLUTION 95- 10 -3.1 DECLARING EXPECTATION TO REIMBURSE
FROM FUTURE DEBT ( ROBINSON CREEK, MCDONALD CREEK,
AND FISH HATCHERY ROAD AREA CAPITAL IMPROVEMENTS PROJECTS)
Councilmember Davis made a motion to approve Resolution 95- 10 -3.1 declaring expectation to reimburse expenditures with
Proceeds from future debt on canital improvements oroiects (Robinson Creek. McDonald Creek and Fish Hatchery Road area), and
Councilmember Lange seconded the motion. All were in favor excent Councilmember Carter. The motion passed 8 -1.
CONSIDER A CONTRACT FOR ENGINEERING SERVICES WITH WISENBAKER -FIX OF TYLER
TO DESIGN THE ROBINSON CREEK WASTEWATER TREATMENT PLANT, ROBINSON CREEK
OUTFALL SEWER LINE, MCDONALD CREEK INTERCEPTOR SEWER LINE AND
LIFT STATION, AND FISH HATCHERY AREA SEWER SYSTEM IMPROVEMENTS
Mr. Wilder stated that contract to Wisenbaker -Fix totals $1,239,500 for the design of the Robinson Creek wasteweter treatment
plan, Robinson Creek outfall sewer line, McDonald Creek interceptor sewer line and lift station and Fish Hatchery area sewer system
improvements ($16 million capital improvements projects). The design work is estimated to be completed at the end of the fiscal year,
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_ ...._CITY COUNCIL_ MEETING OF_ OCTOBER 3, 1995_ BOOK "R'
and advertisement for construction early in next fiscal year.
401
Councilmember Rex made a motion to approve a contract for engineering services with Wisenbakw -Fix of Tyler to design the !�
1 cauital improvements proiect planned (Robinson Creek Wastewater Treatment Plant Robinson Creek outfall sewer line. McDonald
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Creek interceptor sewer line and lift station. and Fish Hatchery area sewer system improvements). and Councihnember James seconded 'J
the motion All were in favor except Councilmember Carter. The motion passed 8 -1
Councilmember Carter stated that if he could have split Fish Hatchery sewer out and vote for that project he would have.
CONSIDER A UTILITY EXTENSION REQUEST FOR SANITARY SEWER FOR MR. GROCK,
1627 BAGWELL STREET, WITH THE CITY'S COST $2,427.50
Councilmember Carter made a motion to approve a utility extension reauest for sanitary sewer for Mr. Geome GrocL 1627 Bagwell
Street (Badger Addition) with the City's cost at $2.427.50. and Councilmember Martinez seconded the motion. All were in favor and
the motion passed unanimously.
Mayor Green stated that neighbors have expressed concern on where the line will be placed and staff stated that the line will be
placed in the street.
Councilmember Carter stated that the Mayor deserved thanks for seeing that this project came to fruition, and for his suggestion
that the line be placed in the street and saving the trees in the easement.
CONSIDER RECOMMENDED STOP INTERSECTION AT FM 980 AND FM 247
AS RECOMMENDED BY TEXAS DEPARTMENT OF TRANSPORTATION
Mr. Wilder stated that the City has received a letter from Gary Law, TDOT. One of the projects on the City's priority list, 3 -way
stop intersection at FM 980 and FM 247, is being considered at this time. The intersection did not qualify for signalization but does
meet the criteria for an all way stop. TDOT is requesting that the City approve an ordinance to allow them to place the appropriate
signage at the intersection.
Staff stated that with consensus of Council, an ordinance would be on the next agenda.
1 CONSIDER NOTICE OF APPLICATION OF PHELPS WSC TO AMEND A CERTIFICATE OF
CONVENIENCE AND NECESSITY (CCN) TO PROVIDE WATER UTILITY SERVICE
Mr. Wilder stated that Phelps Water Supply is seeking additional certified service area. The only area on the map that involves I.
the City is the portion including Southwood Drive. Several years ago, City Council did give Phelps Water Supply Company permission
to extend water into this area (Southwood Drive). A decision needs to be made as to whether or not the City will oppose this Certificate
of Convenience and Necessity.
Mr. Bounds stated that the City has in the past opposed CCN's within the City's ETJ. He stated that the City has some water service
that abuts or is near some of the areas listed in the CCN. The City could provide better water service (including fire protection) to some
of the areas that Phelps Water Supply is seeking to certify. There is a meeting scheduled with Phelps Water Supply and Walker County
Rural Water System later this month and he will suggest that instead of applying for a CCN that an informal agreement be made to
determine water service where the City's boundaries and water systems conflict. The City may want to tentatively indicate that the
City at least wants a hearing on this matter to determine if its appropriate.
Mayor Green stated that he felt the City did need to request a hearing regarding this matter.
Councilmember Carter made the motion to request a public hearing regarding the Phelps Water Supolv's request for a certificate
of convenience and necessity, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER ORDINANCE 95- 10 -3.1 AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC
ESTABLISHING NO PARKING ZONES ON THE NORTH SIDE OF 19TH STREET
FROM AVENUE S TO 260 FEET EAST
Councilmember James made a motion to approve Ordinance 95- 10 -3.1 amending Chanter 12 of the Code of Ordinances by
establishing no parking zones on the north side of 19th Street from Avenue S to 260 feet east. and Councilmember Lange seconded
the motion All were in favor and the motion passed unanimously.
CONSIDER A REQUEST BY FAMILY FAITH CHURCH TO USE THE MARTIN LUTHER KING
CENTER ON OCTOBER 21, 1995 TO HOLD A CHRISTIAN RAP CONCERT
Mr. Wilder stated that Family Faith Church has requested permission to use the Martin Luther King Center on October 21 to hold
a Christian rap concert from 3:30 to 6:30 in the evening. They have also requested security be provided. Consensus of Council was
that this group would need to provide their own security if they felt the need.
CITY COUNCIL MEETING OF OCTOBER 3 .1995 BOOK "R!' 402
October 21. 1995. and Councilmember Carter seconded the motion All were in favor and the motion passed unanimously.
CONSIDER RESOLUTION 95- 10 -3.2 AUTHORIZI.NG THE CITY OF HUNTSVILLE TO BECOME A MEMBER
OF THE COALITION OF CITIES AND COUNTIES, INC. AT A COST OF $4,000 PER YEAR
Councilmember Lange made the motion to aoorove Resolution 95-10-3.2 authorizing the City of Huntsville to become a member
of the Coalition of Cities and Counties. Inc at a cost of S4,000 per Year and designating Gene Pines as the City's reoresentative and
Councilmember Davis seconded the motion All were in favor and the motion passed unanimously.
CONSIDER A CONTRACT AGREEMENT WITH RECORDS CONSULTANTS, INC. OF SAN ANTONIO
IN THE AMOUNT OF $4,500 FROM BUDGETED FUNDS TO INVENTORYANDEX THE RECORDS MGT. SYSTEM
Mr. Schindler stated that staff is requesting Council's authorization to enter into a contract with Records Consultants, Inc, to
perform the indexing of our records system.
Councilmember Lunina made a motion to aonrove a contract agreement with Records Co aultants Inc in the amount of $4,500
from budgeted funds to inventory /index the records management system. and Councilmember Rex seconded the motion All were in
favor and the motion passed unanimously.
CONSIDER ORDINANCE 95- 10 -3.2 AMENDING CHAPTER 12, NONDISCIPLINARY SEPARATIONS,
OF THE PERSONNEL RULES OF THE CITY TO PERMIT CERTAIN EMPLOYEES ELIGIBLE FOR
RETIREMENT, THEIR SPOUSES AND DEPENDENTS TO REMAIN MEMBERS OF THE CITY'S HEALTH PLAN
Mr. Schindler stated that this ordinance does some housecleaning by clarifying some areas that were not included in the Personnel '.
Rules, and changing and providing for employees that retire after reaching a combination of yews of service and age equaling 70 that
they may continue under the City's health plan by paying the premiums.
Councilmember Carter made a motion to approve Ordinance 95-10-3.2 amending Chapter 12 of the Personnel Rules to permit'
certain emplovees eligible for retirement. their spouses and dependents to remain members of the City's Health Plan. and
Councilmember Martinez seconded the motion. All were in favor and the motion passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Consider extension to the interlocal agreement for fire services with Walker County.
with Walker County. and Councilmember James seconded the motion. All were in favor and the motion passed unanimously.
Mayor Green stated that negotiations are continuing on the new interlocal agreement and it should be available for the next meeting.:!;
2. Consider participation with Sam Houston State University for in -kind services to assist in the development of a public access golf
course.
Mayor Green stated that members of the University are requesting in -kind services in helping develop a public access golf course. ..,
It is felt that the project has a better chance of being funded with local support.
Mr. Keith Jenkins, S.H. S.U, showed City Council a preliminary sketch of and explained the proposed public golf course.
Consensus of Council was to support this project with in -kind services (engineering services, dedication of right -of -way, streets,
fire protection, etc.) in developing a public access golf course.
Councilmember Carter stated that one common problem with golf courses is the amount of toxic chemicals used in their upkeep.'.;
Mr. Jenkins has assured him that toxic chemicals will be avoided as much as possible.
3. TDOT Meeting. A contingent of Council and staff attended a meeting in Bryan last Thursday to express the City's concerns and
met again with them on Friday morning on their transportation plan.
4. Boards and Commissions Reception. Mayor Green stated that on October 24th from 5:30 to 7:00 he and Council will honor the
members of the City's boards and commissions with a Council meeting to follow.
CITY COUNCILMEMBER ACTION
No Parking - River Oaks. Councilmember James stated that there was a letter in the packet from Gordon Brown requesting no pazking!
on River Oaks adjacent to the soccer fields and she asked that staff look into the speeding situation and the possibility of putting some
no puking signs on one side of the street. She also suggested that this intersection be made a four way stop for a 90 day trial basis.
Ms. James asked that the Police Department crack down on the speeders in Elkins Lake.
CITY COUNCIL MEETING OF OCTOBER 3-1995 _ BOOK_' R' _ ,. ____ -_____ 403
I Walker County Proud. Ms. James invited Council and staff to the Walker County Proud kick -off at the Fairgrounds on October 17th
at 6:00 p.m. for hot dogs.
Government Finance Officers Association Award. Councilmember Davis stated that the City has received a GFOA award for
achievement in excellence in financial reporting for the fiscal year 1993 -94. He thanked Patricia Allen and staff for their hard work
for the City of Huntsville.
Bie D Mobile Home Park. Councilmember Carter stated that on the private streets in the mobile home park, there is a series of
haphazardly placed stop signs. He requested that staff check with the owners regarding the placement of these signs.
-! Basketball Courts. Councilmember Carter asked about the goals at the basketball courts being down for an extended length of time.
Mr. Pipes stated that money was budgeted and approved for the next fiscal year for repair of the surfaces and the work should begin
shortly.
TOOT Meetine. Councilmember Lange stated that he attended the meeting in Bryan last Thursday and complimented the Mayor on
his job in representing the City of Huntsville in an outstanding manner.
City Limits Si en. Councilmember Matthews asked about the City limits sign on F.M. 980. Staff indicated that the City is having some
problem in getting the Texas Department of Transportation to install the signs properly.
Gutter at the MLK Pavilion. Councihnember Matthews stated that the down spouts do not look properly installed at the MLK pavilion.
Staff stated that this is being addressed.
Sam Houston Statue Signaee. Councilmember Rex stated that she has visited other cities and people are having trouble getting to the
Sam Houston statue. She suggested that more signs be put up to lead our visitors to the statue and visitors center.
MEDIA INQUIRIES
None.
Recess into a EXECUTIVE SESSION to consider items as follows:
*Litigation - Burke case settlement;
*Threatened litigation - McDonald Creek; and
* Real estate acquisition - Finney /10th Street right -of -way.
ODimna Welter, City Secretary