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MIN CC 07/24/1990MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "Q" 157 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 24TH DAY OF JULY, 1990 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present Jane Monday 0. Eugene Barrett City officers present: William H. Knotts, Jr. Percy Howard, Jr. Gene Pipes, City Manager Ila G. Gaines WiLLiam B. Green Scott Bounds, City Attorney William L. Hammock Ruth DeShaw, City Secretary Members absent: James L. Carter Gary BeLL Mayor Monday called the formal session to order at 6:00 P.M. The Council then recessed into an Executive Session to discuss real estate acquisition matters on 14th Street, Avenue M and Highway 75. No other items were discussed. No form L action was taken. The Executive Session ended at 6:45 P.M. CITIZEN INPUT /INQUIRY SESSION Hal Coleman to question designation of a certifying environmental officer Mr. Coleman referred to the agenda item listing: "Consider Resolution 90 -7 -24.1 designating a certifying environmentaL officer," and urged the Council to take careful consideration on the qualifications ' I of such an officer, or to retitle the position. Mr. Pipes explained the term: "certifying environmental officer," is strictly a designation for the purposes of reporting necessary papers for a federal grant. He said this item on the agenda is simply an authorization for a signature to submit the papers for EPA consideration of environmental review. He said it is in no way an implication that the city is qualifying an individual; but rather designates, the Mayor in this case, as the authorized signatory officer for the City to submit the papers for EPA review. Mr. Coleman noted then this is a technical feature. Mayor Monday added this is a non -pay position. Mr. Coleman indicated then he misunderstood the agenda item. Bert Lyle, to express need for two -hour parking on the downtown Square Mr. Lyle said he is happy something is finally being done on the Square. He said while he has only had his business on the Square for about four months, he understands there has been an enormous parking problem for the merchants. He also noted there is once again a meter officer enforcing the parking limitations. He said while his business does not have a parking problem because of a parking lot he has added to the back of his building, those customers of his who do come in and use the other businesses or services that the Square has to offer have been hindered in the last three or four days by some of the parking tickets that they have received for being there for over an hour. He said in his business, there are several customers there for varying reasons from a permanent to hair colors, etc. and some customers spend all day in his shop. In those cases, he said, he tells them to park in the back; however, some of them come in from the front and they're there for more than an hour and they are now getting ticketed because of the presence of the newly hired meter officer. He requested that the time allotment be changed to two hours instead of one, like it used to be some time ago; the two -hour parking plate is now covered with a one -hour parking plate. He said the tickets are given for over - parking in the one hour parking area. He said he is pleased something is being done about the parking, however, if anyone has been on the Square in the last four or five days, they will see they can go anywhere they want and park at any place easily as there are probably 50 more spots daily than there used to be. Mayor Monday noted the city may wish to obtain input from the other merchants through an informal poll to see how everyone is feeling about the parking time Limits. She encouraged Mr. Lyle to visit with some of the other merchants for input as well. Mr. Lyle said his impression is that the merchants are happy with the parking situation because there is plenty of parking available. He said, however, if we are going to draw business to the Square, which seems to be one of the main goals of the merchants, we need to allow MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "0" 158 pte to park and have time to go to two or three different businesses as opposed to just having time to go one. He said he wouldn't mind doing a survey himself. Mayor Monday noted the city will be happy to iew the matter again. RECONVENE FORMAL SESSION Mayor Monday reconvened the formal session at 6:50 P.M. Councilmember and Mayor pro tem Percy Jr., presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to adopt the minutes of July 3. 1990 and Councilmember Gaines led the motion. Discussion: Councilmember Knotts asked that his reference to the "Life" Theater on 141 be changed to "Town" Theater. With this correction, all were in favor and the motion passed CONSIDER ORDINANCE Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 90 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION 17 -21 OF THE CODE OF ORDINANCES TO PERMIT CERTAIN SEWER USERS TO BE BILLED BASED UPON METERED WATER CONSUMPTION OR WASTEWATER DISCHARGED; AND MAKING OTHER PROVISIONS RELATED HERETO . Pipes advised Mr. Tom Marks, Utility Cost Containment Officer, representing the TDCJ -ID, proposed the ty agree to bill TDCJ on their wastewater discharge rather than on a water consumption basis because of e pretreatment facility which is totally unique to TDCJ. He said the City agreed to the concept through a etter of Understanding" approved in the last meeting. He noted this ordinance simply meets the terms of at agreement and recommended it for their approval. Councilmember Knotts made the motion to approve of CONSIDER RESOLUTION Mr. Pipes presented this Resolution, the caption of which is as follows: RESOLUTION NO. 90 -12 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, RESOLVING THAT THE MAYOR OF HUNTSVILLE, TEXAS, BE AND IS HEREBY AUTHORIZED AND DIRECTED TO CERTIFY AND SUBMIT A FULL ENVIRONMENTAL ASSESSMENT TO THE TEXAS DEPARTMENT OF COMMERCE UNDER THE RULES AND REGULATIONS PURSUANT THERETO ON BEHALF OF THE CITY i Pipes advised this is a report compliance authorization, designating a city official as the signatory cer for the purpose of submitting for proper consideration, environmental reports concerning the planned ' sewer service project that had been promulgated by HUD last year. He said this will bear the Mayor's ature as the properly authorized individual to submit reports. He then recommended the adoption of lution 90 -12. Councilmember Gaines made the motion to approve Resolution No. 90 -12 and Councilmember MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "0" 159 Consider Ordinance No. 90 -12 amending Chapter 12 of the Code of Ordinances to codify signalized intersections. Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as foLLows: ORDINANCE NO. 90 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING SIGNALIZED INTERSECTIONS AT THE WEST FRONTAGE ROAD OF IN-45 AND SH -75 NORTH, AND FM -2821 AT FM -247; PROVIDING A PENALTY OF UP TO $200 A DAY; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Barrett made the motion to adopt this ordinance as Presented and Councilmember Howard seconded the motion. ALL were in favor and the motion Passed unanimously. CONSIDER LIABILITY INSURANCE PROGRAM Consider a recommendation from the finance committee concerning the city's liability insurance program Councilmember Green, Chairman of the Finance Committee, advised some months ago the Finance Committee decided it would be worthwhile to review the city's insurance program to insure that the city has an adequate risk management system. To assist with that review, the Council authorized Robert Lazarus 8 ' Associates to review the insurance program to see whether there are gaps in it, if the coverages need to be altered, and likewise, if the city needs to change the program or possibly go out for bids relative to getting a better insurance policy at superior rates. He said the consultant has completed its report and indicates the City has a very good risk management system. He said they made a few minor recommendations as to how the city might alter its plan and suggested in October when the city's policy is up for renewal, that the city look at a couple of possibilities for renewing it. He said they essentially say we have a very good policy and recommend that we retain it. He said their suggestion was that it would not be worth the City paying them to review it because what they could save us would not amount to what it would cost the City to hire them. Councilmember Green than made the motion to adopt the Finance Committee's recommendation that the City not go out for bids on the city's insurance Program but that it simply renegotiate some minor changes in the existing program when the PoLicv becomes renewable in October. and Councilmember Howard seconded the nation. All were in favor and the motion Passed unanimously CONSIDER ABOVE- GROUND SEWER CROSSING Consider bids for above - ground sewer crossing replacement on Highway 75N to Autrey Construction in the amount of $22.414.95 Mr. Pipes, City Manager, advised the sewer pipe that is exposed on Highway 75 north least side of what is now Budget Chopper] is supported on old wooden stilts that have been there for a long time. He said as Highway 75 North is widened out to its 80 foot limit, a new span will need to be placed there so that the sewer line will be properly secured and suspended above the creek -bed at that site. He presented the two bids received in the amounts of 822,414.95 and $25,430.75. He recommended approval of the bid from Autrey Construction in the amount of $22,414.95. C_ounciLme ber Knotts made the motion to approve of the bid from Autrey Construction in the amount of $22.414.95 and Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT - -GENE PIPES Consider a request for funds to perform fuel tank test City Manager, Gene Pipes, advised the Texas Water Commission has adopted regulations requiring all underground fuel tanks to be tested prior to December 31, 1990. While it was the city's original intention to budget for this test in the upcoming budget, because of the fuel line leak at the airport, Mr. Johnny B. Poteete, Director of Public Works, is recommending that this tank be tested immediately. He said the staff MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "G" 160 Ls that it would be more cost - effective to test all six tanks at the airport and the Service Center at same time. He advised the estimated cost of this testing program is $2,300. He then requested that ds be used from the reserve for future allocation, which has a balance of $101,067. He said if any of tanks are in need of replacing, the city may go to above - ground tanks, which are now permissible. He d if the tanks prove to be in need of repairs or replacement, the staff will be addressing that need in s fall's budget. Councilmember Barrett made the motion to approve of the 52.300 to test the fuel tanks Mr. Pipes, City Manager, advised the Council approved earlier in the spring Change Order No. 4 to vide a radio and interface for pilot control of the runway lighting system, contingent on FAA approval. said the FAA has declined participation in funding this change order because, while it is a worthy ject, it does not feel that the control system is "mandatory for safety," and therefore, it is not cable through FAA. Mr. Dale Brown, City Planner, advised FAA will approve the change order subject to percent city funding, which will require some $3,300. Mr. Pipes advised these funds will have to come n the reserve for future allocation in the General Fund and recommended its approval. Councilmember on: Councilmember Hammock asked about maintenance on this system. Mr. Pipes said the city will be ble for its maintenance, and has the staff expertise to assume this maintenance along with the other Lighting maintenance work. All were in favor and the motion passed unanimously. iucr ivrm wr aran �ecwraL inc"oe easenxM Tor the downtown Project , Mayor Monday advised, before considering this item, she would like to make a few comments concerning downtown project, as follows: "First, 1 would like to correct some misinformation in Sunday's Item. The Arts Commission scheduled a public open house, and it is just that, the public is invited, Thursday from 5:00 P.M. to 7:00 P.M. to celebrate getting the Meadows' Foundation grant and to provide information on the current project status to the public. In fact, Linda Pease requested Friday that the newspaper include an invitation to the general public in their article. Second, the paper, on Sunday, incorrectly suggested that this was a public meeting to get answers to all the questions about how the final project would Look. That is incorrect. No final decisions regarding the expenditure of any money has been made. And the Thursday meeting wilt simply provide a forum for the continued public input into the downtown project. Finally, the Council has authorized spending up to $300,000 on the downtown projects. To this point in time, not one dime of that $300,000 has been spent. In the process of deciding to commit up to $300,000 to downtown projects, the City Council has deliberated for over two years in at least ten council meetings, covered by numerous newspaper articles of which you will see examples on these two watts. Last Tuesday evening, this Council deliberated for approximately one hour with every councilmember participating. And as I remember it, it was rather a lively debate. The final vote in that deliberation was seven voting for the project and two voting against, not a six to three vote as has been reported. As noted at the last council meeting, workshops and other meetings wilt be scheduled as soon as the summer vacation schedules of the City Councilmembers permit. The specific items related to downtown will be brought to this City Council for its approval. Tonight, we continue to develop the details of those expenditures prior to spending any money." ' Mr. Pipes, City Manager, said what the city has provided is an architectural easement that is the property owner and the city because of the expense that may be incurred by the city of public either through the grant process of the Meadows' Foundation, or out -of- pocket expense. He said ly this instrument is there for the Council's affirmation to let them know what type of consent is MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "Q. 161 being sought and granted before the work is actually done and requires no vote of city council, although Mr. Bounds and Linda Pease will be more than happy to answer any particular questions the Council may about it. In addition to that, Mr. Pipes said, there are three other items: two AIA form architecture agreements and the Richard Haas contract. He said the first contract for approval is for the "Buildin Facade Renovations." with Mr. Kim Williams, Restoration Architect, who will be in charge of this work fo the individual property owners who will be paying for the work itself to be done and who will be contractin with the contractors. He said the City will be providing the expertise and coordination through Mr Williams. The second contract is for a "Landscape Master Plant' lstreetscapel for Downtown Huntsville, wit Mr. Kim Williams, which is very encompassing. He said Mr. Williams has already spent a lot of time with th property owners downtown and is very keenly interested in getting this rolling and taking the input that he been provided and pursuing a consensus and a recommendation for a plan to pursue in that respect. He sai this will definitely give the city a head start in estimating the cost of the projects necessary t accomplish those tasks. Mayor Monday noted these particular contracts also provide for public input an public hearings regarding the landscape plan. Mr. Pipes said these documents do provide for various poste meetings and assemblies in which input and discussion will be held with the affected property owners; th general public is always encouraged to participate. Mr. Pipes said the other contract is with Mr. Richard Haas, whose reputation as an international it illusion artist is well renowned. He said in our situation, it was a major factor in the Meadows Foundatior allocating such a substantial award to Huntsville. He said certainly the expertise that is involved with individuals and their reputation speaks well and loudly. He said the Council will remember, in our �I discussions of last summer, that the credentials of these individuals were a critical element as far as the National Endowment for the Arts program was concerned. He said carrying those same elements over into the Meadows Foundation has assuredly placed Huntsville in the successful column for this particular situation. He said Mr. Haas' contract is ready for approval for the work that has been discussed and the plans for the illusion paintings for the actual historical restoration architectural work in which Kim Williams has been involved. He said there is a contract for those building facade renovations and for the streetscape work that is also planned as a part of this project. Mr. Pipes advised a contract that will follow all of these some months from now is a contract with American Illusion, when the basic plan work is done for the implementation phase and a coordination of schedules is reached. He said we are not ready for that particular contract at this time, but the design and planning work needs to get started at some point ahead of that anyway because, as in our street program, the Public Works crews can cover up more than can be designed in a month, and this is the sort of situation we are discussing. Mr. Pipes said he, the staff and Mr. Williams will be happy to answer any questions in this regard. He said the city is not trying to accelerate this project but rather to take advantage of the City Council's summer calendar schedule, which was produced some months ago, to get this work done in during these lapses when the Council did not initially intend to meet. Mayor Monday then asked for a vote on the two contracts for Kim Williams and the one for Richarc Haas. Councilmember Barrett made the motion to approve of these three contracts as Presented anc Councilmember Hammock seconded the motion. Discussion: Councilmember Knotts asked what if the people involved are not in agreement with this. Mr. Pipes said if the easements are not completed, there is no point in 3oing ahead with the design work. He said, however, we are at a point where we have to get the contracts authorized for the work to commence, depending upon obtaining signed easements. He said Ms. Pease can now approach individuals to indicate the City is committed, has the Meadows Foundation money, etc. Councilmember Knotts noted the Haas contract indicates $16,000 will be paid to Mr. Haas upon execution of this agreement. Mr. Pipes said this contract is being authorized this evening for the City Manager to sign "when the easements are in- hand." He said the motion should be re- stated to reflect that '-the contract will only be signed after the easements are acquired." Councilmembers Barrett and Hammock agreed to this amendment to their motion. All were in favor and the motion passed unanimously. MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK 110" 162 Mr. Pipes, City Manager, presented a request from Cindy Kellgren, Sanitation Superintendent, that D00 be transferred from reserve for future allocation into the LandfilL account [24- 24- 5507]. Ms. lgren advised the additional money will be required to cover TDH permit fees and Pickett - Jacobs suiting fees for the remaining fiscal year. It was noted the reserve fund has a balance of $16,576. Mr. Pipes advised the Government Finance Officers Association advised him by letter dated July 2, 990 that the City has received the Distinguished Budget Presentation Award for the 1989 -90 budget. He oted this plaque will be hung on the waLL of the Chambers with the others the city has received for the ears 1986, 1987 and 1988. Mr. Pipes presented a "Notice of Application [to the Texas Water Commission] for Certificate of onvenience and Necessity to Provide Water Utility Service in Walker County from Mr. James W. Godfrey. He oted this is for the Little Thicket Mobile Home Park, which includes approximately eight acres and 35 urrent customers, and is approximately five miles south of downtown Huntsville generally bounded on the ' ast by SH 75 and on the west by IH -45. Mr. Pipes said it is Located about 2,000 feet from the farthest imit of the city's water distribution system. He said the City has taken notice of the letter notice of my 5, 1990 and the newspaper legal notice of JuLy 17. He said this is similar, in many respects, to the xtensions that have previously been accomplished along Highway 75S to Texas Mirror and then to nternational Wire by contract extension with a private developer. He said the city believes that this articular installation is simply a permitting of a system that has existed for some time, but they would Re permission of the City Council to investigate further, based on this notice from the Texas Water ommission, to determine if this is an expansion or a considerable and significant upgrade of the program, ecause the City believes the cost of the extension over just the remaining 2,000 feet would get city water ervice to this site and the city could, in fact, model a contract agreement for water service to this site conomicaLLy if it is a substantial improvement, upgrade, or addition to this particular mobile home park's star system. He said if it is simply a permitting of what is "in place," then, in all Likelihood, the city ouLd not recapture sufficient cost by 50 percent of the shared cost of the water service to amortize the ost. He said that determination wiLL be made at that time. He said since this is public notice and a olicitation for public comment, with the Council's authorization, he and the City Attorney, Mr. Scott ounds, will be contacting the owner, investigating the extent of this particular project, and acting ccordingLy if there is potential to contract for water supply to this particular Location by a contract xtension. He said the staff will bring the matter back to the Council. MAYOR'S ACTIVITY REPORT --JANE MONDAY Mayor Monday read this communique, as follows: �I "The Huntsville Arts Commission met on Wednesday, July 18, and during the meeting expressed ' their pleasure in the City's receiving the grant from The Meadows Foundation and in City Council's approval of the contract with Meadows. The Arts Commission would like to convey their willingness to participate in a workshop or workshops with City Council; at the July 18 meeting, the members agreed that they want to make every effort to create complete MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "0" 163 understanding of their recommendations. The Commission would Like to come back to City Council in Late August with a tentative time -Line and flow chart as well as a proposal for Phase One of the project, including facade development, historical survey, design assistance committee and cultural master plan and to request a series of work sessions to deal with the issues and to develop together a good format with which to work. The Arts Commission looks forward to these meetings and to working with City Council and with the community at -large for the continuing revitalization of Downtown." Mayor Monday said with the City Council's approval, she will instruct Linda Pease to develop this format and to get back with the Council when everyone is back from vacation so that they can work toward that plan. There being no opposition expressed, it was understood that there is a generat consensus to Droceed with this clan of action. Welcome SHSU Students Mayor Monday said she had the opportunity to welcome students to Sam Houston Last evening. She said Mr. Steve Smith, Channel 11 TV anchorman, will have his son entering SHSU his fall. She said she was delighted to meet Mr. and Mrs. Smith and their son and to visit with all of the parents last night. SWBT Co. /City /County Panel Discussion in Dallas on Rural Issues Mayor Monday noted she accepted an invitation from SWBT Co. to serve on a panel in DsLLBs today to discuss rural issues. She said she served with a County Commissioner from Williamson County and a City Manager from Plainview. She said people were brought in from around the state to discuss rural issues and how SWBT Co. can better serve rural communities. She said they talked about major issues facing cities and I' how SWBT might interface and help with resource and expertise. She said she would be glad to share this information should anyone be interested. COUNCIL ACTION Meadows Foundation Concerns Councilmembers Barrett noted a patient of his visited with a representative of the Meadows Foundation and learned one of their concerns is with cities that allow a Lengthy time to pass before responding to their grant offers. He said his patient was concerned that the City of Huntsville had responded. Councilmember Barrett said he advised her the city did respond quickly. He felt the City did the right thing in responding as soon as it did and felt the people involved in this project assisted the city in getting more money than usually granted; noting the ordinary amount is about $50,000 instead of $150,000. Councilmember Barrett reiterated the City did respond in the proper length of time and that the Council is going to go into every factor of this financially before anything is approved and it wiLL all be approved for the taxpayer in an orderly fashion. Meadows Foundation Grant Workshop Councilmember Knotts said he hopes that all of the questions concerning the grant will be discussed in the upcoming workshops. He expressed his concern for what part of the budget the city will get its matching funds. Mayor Monday reminded Councilmember Knotts that last Tuesday night she suggested that a ' workshop be called during the budget discussions, specifically and only for the downtown, where it could review the downtown dollars for next year, and to also look at all three years. Councilmember Knotts said it is his understanding, Like this contract with Mr. Haas, that this money comes from the budget [of Meadows funds]. Mr. Pipes said that is Meadows' money. CounciLmember Knotts said "so we haven't spent any city money.-- She reiterated the city has not designated where its money will come from and how it will be spent, but there will be a specified workshop during the budget process to do just that. MINUTES OF THE COUNCIL MEETING OF JULY 24, 1990 BOOK "G" 164 Signalization Status for IH -45 frontage road atSmither IH -45 Overpass Councilmember Knotts said about a year ago, the city learned from the SDHPT that its request for signalization for the intersection of Avenue S and the IN 45 frontage road was approved. He asked about its current status, noting it is not yet installed. Mr. Pipes said he checked on this in conjunction with the request for signaLization for SH -75 and IH -45- -which seems to have been done in tremendous haste - -and the response he received from the SHDPT is that the Avenue S project has been designed, reviewed, is in good shape and ought to be up in the near future, however, he did not receive a set date for installation. Councilmember Knotts said the traffic is backed up there at 4:48 P.M. because there is no signal. He said he would not like to see it take another death there to get the State to expedite this signalization project. Mr. Pipes said he will get some word to them to encourage them to expedite the installation. Councilmember Howard noted he accompanied the City Manager and others from Huntsville to Fort Hood to review the troops at Fort Hood. He said while he enjoyed the very exciting day, the C- rations were hard to open and the next time he goes, he plans to take a pocketknife to assist in opening the cans. He said the trip also brought back old memories for him because he was attached to the Third Army, circa 1943. He said it was very interesting to see all of the tanks moving about in formation, and in particular, the erection of the bridge. He said he was surprised that there was such a large contingent there from Huntsville. He said the officers made it a point to talk to the Huntsville representatives. He said one of I� the officers said he hoped they could get some help from the City in the parking area [Huntsville's Army Reserve station], -in the way of rock, etc., because a Lot of people use the area. , Kim Williams Welcome Mayor Monday welcomed Mr. Kim Williams, Restoration Architect, who was present for this meeting. ADJOURNMENT There being no media inquiries, the Mayor then adjourned the meeting. Respectfully submitted, ;uth DeShaw, City Secretary July 24, 1990 I