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MIN CC 05/12/1987MINUTES OF THY NUNTSVILLE CITT 000NGIL HEETINC iz.» 011 iwts. =. fK s;:3 III TYL CITT t►11 COMM CHAMBERS, LOCATED AT 1212 AMU! M 15 THY CITT OF NUNT3VIE COUIT T OF WALKER, TEXAS AT 6:45 P.M. The Council met in a regular session vith the following member', present: Jane Monday, Mayor 0. Eugene Barrett Gary Bell Jim Carter Ila G. Gaines William B. Green William L. Hammock Percy Howard, Jr. 8111 Knotty City Officers present: Gene Pipes, City Manager Ruth DeShav, City Secretary Scott Bounds, City Attorney CITIZEN INPUT Robert Cisneros Utility Netde - -Bo Hall Mr. Bo Hall came to represent Mr. Robert Cisneros, a taxpaying citizen of Huntsville, who owns a trailer home which he has placed on ■ lot on 10th Street and is now having trouble getting city eater and sever and electricity tied into his trailer so he can move in with his family. Hr. Hall said Mr. Cisneros cannot afford the 69,540 to get water, sever and electricity to his trailer or even less than that amount. Mr. Hall asked the staff to refigure its estimates for these services to see if they can be provided for less than 61,000. Mayor Monday thanked Mr. Hall for his presentation and asked Mr. Pipes, City Manager, for the staff's response. Mr. Pipes said Mr. Cisneros moved his trailer onto this lot about two months ago, without a perdt. which is required by the ordinances of the City of Huntsville which would be intending to prevent and preopt a situation like this by simply making the determination if water and sever facilities were available before he (Mr. Cisneros) went to the expense of moving his mobile home onto • lot that didn't have proper services. Me said several years ago, Mr. Cisneros made application for a commercial establishment on this site and determined at that time that no water or sever vere available in an economic sense to this site; this was some three yearn ago. Mr. Pipes said the available water line is an old 3/4 inch line that comes off Avenue G eastward to aim= the location of an existing mobile home park in that area. Mr. Pipes said the eater line along Avenue F is a large line, but it is on the opposite side of Avenue F. Since Avenue F was just recently overlaid in the recce sttuction project, it will require a bore of Avenue F to keep from having to cut the new asphalt surface aid r4,--'s bore is very expensive. He said the City cannot piggyback an existing tap which serves the house on the come of Avenue F and 10th Street (Willie Smith residence and former owner of the lot in question that is without services, who was aware of this situation when he sold the lot). Mr. Pipes said the staff's concern mss, in developing this cost estimate, that if the city is to participate in extensions of water and sewer services vp this street, for possible other future development as well, that the lines be of sufficient size for all of the adjoining property. Mr. Pipes said the problem Mr. Cisneros is encountering today is the inadequate mm ter and sewer service that historically has not been provided because of inadequate development demand at the time and it has been piecemealed together. He said the need for a six inch water line is for fire protection. He said our standards are for participation by the public in extensions to extend a water main that is sufficient to supply a water supply for fire control pressure services. He said the two fire hydrants available are in ewes= of 600 feet. He said it would be difficult for the staff to recommend that we would extend the line map 10th Street that did not have an adequate supply capacity to support the fire service if the city is to participate, Be said the city vas asked to try to figure out what it could do, for Mr. Cisneros' benefit, in terms of parti- cipation. Mr. Pipes said the city's standard rule ie one half the cost of the first 300 feet. Be said this extension for water for fire protection services would be in excess of 300 feet off of the Avenue C main, bat if the city cute the cost in half, it is still in excess of what Mr. Cisneros can afford (lees than 61.000). Mr. Pipes said In terms of sever service, the city's policy is to extend across the front of any property in any line in which the city participates so that if the city encounters a service line problem in additional or adjoining property in the future, then the money the public has put into a private sewer extension can be used to terry the service on and resolve other problems that may exist. He said if the city did not requite Mr. Cisneros to do this and chose to waive the frontage across his lot for a matter of convenience, because Mr. Sublett owns the adjoining property which also does not have sewer service today, and because therm is some additional property across the street that would have to have or would possibly need sewer service in the femme if it were to develop, then the manhole for those other residents and other property owners to tie into is the appropriate extension policy and the nix inch line is required simply to have store than one residential service into the line. Mr. Pipes said all of these standards vere established in our Development Code with the idea that the public's interest be protected and the participation by the public in the utility extension policy requires thin the public's interest be maintained and the cooperative venture reflect not only the private individual's ,amens but also the public's needs. Mr. Pipes said the City is, In its comprehensive plan and in the capital iaprovae- ments plan, planning to widen and improve 10th Street at some point in the future-- which is on scbednle for 1990 or 1991. He said at that time, he is reasonably certain, that in conjunction with the street improve- ments, the city would be extending eater and sewer mains through this entire block. Mr. Cisneros would, as a number of other residents in a number of other locations in tow simply have to access the water ant sewer mains that pass in front of his lot. Mr. Pipes said this area, admittedly, is substandard as it is deficient in water and sever service. He said there are a number of areas in town that remain so today. The City has berms very strongly struggling to resolve those problems over time. he said. He said there is no guarantee in this community and in slot of communities that water and sewer will be easily or economically accessible tc any piece of property. Mr. Hall vas advised Mr. Pipes will be happy to go over the details in any depth with him or anyone else who has time or interest in this matter. He said ve have provided all of the information we can at this point but we simply cannot make a better set of circumstances for Mr. Cisneros than what he has bought into. Mara: 'Monday suggested Mr. Hall or Mr. Cisneros or any of his representatives should contact the staff this 'reek as they 'stand at their disposal to go over any information. Mr. Hall said be would be there at 8:00 A.M_ toma+:rom. FORMAL MEETING Mayor Monday then called the formal meeting to order. Father Noises Cabrera of St. Thomas Catholic Church presented the invocation. 0O116IDER Til Y11UTIS Of 110 PB=V10I $ 10U1TINIG (APPROVER) Councilmember Barrett made the motion to approve the City Council Meettng Minutes of April 28 and May 5. 1987 and Couocilmember Gaines ascended the motion. Amendment: Councilmember Bell amended the meeting minutes of April 28. 1987 germane to the hiring of police officer on in overtime basis by two pave shop busiassues by adding the statement that the City Manager will report back to the Council as to the effectiveness of this contract so as to let the Council know how it is working. With this one amendment accepted by Councilmenbere Barrett and Gaines, the motion then palmed unanimously. CONSIDER ORDINANCE (HOLD) Consider Ordinance approving claim and delivery of certificates of obligation in the amount of $96,495 for a front loading garbage truck as assigned to J. 8. Neiderhofer, Jr. at 6.12 interest for a four year maturity Mayor Monday advised this Council this item will be delayed for consideration until later due to the fact the truck has not yet arrived in Huntsville. It has to be modified to meet specifications (remove stack). CONSIDER REQUEST FOR FUNDS (DENIED) - Consider • request to increase a services contract with Huntsville Alcohol 6 Drug Abuse Program 1n the amount of $5,000. Gene Pipes, City Manager, advised the Council that after lest week's meeting, Ms. Burns -vas asked to pro- vide the client information. Be said the Council asked how many of these clients are direct referrals from the City. Mr. Pipes said he checked with Municipal Court's Administrator, Pat Graham, who reports she had no recollection of making • referral this year or last year to the Huntsville Alcohol 6 Drug Abuse Program. Mr. Pipes said the clients referred to in the listing from HADAP are referrals from BISD or individual contacts that may have been made, but none are from the City for 85-86 or 86-87. Councilmember Carter said he would bop* that in the future during the budgeting process this summer, ve might get more detailed information so that perhaps the City can assist this program neat year. He said from the information he has received so far, he is not ready to vote a supplemental amount. Councibeaber Barrett said he'd also like to say that and that HADAP needs to refine its budget because be felt this is a very needed program and he'd like to see the city fund it as much as possible. Councilmember Bell commented there is a tight budget in the city and this is one of the reasons the Council must look very carefully at these recommendations. He said because of this situation, he i not prepared to push for this funding, but be hopes people understand that we are operating very close to the vire. Mayor Monday asked Ms. Burns to get with Mrs. Ruth DeShav on the time lines for presenting budget infor- mation to the city for the summer budgeting sessions. Mfs. Burns thanked the Council for their previous support. She said there are referrals from the Municipal Court, but they are not direct but rather informally suggested to the person in need, perhaps. She said about 952 of their caseload resides in Huntsville and this is the reason for the numbers she presented to the Council, which are not reflected in the Municipal Court records. The general consensus of the Council then vas to deny authorization of the additional $5,000 for this program at this time. CONSIDER ORDINANCE (HOLD) Consider Ordinance increasing the occupancy tax for hotel and motel use by 32 to be designated for operation of • convention /conference center and providing for the collection of revenues generated by the total levy on a monthly basis (TBP). Mayor Monday advised the Council that Chairman Bill Nash of the Tourism Charter Commission has requested another week to finalize some matters prior to the Council taking action on this ordinance. She indicated Mr. Nash will probably be ready next week. CONSIDER WILLOW STREET (APPROVED) Consider a contract for pro rata coat share participation by abutting property owners in a project to construct Willow Street from Bowers Boulevard to Magnolia Street The City Manager, Gene Pipes, advised two years ago there was • consideration of a project in the capital improvements program which was the paving of the Willow Street project from Boyers Boulevard to Magnolia. Me said the city's participation in this project vas the relocation of water and sever lines that serve the Univer- sity campus from the Pala Street Water Plant —this le interior still to this site over on Pala Street, the 10" water main that serves the University cute dove perpendicular acroe■ this area and we would need to lover those lines and make certain other adjustments. He said the paving project will be the responsibility of the abutting property owners. The instigation of this project vas the construction of the Paper Moon Apartments at that time by its owner and the need for • paved public access and emergency vehicle access to that rear set of apartments on the other aide of Willow Street (unit is built in two sections; one immediately adjacent to Avenue H and one $every much interior to it). He said other large apartment projects in this area are the Miami Apts., the old Willow Street project, and Cornerstone Apts. He said there is also a large cemetery closer to Magnolia Street that is accessed off of Magnolia and le almost inaccessible at the present time. He said the University has some property there immediately behind the Willow Street project adjacent to Bowers Blvd. and Gibbs Bros. 4 Co. owns a tract across Willow Street opposite the University property and some of the Miami Apt. project property. Mr. Pipes said while he has not detailed all of the owners that abut this particular street, an agreement has been in the works for some time about this project and it has been being worked on to try to effect this street getting constructed and perhaps alleviate some of the University traffic, especially some of the football game traffic and other events in the athletic facility on the east side of the campus. Mr. Pipes said the apartments along there all access themselves to Avenue H and there is a considerable amount of traffic generated there. Potentially, he said, we have talked about extending this street through to Sam Houston Avenue and tee in at the intersection vith Possum Walk and being able to have another access artery out to the interstate from this given area. Mr. Pipes said, in terms of long range planning, this particular project has quite • considerable general public potential as well as private access potential for the abutting property owners. The Council vas advised the total construction estimated coat for the project if $483,000. Mr. Pipes said the city has $140,000 in the capital improvement fund priority list program for some two years. He said the abutting property owners have come to a general agreement that is pretty much along the general contract fora. In order to move forward on this project, he said, he vented to refresh the Council's memory about the original commitment that had been made and proceed from this point in accepting the pro rata participation based on tits front foot exposure to Willow Street from all of the property owners that are participating in this project and then seek the Council's permission to authorize the staff to go out for bids to nail down the actual cost for doing this project, by taking a contract bid. He said this is the type of project that in total construction and is something we cannot easily do vith city crew because of our already rather staggering comaitaemt to eb. capital improvements program. 111ilt load quotes' d tl2aivd om a project this siss. N said if me ea gat the project let by June, we can have the entire project dome before adverse fall weather conditions out. He said several of the owners have already put their money on the table._ M said the city would not go out for bid until all of the committed funds are "on the table." Mr. Pipes said the plane and specifications have been done for some time, witting for the commitment td the abutting property owners. He commended Mr. Glenn Isbell, Director of Design Engineering, for his nagotiatlnas with the owners to get to this point as it is difficult to get someone to pay in advance for a street imprwoemt of this magnitude. H. then asked the Council for authorisation for staff to advertise and take bids for tibia project. After some discussion for clarification, Councilmember Barrett made the motion to authorise the Council to advertise and go out for bids on the Willow Street Paving Project and Councilmember Green seconded the mottos. Mr. Pipes interjected the city Will not be honoring this authorization if all the money isn't committed up front (on the table or an lrrevokable letter of credit). All were in favor and the motion passed unanimously. CONSIDER FLOOD INSURANCE PROGRAM (PASSED) Consider ordinance amending the adopted flood plain regulations to conform with the F.E.M.A. changes to the National Flood Insurance Program (N.F.I.P.) Mr. Pipes said the Federal Flood Insurance Program was modified last October and some of the information the city was supposed to have in January was mislaid in efforts to get out our capital research program. 3. said the city was contacted during the last couple of weeks and told we need to update our information. Ha said the city became involved in • rather complex evaluation of what our existing rules are and what we can possibly do under the rules. He said before the amending ordinance is presented, he wished to update the council cm this program. He said the City entered the National Flood Insurance Program in the middle 1970's under a set of standards the Council instructed us to follow which was to do the minimum necessary to comply. He said that is what our program has been to this point in time. He said this requires that the finish floor elevation of any new structure that is in the flood plain be elevated to one foot above the 100 year flood plain experience as determined by a survey. He said the current city ball sets in the confluence of three major creeks and its sla 1s at least one foot above the 100 year floodplain. He said in being consistent with all of the other property owners that own property adjacent to all the creeks in the City and ETJ, we feel it is appropriate to simply inquire as to the Council's beat position before we do an extensive effort in drafting an ordinance. He said the intent is to comply with federal regulations so our citizens can continue to purchase national flood imsur- ence. He said if the Council desires, the staff can spend a good deal more time and perhaps do some modifica- tions that will affect other changes. The Council was advised that interference with the regulated flood -way (the creek itself) 1s the major concern. He said the Federal Government is not concerned particularly about how much run -off water is generate but primarily on the encroachment on a regulated flood -way, which is a creek. Mr. Pipes said under this program, the city could prohibit any construction in the floodplain. He said the key element to the require- ments is that the city allow nothing in the regulated floodvay that will cause water to back -up or rise into adjacent construction. Mr. Pipes said we can do that, or simply do what we have done historically, and that is to do the minimum to comply with the rules and regulations which is our current operational philosophy, amd go on from there and use another vehicle such as the Development Code in the future to make any changes in green- belt standards, etc. Mr. Pipes said the current standards require that a surveyor, registered engineer c- other qualified individual certify that the slab elevation in any new construction in a floodvay be one foot above the 100 year floodplain- -this is all that Is required at the present time. He said this is enough to qualify for National Flood Insurance. He said the City can do slot of things more stringent, including total prohibition of anything being built in the floodvay. He said that is slot of property and would require survey- ing all of the creeks and waterways to establish what that 100 year floodplain is. He said we may be surprised that ■ large portion of downtown, this building and others that are rather substantial structures that have ben here in use for years would, in that type of regulation, be out of luck. Mr. Bounds, City Attorney, said in summary, there are basically two major changes: 1) must have all the air conditioning, electrical and those types of units that are accessory to any normal type of building to be floodproof just like the buildings. (Before, he said, we had air conditioning and heating in the basement, and the house elevated.) 2) require that we change all references in the rules to mobile homes to manufactured homes; and 3) maintain updated maps. Mr. Bounds said if the Council goes beyond that, we wouldneedto require an analysis of the effect of development as far as run-off is concerned downstream. To some degree. he said, this is already required by the Development Code. He said if the Council wishes to get into a more detailed explanation of that, it will take us longer to do that as opposed to make the formal changes necessary to allow us to keep the National Flood Insurance Program. After some discussion, the council then voted as follows: Councilmember Green said he felt ve should only require the minimum necessary to comply. He said the other aspect of drainage has to do with our Development Code and he didn't feel we should try to tie these two together. Councilmember Green then made the motion that the City Attorney draft an ordinance to comply with whatever changes are requried to maintain this area's eligibility for the National Flood Insurance Program and Councilmember Barrett seconded the motion. Discussion: Councilmember Carter encouraged the city to take a look at the problem of run -off in the city that goes beyond the flood problem, because a serious problem bayou our control is the state property at the university where they don't seem to pay much attention at all to run- off. He said he would like to see the city begin to pay attention to what one property owner does to peo ;ie downstream more than we have been doing. All were in favor of the motion on the floor and it passed unanimous'', CONSIDER CLEARING AND GRUBBING (HOLD) Consider authorization for the City Manager to contract for the clearing and grubbing of a portion of the Lake Road right - of-way to install a 8" water main as planned in the 1987 CIP priority plan in an amount not tc exceed] $1,690 from CIF (utility) funds } Mr. Pipes asked the Council to delay consideration of this item due to the fact there is still one ease no yet acquired. He said he will try to reschedule this Lem for next week. PARKING CHANGES Consider proposed parking regulation changes around the Courthouse to accommodate the Social Security services Gene Pipes advised this item will be delayed as well due to the fact the County Judge, Frank Robinson. w in Austin for the past two days supporting the proposed Sam Houston Site for the Superconducting Super Co`lider and has not had time to finalize his proposal. He said he will try to reschedule this also for another time. J. D. DICKENS1N RETIRES FROM NEWS REPORTING Mr. Pipes advised the Council Mr. J. D. Dickenson rill be leaving his post as news reporter for WI Iatio Station this week. His successor is expected to begin attending the city council meetings next week. Mr. Pipes lauded Mr. Dickenson for his excellent coverage of the city's business in-his watchdog style over these years. Mr. Pipes then presented Mr. Dickenson a City of Huntsville belt buckle on behalf of the city staff in apprecia- tion for his service. City Attorney, Scott Bounds, interrupted the proceedings to advise the City Manager this not on the agenda and it would also be improper to give army city property. Mr. Dickenson said that's alright because 1 need a "belt" not a "buckle." Mr. Pipes then presented Kathy Pair, reporter for the Huntsville Item, a crutch since J. D. will no longer be there to help her out. Mr. Pipes then presented J. D. with a paddle (found in the creek) so that J. D. rill never be "up the creek without," from the city staffed and signed by all the city councilmember■ and including the insignia: "Caution: Use of one oar may cause one to circle." Ratty Fair said if we think she needs that crutch, we're in for something. It was noted it is also Lisa Taube's Iasi evening to represent KSAM Radio Station as she will be moving on to Minnesota. MAYOR'S ACTIVITY REPORT Appointment to Board of Adjustments and Appeals Mayor Monday then presented the nomination of Mr. Luther Jones, Manager of Entex Gas Company, to fill the open position on the Board of Adjustments and Appeals, which occurred after the appointment of one of its members, Joe Sandie, to the Planning Commission. Councilmember Barrett made the motion to approve of the appointment of Luther Jones to the Board of Adjustments and Appeals and Councilmember Green seconded the motion.. All were im .. favor and the motion passed unanimously. Superconducting Super Collider Site Proposal -- Report of Austin Meeting Mayor Monday advised the two sites chosen from Texas to be submitted to the DOE in Washington, D. C. are the Dallas -Fort Worth site and second, the Amarillo site. She said Huntsville was very well received and can be very proud of the Sam Houston Proposal as it was extremely expertly presented. She felt the compilation of this data, which has never been done before, will be extremely beneficial to this region as it seeks to regionalise its economic development efforts. She said the value of the data base put together for this project on the open market would be somewhere in the $50,000 range and that the report was simply handed to the City for its use. She felt Huntsville and Walker County came away as winners for the effort and experience and for the new opportunities this provides this area through the joining together of regional leaders. She said the report and information in this regard will be available for review In the City Secretary's office. { Thank you to J. D. Dickenson Mayor Monday then expressed her personal thanks to J. D. Dickenson for what he has meant to this community in his role as a reporter of the news. COUNCIL ACTION Traffic Problem North of Bearkat Stadium on Bearkat Boulevard -- Councilmember Green reminded the City Manager that now is a good time to make those boulevard cuts, perhaps two cuts, on Bearkat Boulevard for each exit from the parking lots of Bearkat Boulevard so that exiting traffic will not have to go east before it cam go vest. Holly Lane Dead End Sign Needed -- Councilmember Bell reported the neeed for • dead end sign on Holly Lane. I -45 Corridor -- Unlocking Tourism's Potential -- Councilmember Carter referred the Council to this months City i County Magazine's article concerning "Unlocking Tourism's Potential." He said the article stresses the importance of a tow's entrance -way as the first impression of a small tow and that it should be honest and straight - forward. It says alot of small towns have the same fast food restaurants covered with the same secerials and similar billboards which advertise things not available in the city. It also says t city needs to control the view people get upon entering the city and not greet them with a jumble of advertising. He said the physical entrance quarter has no meaning or value in and of itself- -the focal point must be the builditqs and plants people see on first glance, according to this article. He said he hopes the City Council will begin to do something to control the first impressions people get when they enter the City of Huntsville. eral -- The Councilmember generally expressed their sincere appreciation to the Mayor for her genuine effort in Austin as a representative of the City of Huntsville and its support of the Sam Houston Site for the Superconducting Super Collider (SSC). Also, farewells were extended to J. D. Dickenson. J. D. Dickenson expressed his farewell greetings. He indicated he has built a photography business over the past ■ 25 years with a specialty in legal work. He said trying to maintain that business along with the news reporting duties became too much for him. He said he 1s still associated with KRNI in Its ownership, however. He expressed his appreciation for the City Council and Mayor and city staff for the work they do. New Councilmember Orientation Meeting -- Austin -- Councilmember Knotts reported on the meeting he and Counc- member Hammock attended last weekend, noting it was very informative. Res ectfully submitted, Ruth DeShaw, City Secretary