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MIN CC 05/03/1983" ` MINUTES OF MAY 3, 1983 CITY COUNCIL MELTING "N" rriOL 47b THE HUNTSVILLE CITY COUNCIL MET IN REGULAR SESSION 111 THE CITY HALL COUNCIL CHAMBERS ON MAY 3, 1983, LOCATED I AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:30 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davis 8111 Hodges Percy Howard, Jr. Jane Monday Bob Tavenner I; MEMBER ABSENT: Jerry Dowling EXECUTIVE SESSION Mayor Nash called the meeting to order and announced that the Council would now recess into an executive session to discuss real estate and legal matters. RECONVENEMENT The meeting was reconvened by Mayor Nash. The Mayor noted no formal action is required because of the executive session discussions. INVOCATION The Reverend Donald Kasper of Faith Lutheran Church then presented the invocation for the Council Meeting. MINUTES Councilmember Monday made the motion to approve the minutes prepared for the meeting of April 19, 1983 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Mrs. Billye Muecke, Chairman of the Clean Up Campaign, to make presentation to the City Mrs. Billye Muecke, co- chairperson - Clean Up Day project, presented the Mayor and Johnny Poteete, Director of Public Works.and Mr. Curtis Loving, Sanitation Superintendent, with certificates commending them for their efforts over and beyond the call of duty in performing the necessary work to make Clean Up Day in Huntsville such a success. She reported that 828 bags of garbage were collected on Clean Up Day along with 357 truckloads of trash that were taken to the Landfill, with over 200,000 pounds of trash being collected in just eight hours. She commended everyone who joined in and participated in this campaign and noted it hopefully will be an annual activity. She noted Dennis Powell, the co- chairman of this project, joins with her in recognizing these people. Mayor Nash then commended the efforts of Mrs. Muecke, Knthy Dowling and Mr. Dennis Powell and asked the Council ' to give them a round of applause. Po Hall and Mary Jane Addison The schedule of the Council Meeting was interrupted briefly by two unannounced visitors dressed in drama garb to advertise the upcoming Gilbert and Sullivan Opera being presented by the Huntsville Arts Commission on May 5, 6, and 7. Mrs. Addison and Mr. Hall greeted each of the Councilmembers and invited them personally to attend the opera. Mr. Hall noted those involved in the opera and those who will benefit from it wish to thank the City Council for their sponsorship of this event (in the Criminal Justice Center). Mr. Bill Knotts, Chairman of the Planning Commission Mr. Knotts noted the Commission met last evening. He reported that Mr. Nash attended the meeting and advised the Commission again of their role and scope and how the Council depends on their assistance. He noted this was most helpful to the new members and to the current members as well. He noted two plats were discussed and reviewed: 1. The Henderson Property, intersection of FM 247 and FM 2821, contains some 200+ acres is being proposed for development as an industrial tract. He noted this is the original site of the now defunct plans to build a private hospital. He noted GSU, Dub Howse, etc. properties are out of this tract. He noted the lake is being filled in. He noted the Commission approved this plat conditionally, with some changes being suggested by the staff to make two of the streets collector streets to take care of adjacent property in case it is developed. 2. Rolling Brook, Section 1I, apartments north of the Holiday Inn, previous granted a variance, requested a street relocation variance on Pine Shadows which goes on out to the feeder road. He noted they merely wanted to change the curve in it. Mr. Knotts noted two or three developers and several real estate people attended this meeting. He noted some input and alot of talk ensued in the discussions of the design criteria manual changes and he felt all was coming together well because of the input. He noted the discussion on changes will resume in June and that the Commission should have its recommendations ready for the Council by the first meeting In June of the Council. Dr. Phillip Allred to Request a Variance to the Sign Ordinance (Audiological Testing Services) Dr. Allred requested the Council's consent to leave his sign in the City's right -of -way on the property north of 10th Street across from the Post Office. He noted he did not know about the City's ordinance and follow- ed the style and placement of other signs on the street. He'quoted from the ordinance a statement which he inter- preted to mean the Council could give certain consent depending upon the situation. The Council noted they wouldr refer this back to Mr. Bounds for Interpretation and try to give him an answer by next week. He advised Dr. Allred that the ordinance does not provide for variances and it was not the intent when It was written to provide;' for variances. Mr. Nash noted if the ordinance has a statement which hints to a variance, the Council would be i inclined to remove that statement or to clarify it to not allow a variance. He advised that he understood Dr. Allred's problem regarding visibility in light of the other signs along that street that were in place before the ordinance went into effect and are not required to conform to the ordinance. CITY COUNCIL MEETING- -MAY 3, 1983 FAIL bUUK "N" Mr. J. B. Woods to discuss the acceptance for dedication and maintenance an access easement /alley named Cherry Walk which leads to an apartment complex off Avenue Q. Mr. J. B. Woods had asked to be removed from the agenda, so he did not appear for this discussion. PUBLIC HEARING Convene a Public Hearing on proposed changes to the Subdivision Ordinance and Design Criteria Manual Mr. Nash noted the Planning Commission had attending citizens in their review session last evening but they did not complete their total review of the Design Criteria Manual; therefore, they are not in a position to make recommendations to the Council this evening. Mr. Nash noted comments are welcomed now, but that addi- tional comments will be taken after the Planning Commission's June meeting during which they hope to complete their review. He noted any potential speakers tonight may wish to know this in the event they might prefer to hold their comments until June after the Planning Commission and staff have made their recommendations. Mr. Knotts, Chairman of the Planning Commission, confirmed heisunprepared to make any recommendations now due to the incomplete nature of the Commission's review. There were no other public comments and no one came forward to speak. Mr. Nash then closed the public hearing and noted another would be held in June to complete this review. PROPOSED ORDINANCES Review of Proposed Ordinances Revising Subdivision Ordinance and Design Criteria Manual Mr. Dale Brown, City Planner, noted the Planning Commission has not yet completed its review of the second ordinance which revises the Design Criteria Manual but it has reviewed the first ordinance changing the Subdi- vision Ordinance. The Council then reviewed the proposed ordinance revising the Subdivision Ordinance and referred certain sections back to the Planning Commission for restudy and clarification. These ordinances will be brought back to the Council after the Planning Commission's meeting in June. H.U.D.= -NEW ADDITION PROJECT Consider a proposal by the contractor's Surety on the Outfall Sewer Line Project to take over the project from W. P. Constructors as originally awarded due to default -- H.U.D. Project The Council reviewed a default letter signed by W. P. Constructors, Inc. and a proposed Take -Over Agreement from Baker & Botts Attorneys on behalf of Gulf Insurance Company, Inc., the insurer of W. P. Construc- tors (Bond Claim). It was noted W. P. Constructors was financially unable to complete the construction contracts bonded by Gulf Insurance Company, Inc. for certain sewer improvements under the H.U.D. project. The Surety, Gulf Insurance Company, agrees to honor the City's call upon its performance bond obligations by contracting with Jankeela Construction Corporation or such other contractor as may be called "Completing Contractor" for the completion of the contract work. Mayor Nash noted he had several questions in this "Take - Over Agreement" regarding the statement: "If such balance of the contract is not promptly paid in accordance with pay estimates submitted pursuant to the Contract and this Agreement, the obligation of Surety and Completing Contractor hereunder shall be voidable at the option of Surety and Surety may abandon any work yet to be com- pleted pursuant to any take -over agreements without prejudice to its claim for payment for work done to such date." He noted this to him is in addition to any requirement with the original contractor and he did not see any reason to agree to this, noting the City should pay according to the original contract the City has with W. P. Constructors and not additional obligation should be added onto the City. The City Attorney noted he has no problems with deleting this sentence. Mayor Nash noted the following sentence then can also be deleted, which reads: The bond obligations of Surety shall not be affected, however." Scott Bounds agreed to deleting this sentence also from the agreement. Mayor Nash noted he felt the words not acknowledge" in the next sentence does not give protection to assignees, creditors or transferees of WP and asked the City Attorney to revise this sentence, which reads: "Owner further agrees that it will not acknowledge or honor any claims or charges against contract proceeds of balances by any assignees, creditors or transferees of WP or any other parties making claim to any of such proceeds or balances without the consent of the Surety." He noted any claimant against WP has a time limit and this time limit is resolved by notice and notice to the city would be proper notice, so saying the City "can't acknowledge" such notice, the City is not giving those people due protection. The City Attorney, Scott Bounds, noted he has no problems with deleting the words not acknowledge" from this sentence. Councilmember Corley then made the motion to approve the Take -Over Agreement with the Mayor's suggested changes and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Consider an easement acquisition proposal to acquire necessary right -of -way for the construction of utilities and other improvements Mayor Nash noted the City has been negotiating for a lift station site in the New Addition area with Mr. Randy Pollard and offered him $2,500 for 7,971 square feet or the entire tract of land last October and in February offered him $553.85 for 1,011 square feet or just the lift station site. He noted both offers were rejected by Mr. Pollard. He noted Mr. Pollard offered a counter proposal of $2,789.85 for the entire tract of land. The Council reviewed the staff's recommendation seeking to avoid the costly condemnation procedures and expedite the acquisition of the right -of -way to accept the counter offer because the property which will be utilized for a lift station site is necessary to serve a portion of the neighborhood and is the only site that can be utilized for this purpose. Councilmember Brown then made the motion to establish the just compensation for Mr. Randy Pollard K7 -4 property at $2,790.00 and to authorize the city staff to distribute a letter offering to purchase the property as per established just compensation amount and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Review a progress report on the project and a time line projection for the future phases The Council reviewed the progress report dated April 21, 1983. THE FIREWORKS EXPOSITION AND BAND CONCERT Consider a proposal from the Walker County Fair Association to combine the City's fireworks exposition and band concert with their scheduled activities on July 4, 1983. Mayor Nash presented a letter from Jack King, President, Walker County Fair Association, requesting the City of Huntsville to again join them in an Old Fashion Celebration at the Walker County Fairgrounds by holding the Fireworks Display and band concert there. Councilmember Hodges made the motion to approve this joint ven- ture and Councilmember Monday se cr ' ' 'he m,,r'on. Discussion: Councilmember Brown noted something must be BOOK "N" -- PAGE 300 CITY COUNCIL MINUTES OF MAY 3, 1983 worked out to relieve the traffic congestion after the fireworks are over. Councilmember Monday suggested the problem is at the Highway 30 and IH -45 feeder road intersection at the traffic light. She noted this is where the traffic got held up. Councilmember Monday noted the City will be of assistance regarding sanitation and trash pickup for this event and Gene Pipes, City Manager, confirmed that the City will again cooperate in this manner. All were in favor of the motion on the floor and it passed unanimously. CITY MANAGER'S REPORT Individual Car Plan Update Mr. Pipes presented memos from Chief Farrar, John Keys and Anthony Blevins regarding the need for additional vehicles, update of cost of maintenance on patrol cars purchased for the Department of Public Safety, condition of vehicles bought from the Department of Public Safety and condition of undercover cars bought from rental agency. Mr. Pipes noted all that is being requested now is the purchase of one additional car to fill out the fleet. Councilmember Brown noted he would like for the staff to proceed with the acquisition of this additional car immediately. The Council agreed that the staff should bring this item back for the Council's approval. Moody's Investors Service Report Mr. Pipes presented this report and noted Moody's rating committee has assigned the City a Baa 1 rating to its $2,400,000 Water and Sewer Revenue Bonds which were sold on April 19, 1983. Mayor Nash noted he was advised by a broker the following day that three- fourths of this issue had been sold up at that time and he was anticipating that it would be all sold by the next day. Mr. Pipes noted the Municipal Credit Report published by Moody's Investors Service on April 18, 1983 is a very detailed document about the City's financial standing and he suggested the Council retrieve it from their packet for future reference. Warrants Service Update Gene Pipes then presented a memorandum from David Farrar, Director of Public Safety, noting that 62.5% of the warrants issued during this quarter have been collected. He noted he felt this is adequate; although not most desirable it is acceptable because the serving of warrants is not an individually assigned, specialist duty, but an additional duty of the patrol force generally. Workshop for Elected City Officials The HGAC workshop information was provided to the Council regarding their May 13 and 14 meetings. Mr. Pipes noted anyone interested should contact the City Secretary to make registration. Fire Hydrant Program Mr. Pipes presented a map showing the present status of the fire hydrant maintenance program. The map showed the number of hydrants in each particular identified area and the cross - hatching denotes those which have been maintained and painted and the single - hatching designates those that have been maintained but not painted. He noted one objective of the program is to do pressure tests on the lines but this has produced a brown water problem so this practice has been discontinued until after all maintenance and painting work has been done. At that time then a two-man crew will do pressure tests in isolated areas so the water won't be stirred up quite so badly. The Council commended the staff for this work noting it is a great accomplishment and a most vital and valuable tool to the Fire Department. TML Legislative Report Mr. Pipes noted the TML Legislative Report has been copied and provided to the Council. Airport Land Trade Proposition (City with Mance Park) Mr. Pipes noted the airport land trade transaction will be finalized next week with the proper documents ready for formalization. He noted the legal advertisement requirements have been published and all is in order for final execution next week. Helicopters and Residential Landings Mr. Pipes reported that FAA will assist the city by enforcing FAA's own rules regarding helicopter landing procedures and the City will not need to institute an ordinance to effect this safety precaution. Texas Municipal League Request for'Survey on Hotel -Motel Tax Increase Mayor Nash noted that the TML is asking the Council if it would support an increase in the hotel -motel tax and if so, in what amount, 5 %, 6% or 7%. It was noted a bill is pending which could allow cities to charge as much as 7%. The Council was unanimous in stating it would not support an increase at this time (does not need an increase at this time); however, it went on to state that if the legislation is approved and other cities then begin charging the 7%, that it would also adopt the 7%. The Council authorized the City to answer this survey by checking the block indicating "Does not need an increase at this time" but if the legislation is approved, our city probably would increase its hotel -motel tax rate to "7%." Word Processor for Administration Councilmember Brown made the motion to approve the use of unexpended funds from the salary of the word processor position for the purchase of a word processor for the Administrative Secretary and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT -- William V. Nash Planning Commission Appointment Mayor Nash then asked the Council's approval of his appointment of Dr. Bobby Marks to fill the unexpired term of Don Taylor on the Planning Commission, which term expires October 1, 1985. Councilmember Monday made the motion to approve of this appointment and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Proclamations Mayor Nash noted on April 26 a proclamation was presented proclaiming Military Appreciation Week and on April 29, a proclamation was issued proclaiming Older Americans Month and on May 3, a proclamation was given proclaiming National Nursing Hone Week. Presentations Mayor Nash noted on May 3 a Key to the City was presented to the U. S. Army Field Band, which was in Huntsville for a concert as part of Military Appreciation Week. He noted Colonel Clark, its Director, accepted the key. Educational Conference Sponsored by GSU- -April 26 Mr. Nash noted he attended a technical seminar sponsored by GSU which was designed to gain local input. He noted he is having a letter sent suggesting certain things. He noted Bill Hodges was also there as President of the Chamber of Commerce. Bicycle Safety Week -- Mayor Nash noted he drew the winner of a free bicycle given by Baskin- Robbins in recogni- tion that this week is Bicycle Safety Week. Hearing in Austin Mayor Nash noted he and Councilmember Hodges and the City Manager went to Austin on Monday to attend the hearing before the Senate Affairs Committee of the House of Representatives regarding the state tax situation. He noted things look good for the County and HISD, but he was not sure that the City would be getting much relief. Councilmember Hodges noted the legislators in Austin seem to think the mere presence of state institu- tions is adequate and no relief is necessary from the state for any burdens they may be causing a city.as they are relating this to Austin's situation. Mayor Nash noted those in Austin were not sure where they would draw the line to start paying for services. Jog -a -Rama for SHSU Athletic Department Mayor Nash noted he and the City Manager walked and jogged for funds to benefit the SHSU Athletic Department this afternoon. He noted persons contributed so much money for each lap walked or run by participants. He noted he and the City Manager completed 40 combined laps. COUNCIL ACTION Water Tower Sign & Model -- Murray Brown asked if the sign had been put in place on the water tower site. Mr. Pipes noted it has been completed but not put in place as yet. Councilmember Brown advised the newmedia of the completion and presence this evening of the scale model of the new water tower so that they might take pictures of It. Water & Sewer Extensions -- Councilmember Brown noted the Council hasn't had any requests for these extensions for quite some time and he asked "What happened" Mr. Pipes, City Manager, noted the economy has kept development and building from commencing but expected a turn around in this shortly as the interest rates for loans become more attrative. Councilmember Davis requested another public hearing before any final action is taken on the Design Criteria Manual or the Subdivision Ordinance. Mayor Nash noted a hearing is scheduled for June. Landfill Alternatives Councilmember Davis expressed his interest again in the "garbage study" and noted he anticipates a report soon on alternatives to the landfill operations. Mayor Nash noted he would encourage the City to open the landfill every two or three months for clean up day efforts to take place, rather than wait another year and for some other organization's effort in this regard. The City Manager noted that with the completion of the HUD design work and the water tower bids in, Mr. Isbell can again get "high behind" with the sanitation study. May Council Meetings Councilmember Davis asked when the Council would meet in May. After some discussion, the City Manager noted meetings will be scheduled for May 10 and 31 only, unless something unforeseen required the Council's consideration. He noted the Council may possibly have to meet for a short time on the 17th to take care of the insurance proposals but this could be scheduled at a special time. Councilmember Davis suggested placing a smaller version of the fire hydrant maps in the fire trucks, perhaps on laminated sheets that could be flipped over depending on what area the firemen are headed to check for hydrant locations. Sign Needed--"S Councilmember Howard requested the placement of a "SLOW" sign on Avenue J beyond the middle school as the traffic drives away from the school. He noted there are often children playing in and around Avenue J in that location and the traffic needs to travel through that section of Avenue J slowly and with caution. Councilmember Davis noted the Rotary Club has "Slow- Children at Play" signsthat might fit this need very well. Sign Needed -- "STOP" Councilmember Howard also requested a stop sign for 7th Street traffic as it inter- sects with Avenue F. Public Hearing Fire Hydrant Map Downtown Parking Clean Up Day WII Councilmember Hodges noted the two hour parking regulation downtown is not effective. He noted County employees are still moving their cars every two hours and still occu- pying the spaces designated for shoppers. He proposed or suggested changing the parking time limit to 30 minutes on the inside of the square, one hour on the outside of the square, and 90 minutes for parking areas off of the square. He noted another proposal is a one time two hour limit (per day) monitored by registration of licenses.. He asked the City Manager to do a little research on this. He solicited the comments and thoughts of the Council and asked them to also think about a possible change in these regulations. Councilmember Monday noted that the "reserved" spaces around the Courthouse should be reviewed again now that many of those county offices have been moved off of the Square to the new jail. Jane Monday highly commended Johnny Poteete, Director of Public Works and Curtis Loving, Sanitation Superintendent, for their very professional and dedicated work all during the long clean up day campaign. She noted she is extremely proud of them both for their very excellent effort. She also thanked the newsmedia for without their support, the campaign could not have been the success that it was. Juvenile Problems Councilmember Monday requested a report on how Huntsville is handling its juvenile problems in light of the new pending legislation being sponsored by the MADD group. ADJOI,IRNMENT RGe ;ctf 11y su m tied May 3, 1983 Isrif DeShaw, ty ecretary