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MIN CC 08/30/1983MINUTES nF THE HIUNTSVILLE CITY COUNCIL MEETING HELD ON THE 30TH DAY OF AUGUST, A.D., 1983 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A. Brown, Position 4 at -large Larry Corley, Position 1 at -large Stephen E. Davis, Position 3 at -large Jerry L. Dowling, Ward 2 8111 Hodges, Position 2 at -large Percy Howard, Jr., Ward 3 Jane Monday, Ward 1 Bob Tavenner, Ward 4 PUBLIC HEARING ON CITY BUDGET Introduction Mayor Nash introduced the public hearing on the FY 1983 -1984 budget by stating that the Council has deter- mined that the taxes for the general fund should be increased to 564 per $100 evaluation. He noted the tax rate last year was 514 per $100 evaluation. In noted in accordance with the statutes of our state that provide the manner in which tax rates are determined, and for variations that come about in the evaluations of assessed pro- perty, an equivalent tax rate this year of 554 would be the same as last year's rate of 514. He said this came about to a great extent by a revised evaluation of the bank property in which federal securities were excluded from assets that could be considered taxable evaluation. Therefore, he said, under this year's arrangement, a 554 tax rate would have been the same as last year's 514 tax rate. He said the proposed increase to 564 is therefore a 14 tax increase, or a $6.00 per year increase on a $60,000 residence. The Mayor noted utility rates will be slightly changed: sanitation will increase from a basic rate of $7.60 to $8.40 or approximately an 11% increase and the other sanitation charges are being increased to reflect an 11% increase. He noted the water and sewer rates are being changed: water is being increased and sewer is being decreased the same amount so that there is no real change (effect: water increased $110,000 and sewer decreased 8110,000). He noted then that the entire change in tax rate and fees charged by the City would amount to a 14 increase in general revenues ad valorem taxes ($6.00 /$60,000 house /year) and an increase in garbage collection of $ .80 /month, which amounts to $7.40 per year for an increase for everyone, across the board, of $13.00 per year for those living in a $60,000 home for FY 1983 -1984. Citizens and Councilmembers were then asked for their comments or input. There being . no one from the public to comment and no comments from the Council, the Mayor then closed the public hearing. FORMAL MEETING The formal meeting was then called to order by the Honorable William V. Nash. The invocation waspresented by the Reverend Rick Blake of the Elkins Lake Baptist Church. ATTENDING CITIZEN J. D. Dickenson, Huntsville Ham Radio Operator Mr. J. D. Dickenson reported that the emergency generator purchased by the City last August was used for communication by the ham operators in the area during Hurricane Alicia on August 18, 19, 20 and 21 and was passed around among the ham operators who had continuous communication throughout this country, all civil defense organi- zations throughout the state and communication with people concerned about their relatives in afflicted areas; and people concerned about their relatives in Huntsville. He said the money was well spent and he thanked the Council for their help which allowed the ham operators to help others during this time of need. CITY MANAGER'S REPORT- -Gene Pipes Hurricane Alicia -- which visited Huntsville on August 19, 1983 Mr. Pipes advised the Council that the Emergency Management Plan functioned very well during the storm. He noted the police department, public safety activities, fire department, etc. all responded appropriately and very effectively to the additional services that were necessary. He noted security was never in question. He noted many people were sheltered in the area that had come to Huntsville from the coast. He noted all of the various agencies in the area cooperated and everything functioned like it should. He noted we did have extensive power outages and some radio transmitters also lost power. He noted the radios were back in order in a short time and we were able to proceed with the delivery of services, communications, etc., and the emergency generators worked well for us. He reported that the street and sanitation divisions of the city received lots of help from TDC personnel and they conducted, together, an unscheduled city -wide clean -up campaign in order to dispose of all of the debris in the city because of the storm. He noted 394 dump truck loads, 15 garbage truck loads, 80 tractor - trailer truck loads of brush and limbs were disposed of at the city landfill. He noted the citizens hauled some 981 pickup or trailer loads directly to the landfill. He said this brings the total cubic yards hauled to the landfill, as a result of this storm, to approximately 11,000 cubic yards of tree limbs and other storm debris. Fire Plug Street Markers Gene Pipes announced that the Public Utilities Department has received a check in the amount of $300 from the Huntsville Women's Forum to purchase and place little blue reflector markers in the street adjacent to fire plugs to further assist the fire fighters at night when they're looking for the nearest fire hydrant to fight a fire. He noted this amount will not allow the entire system to be identified, but he said the Forum expectsto raise additional funds to make future donations. City's Annual Picnic -- September 17, 1983 The City Manager reminded the Council of the City's annual employee's picnic to be held on Saturday from 10:00 A.M. until approximately 3:00 P.M. He noted service awards would be presented to employees at the picnic. He noted the Hurricane Alicia appreciation certificates will be awarded to those employees who participated in the extensive clean -up efforts in addition to the %ervice awards. He noted games and barbeque were on the agenda and he urged all of the council to attend. HURRICANE ALICIA RESOLUTION Resolution No. 83 -11 commending the emergency service operations organizations, personnel, and volunteers for work during Hurricane Alicia and the clean -up period that followed. Mayor Nash read the resolution in its entirety. He noted the following organizations are listed in the Resolution as having contributed to this effort: Texas Department of Corrections Sam Houston State University Huntsville Independent School District Walker County Fair Association Walker County Civil Defense American Red Cross KSAM -KHUN Radio Station KKNX Radio Station Hunt.ville HAM Radio Association Kentucky Fried Chicken McDonald's American Legion Post 95 Boy Scout Troops 0114, 97, 98 & 99 Gulf States Utilities Mid South Electric Co -op Huntsville Public Safety, Public Works, Utilities and Auxiliary Personnel HRWSS Plant Personnel Volunteer Fire Department Huntsville Item Huntsville Morning News Tinsley's Fried icken Cafe Texan Burger King Councilmember Brown made the motion to adopt Resolution No. motion. All were in favor and the motion passed unanimously. 83 -11 and Councilmember Monday seconded the BUILDING SETBACK ORDINANCE AMENDMENT Consider Ordinance No. 83 -30 amending Chapter 6, Building Regulations, to define certain exceptions to the set -back requirements. Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 83 -30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, TO PROVIDE CERTAIN DEFINED EXCEPTIONS TO ARTICLE VI, SET BACK REQUIREMENTS; AND MAKING OTHER VARIOUS PROVISIONS RELATED THERETO. Mayor Nash noted this amendment is proposed because of the need to further define types of building improvements which would not be prohibited under this ordinance but which may encroach into the 25 foot setback requirement. He noted an example of this is the building of a deck onto a house that would encroach into the 25 foot setback measurement. He said this ordinance would make that type of thing an exception to the ordinance therefore allow- ing it. Councilmember Dowling made the motion to approve Ordinance No. 83 -30 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. FILING RESTRICTIONS AFFECTING COMMERCIAL BUILDINGS ORDINANCE AMENDMENT Consider Ordinance No. 8 -8 -30.2 amending Chapter 6, Building Regulations, to add a new article regarding filing restrictions affecting commercial buildings. Mayor Nash noted when the enabling ordinance was adopted in August of 1981 revising the Planning Commission, the authorization for the city to become involved in deed restrictions was inadvertently omitted from the enabl- ing ordinance. He noted to regain the authority to assist in the enforcement of deed restrictions affecting commercial buildings and to set out certain requirements for obtaining a permit for a commercial ,building, this ordinance has been prepared. Councilmember Monday made the motion to adopt this ordinance and Councilmember Corley seconded the motion. Discussion: Councilmember Dowling felt the ordinance should be broader in scope to include the initiation of a business in an existing structure in a residential neighborhood. The City Attorney, Scott Bounds, said this ordinance should be withdrawn to also consider relating the filing restrictions to the issuance of certificates of occupancy. He noted the City does issue a certificate of occupancy for any "change of use of a building, even though there are no structural changes; this then triggers the City's off street parking ordinances, etc., and he said we need to tie this ordinance to those considerations. Councilmember Dowling noted if this is a good idea, it might ought to be applied across the board. The City Attorney agreed it should be a little broader in scope. Councilmember Dowling raised some other questions regarding potential litigation in this regard and cautioned the Council and the City Attorney to keep these considerations in mind in drafting this ordinance. Councilmember Monday and Councilmember Corley agreed to withdraw their previous motion. Councilmember Dowling made the motion to table this ordinance for further consideration and Councilmember Brown seconded the motion. All were in favor and the motion to table passed unanimously. HILL 'N DALE SUBDIVISION DEED RESTRICTIONS CASE Consider an amicus brief to Appellate Court on the Hill 'N Dale Subdivision deed restrictions case Mayor Nash noted this concerns a deed restriction case and the issue is whether the trial court judge improperly granted a temporary injunction against appellants that prohibited placement of modular homes in the Hill 'N Dale Subdivision in the City. He noted this request is for authority for the City Attorney to file an amicus brief to Appellate Court on this matter. Councilmember Monday made the motion to grant this authori- zation to the City Attorney and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. ANNUAL TIRE CONTRACT Consider Bid #83-23 for the annual tire contract for garage tire inventory as recommended by the staff to be awarded to the low bidder in each of the categories Mayor Nash presented the information regarding this contract. He noted the staff recommends the following Firestone: bid items 2, 20, 25, 31, 32, 33, 44 and 50; and Goodyear: bid items 1, 3 -19, 21 -24, 26 -30, 34 -43, and 45 -48. After some discussion, the Council asked that bid item 2.be changed to Goodyear. With his in agreement with the staff, the motion was made by Councilmember Corley to award the bid accordingly and Council- member Monday seconded the motion. All were in favor and the motion passed unanimously. (Item 2 was a tie bid and it was resolved by Council with a coin flip.) CITY'S DEPOSITORY AWARD Consider award of the City's depository bid to the First National Bank as recommended by the staff on the basis of the interest paid on certificates of deposit at 1.53 percent above the T-biIl discount rate Mayor Nash noted two financial institutions submitted bids for the City's depository, as follows: Huntsville National Bank: 1.357% First National Bank: 1.530% He noted this contract will be for a two ear period of time. Councilmember Monday made the motion to accept the bid of First National Bank and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. THE MAYOR'S REPORT -- William V. Nash Hurricane Alicia Endorsed highly the action taken to pass the Resolution to honor those who worked during and after Hurricane Alicia. He noted that there are certain staff people who worked 24 hour shifts in this regard and they should be duly recognized also. Mayor Nash noted he feels very comfortable and safe in Huntsville knowing that the community can respond so effectively during emergencies. He added his personal commendation and appreciation to all those involved. TML Region 14 Meeting Mayor Nash reminded the Council of the Region 14 Meeting in Houston at the Summit Club on September 8. He encouraged the Council to try to go and to notify the City Secretary if they can go so that she can make the proper arrangements. TML Annual Convention in Houston September 6 Meeting Mayor Nash also reminded the Council of the annual TML meeting in Houston which will begin October 7 and conclude on the 9th (Sunday evening). He asked those interested in attending to also contact the City Secretary for accommodations and registrations. Mayor Nash noted the City Attorney has advised that in next week's meeting, the Council will take final formal action on the new rate ordinances and fees schedules for the new fiscal year and will adopt the Fiscal Year 1983 -1984 budget. COUNCIL ACTION Appointment to Regional Review Committee for Small City Community Development Brock Grant Funds Murray A. Brown announced that he has been informed that the Governor has appointed him to a 12- member regional review committee, composed of local elected officials, to evaluate applications for Community Develop- ment Block Grant funds for small cities under 50,000 population. It was noted approxim ?tely $3,000,000 will be available this year under the Texas Community Development Program to those counties and cities in the 13- county region ultimately selected by the State based upon the degree of need and the ability to carry out the program. Councilmember Brown noted his first meeting in this regard will be in Houston on Friday, September 2. Gene Pipes, City Manager, noted the City's need for these funds is critical for future improvements and noted Dr. Brown's appointment to this committee is important to the City of Huntsville. Hurricane Damage to City Property Councilman Dowling asked if the City's facilities incurred any damages because of the Hurricane Alicia. Gene Pipes, City Manager, noted the Police Station had some rain and water enter from the east side and there may be some water damage to the carpeting, etc. He noted other damages would be the burning out of the relay on the auxiliary generator, etc., but this was because of extended use under extreme conditions. He noted there were no other damages that he is aware of at this time. Policing at the School Traffic Areas Councilmember Dowling noted he was pleased that the police officers are attending to the traffic situations at the schools and he noted everything seemed to have worked out smoothly the first two days of school. Gene Pipes, City Manager, noted Chief David Farrar has worked with the principals of the schools to coordinate the traffic patterns. FM 2821 and Midway Road Signalization Councilmember Dowling asked the status of the signalization at this intersection. Gene Pipes, City Manager said the City has received indication that there will be some federal funds available to signalize that inter- section at some point in the future. He said the City has indicated this to be a very high priority intersection. Avenue 0 6 llth Street Crosswalk Councilmember Dowling noted the crosswalk at this intersection needs painting. TML Resolutions Councilmember Dowling asked that the resolutions presented to TML in 1982 be retrieved from the files for the CounciI's review. It was noted September 23 is the deadline for submitting resolutions for consideration at the 1983 TML Annual Meeting in Houston. Mayor Nash noted itsimportant that they be submitted in advance if we want them to have serious consideration. School Traffic Areas Councilmember Monday encouraged David Farrar, Chief of Police, to work with the principals at the various elementary schools in an effort to develop a similar traffic plan now in effect at Samuel Houston Elementary School under the direction of Dr. Peterson, which seems to be working effectively. Hurricane Alicia Councilmember Corley recognized Johnny Poteete, Director of Public Works, for his work during the storm and for the appreciation and recognition party he hosted at the Service Center for the TDC inmates that helped in the clean -up effort. (Poteete secured about 30 watermelons and some soda water for the event.) He noted he spoke to the inmates, on behalf of the Mayor, expressing the city's appreciation. He noted he was touched by the cooperativenes of the inmates and their receptiveness to his words of appreciation. He said they enjoyed it. n!(b Lwpj, i—• Respectfully submitrh,_ r• - -