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MIN CC 09/06/1983MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF SEPTEMBER, 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, Councilmember at- large, Position 4 Larry Corley, Councilmember at- Large, Position 1 Stephen E. Davis, Councilmember at- Large, Position 3 Bill Hodges, Councilmember at- Large, Position 2 Percy Howard, Jr., Councilmember, Ward 3 Jane Monday, Councilmember, Ward 1 Bob Tavenner, Councilmember, Ward 4 Member Absent: Jerry Dowling, Councilmember, Ward 2 The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by the Reverend John Schell, First Assembly of God Church. CONSIDER THE MINUTES Councilmember Larry Corley made the motion to approve the minutes of August 30, 1983 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. ^O!9TOWN REVITALIZATION PROJECT Mr. Ed Gaebler, Columbia, Missouri Ms. Mimi Conroy, owner of Conroy's Bar and Restaurant located downtown Huntsville, introduced Mr. Gaebler who has come to Huntsville to assist the downtown merchants to organize in order to enhance and revitalize down- town shopping and visiting by the public. He noted Missouri State law allows cities to form a "Special Business District," which is basically a benefit tax district. He noted this was done in Columbia and 50C is collected into a special fund for every $100 of assessed valuation on all real property within the district. He noted too that all business licenses are upcharged by 30% within the district. Mr. Gaebler said the proceeds from those taxes are paid to the City and the City Council retains and has the only authority to appropriate and expend that money. He said the state statute does require that all expenditures or proposed expenditures be referred to the Board of Directors of this Special Business District. He noted this board, in Columbia, consists of nine members, three of whom must be property owners and the balance must either be employed within the district, own a business within the district, or reside within the district. He said these members are appointed by the City Council for three year terms. He noted he serves as Executive Director of this District. He noted this entity gives its constituents good contact with the city since the board functions as an advisory board to the City Council on matters affecting downtown. Mr. Gaebler noted in addition to this Special Business District, Columbia has a voluntary organization of business people within the downtown area although not all are within the special business district. He said this voluntary organization consists of accountants, some ad agencies, attorneys, etc. He said these individuals pay the Special Business District $100 a year in dues. He said the District's dues schedule is based on gross sales volume that runs from a minimum annual dues of $120 up to $1,000, based on sales of over one million dollars a year. He noted the banks are supportive and belong to their association. He noted they have the support of the Mayor and Council. He said they are in their third year of downtown improvement: replacing old sidewalks, street lighting, street paving, adding planter boxes and benches, trees, etc. He noted the Council's support was vital. He said they felt that if the "heart" of the city does not prosper, then the city in general doesn't prosper. He said they are a university town too (three schools) as well as a medical center (five major hospitals) The Council then questioned Mr. Gaebler as to downtown parking, how to attract shoppers to the downtown area. Mr. Gaebler noted "parking" is a very him ranking problem in the effort to revitalize downtown shopping. Mr. Gaebler noted Columbia merchant's organization is now in its seventh year and the Special Business District was established in Columbia, by ordinance, in March of 1979. He noted his position as Executive Director was established also by City ordinance in the fall of 1980. Mr. Gaebler noted the most significant accomplish- ment over the last few years is the fact that all of the interested groups have become organized into a viable working organization and they are thus able to finally do something, instead of being the fragmented uncoor- dinated voices to the Council as they were in the past. He noted the organization has been able to accomplish what individuals could not and because of these accomplishments actually coming to fruition, more people are joining in the effort, making it even stronger and more viable. He stressed the need for downtown parking and advertising and downtown promotionals-- "Leasurefest II," Shriner's State Parade, Regional Antique Automobile Show (250 antique cars on display on the streets downtown on a Sunday afternoon), etc. He noted it is impor- tant to get people in the habit of coming downtown for events. He noted they have a Christmas lighting program downtown which is controlled by remote broadcast over one of the radio stations which allows everyone listening to throw the switch simultaneously to "light up" for Christmas and this draws lots of crowds downtown to watch the town illuminate in a second. He noted Santa Claus is there to pass out candy to the children,etc. Mr. Gaebler noted it is mandatory to pay the Special Business District taxes if your business in in that district, but being a member of the association is voluntary. Mayor Nash thanked Mr. Gaebler for taking the time to address the Council and to offer the knowledge he has gained from the experience in Columbia, Missouri. CITY MANAGER'S REPORT - -GENE PIPES School traffic patterns -- noted the Chief of Police will be visiting with the principals of the schools in regard to their traffic circulation patterns at a meeting scheduled for tomorrow. Region 14 TML Meeting -- noted those planning to attend this meeting should coordinate transportation plans and he volunteered to drive if necessary. FAA Application noted FAA requests the Council's consideration of the grant application in the amount of $426,000 to overlay the airport runway, construct apron overlay and taxi- way and additional work on the runway "hump." He noted since this application has been delayed, the grant amount is now $426,000 instead of the original $305,000. He noted a more accurate engineer's estimate on these costs increases this amount. He said the Council needs to consider this item later in this meeting. TML Resolutions presented 1982 TML resolutions for review. He asked the Council to consider any local resolutions soon to allow them to be forwarded to TML before the Annual Meet- ing on October 9. SEPTEMBER 6, 1983 CITY COUNCIL MINUTES BOOK "N" -- PAGE 327 t12" CITY PICNIC -- Reminded the Mayor and Council of the City's Annual Employees Picnic to be held at the Fairgrounds on Saturday, September 17. CONSIDER THE FISCAL YEAR 1983 -1984 BUDGET Consider Ordinance No. 83 -31 adopting the budget for the City for FY 1983 -1984 Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE 83 -31 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1983 THROUGH SEPTEMBER 30, 1984; PROVIDING FOR AN 6=FECTIVE DATE HEREOF. Mr. Nash noted this budget allows for the appropriation for the ensuing fiscal year, as follows: General Fund General Debt Service Fund Water and Sewer Fund Sanitation Fund Revenue Sharing $5,501,231 $ 902,617 $5,389,982 $1,511,300 $ 367,000 $13,672,130 Councilmember Monday made the motion to approve Ordinance No. 83 -31 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE FISCAL YEAR TAX RATE Consider Ordinance No. 83 -32 fixing the tax rate and levying taxes for the ensuing fiscal year 1983 -1984 Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE 83 -32 AN ORDINANCE FIXING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Nash noted this ordinance provides for a tax rate of 564 per $100 assessed valuation. Councilmember Brown made the motion to approve Ordinance No. 83 -32 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER 1983 -1984 WATER AND SEWER RATE CHANGES Consider Ordinance No. 83 -33 adjusting the water and sewer rates Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE 83 -33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING RATES FOR WATER AND SEWER SERVICE FURNISHED BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Nash advised that the basic rate for water will now be as follows (residential): First 3,000 minimum monthly charge $9 65 All over 3,000, per 1,000 $1 60 and the basic rate for sewer will be (residential): First 3,000, minimum monthly charge .......... $ 6.20 All over 3,000, per 1,000 $ 1 20 Maximum residential unit sewer bill per month . . . $15.25 Councilmember Monday made the motion to approve Ordinance No. 83 -33 and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER INCREASING RATES FOR REFUSE COLLECTION Consider Ordinance No. 83 -34 altering rates for refuse collection for 1983 -1984 Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE 83 -34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ARTICLE VII, RATES, OF CHAPTER 9, GARBAGE, REFUSE AND RUBBISH. OF THE CODE OF ORDINANOES OF THE CITY OF HUNTSVILLE, TEXAS, ALTERING THE RATES FOR REFUSE COLLECTED BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. Mayor Nash noted this ordinance provides for a basic residential collection charge of $8.40 per month which represents an 11 percent increase or $9.66 per year per residence. Councilmember Brown made the motion to approve Ordinance No. 83 -34 and Councilmember Monday seconded the motion. All were in favor and the motion passed unani- mously. CONSIDER ORDINANCE REQUIRING DEED RESTRICTION COMPLIANCE FOR ALL COMMERCIAL BUILDINGS Gene Pipes, City Manager, noted Councilmember Dowling expressed his concern last week when this ordinance was brought to the Council that it needed to be broadened in scope. He noted the City Attorney, Scott Bounds, has made some revisions and it is now being presented tb the Council for their consideration. Mr. Bounds noted he has added Section 6 -71 which reads: "Any person electing to substantially repair or to remodel a commercial building within a subdivision or proposing to convert a single family residence into a commercial building � shall obtain a commercial building permit from the city." He noted this triggers anybody changing the occupancy 1 o a building to get a commercial building permit (This relates to someone changing a single family residence, w, thout construction, into a business of some type.) The Council questioned the Attorney regarding what consti- tOtes a "business," or what exceptions would there be to this ordinance provision. The City Attorney noted this would cover businesses which advertise that location as a business and receive customers there. After more discussions regarding mail order businesses, Mary Kay Cosmetics, Tupperware, selling of hobby crafts, preparing of income taxes, etc. the Council felt a better definition of "business" was needed, noting that what this ordinance should do is prevent alot of extra business traffic in a residential area to preserve the single family element. Mayor Nash reminded the Council this type of ordinance would only be enforceable where there are deed restrictions in effect. Mayor Nash said he would feel more comfortable if this ordinance could more clearly define what con- stitutes a business so that staff does not have an implementation problem, noting if it cannot be defined in the ordinance, the Council cannot expect the staff to interpret it. The City Attorney noted the Council would have to review each case before it went to a lawsuit. Mayor Nash noted then it would be on an individual basis and the question is still there. Mr. Bounds noted on each particular case, the Council will have to make a determina- tion that the activity being conducted is commercial or not. After further discussion, Councilmember Davis made the motion to table this ordinance and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A STOP INTERSECTION Consider Ordinance No. 83 -35 declaring 12th Street and Avenue I to be a stop intersection Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE 83 -35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING 12TH STREET AT AVENUE I TO BE A STOP INTERSECTION; PROVIDING FOR THE POSTING OR STOP SIGNS ON 12TH STREET AT SUCH INTERSECTION; PROVIDING A PENALTY OF UP TO $200.00 FOR CERTAIN VIOLATIONS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Councilmember Brown made the motion to approve this ordinance and Councilmember Corley seconded the motion. All were in favor and this motion passed unanimously. CONSIDER A NO PARKING ZONE Consider Ordinance No. 83 -36 creating a no parking zone along the south side of 18th Street between Avenue 0 and Avenue P Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE 83 -36 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 A NO PARKING ZONE ALONG POR- TIONS OF 18TH STREET; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE PARKING ZONES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Monday made the motion to approve this ordinance and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER CHANGING CONTRACTURAL WATER HARDNESS CRITERIA Consider a recommendation from staff and Engineering Science, Inc. concernin the proposal by the Trinity River Authority to adjust the contractural water hardness criteria. Mayor Nash noted this item refers to the concept of agreeing to adjust the upper parameters of water hardness criteria to 140 at the surface water treatment plant, making the necessary budget adjustments and amend- ing the contract appropriately at a later meeting. Councilmember Brown made the motion to approve of adjusting the maximum hardness from 100 to 140 and Councilmember Howard seconded the motion. Councilmember Davis voted OPPOSED to this motion. All other Councilmembers and the Mayor voted for the motion. (Note: Councilmember Dowling is absent). The motion therefore passed. AIRPORT GRANT APPLICATION Consider approval of the final application for federal funding of Phase VI of the Airport Improvement Project Mayor Nash then presented the "final application" to the FAA for federal funding of the City's next airport improvement project, Phase VI, for $426,000 to overlay the airport runway, construct apron overlay and taxiway and additional work on the runway "hump." Councilmember Corley made the motion to approve of the final application to FAA and to authorize the Mayor to sign the application and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A PULLERS-IN ORDINANCE Consider the merits of a proposed "Pullers -In Ordinance" Scott Bounds defined a pullers -in as a "person who stands in front of a store or place of entertainment and tries, sometimes forcibly, to get passers -by to enter." •He noted Huntsville is experiencing this type of activity now and this ordinance would prohibit this. Mr. Bounds said if the ordinance is not applied to newspaper stands or persons peddling literature in connection with their distribution of First Amendment materials, that the ordinance would be constitutional and enforceable. After discussion, the Council directed the City Attorney to exclude Saturdays and Sundays and to make the ordinance aQplicable to the Downtown Business District and to omit section (d) noting defense for this activity outeide specific boundaries shall be that the person was conducting a business with a lawful permit or license from the City or state to use their public ways. With this guidance to the Attorney for changes, this ordinance was requested for consideration at the next meet- ing of the Council with no formal action taken at this time.. CITY COUNCIL MINUTES OF SEPTEMBER 6, 1983 PAGE 329 BOOK "N" PROPOSED CAPITAL BUDGET Consider the proposed Capital Budget for Fiscal Year 1983 -1984 with modifications Councilmember Monday made the motion to approve the revised capital budget for Fiscal Year 1983- 1983 as presented by the City Manager, Gene Pipes, in his memorandum of September 2 1983, totaling some $1,394,095 in capital improvements and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. The City Manager noted a work session on this will be held on September 20, 1983. TML RESOLUTIONS Consider the resolutions previously submitted to TML After a review of the resolutions, Mayor Nash recommended not doing anything with these this year. He asked the City Secretary to place a notice on the calendar for next April or May so that the Council can con- sider drafting and submitting resolutions early in the year. CONSIDER DELINQUENT TAX ATTORNEY Consider the merits of a proposal to retain the services of an attorney to collect delinquent taxes Scott Bounds, City Attorney, presented information to support his recommendation to hire a private attorney to collect delinquent taxes which will allow the city to collect a 15 percent penalty for attorneys fees and costs. Councilmember Corley made the motion to authorize the hiring of a private attorney to collect delinquent taxes and Councilmember Hodges seconded the motion. All were in favor and the motion passed unani- mously. The City Attorney, Scott Bounds, also proposed that the City investigate the possibility of centralized collection of taxes by HISD, County and City, noting the Peveto bill would permit this type of operation. Mayor Nash noted he would be in favor of this if the Appraisal District were to obtain an independent office. He then asked the staff to do further research on this to look at the "pros" and "cons." COUNCIL ACTION Traffic Patterns -- Bill Hodges, Councilmember, noted he would like to recommend no left turns off of 11th Street and he asked for a recommendation from the staff. He noted help is needed to get traffic through town. Mr. Pipes noted he would have recommendations ready by the end of the month. Feeder Road and Freeway Exits -- Mayor Nash asked the City Manager if he has visited with the Highway Department about the hazardous condition existing at the freeway off ramps onto the feeder roads near the Highway 30 overpass. Mr. Pipes noted the Highway Department is aware of this and they are studying this now. Mr. Nash noted when the right -of -way was changed from the feeder road traffic to the freeway exiting traffic, some hazards were created. ADJOURNMENT Res .itfully submitted, u re haw, ity Secretary September 6, 1983