Loading...
MIN CC 09/20/1983Seitefim1044V 291►c3 Worksession for General Fund Capital Improvements Bond Election Mr. Pipes advised the staff has been working diligently formulating criteria for consideration in the upcom- ing bond issue. He noted after the formal meeting and a short break, the Council will "roll up their shirt sleeves" and work on the capital improvements program. CONSIDER ORDINANCES Consider Ordinance No. 83 -37 amending,Chapter'6'Of the'COde'Of'Ordinances to create a new section for restrictions affecting commercial buildings. Mayor Nash then presented the caption of this ordinance, which is as follows: ORDINANCE NO. 83 -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY CREATING A NEW ARTICLE VII, RESTRICTIONS, AFFECTING COMMERCIAL BUILDINGS; PROVIDING A PENALTY OF UP TO $1,000.00 A DAY FOR CERTAIN VIOLATIONS; PROVIDING REPEALING AND SAVINGS PROVISIONS AND PROVIDING FOR A PUBLICATION AND EFFECTIVE DATE HEREOF. Mr. Nash noted this ordinance concerns commercial building in previously single family residential housing and covers one problem within the whole large area of concern. He noted it is the council's concern that staff is able to better define what "commercial activity" is that would be conducted in a residential area. He noted the City Attorney, Scott Bounds, has provided a rather definite definition of commercial activity that will get us to a more specific understanding. He noted this ordinance will permit control of changes from single family residential to commercial through the building permit section. The Council discussed the procedure of enforcing this ordinance by citing several examples. Councilmember Davis suggested the addition of a clause to the ordin- ance which could be signed by the citizen requesting the permit "certifying that the commercial building I'm putting up does not violate the deed restrictions on which this property is located." It was decided this could be done administratively at the time of application. A section is included in the ordinance to define "home occupations" which will not come under the purview of this ordinance. This ordinance is established to assist the city in the enforcement of deed restrictions in the city. The Council asked that those occupations which are listed as examples of not being considered home occupations, be clarified as not all inclusive" and represent "examples" only. Councilmember Dowling made the motion to adopt Ordinance No. 83 -37 with the addition of the new Section 6 -75 "Certain Home Occupations Not Affected," and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance No. 83 -39 prohibiting solicitation of business from pedestrians Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 83 -39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING PULLERS -IN; PROHIBITING SOLICITATION OF BUSINESS FROM PEDESTRIANS BY ANYONE ON A CITY STREET OR SIDEWALK; PROHIBITING THE DISTRIBUTION OF CERTAIN COMMERCIAL HAND- BILLS ON PUBLIC PROPERTY; MAKING OTHER PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $1,000.00 A DAY FOR CERTAIN VIOLATIONS, PROVIDING REPEALING AND SAVINGS PROVISIONS, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. This ordinance had been reviewed extensively by the Council previously. Councilmember Monday made the motion to adopt Ordinance No. 83 -39 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER GARBAGE AND TRASH COLLECTION CONTRACT Consider an annual garbage and trash collection contract with Refuge Service Specialties in the amount of $4,245 per month. Mayor Nash then presented this contract between the City and Walter Cheney, Jr. dba Refuge Service Specialties of Conroe, Texas to collect garbage and trash from approximately 228 homes in the city and 338 homes in Elkins Lake M.U.D. (calculation: 228 homes at $7.50 and 338 homes at $7.50 = $4,245) for a period of one year, with the average monthly billing being $4,245. It was noted the contract would begin October 1, 1983. Councilmember Monday made the motion to approve this contract as presented and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER PARTICIPATION IN WATER LINE EXTENSION OVERSIZING Consider a request for City participation in a water line extension oversize to a site on FM 2821 west of Highway 247 in the amount of $4,056 in accordance with the City's Utility Master Plan. Mayor Nash presented the staff's request for consideration of participating with the developer of the Henderson Land Company Subdivision In the cost of oversizing an 8 inch line to a 12 inch line for a distance of 916 linear feet from the Gulf States Utilities Company property line on the north side of FM 2821 west of FM 247,along FM 2821,to serve the subdivision. It was noted the cost to oversize this line for that length is $4,056.50. Councilmember Hodges made the motion to approve of this request and to participate in this amount and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER CHANGES IN THE ICMA DEFERRED COMPENSATION PLAN Consider a resolution approving proposed changes in the ICMA Deferred Compensation Plan Mr. Pipes, City Manager, presented the resblution, proposed by ICMA for Council consideration, which would update the City's deferred compensation plan to include recent federal regulations. Resolution No. 83 -12 was presented which would formally approve the changes to the plan document. Councilmember Brown made the motion to approve this resolution and Councilmember Monday seconded the motion. All were in favor and the motion passed unani' CONSIDER AN INTERN POSITION FOR MUNICIPAL COURT Consider a proposal from the Municipal Court Division to reinstate the intern position, as previously budgeted, in the amount of $4,223 to provide the necessary staffing for the current work load. Mr. Pipes, City Manager, noted the work load of the Court has increased considerably since the budget was approved by the Council. He noted he recommends reinstating the intern position for approximately 20 hours per week at $4.00 per hour to relieve the current staff of the Court from having to expend unbudgeted overtime hours to meet the requirements of the division. Councilmember Dowling noted his concern that this was not budgeted. Gene Pipes, City Manager, noted it had been requested but was deleted from the budget due to the work load of the court at the time of its consideration being such that he did not feel it was justified. He :noted, however, that at the present time, the work load has become such that.it is now justified. He noted that '1f this work load changes considerably in the future and becomes less, the position will be re- examined as to its justification. He noted he feels it is necessary now to relieve some of the strain and load from the present two Court employees. Councilmember Monday made the motion to approve of the re- instatement of this position and Councilmember Brown seconded the motion. All were in favor and the motion passed unanimously. CONSIDER OPPOSING S. 66-- FEDERAL TELECOMMUNICATIONS ACT OF 1983 Consider a request from TML to fund an effort to oppose S. 66 (Federal Telecommunications Act of 1983) in the amount of $239.00. Mr. Nash noted we have been asked by the TML to join in their effort to oppose S. 66 because it has been deemed bad for Texas cities in that it would violate their traditional role of rate regulation, among other privileges it exercises in this regard. He noted the cost to the city would be It per capita, based on the 1980 census of 23,946 people or $239.00. Councilmember Monday made the motion to authorize this expenditure and Councilmember Howard seconded the motion. Councilmember Dowling voted OPPOSED to' this motion. All others were in favor and the motion passed 8 to 1. CONSIDER INSTALLATION OF SIGNAL LIGHTS AT VARIOUS INTERSECTIONS Consider a resolution accepting the Minute Order of the State Department of Highways and Public Transportation to install signal lights at various intersections, as previously discussed, and agreeing to their maintenance. Mayor Nash then presented this Resolution No. 83 -13 which would accept the provisions of the S.D.H.P.T. Minute Order No. 81169 - 00145. This Resolution would permit the State, subject to the availability of federal - aid Urban System funds and the eligibility of the proposed work for financing with these funds, to prepare construction plans and specifications and provide for traffic signals at an estimated cost of $270,000, as authorized in the 1983 -1986 Urban System Program. The signals would be installed on U. S. Highway 75 at 13th Street, 16th Street, 17th Street, Avenue I, Farm to Market Road 1374. Sycamore Avenue and Lake Road and on Farm to Market Road 247 at Farm to Market Road 2821. The Resolution requires that the City will maintain and operate the signals upon completion and adopt and enforce such ordinances and regulations as may be required for proper operation of the signals. Councilmember Dowling made the motion to approve of Resolution No. 83 -13 and Councilmember Corley seconded the motion. After some discussion, the Council asked the City Manager to indicate to the highway department that FM 247 and FM 2821 is the City's highest priority intersection for this signalization at this time. Mr. Pipes noted he will do this. All were in favor of the motion on the floor and it passed unanimously. CONSIDER AMENDING THE HARDNESS CRITERIA OF THE SURFACE WATER SUPPLY Consider a proposed change in the contractural agreement with the Trinity iver Authority concerning Section B stipulations of hardness criteria, as previously discussed and recommended by staff and our consulting engineers. Mayor Nash presented Section B of the TRA contract and the proposed change, as follows: "B. QUALITY OF TREATED WATER. The parties recognize that the source of water to be delivered by Authority to City under this agreement is from Livingston Reservoir, and must be chemically treated and filtered. The water to be delivered by Authority and received by City shall be potable treated water meeting applicable purity standards of the Texas Department of Health Resources, and, where feasible, the U. S. Health Service Drinking Water Standards with the additional requirements Existing: that hardness shall be not less than 80 ppm nor greater than 100 ppm, and a residual chlorine of not less than 0.5 ppm at the Point or Points of Delivery. City has satisfied itself that such water will be suitable for its needs." (Existing Section (3) Words underlined are proposed to be deleted and the following words added in their place: Change to: . greater than 140 ppm, calcium carbonate stability shall be within .3 plus or minus of the stability point as calculated by the Langelier Index method, . Councilmember Monday made the motion to approve of this change in the water hardness criteria as outlined above and Councilmember Corley seconded the motion. After some discussion, the Council asked the City Attorney to review again the recourse the City has if there is a situation of a default in the contract. Upon a vote on the motion on the floor, it passed unanimously. MAYOR'S ACTIVITY REPORT -- William V. Nash Constitution Week -- Mayor Nash noted this evening he proclaimed "Constitution Week" for September 17 through September 23 on behalf of the local chapter of the Daughters of the American Revolution. Interagency Council Meeting -- Mayor Nash noted he met with this group last week Tuesday (September 13). He noted he expressed his appreciation to T.D.C.'s Director, Jim Estelle, on behalf of the City, for the assistance provided by T.D.C. inmates and staff in the clean -up after Hurricane Alicia. He noted Mr. Estelle did not advise this group of his impending resignation. In other matters, Mr. Nash noted he discussed with Dr. Elliott T. Bowers, President of Sam Houston State University, the planned new University Stadium, on which bids will be received next May with construction shortly thereafter. He noted this group discussed taxes and their calculation, among other things. Walker County Appraisal District Meeting -- Mayor Nash noted he met with other officials at the Walker County Appraisal District office during which meeting Mr. Buddy Dodd, Chief Appraiser for the District, recommended that a consultant be employed to make a proper evaluation of what the appraised value of the local banks would be under the court orders that changed the tax methods last year. He noted the consultant's fee will be approximately $3,000. He noted it was generally agreed by those entities represented that they would pay for the consultant as an additional budget item to the Appraisal District budget this year in proportion to the normal pro rata share. He noted the city's pro rata share is approximately 17 percent, which would mean the consultant will cost the City about $500.00. He noted an indication was given that the City will participate in the payment of a consultant for this purpose. TML Region 14 Meeting -- Mayor Nash advised that members of the Council and staff attended the Region 14 Meeting in Houston at the Summit Club on September 8. He said Bob Bullock, State Comptroller of Public Accounts, spoke to the group about taxes and was generally not optimistic about anything. COUNCIL ACTION Regional Review Committee of the Small City Community Development Block Grant Funds Councilmember Murray A. Brown, as a member of the Regional Review Committee for Small City C.D.B.G. Funds, noted the 12- member committee met recently to review some 32 proposals for funds from small cities. He noted the committee's recommendations will be reviewed by H -GAC this evening and by the State officials on September 30. He expressed optimism for Huntsville's ranking for award of its request for C.D.B.G. funding. City Bar -B -Que Picnic Councilmember Stephen E. Davis expressed his appreciation for all those who worked so hard to present the City Employees Picnic and Barbeque on September 17. He noted he enjoyed being able to visit with city staff and their families. (The Walker County Fairgrounds was the site of the picnic.) Gene Pipes, City Manager, noted in this regard that he has had prepared a certificate of appreciation and a small gift for Betty Keys, wife of Director of Internal Services, John Keys, who was instrumental in the prepara- tion of all of the food presented at the picnic. He noted this is the third year she has participated wholeheartedly in this production and he felt this was a small token of the City's appreciation, but felt it carried with it the appreciation of everyone who enjoyed the day. He said this would be presented to her as soon as she and John would arrive at the meeting this evening. (It was done later in the work session of the Council.) Mr. Pipes noted for an much visible work that John Keys did, his wife has done a tremendous amount of background work that was not as visible, but vital to the preparation of the food for the picnic. Emergency Medical Service Board Meeting Councllmember Davis reported on the monthly Board Meeting of EMS yesterday. He noted they reviewed a pre- liminary draft of a contract between TDC, the County and the City regarding the possibility of the EMS performing intercity transportation of inmates. He noted Jack D. Kyle, Assistant Director for Business and Dr. Stark, Assistant Director for Medical Services attended this meeting. He encouraged the Councilmembers to obtain a copy of this draft contract from the City Manager to review. He noted the EMS Board will be seeking input from the Council and the County Commissioners in this regard. Gene Pipes, City Manager, noted a recent court order ruled that TDC must provide the same transportation that is available in the free world to its prisoners needing medical attention. He noted the quickest way for TDC to do this is to contract with the local EMS. He noted this may be a gross oversimplification of the situation, but in a nutshell, this is what the EMS board is now dealing with at this time. He noted he will place this item on the City Council Agenda at a later date for formal review. Parking Problem at Police Station Councilmember Hodges noted there is a serious parking problem at the Police Station and Court Building. Mr. Pipes noted the City is presently working with First National Bank in their pursuit to construct a parking garage immediately north of the present Police and Courts Building. He noted he is working with them to make arrangements for a place within that parking garage for our police fleet, thereby freeing up the parking places immediately adjacent to the police station for public use. One -Way Street Changes Councllmember Hodges asked if the staff has completed their recommendations on the one -way street recommenda- tions. Mr. Pipes noted the staff may bring these recommendations to the Council in next week's work session for review and discussion. Pritchett Field Plans Councilmember Dowling asked the city staff to remain in close contact with the University officials regarding the future plans for Pritchett Field after the new stadium is built for the University. Mayor Nash noted this was discussed in the Interagency Council Meeting last Tuesday. He noted if the new stadium has Astroturf, then all practicing will be done at the new stadium for the football games, etc. However, he noted, if it does not have Astroturf, then all football practicing will still be done on Pritchett Field. He also said that under any cir- cumstances the University will keep this field as intermural or as other facilities for Sam Houston. He said there is no immediate indication that this will ever become a city park. He said there is the possibility of the Joint use and maintenance of the quarter mile track located at Pritchett Field because it is used by many citizens of the city. He noted this track could perhaps be upgraded jointly. Zoning Review Plans Councilmember Dowling noted in view of the Hill 'N Dale Subdivision deed restrictions case and the attendance of those from the Highland Park Subdivision at the meeting tonight, that it is most appropriate that the Planning Commission or one of its committees seriously review the issue of zoning. He noted the City has never asked the voters, through an election, if they want zoning. Mayor Nash felt it would be appropriate for the committee to review this again. FM 2821 Traffic Councllmember Monday noted the desirability of opening up an internal access to the High School from within the City of Huntsville. She cited the Loop will have an impact on FM 2821 - -the exit ramp from Loop 405 onto FM 2821, the diversion of heavy equipment and trucks to FM 2821- -while it is at the same time the main highway to the High School. She noted it will be important to open up Avenue F or another street to provide other points of access to the high school. Gene Pipes, City Manager, noted he will discuss this possibility in the work session. Oral History of Huntsville -- Councllmember Jane Monday proposed that an oral history be recorded from members of previous city councils of Huntsville while it is still available, so that we will not lose that valuable historic information. Cable Channel 7 Equipment -- Councllmember Monday noted we have waited a significant amount of time for this equipment and asked for a status report by next week. United Way Telethon -- Mayor Nash noted having this equipment will be important and necessary for the United Way Telethon, which will be held in the Council Chambers of November 2 and 3. Rest,, %tful y subm tted, uth eShaw, City Secretary September 20, 191