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MIN CC 10/04/1983MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 4TH DAY OF OCTOBER, 1983 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE N 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: Larry Corley Mayor Pro tem and Councilmember at- large, #2 Members absent: Murray A. Brown Stephen E. Davis Jerry L. Darling Percy Howard, Jr. Jane Monday Bob Tavenner William V. Nash Bill Hodges Councilmember at- large, position 4 Councilmember at- large, position 3 Councilmember, Ward 2 Cbuncilmember, Ward 3 Councilmember, Ward 1 Councilmember, Ward 4 Mayor Councilmember at- large, position 2 The meeting was called to order by the Honorable Larry Corley, Mayor Pro Tem and the invocation was presented by Councilmember Percy Howard, Jr. CONSIDER THE HINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the minutes of the previous meeting of the Council held on September 27 and Councilmember Howard seconded the motion. All were ' in favor and the motion passed unanimously. PROCLAMATION Walker County School Age Drug and Alcohol Abuse Awareness Week Mayor Pro Tem Corley read the proclamation designating the week of October 30 through November 5 as Walker County School Age Drug and Alcohol Abuse Awareness Week and then presented it to Mrs. Betty Sutton, a represen- tative of the Iocal Drug Abuse Council. Mrs. Sutton then introduced a film entitled The Chemical People" and the Council then viewed the 15 minute film regarding guidelines for helping our young people who are involved with drugs. Mrs. Sutton then invited everyone to a town meeting to be held on Wednesday, November 2, 1983 at 7:00 P.M. in the Sam Houston State University Criminal Justice Center Auditorium to see the entirety of "The Chemical People Film" and to become more aware of the magnitude of the drug problem and how it affects each and everyone of us. Mayor Pro Tem Corley advised Mrs. Sutton that the City Council is 100 percent behind the program. HEAP ANNUAL REPORT- -Linda Pease Huntsville Enrichment Activities Program (H.E.A.P.) Mrs. Pease advised the council that as program coordinator, she programs activities in three areas: HEAP, Arts Commission and library programs for children. She noted HEAP has had a successful season and she thanked the Council for making the funding available for the program. Mrs. Pease noted there were over 2,500 registra- tions in HEAP which came from 1250 individuals who were taking part in these activities. She noted there were some 50 volunteers to assist in the production of these programs this summer. She then presented a slide show depicting each of the many and varied activities available through HEAP with a discussion of all of the specific areas. She noted the cooperative use of facilities with Sam Houston State University, the Sam Houston Museum NISD, etc. in presenting the activities. She noted the importance of reaching preschool aged children who would not otherwise have the opportunity to be exposed at an early age to learning and growing experiences afforded by the various programs. Mrs. Pease advised the Council of the cooperation the City receives from other entities in the city. Arts Commission The Council was then advised of the projects funded through the Arts Commission. She noted the City funded $31,000 for the Arts Commission and received in return projects that totaled in cost to $53,000 with audiences of 29,000. She said there were 4,500 local participants in the programs. She noted Mayor Nash represented well the City of Huntsville at a recent Arts Alliance Conference in Houston. She said Huntsville compares very favor- ably with many other cities our size in regard to arts programming. Mrs. Pease then presented some slides of Arts Commission projects. Library Programs Mrs. Pease then discussed the library programs for children. She said Iast year the audience totalled over 9,000. She reviewed the preschoolers outreach program, programs for the library for students, reading is fundamental program, special programs and exhibits. She noted this semester, the City had 91 students from the Library Science classes in children's literature, who are being trained at the library and who are going out in teams to teach the children in eight separate locations around the community each week. She stressed her belief that if children can her books read, learn haw to hold a book right aide up, and begin thinking about what pictures say and what is going on, that they will be ready to learn when they go to school. She felt this will make a big difference for our future generation. She then showed several slides on the library programs. She noted the ultimate goal is to get the children to come in to the library. She said hundreds of children parti- cipate in the library programs with as many as 350 in one program on one occasion. Mrs. Pease commended the volunteers for these programs, noting that without their help, all of these things could not be done. Mrs. Pease concluded her remarks by saying: "I truly believe, as we so often hear, that we learn more about a people's culture and about what they're about and what is important about them, from the arts and from the kinds of programs that we are offering here than from any other thing. I hope that through what we're doing and what you're making possible by your funding, that we will have a better group of citizens to be making decisions than otherwise we would have twenty years from now . . After some questioning from the Council, Mrs. Pease was highly commended for her outstanding accomplishments in these programs by the City Manager, Gene Pipes, who said "There is no program in the state of Texas, or I would dare say in the United States, that is comparable to what she (Linda) is doing with the facilities, the limits, and the restrictions. I don't think Linda knows what limits are. She exceeds them with great regularity . . . " Mayor Pro Tem Corley told Linda Pease the City is proud of her accomplishments. CONSIDER THE MERITS OF FURTHER ANNEXATION Gene Pipes, City Manager, noted the staff would Iike input from the Council as to their inclination to annex more lands this year. He noted any areas annexed before December 30 will be on the tax rolls in January and in October of 1984, the tax bills would go out to those areas. Any annexations completed after January 1 will not appear on the tax rolls until January of 1985 and the bills would not go out until October of -1985. He advised the Council that the order of procedure would be for the Council to recommend an annexation study to the Planning Commission and recommend areas for their review. He said the Commission should be allowed the necessary time to review the areas, analyze the pros and cons related to each, and to make a recommendation back to the Council. Scott Bounds, City Attorney, noted the basic procedure for annexation. He said the City can annex any land which is within two miles of the existing city limits; that is at least 500 feet in diameter contiguous to the City limits, provided that the City cannot annex between now and January 1 more than 2,479 ii acres. He said the City could annex an additional 2,500 acres next year. He noted a service plan must be prepared by the staff for the areas the Council may consider annexing and this plan would need to be approved by the Council at the time it calls the public hearings on annexation. He noted the City has to provide ser- vices to the annexed areas under the same terms and conditions as it does to the existing city (police, fire and ,tarbage services) within 60 days. He said the City would have to maintain the existing water, sewer, parks and streets (including any fees for street lighting that might exist In the annexed area). He noted the City is not required to "upgrade" or construct water, sewer and streets in an area merely because it is annexed. He said the City cannot spend bond funds for capital improvements in a newly annexed area until at least six months after that area has been annexed. He said the service plan should outline the capital improvements that the City would propose within three years of the annexation, although the plan would not be binding and could later be amended. He noted the remedy for failing to provide uniform services is that the residents can, after three years, file a`petition for disannexation. He noted the public hearings can be called for 20 or 30 days later -- notices will be published 10 to 20 days before the hearings. He noted the total time required for annexation is 30 -45 days at the minimum with 90 days being the maximum. He noted action can be taken on the ordinances to annex immediately after the public hearing or at anytime thereafter. He noted the areas must be annexed within 90 days of the public hearing or the whole process must be repeated. He advised that any change affecting voting must be approved by the Department of Justice, but they won't consider any changes until the change has actually been made. Nr. Pipes then pointed out the areas suggested for consideration in the annexation plan: Boettcher's Mill, area, now enclosed by the Iast annexation of the Loop 405; an area on the north side at the new loop 19 and old highway 19 west to tie into the Wynne Unit of TDC property and in a straight line westward to include a small leave out area and on westward to the end of the development area and then down to Old Highway 75 and tie back into our existing property; the area on Moffitt Springs Road, the Bobbitt Subdivision, the Heil Company and Brown Oil Tool in the far northwestern corner; the area east of the Highway 19 loop to the power line right of way on Tan Yard Creek and come back into town and encompass the Fish Hatchery area, Badger Lane and the Old Colony Road area just east of Highway 19; property south of the Goree Unit of TDC to encompass Elkins Lake Baptist Church, McMurry - Hughes, Inc. and International Wire. He noted there are other areas that have merit for inclusion into the City. He noted these are just the primary areas that the staff has reviewed and they are extremely preliminary and simply suggestive. - -- Councilmember Monday asked for a population analysis, costs to provide the services we need to provide, any costs for major street repairs and any impact the annexations will have on the voting rights act plus infor- mation on the tax base and what this annexation would provide. She suggested seriously considering the annexa- tion of raw and undeveloped land so that it can be developed to standards. Councilmember Dowling noted he had negative feelings about annexation, but stated that if were going to Iook at it, he would ask that we look at properties that are either undeveloped or set for commercial -light industry property. He did not feel at this time that the City was in particularly good shape for the foresee- able future to annex a substantial number of residential individuals because of our capital improvement program, etc. - -- Councilmember Howard asked that the staff look closely at what the expense might be to the City once it chooses to annex, lest after annexation, the citizens are dissatisfied with the level of services provided and we find ourselves unable to meet their needs. Councilmember Davis felt it is timely to review annexation again. He felt the areas mentioned for annexa- tion on the northern boundaries of the city, which are set for primarily light industry, should be considered. He felt Boettcher's Mill should be seriously considered. - Councilmember Tavenner felt the City should continually Iook at annexation and that the Planning Commission should have this as an ongoing project. He noted the potential growth area of the city seems to be in a westerly direction and he noted he would like to see the city look at annexations to the north and west and the consideration of annexing raw lands. - -- Councilmember Brawn supported wholeheartedly annexing more lands noting the city's need to have control of the development that takes place in the periphery of the city. He felt annexations should be done on a regular basis rather than intermittently. He encouraged the Planning Commission to get some alternatives for areas to annex ready for Council consideration. - -- Councilmember Corley noted the City Manager should be able to read the "pulse" of the Council by these remarks. He noted the major points made here are that we need to know the costs, the revenues, and that we seem to prefer annexing light industry and raw lands. He asked the City Manager to go to the Planning Commission with this information and proceed in this direction. REBUILD AN AERIAL SEWER CROSSING Consider a proposal to rebuild an aerial sewer crossing on an emergency basis in the amount of approximately $11,000 Gene Pipes, City Manager, advised the Council that the eight inch rains during the recent Hurricane Alicia washed out a section of aerial sewer crossing on a portion of Town Creek at Ross Street just off of Avenue N north of the downtown area. He recommended performing this work in house for $11,000 rather than bidding the project out at an estimated cost of $20,000. He noted it is essential that this work be done on a timely basis and the bidding requirements would prolong its completion. Councilmember Monday made the motion to authorize the project to be done in house at an estimated cost of $11,000 to be paid from water and sewer contingency and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CASTLEBERRY READY MIX CONCRETE BATCH PLANT Consider an application of a construction permit before the Texas Air Control Board by Castleberry Ready Mix for a concrete batch plant on Highway 75 S. The City Manager, Gene Pipes, advised the Council that the City has received numerous complaints from citizens living near the Castleberry Ready Mix Concrete Batch Plant on Highway 75 5. He noted since Huntsville is unzoned, we have no regulation to guide the location of such facilities. He noted the Plant did meet all of the City's other requirements for setting up their plant. *He noted it was later discovered that this plant has just recently applied for its construction permit from the state for this batch plant, even though it has been in operation in excess of a year and one -half. He asked the Council if they felt the City should express the problems with this plant to the Texas Air Quality Board or whether the:City should merely encourage the citizens who have complaints to contact f' texas Air Quality Board directly. After some discussion, the Council agreed that the City should perhaps limit its activity to that of encouraging citizens who have complaints to contact the Texas Air Control Board. Mr. Bounds, City Attorney, noted there are some particulate standards that the plant may be violating. He noted the Air Control Board will look into this case on a complaint -type basis. He noted he has reported this case to the regional office of the Texas Air Control Board in Houston. CITY MANAGER'S REPORT- -GENE PIPES Executive Session The City Manager asked the Council to remain after the meeting to continue discussions of the J. B. Nelson litigation case. No formal action will be taken after this executive session. TML Annual Meeting Mr. Pipes advised the Council of the upcoming annual meeting of the Texas Municipal League in Houston. He noted a number of city staff and some members of council will attend this meeting. He advised that Boyd Wtdder, Director of Public Utilities, will be making a presentation to the Utilities Arm of the TML and their group. He also advised that the City Attorney, Scott Bounds, and the Municipal Court Judge, Robert Delong (consulting attorney), will be making presentations to the legal group at TML. He felt the City of Huntsville is certainly well represented considering the number of municipal entities in the state, to have this kind of participation in the TML programs on an annual basis. He felt it'is a credit to the people that work here. October 11-- Meeting Cancelled Mr. Pipes requested a "walk" or "no meeting" On the llth because of the TML meeting in Houston. The Council agreed to not meet. October 18, 1983 Mr. Pipes advised this Tuesday night will be spent at a reception for city board and commission members at the First National Bank FIag Room. No formal meeting will be held. October 25, 1983 The City Manager noted then that the next formal meeting of the Council will be on October 25, 1983. He noted this will comply with our Charter requirement that we have two meetings per month. MAYOR'S REPORT - -Larry Corley (Mayor Pro Tem) Letter of Appreciation Mr. Corley read a letter from the Executive Director of the Volunteer Lawyers and Accountants for the Arts, complimenting Mayor Hill Nash for his service on the arts panel on September 23. Reception for Board Members Mayor Pro Tem Corley advised the Council that letters of invitation to the Reception will be mailed out to all existing board members and those vacating their positions during the last fiscal year (and their spouses) in the morning to attend the October 18, 1983 recognition ceremony at the Flag Room of First National Bank. He noted the importance of the occasion and urged all Councilmembers to be present. United Way Lunch at Rather Park Mayor Pro Tem Corley advised the Council of a United Way Benefit Lunch, prepared by the Pioneer Club of Southwestern Bell Telephone Company employees (tickets sel for $4.00 each)in Rather Park. He noted live enter - tainment would be provided during the picnic lunch. He invited everyone to get their tickets from Ruth DeShaw, City Secretary. Letter from Dallas Power and Light Company The Council was advised of a thank you letter from Dallas Power and Light Company regarding the recent award of certificates of appreciation to their crews for the help they provided Huntsville in the repairs and restoration of electrical per after Hurricane Alicia which visited Huntsville on August I8, 1983. Proclamations The Council was also advised that the Mayor Pro Tem issued two proclamations prior to the Council Meeting for the German American Tricentennial (300th Anniversary of German immigration to the United States) proclaiming 1983 as German - American Tricentennial Year in Huntsville and a proclamation proclaiming World Food Week on Octo- ber 10 -16, 1983 ATTENDING CITIZEN Water Quality in Huntsville Creek Mr. Gene Smith asked the Council's permission to address them. Permission was granted. Mr. Smith pre- sented a sample of water that was collected from a local creek and asked the Council to take a "wiff" of it complaining that it is contaminated with sewage and constitutes a serious health hazard. The Council asked the City Manager, Gene Pipes, to investigate the cause of the contamination and to report back to the Council. Mr. Smith noted he has been complaining about this situation for some seven years, but nothing has ever been done about it. It was noted that the contamination is coming from the Texas Department of Corrections and that the matter will be pursued with the proper officials, both state and local. COUNCIL ACTION The Eyes of Texas (television program - -Ron Stone)_ Councilmember Davis -- advised the Council that television news commentator and host of the television program "The Eyes of Texas" is interested in doing a segment on Huntsville, its museum, the Junior Serivce League "Tea Room," and several other things in Huntsville. He asked that the City work with him in whatever way it could to produce this program. PAGE 340, BOOK "N" -- CITY COUNCIL MINUTES OF OCTOBER 4, 1983 Shooting Incident- -9th Street Councilmember Howard advised the Council of the concern of the area ministers and citizens regarding the incident on 9th Street recently. He urged that appropriate action be taken. 'Citizen's Parking Citation Councilmember Howard advised the Council that a resident of his Ward was cited for parking his car within a 30 foot reserve from a striped mark, noting he parked 20 feet from the striped mark rather than the required 30 feet. He noted this resident felt the police were insentitive to his needs. He noted the striped mark was ā€¢ placed to accommodate the football game traffic pattern. He questioned how sensitive our law enforcement people might-4e to a thing like that. Mayor Pro Tem Corley asked the City Manager to relay this incident to the Chief of Police, David Farrar. Sunday Signalization for Rodeo Traffic Councilmember Monday said she has been advised that the "blinking" cycle on the lights was too long and that the red blinking light's am still blinking long after the crowd has departed. She asked that the timing be reviewed and made more appropriate to accommodate the traffic. Councilmember Dowling noted, in this regard, that on 17th Street eastbound there is a sign that says no right turn on red. He said with the red flashing light, during this time cycle after the rodeo, it is impossible to turn right.at all. Mayor Pro Tem Corley asked the City Manager to ask the Chief of Police to investigate this situation. Municipal Court -- Future Report Councilmember Dowling noted he recently had lunch with the Municipal Court Judge, Robert Delong, who indi- cated he would like to come before the Council soon to report on the activities of the Municipal Court. He noted this would be a very appropriate invitation and he asked that the Judge be invited to make such a presen- tation soon. Fair on the Square, Councilmember Brown commended the city staff personnel involved in the excellent and speedy clean up of the downtown square after the day -long Fair on the Square activities on October 1. He said it looked great on Sunday Horning. RECESS TO EXECUTIVE SESSION Executive Session Continue discussions of litigation regarding J. B. Nelson and the City. FINAL ADJOURNMENT ynn submitted, Gā€ž āœ“/l i uth DeShaw, City Secretary October 4, I983 1 1 1