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MIN CC 10/25/1983MINUTES OF THE CITY COUNCIL MEETING OF OCTOBER 25, 1983 BOOK "N " - -Page 341 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 25TH DAY OF OCTOBER, A.D., 1983 IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, LOCATED AT 1212 AVENUE M, STATE OF TEXAS AT 6:30 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 Jerry L. Dowling- Councilmember, Ward 2 Percy Howard, Jr. Councilmember, Ward 3 Jane Monday Councilmember, Ward 1 Bob Tavenner Councilmember, Ward 4 Bill Hodges Councilmember at- large, Position 2 The meting was called to order by the Honorable William V. Nash. Mr. Nash announced the Council would enter into an executive session to discuss pending litigation: Comella Vs. City of Huntsville and J. B. Nelson Vs. City of Huntsville. He noted no formal action will be taken. RECONVENE FORMAL MEETING Following the thirty minute executive session, the Mayor called the formal meeting to order at 7:00 P.M. The invocation was presented by Ken Cartwright, Pastor of the Seventh;Day Adventist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Corley made the motion to approve the minutes as presented from the meeting of October 4, 1983 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Mr. Mike Parker, 1039 8th Street, to formally present two Southern Magnolia trees to the City from the Kappa Alpha Order Mr. Parker formally presented the City Council with two Southern Magnolia trees, which had been planted on the City Hall lawn, as the Kappa Alpha Order's contribution to the beautification of Huntsville for the Texas Sesquicentennial Celebration in 1986. He noted he has challenged other SHSU organizations to help with this project and he noted he has learned that there are some other organizations planning to make contributions in this effort. Mayor Nash thanked Mr. Parker on behalf of the Council and noted he and several other council - members were present on October 15 when the two Magnolia trees were planted on the City Hall grounds. He welcomed the challenge to other organizations to contribute in some way to the Sesquicentennial Beautification Project. Dr. Mary Francis Park, Chairman of the Planning Commission, to present the report of their meeting of October 10 and October 17. Dr. Park advised that Joel Jeffcote has been elected as Vice - Chairman of the Planning Commission. She noted two new appointees attended these meetings: Candice Dixon and Bill McAdams. West Lake Shores, Elkins Lake - -Dr. Park noted this preliminary plat was conditionally approved. Chateau II Condominiums - -Dr. Park noted the final plat was conditionally approved (located on College Farm Road) . Tanglewood Townhouses, Section I - -Dr. Park noted the preliminary plat for Normal Park and Crosstimbers was conditionally approved. She noted the final plat was disapproved in anticipation of submittal of revised preliminary plat. Annexation Subcommittee - -Dr. Park noted the City Manager, Gene Pipes, met with this committee to discuss annexation and to advise them of the time schedule. She noted the committee felt the schedule was too restrictive to allow for proper planning for annexation. She noted the City Manager asked the committee to consider policies and philosophies on annexation at this time and to move into actual annexation some time in 1984. Willow Bend Subdivision -- adjacent to Highland Park Subdivision - -Dr. Park noted this subdivision plans for cul -de -sacs at the end of three established streets which now dead end in the Highland Park Subdivision. She noted the staff has researched some questions posed by the Highland Park residents. In response to these questions, she noted the staff has developed an ordinance limiting the number of lots on a cul -de -sac tied in with the amount of frontage on the curbing on a cul -de -sac; developed an ordinance providing for notification of proposed development; and determined that deed restrictions from one subdivision could not be required to be carried forward to an adjacent subdivision; and determined that the City Council can impose standards upon a development up to the building permit stage. Mrs. Park then recommended that the Council approve the ordinance providing for a minimum frontage criteria for lots on a cul -de -sac which will modify the Subdivision Manual and to approve an ordinance modifying the Subdivision Ordinance to require posting of a notice to the public of property that is proposed to be subdivided. Mr. Gerald Morrison, 331 Turner Street, to discuss Highland Park Subdivision. Mr. Morrison expressed the concern of the residents of Highland Park Subdivision regarding the proposed Willow Bend Subdivision, as discussed above. He noted they were kindly recognized by the Planning Commission and the Council and that everyone has offered them every consideration in working out their questions and concerns. Mr. Morrison noted the Planning Commission has come up with the two ordinances, introduced by Dr. Park, in response to their concerns. He noted that although they are not completely pleased with them, they wanted the Council to know they have decided they can "live with them. He thanked the Council and Planning Commission for being concerned about their concerns. CONSIDER ORDINANCES Consider Ordinance No. 83 -10 -25.1 amending the Subdivision Design Standards, Section 601.2 - -Lot Shapes to specify a minimum frontage criteria of lots on the circle of a cul -de -sac, as recommended by the P anning Commis- sion. a V J •r 1 ,1 46 44L "w VQ, " • I Mayor Nash introduced this ordinance. He noted his concern for finding the proper solution for the concerns of the residents of Highland Park Subdivision. He advised, however, that he could not see how, by his calcula- tions, this ordinance will solve the problem in question. He felt the City may be creating more problems with this ordinance than is intended. He noted the City should encourage off - street parking and did not feel the City should, in this instance, require a developer to provide parking space on the street. He requested that this ordinance go back to the staff for a better solution. He noted this ordinance will still allow six lots on a cul -de -sac. The Council agreed to refer this ordinance back to the staff and that they bring back either a further explanation of how this ordinance will work or some other solution to the situation. Consider Ordinance No. 83 -43 amending the Code of Ordinances -- Subdivision Design Standards, Chapter 30, Section 30 -13 (a) (4) to require posting of notice on property proposed to be subdivided, as recommended by the Planning Commission Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE NO. 83 -43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REQUIRING POSTING OF NOTICE OF CERTAIN PROPOSED DEVELOPMENTS OR SUBDIVISION; MAKING OTHER FINDINGS RELATED THERETO. The Council discussed this ordinance. Councilmember Dowling made the motion to adopt this ordinance and Councilmember Monday seconded the motion. Councilmember Dowling then made a friendly amendment to his motion that the City provide the official signs to be used for the posting requirement and Councilmember Monday seconded the amendment.All were in favor and the motion passed unanimously. CONSIDER ACCEPTING PARK LAND Consider the acceptance of the gift deed as offered by Mr. Elton Brimberry and the property designation as a park Mayor Nash noted this property consists of approximately two acres in the J. W. Adams Survey, Abstract 62 in the Pineview Subdivision of the City and is bordered by 23rd Street, Avenue N 1/2 and Avenue P. This property includes five undeveloped lots and an undeveloped street designated as Pineview Drive on the original plat. Councilmember Dowling made the motion to accept the gift deed from Mr. Elton Brimberry and Councilmember Davis seconded the motion. Discussion: Councilmember Davis noted this deed does not carry the stipulation that if the land is not used for a park it reverts back to the grantor. He asked if this stipulation should be included in this deed. Mr. Pipes, City Manager, said that a referendum election would be required to change the use of this property after it has been accepted and designated by the City as a park. He noted if the Council does not intend for it to be a park, then it should not accept it with the park designation. Councilmember Monday asked that the Parks Board review this park and advise as to how it should be best utilized and what its needs are. She asked that their plan for utilization be provided to the Council as soon as is reasonable. City Manager Gene Pipes noted the first work will be to find Pineview Drive, which is presently grown over in soil and foilage. All were in favor of the motion and it passed unanimously. CONSIDER SIGNALIZATION ON STATE FARM -TO- MARKET ROADS Consider Ordinance No. 83 -44 approving an agreement with the State of Texas for installation of signals at FM 2821 and FM 247. Mayor Nash presented this Ordinance, the caption of which is as follows: ORDINANCE NO. 83 -44 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED OCTOBER 25, 1983, BETWEEN THE STATE OF TEXAS AND THE CITY OF HUNTSVILLE, FOR THE INSTALLATION, CONSTRUCTION, EXIS- TENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT I, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF HUNTSVILLE; PROVID- ING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. Mayor Nash noted it will be next June, 1984 before this signalization project is completed, so it will not assist us during this school year. Councilmember Corley made the motion to approve Ordinance No. 83 -44 and Council- member Monday seconded the motion. After some discussion, the Mayor called for a vote on the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE REGARDING DELINQUENT TAXES Consider Ordinance No. 83 -45 providing for a penalty of 15% of the amount of taxes plus interest on delinquent taxes to defray cost of collection by a contract attorney 6 Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 83 -45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR ADDITIONAL PENALTY OF 15% OF THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE TO DEFRAY COSTS OF COLLECTION BY CONTRACT ATTORNEY; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. Councilmember Monday made the motion to adopt Ordinance No. 83 -45 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE REGARDING BOUNDARY LINE ADJUSTMENTS Consider Ordinance No. 83 -46 amending the Code of Ordinances, Chapter 30 by repealing Article IV and adoption of a new article establishing procedures, rules and regulations Tor boundary line adjustments Mayor Nash introduced this ordinance, the caption of which is as follows: ORDINANCE N0: 83 -46 AN ORDINANCE OF THE '?UNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING THE DIVISION OF LAND INTO LOTS; ESTABLISHING PROCEDURE, RULES, AND REGULATIONS FOR BOUNDARY LINE ADJUSTMENTS; ESTABLISHING A PENALTY OF UP TO $200 A DAY FOR UNAUTHORIZED BOUNDARY LINE ADJUSTMENTS; PROVIDING SAVINGS AND REPEALING PROVISIONS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Mayor Nash noted this ordinance primarily changes the definition of what a boundary line adjustment is and the ordinance requires the filing of the approved boundary line adjustment with the County Clerk. Councilmember Brown made the motion to adopt Ordinance No. 83 -46 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS -Consider Bid No. 84 -1 for eight pick -up trucks recommended to the low bidder; Port City Ford, in the amount of $69943.00. Councilmember Corley All were in favor and the made the motion to approve bid No. 84 -1 and Councilmember Monday seconded the motion. motion passed unanimously. - Consider Bid No. 84 -2 for of $28,140.81. Councilmember Corley All were in favor and the - Consider Bid No. 84 -3 for $16,945.16 Councilmember Monday All were in favor and the a diesel powered dump truck recommended to low bidder: Port City Ford in the amount made the motion to approve bid No. 84 -2 and Councilmember Monday seconded the motion. motion passed unanimously. two pick -up trucks recommended to low bidder: Port City Ford in the amount of made the motion to approve of bid No. 84 -3 and Councilmember Brown seconded the motion. nation passed unanimously. Related Ordinance ORDINANCE NO. 83 -47 - Consider approval of Ordinance No. 83 -47 authorizing the issuance of an equipment acquisition certificate of obligation, as planned, in the Sanitation Division budget, for two pick -up trucks as approved in Bid No. 84 -3 above, the caption of which is as follows: AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $16,945.16; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. i Councilmember Brown made the motion to approve Ordinance No. 83 -47 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. - Consider Bid No. 83 -4 for a diesel powered dump truck recommended to the low bidder: Port City Ford, in the amount of $28,140.81 Councilmember Brown made the motion to approve Bid No. 83 -4 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Related Ordinance ORDINANCE NO. 83 -48 - Consider approval of Ordinance No. 83 -48 authorizing the issuance of an equipment acquisition certificate of obligation, as planned in the Sanitation Division Budget, for a diesel powered dump truck as approved in Bid No. 83 -4 above, the caption of which is as follows: AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $28,140.81; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Brown made the motion to approve of Ordinance No. 83 -48 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE BOARD OF DIRECTORS OF THE WALKER COUNTY CENTRAL APPRAISAL DISTRICT Consider Resolution No. 83 -14 voting for members of the Board of Directors of the Walker County Central Appraisal District Mayor Nash presented this Resolution and noted Huntsville has a voting entitlement of 1036 votes and the candidates are as follows: John Amick Joyce Robinson Leon Belinowski J. S. Robinson M. B. Etheredge Cecil Williams Ralph Lawson He noted these are the same officers who have served since its organization. He noted the Council can split their voting entitlement evenly among the seven members, or can cast more votes for one or another. Mr. Nash noted HIS) recommends keeping this same board intact. After some discussion, Councilmember Brown made the motion to approve the slate provided above and to allocate evenly the city's 1036 votes among the candidates and Council- member Monday seconded the motion. Discussion: Councilmember Monday requested information regarding the City's access to avenues of input into the selection of the board. All were in favor of the motion on the floor and It passed unanimously. " : 1 PAGE 344 -- BOOK "N" CITY COUNCIL MEETING OF OCTOBER 2b, 1983 T /// A discussion ensued regarding the composition of the Board of the Central Appraisal District and questions arose as to whether members should be nominated to represent certain taxing entities or whether they should be citizens in general, not representative of any particular tax concern. The Councilmembers felt they would like to know more about the nomination procedure and the methods and procedures surrounding same. Gene Pipes, City Manager, noted that there are more counties with nonfunctioning appraisal districtsthan there are with functioning appraisal districts. He said Huntsville's Central Appraisal District is, in fact, a rgle model for many of those that are still struggling to get their system on its feet. He said our officers in the CAD have done a very commendable job and this is the reason it has been recommended that this board remain in- tact. It was noted the City pays 14.8 percent of the CAD's operating budget, whatever it may be. The Board of Directors sets the budget and then bills the taxing entities their percentage of the budget bill. Councilmember Brown noted there was a Resolution presented at the TML which recommended changes in the Central Appraisal Districts and,this resolution passed. Councilmember Brown agreed with the City Manager that our CAD has been held up as a model t`b others because it is up and functioning as it was designed. Councilmember Monday asked the staff to review the procedure regarding nominations to the CAD and to advise the Council of ways in which they might gain more input. Councilmember Brown suggested having Buddy Dodd, the Chief Appraiser, come to the Council work session to review and discuss the Central Appraisal District. Mr. Pipes noted Mr. Dodd will be happy to do this. /1/ CONSIDER AN HONORARY RESOLUTION Consider Resolution No. 83 -15 Honoring Retiring Judge Max M Rogers Mayor Nash presented this Resolution which designates November 10, 1983 as Judge Max M. Rogers Day in Huntsville and Walker County in honor of his 52 years of service in numerous judicial capacities, in the 12th Judicial District, the Bar and Bench of Texas. It was noted there will be a reception for Judge Rogers in the District Courtroom on Thursday, November 10. Councilmember Corley made the motion to adopt Resolution No. 83 -15 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER TEMPORARY STREET CLOSING Consider Closing 12th Street from Sam Houston Avenue to University Avenue on November 5 for the SHSU Homecoming Parade Councilmember Corley noted the parade route will be changed this year and rather than parading around the courthouse, the parade will turn off on 12th Street. He noted this will facilitate the traffic flow, according to the Chief of Police. This request is to close 12th Street between University Avenue and Sam Houston Avenue from 6:00 A.M. until 12:00 Noon (or after the parade entries vacate the street). Councilmember Corley made the motion to approve of this street closing and Councilmember Brown seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT November's Meeting Schedule The City Manager announced that the Council will not meet on November 1, but would meet on November 8, 15 and tentatively on the 29. He noted there will be no meeting during Thanksgiving week (November 22). He noted that the November 8 meeting should be a discussion of the capital improvements bond election and to receive a report from the Transportation Committee of the Planning Commission as to their recommendations and the final recommendations will be prepared for the November 15 meeting. Water Tower Project Mr. Pipes noted the foundation plans have been completed and submitted to the engineer with some minor revisions outstanding at the present time. He noted on or about December 15, the visible steel erection should begin and the construction should then proceed swiftly. Annexation Committee of the Planning Commission Mr. Pipes noted this committee is anxious to pursue the annexation proposal and to investigate a series of policy questions that could be coming back to the Council in November for review and comment and direction. He said it is hoped that this committee will develop an overall annexation plan with related policies. He noted annexations could then take place some time after the first of the year. No Left Turns on llth Street from Sam Houston Avenue Mr. Pipes noted the above possibility was posed to the State Department of Highways and Public Transportation and its engineer, Jerry Nemec, advised that no left turns at llth Street and Avenue M would not be looked upon favorably by the SDHPT because of the intersection of two state highways. He also advised that other restrictive movement on 11th Street, even though it would expedite the flow of traffic, would have to be examined very care- fully by the SDHPT and this will take some time. Councilmember Monday asked that the staff pursue the request for no left turns off of 12th Street onto Sam Houston Avenue. Mr. Pipes noted he will pursue that immediately with the SDHPT for their study and review. EMS Board Meeting Mr. Pipes noted the Board decided to discontinue any further consideration of a prison ambulance service as a part of the local EMS service and to notify the TDC of their decision. He noted too the EMS Board is looking for another site to house the service since the old hospital building will be converted to another use soon. MAYOR'S REPORT !HGAC Representatives 1983 -1984 Mayor Nash nominated Dr. Murray A. Brown as the City's HGAC representative and Dr. Stephen E. Davis as the City's alternate representative for the coming year on the General Body Membership of the Houston - Galveston Area ItCouncii. It was note) these are reappointments from the previous year. Councilmember Monday made the motion to PAGE 345 -- BOOK "N" City Council Minutes of October 25, 1983 345 accept the Mayor's nominations and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. COUNCIL ACTION TML Resolutions - -An Overview of the Voting at the TML Conference in Houston Dr. Murray A. Brown advised the Council that he acted as the City's voting delegate at the recent annual confer- ence of the Texas Municipal League in Houston. Dr. Brown reviewed the most important actions taken on specific resolutions that were presented, noting which ones passed and which ones failed. He noted these resolutions serve as a guide to the TML staff in pursuing the goals of the cities and towns with the State Legislature. He rioted only about 10% of the 857 members municipalities were present at this meeting for voting, so 10% of the cities and towns, including our vote, determines what direction TML will take for next year. EMS Board Meeting Dr. Stephen E. Davis reported that when the vote was taken to discontinue further consideration of a prison ambulance service, all members were present, and the vote was unanimous. Halloween Dr. Stephen E. Davis reminded the citizens who would allow their children to participate in trick or treating, that they have them wear light colored clothing, watch the candy, etc. TML Meeting Mr. Percy Howard, Jr. noted he enjoyed very much the TML meeting, noting it was his second professional meeting to attend since being elected to the Council. He praised the noteworthy speakers and the value of the programs. DWI STEP Program Dr. Jerry Dowling commended the Huntsville Police Department for their efforts inthe DWI STEP program. Railroad Crossing Repairs Dr. Jerry Dowling questioned and was advised that the repairs needed at the various railroad crossings will be made a part of the capital improvements program. TML Meeting Mrs. Jane Monday noted she too enjoyed the TML Meeting and advised she has brought back several ideas that she hopes to apply to the City of Huntsville. Planning Commission Meeting Summary - -in written form Mrs. Jane Monday expressed her approval of the summary in written form of the recent Planning Commission meeting. She noted it is extremely helpful to the Council to have this and she encouraged its future use. Commendation for Sam Park and his Crew Mrs. Jane Monday publicly thanked Mr. Sam Park and his crew for their help at Town Creek Park for the engineering they did on the Town Creek Bridge. She said he did a wonderful job over there and it is quite a contribution to the park effort. Texas Sesquicentennial Area Workshop in Huntsville Mrs. Jane Monday advised that the state office has asked that Huntsville host a Sesquicentennial Workshop on November 17 from 8:45 A.M. until 11:30 A.M. for eight counties and 33 cities to help them organize their Sesqui- centennial efforts. Christmas Decorations Money Collected by Radio Station KKNX Mrs. Jane Monday noted the money collected for Christmas decorations has been transferred to the Downtown Mer- chants Association to purchase coordinated decorations for downtown for the Christmas holidays. SHSU Homecoming Parade b Football Game -- November 5, 1983 Mr. Larry Corley reminded everyone of the SHSU Homecoming, noting the Bearkats will play Abilene Christian and the parade will start at 10:00 A.M. with the game starting at 2:00 P.M. Executive Session Mayor William V. Nash asked the Council to remain so they can reconvene in an executive session to discuss a personnel matter. He noted no action will be taken in formal session after the executive session, and that the Council would adjourn from there. ADJOURNMENT Respectfully submitted, uth 'e aw, City Secretary October 25, 1983