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MIN CC 11/08/19833413 PAGE 346 -- MINUTE BOOK "N" CITY COUNCIL MINUTES OF NOVEMBER 8, 1983 ,. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF NOVEMBER, A.D., 1983 IN THE CITY HALL it COUNCIL CNAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davie Jerry L. Dowling Bill Hodges Perry Hazard, Jr. Jane Monday Bob Tavenner EXECUTIVE SESSION Mayor Nash convened the regular meeting of the Council and then aeked the Council to recess to an Executive ,Seesion from 8 :00 A.M. until 7 :00 P.M. in order to discuss personnel and legal matters. No formal actions were taken in the executive session. FORMAL SESSION Mayor William V. Nash then reconvened the City Council meeting at 7:00 P.M. Reverend Cloid Adams of the Greater Zion Baptist Church preeented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the City Council Meeting Minutes of October 25, 1983 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Dr. David Barnhart to request the Council's consideration for the allowance of a setback from curb of 11' 6" rather than the required 15' for the Cabin an the Park Restaurant to accommodate the bathroom of the building on the west side. (Cabin is located on the corner of 19th Street and Avenue L 1/2.) Dr. Barnhart drew a sketch on the blackboard of how the reetroom addition would encroach into the required setback allowance and noted it dose not encroach into it more than the chimney that was added to the cabin after this ordinance was passed. It was noted the ordinance "allows" chimneys to encroach into thie specified area but disallows permanent structures such as the bathroom addition to the cabin. Dr. Barnhart noted it did not seem logical to him that chimneys (solid brick structures) would be allowed in this setback, but that they are under Ordinance No. 83 -30. Mayor Naeh asked the staff for the logic which allows a fireplace but not an addition of a room to a house in thie 15' aetbaok. Mr. Pipes, City Manager, noted the ordinance allowed any "appurtenances" to project into the aetbaok area (decks, patios, fences, driveways, fireplaces, etc.). Mayor Nash noted he could not object to the reetroom addition projecting into the setback since we allowed the chimney, eince he could not follow the logic in this. After some diecueeion, Mayor Nash recommended the Council approve thie request and ask the staff to come back with a redrafted ordinance to redefine the exceptions and remove from the exceptions something that ie obviously a permanent, basic etruoture. He felt it is important to maintain the 15 foot setback. He noted this particular chimney will be covered by the grandfather clause, but he felt it should be changed for the future. Mayor Nash advised Dr. Barnhart that the Council will allow his request and that he can proceed with his plane. He noted the ordinance would be changed next week to disallow chimneys and other basic structures from the exceptions portion of the ordinance. He noted the staff will be in touch with him net week regarding issuing him a permit to construct this bathroom addition onto his cabin. Mr. Rennie Baker, City's Bond Consultant to apprise the Council of the City's financial condition relative to the proposed Capital Improvementa Bond Issue. Mr. Baker noted he was aeked to review the city's financial condition to determine if the city could issue and repay a million dollars worth of bonde without raising taxes pretty Boon, and a second million dollars with- out raising taxes soon thereafter. He noted the result of the etudy ie a definite "yea" answer. He noted this answer is based on the continuing availability of the $550,000 which is the amount needed to service the debt so far. He noted this meana the Council cannot issue additional certificates of obligation nor shift any tax from the maintenance and operation away from debt service. He noted with these two caveats, he felt the city could iesue the bonds, repay them and have no increase in debt. He said you can increase your bonded debt without increasing taxes. He noted the city has issued no bonds payable from taxes for ten years and prior to that the city iesued very few bonds and they are being paid off all the time. He noted the city has a sharply declining debt service from present debt which means you can add debt with a comfortable feeling and no increase in taxes. He said there are two ways we can go about this. He said it is possible to schedule the bonds to be repaid within ten years, which in effect means that the city will have a fairly quick repayment in there of bond issues and the city would have a lower rate of interest on the bonds as they are sold in competitive bidding, but it would be a pretty full repayment program to use up most of the city'e intereet and sinking fields and the city'e Levy for debt service. He noted it would perhaps be better to stretch out the new debt a little farther. He eaid this would give the city room to 'sell ease more bonds in three or four years. He said interest payments commence within a year of the issuance of the bond. He said the city can schedule the maturities of the repayment however the city's judgement decides. Mr. Baker suggested the city issue the first million dollars worth of bondeeone time in the spring of 1984 with the city's first interest payment coming a year following that (Spring, 1986); and the city could then issue a second installment perhaps in the fall of 1984, depending on how the city ueed the money and haw quickly it neede additional money. He said those bonds then would have the first intereet paymente due in the next fiscal year of 1986 -1986. He said this is definitely a "do- able" program and one that the city could easily convince the taxpayer that he is not going to have to pay any more taxes. Mr. Baker then presented the Council with a schedule on this and asked them for their questions. Mr. Baker noted he is assuming an interest rate here of 10%, which he felt is an aesumption on the eafe eidd, noting it may be lese. Mr. Baker aid an increase in the tax allocated to debt service of 14 (which is 2S on the old 4600 rate) would add about $100,000 in available borrowing power (not per year, but total). Councilmember Davie asked if the debt schedule were extended five more years, how much would that action '.. ,r our average amount required to service our debt. Mayor Nash asked Mr. Baker or Mrs. Allen to work up a table that will give us some variables in this regard. Councilmember Monday noted she would like to review this and a history of our certificates of obligation for the last five years. Councilmember Davis suggested that if we extend this schedule for five additional years and still do not gain much room, we may need to think about a tax increase if that is what is inevitable, earlier, rather than add five more years. Mayor Nash asked for some charts based on various "what if's" for the Council's review at the next meeting. Councilmember Dowling asked for some ad valorem projections as well. Councilmember Davis asked Mr. Baker for a 15 year projection with the other projected interest rate of perhaps + 1/2 % to see how much difference per year in debt service we would gain by extending our payments for five years. Mr. Baker noted the mechanics of a bond issue require the Council to pass a resolution calling for a bond issue in not leas than 15 nor more than 90 days from the date set for the election and to poet and publish the proper notices. He noted it is not a complicated thing. CITY MANAGER'S REPORT 4 City_ Council Group Photograph Gene Pipes, City Manager, reminded the Council of the photographing session set for 6:30 P.M. on December 6, 1983 at the City Hall for the annual group Council photograph. City Secretary's Monthly Report The October report was submitted to the Council. It was noted that there is a significant increase in the number of solicitors working in the residential areas in 1983, since the permit fee has been deleted from the ordinance. Police and Court Reports The City Manager also presented the monthly police and court reports for the Council's information. TDC Creek Discharge Mr. Pipes notified the Council that the City has been advised that the source of the pollution in the creek discharging from TDC has been identified and is being corrected according to a schedule that would see completion of all modifications in the Walls Unit prior to December 15. He noted the City will work with them in every way that it can to effect that improvement. Resignation of City Engineer, Mr. David Smith The City Manager advised the Council of the resignation of the City Engineer. He noted Mr. Smith will be joining a consulting engineering firm in Lufkin. Mr. Pipes noted the very positive contributions to the City made by Mr. Smith in its structure and work in the community development area. He noted he has been a very definite asset. He noted the staff wishes him all the best in his future endeavors, noting we plan to remain in close contact with him since he will not be that far away. He noted arrangements will be Trade to fill this position and the Council will be advised of these actions in the near future. Planning Commission Meeting of November 7 The City Manager explained that the Commission failed to muster a quorum last evening and as a result did not conduct a formal business meeting. He noted they will meet on Monday, November 14, at 12:00 Noon in order to review the items listed for this evening's agenda regarding the transportation capital needs list, the trans- portation plan of the Comprehensive Plan and the capital improvements program bond project. He noted these items will be brought forward for next week's meeting. Hotel -Motel Occupancy Tax Survey of Intended Increase in the Tax Mayor Nash referred to a survey in the City Manager's section of the agenda indicating that Huntsville, when responding to this survey some months ago, indicated it was not considering increasing the hotel -motel occupancy tax from its present 4% to the allowable 7 %. Mayor Nash noted there was some discussion among members of Council to ask the staff to give some consideration to an increase and to present something back to the Council. He noted it is not something we would arbitrarily do, but it is something the Council needs to consider. Council - member Hodges noted that when it is considered, he would like the law reviewed on how it can be spent. CONSIDER ORDINANCE Consider Ordinance No. 83 -49 amending Chanter 12 of the Motor Vehicle Code by repeal of Article IX, Special Regulations at Sam Houston State Univeret.ty. Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 83 -49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, BY THE REPEAL OF ARTICLE IX, SPECIAL REGULATIONS AT SAM HOUSTON STATE UNIVERSITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. The City Attorney, Scott Bounds, apprised the Council of the background, changed conditions, and mutual aide in this regard and summarized by stating that the portion of the City's Code of Ordinances presently estab- lishing "special regulations" for SHSU is functionally obsolete. He noted certain regulations contained in Article IX are inconsistent with state law. Mr. Bounds recommended the repeal of the entirety of Article IX. Councilmember Hodges made the motion to adopt Ordinance No. 83 -49 and Councilmember Dowling seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT William V. Nash Mr. Nash advised the Council that he has met with the Planning Commission and the Arts Commission in their first meetings after the appointment of new members to each. He noted he is pleased with each of these Com- missions, noti» -embers of each are eager and excited to pursue their roles. 3 1I4`` Page 348 -- BOOK N CITY COUNCIL MEETING MINUTES OF NOVEMBER 8, 1983 Mayor Nash advised that he made some comments on behalf of the city at a recent West Beltway Public Hearing held in the Courthouse. He noted he mentioned the proposed truck route which would direct heavy truck traffic around the City (off of llth street), as being under consideration by the City, should the West Beltway become a reality. He noted too that he indicated to this group that he felt the entire county should pay for the improvements of i the West Beltway, and not just the voters living in Precinct 2 of the County. The Mayor advised the Council that the Interagency Council Meeting waa held but that only two members par - tipcated in the meeting: Gary Collins of the HISD and himself. He noted, however, that he feels it is impor- tant to continue with these meetinge to keep communication lines open as each entity strives to work more and more closely together. The United Way Campaign ie easentially over, reported the Mayor, noting the campaign goal has not been met but that many'ather pledges are still anticipated. He thanked everyone for their participation in the telethon and for all the cooperation the campaign workers received in carrying out the program. Mayor Nash invited everyone to honor Judge Max M. Rogers by attending a reception in his honor on Thursday, November 10, at 2:00 P.M. in the District Courtroom. Mayor Nash then read a statement in response to a "letter to the editor" which appeared recently in The Huntsville Item from the Chief of Carpus Security, Charles Tackett. The Mayor indicated the city and the univer- sity are working together to reeolve any jurisdictional problems presently exieting and that an agreement will be drawn for the consideration of both the City and the University to clarify the position of each entity. Mayor Nash recognised Dean Powell of SHSU and several campus security officers who were in attendance. H-GAC Board of Directors Meeting Halloween Safety Third Grade Class to Visit The Chemical People No Left Turns on 12th Street Alternate Truck Route Huntsville Police Department COUNCIL ACTION -- Councilmember Brown noted he and Councilmember Davis will represent the City at the Thursday, November 10 meeting of the home rule city repre- sentatives in Houston. He noted two home rule city representatives and two alternates to H-GAC's 1984 Board of Directors will be selected during this meeting. -- Councilmember Davis commended the newspapers, radios and HISD and the City police department for their role in helping our area have a safe halloween. -- Councilmember Davis advised the Council a third grade class will be visiting the City Nall soon to see the workings of government. -- Councilmember Howard advised the Council he has been representing the City an a committee of citizens working with the drug problems in our community aka The Chemical People. He noted the Council will be hearing more from this group in the coming weeks. -- Councilmember Monday asked for the statue of the possibility of estab- lishing no Left turns on 12th Street. Mr. Pipes noted he is pursuing this question with the State Department of Highways and Public Transpor- tation. -- Councilmembers Dowling and Monday expressed interest in the proposed truck route. It was noted as soon as FM 2821 is completed, the signs will be posted routing all unnecessary truck traffic around the pity. -- Councilmember Monday thanked the HPD for the security they provided the community during the halloween carnival. ADJOURNMENT Respectfully submitted, h DeShaw,' City Secretary November 8, 1983