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MIN CC 11/15/1983 (2)MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15th day of November, A. D., 1983 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, AT 7:00 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A, Brown Larry Corley Stephen E. Davis Jerry Dowling Bill Hodges Percy Howard Jane Monday Bob Tavenner The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Mr. Monte Ginnings of the Church of Christ. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the minutes of November 8, 1983 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Dr. Jack Kerr, Rita B. Huff Humane Society, concerning location of a shelter on two acres of City property and other support Dr. Kerr informed the Council that the Rita B. Huff Humane Society of Walker County would like to lease two acres of land behind the City's Service Center in the Kate Barr Ross Park area to construct a shelter for the abandoned and abused animals of Walker County. He noted another purpose for this shelter would be to provide an adoption service for these animals, to provide for cruelty investigations between the City Police and the Sheriff's Department, education and public awareness necessary to prevent needless cruelty, to help with the animal control problem in the County, and to educate people of the importance of spaying and neutering their animals. He then presented a petition in support of this shelter containing 1,100 signatures. Dr. Kerr noted that more than 1,500 dogs per year are destroyed at the City's pound. He noted less than 2% are claimed. He noted no one tends to cats or any animals from the county outside the city. He noted Montgomery and Brazos Counties have completed their animal shelters with the support of both the city and county governments, noting in each case, the cities had to take the initiative and make the first commitment towards building a shelter. He noted he wants the County to share equally in the cost of maintaining the shelter and he believed the County would do its share if the City leads the way. Mayor Nash noted in a meeting held recently, it was discussed that the City could perhaps provide the land and the County could provide the building. The City may enter into an agreement with the Humane Society for the handling of both dogs and cats. Gene Pipes, City Manager, discussed the various city land options available, noting the need for utilities and public access for the shelter would be a requirement. He noted the area behind the Service Center is optimum for Service Center expansion plans and the other lands were thought of for other city expansion areas regarding a golf course, multi -use fields, etc. He advised the Council these were basically the only sites available for this consideration. Dr. Kerr noted the Humane Society would hope to contract with the City and County for the operation of this facility through either a per head cost or a flat rate. He noted the financing would be the joint responsibility of the city and county and a third means would be from private donations and endowments and from the sale of adopted animals and fund raising. Dr. Kerr noted Walker County Judge Davis is very receptive to working on this project and the commissioners were interested in looking at the costs. The Council expressed their concerns individually regarding the commitment of city land that would be required for other city services (resource recovery plant, service center expansion, etc.) and regarding the continuing expenses on the shelter. Mayor Nash asked Dr. Kerr to get back with the city staff to locate an appropriate site and then come back to the Council with a specific area for consideration. Dr. Kerr advised the Council that the anticipated operating budget of the Animal Shelter would be some- where between $150,000 and $200,000. He noted he would encourage the City and County's participation in the amount of approximately $12,000 per year in the operation and maintenance of the shelter in addition to the City providing the land and the County providing the building. He noted the other monies required would be raised or received in endowments and there would be some income generated through the sale of the animals. Dr. Mary Frances Park, Chairman, Planning Commission, to report on their meeting of November 14, 1983. The Commission reviewed and conditionally approved the final plat for Tanglewood Townhouses located at the corner of Normal Park and Crosstimbers. She noted the condition was that the City needed to have a drainage scheme on paper prior to the final submittance and the requirement for the submittal of any deed restrictions, property owners' association documents, etc. and dedication of money in lieu of land for a park in this case. The Commission also reviewed the Transportation Capital Needs List and the Capital Improvements Program on an item by item basis. Mr. Rick Hartley, Chairman of the Transportation Committee of the Commission, noted that with the completion of the FM 2821 interchange, the priorities in the transportation capital needs list needed to be adjusted. He noted it is the recommendation of the city staff and the concurrence of the Transpor- tation Committee and the full Planning Commission to emphasize a serious look at a number one priority being the Highway 30- Interstate 45 interchange because of the extensive growth of the city, the traffic densities in that area, should funding become available from the state. He noted the other areas are listed on the handout. Mr. Hartley noted the priorities, as a matter of a constant planning monitoring system, will change as projects get completed and our strategies change, noting it is important to have the major needs identified but that the priorities will shift as the planning continues. Mr. Pipes noted the Texas State Highway Commission requires us to provide a priority list. Councilmember Corley made the motion to approve of the priority listing of the first seven items on the Transportation Facilities Capital Needs List as presented by Mr. Hartley in a memo dated November 3 and to just list the other needs as a matter of identification, without a priority number assigned and Councilmember Hodges seconded the motion.* All were in favor and the motion passed unanimously. JJ Widen Hwy 30 to 4 lanes, curb and gutter with center turn lane from I -45 to city limits;iJ widen Hwy 75 to 4 lanes curb and gutter with center turn lane from llth St. to 1-45; 3) widen FM 1374 to 4 lanes with a center turn lane from Hwy 75 S to city limits; 4) widen'FM 247 to 4 lanes from Hwy 30 to FM 2821; 5) redesign and recon- struct intersection of Hwy 30, Hwy 190 and Sycamore Ave; 6) upgrade traffic signals 11th St. and Sam Houston; and 7) coordinate signals along Sam Houston Avenue - -these are the top seven, as prioritized above. CONSIDER RESOLUTION Consider Resolution No. 83 -16 adopting the Transportation Plan as an exhibit of the City's Comprehensive Plan Mayor Nash then asked the Council for their formal adoption of the Transportation Plan, as approved, for inclusion as an exhibit in the City's Comprehensive Plan. Councilmember Monday made the motion to approve this 'I exhibit by Resolution No. 83 -16 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BOND PROGRAM PROJECT PRIORITIES Consider the recommended Capital Improvements Bond Program project priorities - -$2 Million Improvement Program Mr. Rick Hartley noted the Planning Commission's recommendation to approve a priority system that contains three types of street improvements: overlay of existing streets, reconstruction of existing streets, and con - struction of new streets. He noted this would be a two year plan conducted in two phases with the overlay of existing streets done in the first year to give ample time for water and sewer needs to be taken care of in addition to some of the extensive design and redesign activities required. After much discussion, Mayor Nash noted the bond monies will be used for the overlay, reconstruction and new construction and drainage needs of the City's streets, but would not include the water and sewer funds that would have to be spent concurrently with the others (those will come out of the revenue funds available gen- erated from water and sewer). He noted Mr. Rennie Baker, our bond consultant, has stated this can be done with- out a tax increase. He noted this bond program does not include funds for right -of -way or state matching funds if we get state funding. He asked for a motion to approve the recommendations of the Planning Commission as presented in a memo from Rick Hartley, Chairman, Transportation Committee and Dale Brown, Director of Planning, dated November 3, 1983. Councilmember Corley made to motion to so approve of their recommendations and Council- member Howard seconded the motion. All were in favor and the motion)assed unanimously. Consider Matching State Funds Mr. Gene Pipes, City Manager, noted a second portion of the recommendation is to create a separate item on the bond election referendum agenda which would give the public the opportunity to express their preference on a separate issue to create a fund of some $2,146,000 to match state highway funds, when they become avail- able. Mr. Pipes noted as Mr. Baker pointed out last week, the city could issue $2,000,000 without a tax increase for our general improvements, but any additional increase over and above this would cause or create a need for a tax increase to offset that particular indebtedness. He noted this debt potentially would not all occur at a given time, noting that the SDHPT funding will be very slow in coming. He said by having a special authoriza- tion to generate additional debt to match the SDHPT money in its usual proportions of 90 -10% split, then the City will have the flexibility to step up when the SDHPT did have money for local projects and participate in it. He noted this $2,146,000 is designated, based on the estimates by the SDHPT, on our curb and gutter costs and the additional water and sewer costs that would be required to rectify the problems of certain streets. He noted the projects listed below would necessitate a tax increase, but would not create a situation that all would be issued at one time, but rather in very individual increments of each project, as funds become available to the state. TOP FOUR PRIORITIES Project Curb and Gutter Costs Water and Sewer Costs Total Cost Hwy 30 (W of 1 -45) $ 150,000 - -- $ 150,000 Hwy 75N (11th St. N.) $ 557,000 $ 376,000 $ 933,000 FM 1374 $ 293,000 $ 164,000 $ 457,000 FM 247 $ 45,O00 `1) $ 153,000 $ 606,000 $1,453,000 $ 693,000 $2,146,000 (.1) total includes right -of -way acquisition. Mayor Nash noted this would be a separate issue in the election for the bonds and would necessitate an increase in taxes. He noted, depending on the need, it would authorize up_ to $2,146,000 in increments, as needed. Councilmember Monday stressed that the public be aware that the first authorization, for the $2,000,000 would not increase taxes, but that this curb and gutter project would increase taxes and that the public can make a choice on this on the ballot. It was noted these projects are subject to state financing, which may or may not materialize, but this option on the ballot would free up the city to take advantage of that funding should it become available, and the tax increase would be authorized in order to do so. Councilmember Monday made the motion to approve of the top four priorities for SDHPT matching funds as a second ballot question for the bond election in January and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION Consider Resolution No. 83 -17 adopting the Capital Improvements Plan Mayor Nash then presented this resolution, the caption of which is as follows: RESOLUTION NO. 83 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A CAPITAL IMPROVEMENTS PROGRAM. Councilmember Monday made the motion to adopt Resolution No. 83 -17 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Mayor Nash noted this now sets in motionthe remaining functions required to prepare for the January 21 bond election and making the final arrangements with our bonding counsel. CONSIDER ORDINANCE AMENDMENT Consider Ordinance No. 83 -50 amending Chapter 6, Buildings and Building Regulations to redefine certain exceptions to Article VI, setback requirements Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE NO. 83 -50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS, TO PROVIDE CERTAIN DEFINED EXCEPTIONS TO ARTICLE VI, SET BACK REQUIREMENTS; AND MAKING OTHER VARIOUS PROVISIONS RELATED THERETO. Mayor Nash noted this ordinance amends subsection (2) of Section 6 -62 to delete chimneys and flues from the items included in "permitted encroachments." Councilmember Brown made the motion to adopt Ordinance No. 83 -50 and Councilmember Corley seconded the motion. After some discussion and clarification of the ordin- ance, a vote was taken and all were in favor. The motion passed unanimously. CONSIDER THE BUDGET ADJUSTMENTS FOR THE YEAR ENDED 9 -30 -83 After some discussion and clarification of the various budget adjustments, Councilmember Corley made the motion to approve the budget adjustments for the year ended 9 -30 -83 and Councilmember Hodges seconded the motion. All,were in favor and the motion passed unanimously. CONSIDER BUDGET REPORT FOR THE YEAR ENDED 9 -30 -83 After a review of the budget reports and some discussion, it was decided to hold this report until after the final audit before approving it. The Council concurred to review this report again after the final audit report is made. CONSIDER THE CUMULATIVE MONTHLY TAX REPORTS FOR THE FINAL QUARTER OF FY 82 -83 Councilmember Monday made the motion to approve the tax reports for July, August and September of 1983 as presented and Councilmember Brown seconded the motion. All were in favor and the motion passed unanimous. CONSIDER A POLICY Consider a policy of reciprocal relinquishment of arrears taxes on properties which may be acquired by various local taxing jurisdictions The City Manager, Gene Pipes, advised the Council that the County of Walker has suggested that the City Council consider a policy that would authorize the City Manager to request and reciprocally relinquish ad valorem tax levies (arrears) on parcels acquired by the various local taxing jurisdictions for various uses: parks, historical sites, buildings - facilities, tax sale, etc., in the spirit of intergovernmental cooperation. He suggested that the HISD be requested to honor such an agreement also. Mayor Nash recommended that the City make a statement both to the County and the School that the City will do this which ever way they would select. After some discussion and expression of opinion, Councilmember Monday made the motion that the City establish a policy of reciprocal relinquishment of arrears taxes as discussed above and Councilmember Brown seconded the motion. Councilmember Monday noted it is understood in this motion that all taxing entities adopt this same policy and this motion is subject to all taxing entities agreeing to this policy and Councilmember Brown noted this is as he understood the motion when he seconded it. The Council then noted this means that either all taxing entities will adopt a similar policy, or this item will need to be reconsidered. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT Presentation of a proposal to appoint a Builder- Developer Advisory Task Force Gene Pipes, City Manager, noted this task force would serve as advisors to the City Manager's office concerning direction, regulation, etc. affecting building and development department. He noted this could be done by the appointment of a five member commission by the Mayor and confirmation by the Council. It would include a developer, a residential builder, a commercial builder, a real estate specialist, and an engineering - architect survey type specialist, he said, but not one of each but someone from that particular segment of the building development community. He noted these nominees could come from any existing agency (real estate board may make three nominations or suggestions). He noted the input and ideas that could evolve from this group could broaden the spectrum and scope of information provided to the city. He noted this group could meet on a monthly basis or more frequently to develop a feeling of the special needs and opinions of thisgroup of people in a fast growth situation. Mr. Pipes noted Councilmember Monday brought this idea back from the annual TML Meeting noting that the City of Beaumont has such a task force. Mrs. Monday noted this task force immensely improved communications between the city and the developers in Beaumont and many problems were solved practically and effectively because of this organization. She felt it would have merit in Huntsville since we too are in a fast growth period. Mayor Nash noted he would note that members of this committee should be residents of the city, which is our policy, but that because of the lack of great numbers of people with this expertise, it may be necessary to make reappointments. Councilmember Dowling expressed his opposition, noting that the Planning Commission and city manager are available to visit with any of these people at any time regarding assistance they may require to conduct the development policies of the city. He felt setting up this task force may send out some of the wrong signals. Mayor Nash noted this is a highly regulated area in the city and the voluntary input of information and advice has not come readily from this segment of the community. He noted this task force would have no author- ity at all and its creation would serve only as a invitation for them to give the city this information. He noted communication is a problem. He noted in this instance, he would recommend including non -city residents as well for membership consideration on the task force since the ETJ is where most of these people work. Councilmember Monday and Hodges agreed to expand the membership into the city's ETJ. Councilmember Tavenner noted a representative from the manufactured housing industry should be included in the membership of this task force as they have a vested interest in Huntsville as well. Councilmember Monday made a motion to develop this task force and Councilmember Howard seconded the motion. It was clarified that the manufactured housing industry will be represented or invited to be represented on this task force. Councilmember Dowling voted OPPOSED to the creation of this task force. Councilmembers Corley and Davis were not in attendance for this vote. All other Councilmembers (Monday, Hodges, Howard, Tavenner and Brown) and the Mayor voted FOR this motion. The motion therefore passed 6 to 1 with two members absent. Council Calendars The City Manager noted the Council Meetings. are scheduled for November 29 (call bond election, tentatively) December 6 and December 13. In January, the Council would meet beginning on the 10th (second week). 'tTP PAGE 352 -- BOOK "N" NOVEMBER 15, 1983 CITY COUNCIL MEETING CHRISTMAS PARADE The City Manager noted the annual Christmas Parade will be on December 8, 1983. Report on History of Certificates of Obligation Gene Pipes presented a report on the history of the City's C. 0.'s as documented by the Finance Director, Rs. Patricia Allen, which indicated exactly which C. 0.'s were issued, when, and what the City's payoff expec- tations are on them. November 21, 1983 Texas Highway Commission Meeting-- Councilmembers are Invited to Attend Mr. Pipes advised the Council the City will appear before the Highway Commission to request consideration of any available funds for the projects reviewed this evening. He noted Mayor Nash will represent the City along with Walker County Judge, Ralph A. Davis and representatives of the Chamber of Commerce, etc. Water Tower Site Work and Foundation Mr. Pipes advised the contractor is at work on the water tower site foundation and a pictoral history is j being made of the progress. Leaves and Pine Straw into Gutter Line of Street The City Manager noted there is a tremendous amount of leaves and pine straw being raked into the gutter of the streets and the street sweeper simply cannot handle this volume. He asked the news media's assistance in notifying the residents to bag their leaves and pine straw and leave them at the curb side. He said the City's street department would assist the sanitation crews in picking up this excess material on a daily basis and certainly on the main first Wednesday trash day. He noted the city absolutely cannot pickup this material with the street sweeper without damaging it. He noted it will become a serious problem as it may plug the city's drainage system and inlet boxes, etc. if the citizens fail to voluntarily cooperate with the city. He noted this extra service will begin immediately. MAYOR'S ACTIVITY REPORT Judge Max M. Rogers Recognition Reception Mayor Nash noted he represented the City at this reception at the District Courtroom on November 10. The resolution jointly adopted by the city and the county was presented. City Police -SHSU Security Personnel Relationship Mayor Nash advised the Council that the agreement which he asked the staff to draw up has been prepared which addresses the cooperation and interaction between the City's Police Department and Sam Houston's Campus Security Personnel. He noted however that he has been unable to fully review and evaluate the document at this time. He noted has set up a meeting with Dr. Elliott T. Bowers, the University President, for November 29 to review this document. Oral History of Huntsville ater Tower COUNCIL ACTION Councilmember Monday noted the project to obtain as much of our oral history as we can is underway. She noted ex- department heads, ex- councilmembers and ex- mayors will be contacted to obtain these histories which will become a part of our library and available for the citizens interested in our early history. She noted this is in preparation for a "Founder's Day Celebration" for Huntsville. She noted she is interested in determining Huntsville's founding day and in celebrating that. Councilmember Dowling asked and learned that the new 2 million gallon water storage (elevated) tower would be painted white. The City Manager noted It'll have lights on it which can have colored lenses of any color desired. Bulgarian National Basketball Team -- Councilmember Hodges noted he welcomed this team on behalf of the City and the Chamber of Commerce. Status of Telecable Agreement -- Councilmember Brown wanted an update on whether Telecable is in compliance with our latest agreement. He requested a report from their manager, Mr. Steve Crawford. He also felt it would be good to ask citizens to come to air whatever grievances they might have before the Council. Bob Smith, Director of Community Development and the City's representative on the Telecable Complaint: Committee, advised that some 18 complaints have been processed and resolved since last year. Scott Bounds, City Attorney, noted some of the contracted equipment 'r has still not arrived. HGAC Meeting in Houston New Street Sweeper -- Councilmember Brown advised that he and Councilmember Davis attended the HGAC Meeting in Houston last Thursday evening. -- Councilmember Brown asked that the Council be advised early in the year the approximate time table for acquiring the budgeted equipment, such as a new street; sweeper. Mr. Pipes noted the city intends to buy all of the budgeted equipment in the first quarter if at all possible. Councilmember Brown noted he would like to observe the demonstrations of the street sweeper. ADJOURNMENT t 11 sub tted, �� ut o aw, ty ' cre ary November 15, 1983 1 1 1