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MIN CC 10/05/1982• MINUTES OF THE CITY COUNCIL MEETING OF OCTOUER 5,-T910, HELD IN THE CITY HALL COUNCIL CHAMBER LOCATED AT 1212 AVENUE M 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: William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davis Jerry L. Dowling Delora King Goree McGlothen Jane Monday Member absent: Bill Hodges The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Reverend Gary Bonner of the First Baptist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the minutes of September 21, 1982 and Councilmember Dowling seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS James Brooks to Discuss the Setback Ordinance Mr. Brooks requested a variance to the Setback Ordinance to allow the erection of a canopy over the already existing gas pumps at his business location at Sam Houston Avenue and Avenue I, Chapman Inc., a Texaco jobber in Huntsville. He noted the gas pumps were in existence prior to the setback ordinance being adopted which requires[ all structures to be off of the curb line by 25 feet. It was noted the ordinance does not provide for variances. ','. After some discussion, Mayor Nash asked the staff to review this again with the Council's consensus to make every a effort to assist Mr. Brooks in modifying his canopy to comply with applicable building codes. Councilmember Dowling suggested to staff that if the awning would be close to the property line, that Chapman, Inc. be required provide the City with a release,should the City ever decide to widen that street,from compensation for moving the awning. He felt this would protect the City's interest regarding obstructions upon rights -of -way. Bill Knotts, Chairman, Planning Commission, to Report on October 4 Meeting Mr. Knotts advised the Council that he was elected Chairman and Mr. Max Schlotter was elected Vice - Chairman. He noted the Commission's pleasure in the Council's adoption of the three phases of the Master Plan. He noted in January, the Central Business District and Housing Committee reports would be presented to the Council. He noted in March of next year, the Capital Improvements Program should be ready to present to the Council. CITY MANAGER'S REPORT Safeway Contractor -- Normal Park Street Damages Gene Pipes, City Manager, noted the Safeway contractor has.offered to tender a sum of money equal to the amount of repair work required to restore Normal Park Street and to have the City repair the street in exchange for a Release for these damages and a Certificate of Occupancy. He noted the new Safeway store would have its ribbon cutting ceremony on October 8 and be open for business on October 9. The Council concurred in this arrangement to acquire payment for the damages and authorized the City Manager to proceed with this type of settlement. Mayor Nash noted the Safeway contractor had implemented very impressively the requirements of the City's new landscaping ordinance. ORDINANCES Ordinance No. 82- 25-- Amends Building Codes Mayor Nash asked the Council to defer discussion and action on this item to the work session immediately following the formal meeting. The Council concurred as they indicated their preference to note more carefully how this code issibeing prrioposed for changes. Motion to table was made by Councilmember Brown, seconded by Counci l member King. Ordinance No. 82 -26 -- School Speed Zones Mayor Nash noted a committee was appointed to study the school speed zones and to recommend to the Council uniform speed zones when the Council became aware that there were conflicting speed zones posted and a lack of consistency. He noted as a result of that study, the following ordinance is presented: ORDINANCE 110. 82 -26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING MAXIMUM SPEED LIMITS ON CERTAIN PORTIONS OF PUBLIC STREETS AND HIGHWAYS ADJACENT TO ELEMENTARY AND SECONDARY SCHOOLS; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $200; REQUIRING THE CITY SECRETARY TO PUBLISH NOTICES AND PROVIDING AN EFFECTIVE DATE. Councilmember Monday made the motion to adopt Ordinance No. 82 -26 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Ordinance No. 82- 27-- Temporarily Closing Avenue N and 12th Streets Mayor Nash noted this ordinance is requested by the Chamber of Commerce. He noted he has reservations about the effectiveness of such an ordinance authorizing a six month closing of these streets as it would not permit any planning or proceeding to be done with the park by the Chamber of Commerce. He felt the first thing that should be done is to acquire releases from the adjacent property owners, and when these are received, then the streets could be closed permanently. Councilmember King requested a worksession prior to this to review the impact of losing these streets with our traffic plan prepared by Lockwood, Andrews and Newnam in 1977. Councilmember Brown made the motion to table this ordinance and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. Ordinance No. 82 -28 Providing for Administration of a Records Management Program Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 82 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ADMI,NISTRATION OF A RECORD MANAGEMENT PROGRAM; PROVIDING FOR CUSTODIANSHIP AND OWNER- SHIP OF CITY RECORDS; PROVIDING FOR COPYING OF CITY RECORDS; PROVIDING FOR DESTRUCTION OF CITY RECORDS; PROVIDING FOR PUBLIC ACCESS TO COPIED CITY RECORDS; PROVIDING FEES FOR COPIES OF CERTAIN CITY RECORDS; MAKING OTHER PROVISIONS AND FINDINGS RELATED TO THE MANAGEMENT OF CITY RECORDS; REPEALING INCONSISTENT ORDINANCES; PROVIDING SAVINGS AND SEVERABILITY PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Corley made the motion to adopt Ordinance No. 82 -28 and Councilmember Monday seconded the motion. Councilmember Dowling asked for an explanation of the section which requires the City Auditor to approve destruction of the record, noting their job is to do the audit, not to advise on a 12 -month basis on which records should or should not be destroyed. Scott Bounds noted the contract with the auditing firm does state that the auditor will consult with the city on what records are necessary to conduct the audit. Council - member Dowling suggested the contract state that the auditing firm is hereby the City's auditor until such time as another firm is engaged. Councilmember Dowling also was concerned that Record" is not defined in this ordinance. Scott Bounds noted state law already defines "Record." Upon a vote on the existing motion, all were in favor and it'passed unanimously. PURCHASES Razing of old North Sewer Plant - -Bid Award -- BOEGNER DEMOLITION COMPANY Councilmember Monday made the motion to award the bid to Boegner Demolition Company in the amount of $21,500 and Councilmember Brown seconded the motion. All were in favor and the motion passed unanimously. It was noted the pits would be filled in as soon as feasible with excess fill materials the City is able to acquire, rather than by contract for immediate filling, which costs prove to be excessively high. The Mayor and Council urged the city staff to expedite the filling of these pits so that the land can be converted to another use in the near future. Trencher for Utilities Department- -Ditch Witch of Southeast Texas - -Bid Award Councilmember Brown made the motion to award the bid to Ditch Witch of Southeast Texas, Inc. in the amount of S32,811 for use in Water Distribution Div.from budgeted funds and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT Appointment to TML Resolutions Committee Mayor Nash noted he has been appointed to the TML Resolutions committee to review the resolutions presented from Texas Cities to the TML. Board and Commission Reception -- October 11, 1982 Mayor Nash reminded those present that the recognition and appreciation reception for volunteer city committee and commission members would be held on Monday evening, October 11, 1982 at 5:30 P.M. at the First National Bank Flag Room. He noted this will be the second annual reception for this purpose. October Calendar of Events Mayor Nash noted the October calendar indicates the Council will not meet on next Tuesday, October 12, 1982 He advised the Council will meet on October 19 and this will be the only formal meeting in October. He reminded the Council that Councilmembers Brown and Oavis would be joining him in attending the Texas Municipal League's Annual Meeting in Fort Worth, along with several staff members. COUNCIL ACTION Resolutions Proposed for Submission to TML Resolutions Committee Jerry Dowling presented two resolutions for Council consideration, as follows: Resolution A: Encouraging the State of Texas to Serve as Guarantor on Municipal Bonds. Councilmember Dowling made the motion to present this resolution to the TML and Councilmember Monday seconded the motion. Councilmembers Davis and King voted OPPOSED to this motion. Councilmembers Corley, McGlothen, Brown and Mayor Nash voted FOR this motion. The motion therefore passed.6 to 2. (Note Councilmember Hodges is absent.) Resolution B: Encouraging the Texas Legislature to Enact Legislation Limiting the Claiming of Agricultural Exemptions to Real Estate Located Outside the Corporate Limits of any City. Councilmember Dowling made the motion to present this resolution to the TML and Councilmember Corley seconded the motion. Councilmembers Monday, King and Brown voted OPPOSED to this motion. Councilmembers McGlothen, Davis and Mayor Nash voted for the motion. The motion therefore passed 5 to 3. (Note Councilmember Hodges is absent.) Delora King requested a list of items deferred to work sessions during 1982 Murray Brown suggested the City require permits of itinerant vendors (refers to rodeo related sal s Stephen Davis concerned about 5:00 PM Item deliver eo le weaving left and right on streets to deliver papers may be especially at 5:00 PM. Jane Monday requested the Lifeline Resolution also be sent to TML with Resolutions A & B. requested use of the Ordinance Fact Sheet when presenting Ordinances to Council. request check of sign compliance on Highway 75 N and Old Madisonville Road. requested caution in tvoe of fill material used to fill in Old Sewer Pia compatibility with future land use of that site. opsnectfully submitted, October 5, 1982 , 1 y e ary