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MIN CC 04/13/1982•.y, 'ii lYu r. ur Int nul11JVILLC ull 1 1.1A/111.1 L. PILL 1l11U--,, Is/ L. 11, iJVL 1 MINUTES OF THE CITY COUNCIL MEETING OF APRIL 13, 1982 HELD IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS AT 7:00 P.M. The meeting was called to order by the Honorable William V. Nash, with the following members present William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davis Jerry L. Dowling Bill Hodges Delora King Goree McGlothen Jane Monday (late) The invocation was presented by the Reverend Doug Lehman, New Testament Baptist Church. CONSIDER THE MINUTES OF THE PREVIOUS TWO MEETINGS Councilmember McGlothen made the motion to approve the City Council Minutes of April 6 and March 30, 1982 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. PLANNING COMMISSION REPORT - -MAX SCHLOTTER Mr. Max Schlotter noted the Commission approved a 4 acre plat for the new Mormon Church to be located off of 19th Street and Avenue S with a variance to change the scale to 1 -50 rather than 1 -100 and refused preliminary plat for Northgate Meadows because of a lack of completion of required paperwork. He requested a work session to review goals and objectives of transportation plan; requested a professional study of the airport facilities; and reported on the land use public hearing held last evening. MR. DAN COODY TO DISCUSS SWEPCO Mr. Dan Coody of Rt. 6, Box 81 discussed the probable pollutants and acid raid which the new SWEPCO (Southwestern Electric Power Company) would produce in Walker County if it were built. Mr. Coody left the Council with several questions he had regarding the plant, but the Council advised they would merely receive his questions at this time and that this is not intended to be a question and answer session. MAYOR'S REPORT William V. Nash, Mayor Noted he had meet privately with Mr. Goody earlier and had a reasonable discussion with him and answered all the questions he could at that time. Advised the Council he wrote to County Judge Ralph Davis, indicating the County is the proper jurisdiction to consider SWEPCO but pledging any city facilities or cooperation to assist them in their deliberations in these matters. He noted public hearings on this matter would be more logically held in the District Courtroom of the Walker County Courthouse. Informed those present that taxes would be paid by SWEPCO as would be expected from any other private enterprise, however, since it is outside the city, no taxes would be coming to the city. Welcomed newly elected and re- elected Councilmembers Davis, Corley, Hodges and Brown, respectively, and congratulated them on their election. Senate Hearings - -Mayor Nash informed the public that senate hearings would be held Wednesday, April 14, 1982 at 10:00 A.M. regarding the lack of taxes that cone to municipalities and other local jurisdictions from state owned property. SWEPCO- -Mayor Nash noted there would be a public hearing at 7:00 P.M. on the air quality permit application of SWEPCO on Wednesday, April 14, 1982, to be conducted by EPA. Campaign Signs - -Mayor Nash noted the State Department of Highways and Public Transportation requests the City's cooperation in assisting them in enforcing non- placement of campaign materials and signs in the rights - of -way of streets and highways throughout the City. It was also noted a City Ordinance also prohibits this practice. HB 4503 - -Mayor Nash said this house bill did establish a house program for work with sewage construction - -with a budget over three years of $2.4 billion annually. He noted Texas will receive $103 million. The grant share is 55% after October 1, 1982. He noted if the City becomes involved at a later date, it will have to pro - vide a larger share (45 %) rather than the previous 25 percent. Future grants will be based on existing popula- tion rather than projected population, according the Mr. Nash. Proclamation - -Mayor Nash noted he signed a proclamation proclaiming April 18 -24 as "Friends of the Huntsville Public Library Week, and invited the public to attend the open house at the Library on Wednesday, April 21, 1982 from 5:00 P.M. until 7:00 P.M. ORDINANCES Ordinance No. 82- 5-- Telecable Rate Ordinance Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE NO. 82 -5 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING CABLE TELEVISION SERVICE, REQUIRING MINIMUM RADIO AND TELEVISION AND PROGRAMMING, ESTABLISHING TECHNICAL PERFOR- MANCE STANDARDS, PROVIDING SUBSCRIBER COMPLAINT PROCEDURES, REQUIRING CHANNEL PRODUCTION FACILITIES, BUDGET AND STAFF AVAILABLE TO PROVIDE LOCAL PROGRAMMING OR CHANNEL ACCESS BY GOVERN- MENT, SCHOOLS AND THE PUBLIC, CONTAINING VARIOUS ENFORCEMENT PROVISIONS, ESTABLISHING SPECIFIC PENALTIES FOR VIOLATION OF SERVICE REQUIREMENTS, SETTING MAXIMUM RATES, MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilmember Corley made the motion to adopt Ordinance No. 82 -5 and Councilmember Hodges seconded the motion. MY Il1L IJ, IJbL 6111 LUUIILIL I'ILLIIIIU I'I111UILJ +nun Councilmember Brown made an amending motion to revise the language in Section 11 to read: ''Upon construction and implementation of the services described in Sections 1 through 9 herein, the company shall give the City Manager a notice of intent to increase rates. When the Company complies with the construction and implementation of the services described in Section 1 through 9 herein as determined by City, Council shall approve an increase of the Company's rates not to exceed the following: Installation fee $19.95 (for new customers only) Basic subscriber service $ 8.25 per month . . ." Councilmember Hodges seconded the amending motion. Councilmembers Corley also accepted the amendment. Upon a vote of the motion, it passed unanimously EXCEPT for Councilmember King who voted OPPOSED and EXCEPT for Councilmember Monday, who was absent. The Ordinance No. 82 -5 therefore passed by a vote of 7 to 1. Ordinance No. 82- 8-- Bearkat Boulevard Mayor Nash then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 82 -8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REDESIGNATING THE 16TH STREET THAT INTERSECTS AVENUE H AND HIGHWAY 19 AS BEARKAT BOULEVARD; DIRECTING THE CITY MANAGER TO SIGN THE STREETS APPROPRIATELY; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Councilmember Brown made the motion to adopt Ordinance No. 82 -8 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously (includes Councilmember Monday). Ordinance No. 82 -9 -- Providing Variance Procedure for Setback Lines -- TABLED This ordinance was tabled for further discussion; however, the Council noted they preferred alternate two ordinance which would allow the Council to make the decision to grant variances in setback lines of the building regulations of the City. Councilmember Brown made the motion to table this ordinance and Councilmember Dowling seconded the motion. All were in favor and the motion passed unanimously. Ordinance No. 82 -9 (new) -- Establishi g Purchasing Procedures Mayor Nash then presented the next ordinance, which will carry the number 82 -9, the caption of which is as follows: ORDINANCE NO. 82 -9 AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER TWO, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY THE ADDITION OF A NEW ARTICLE V, PURCHASING, ESTABLISHING PURCHASING PROCEDURES FOR THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Hodges made the motion to adopt Ordinance No. 82 -9 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Resolution No. 82- 7-- Personnel Policies Amendment Mayor Nash then presented this resolution, the caption of which is as follows: RESOLUTION NO. 82 -7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY TO PROVIDE FOR PERSONAL SERVICE OF NOTICE OF GRIEVANCE HEARINGS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Councilmember Corley made the motion to adopt Resolution -No.' 82 -7. and Councilmember Monday seconded the motion. All were in favor EXCEPT Councilmember King, who voted OPPOSED to the motion. The motion therefore passed 8 to 1. AGREEMENT Summer Baseball /Softball Program -- Concessions - -1982 Season Mayor Nash presented the Contract between the City, the Huntsville Youth Baseball Association, Huntsville Boys Majors (HBM1 and Huntsville Softball Association (HSA) regarding the operation of the summer youth league baseball programs and summer youth league softball program. Mr. Pipes noted some amendments to Section VI of the contract, as follows: '12. HYBA shall be paid 10% of all profits from the operation of the concession stand. 3. The first $8,700.00 of profits, in addition to that paid to the HYBA under Section VI, Paragraph 2, would be paid to "World Famous Chocolate." Councilmember Hodges made the motion to adopt this agreement as amended by Gene Pipes and Councilmember Monday. Councilmember Dowling requested that Section VI include a disclaimer to the effect that the City of Huntsville has no financial obligations relative to this section of the agreement. Councilmember Monday seconded the motion. All were in favor of the motion to approve this contract as amended twice and it passed unanimously. PURCHASES Old North Sewer Plant-- Dewatering of Digesters and Imhoff Tank Councilmember Corley made the motion to accept the bid of Weathers Equipment and Supply in the amount of $19,750 to be paid from budgeted funds for the dewatering of the digesters and Imhoff tank at the Old North Huntsville Sewer Plant and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Radar Units for Police Division Councilmember Brown made the motion to purchase radar units for the Police Division (four units) from Kustamm Electronics in the amount of $7,980 from General Fund Contingency and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Fifty Meters and Couplings Councilmember Brown made the motion to purchase 50 meters and couplings from Badget Meter as a sole source vendor in the amount of $1,779.50 to be used in Water and Sewer Inventory and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. PENDING ITEMS Selection of Mayor Pro tem for 1982 -1983 Term -- LARRY CORLEY Councilmember Brown made the nomination of Councilmember Larry Corley as the Mayor Pro tem and Councilmember Hodges seconded the motion. All were in favor of Councilmember Larry Corley serving the next one year term as Mayor Pro tem and it passed unanimously. Pebworth Sculpture Location Councilmember Brown made the motion to approve the site selected by the Huntsville Arts Commission for the placement of the Pebworth Sculpture on the City Hall property and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. TRA's Mid -year Budget Analysis of Huntsville Regional Water Supply System The Council reviewed but took no action on the Huntsville Regional Water Supply System mid -year budget analysis as supplied by the Trinity River Authority, dated April 2, 1982. April Point Mobile Home Park Sewer Line Councilmember Brown made the motion to approve a change order for the construction of a segment of the Northside Interceptor Sewer Line project to service the April Point Mobile Home Park area in accordance with the Master Northside Facility Plan subject to the cooperation of TDC in running this size line in accordance with the City's facility plan (extension of a 15 inch sewer line from Station 139 + 53 on the 30 inch Parker Creek Outfall Line up Parker Creek to FM 247 (April Point Mobile Home Park) for a total cost of $110,000 and Council- member Monday seconded the motion. All were in favor and the motion passed unanimously. It was noted these funds would come from the Northside Interceptor Project Fund balance which is currently at $201,428. Mayor Nash asked the City Manager to get a letter from TDC indicating that this size line is consistent with their needs and fits into their future projections. Engineering Science, Inc. Update The Council reviewed a letter dated April 7, 1982 from Mr. Steve C. Hartman, P.E. with Engineering- Science of Houston regarding the brown water problems traced to Wells No. 19 and 20 which indicated they are prepared to submit their conclusions and recommendations pending the study of some additional data which has been requested. No action was taken on this subject by the Council. NEW ITEMS Reclassification and Budget Adjustment for Finance Department, Accounting and Data Processing Divisions Councilmember Monday made the motion to approve the reclassification and budget adjustments for these Divisions and Department and Councilmember Corley seconded the motion. Councilmember Dowling noted he is OPPOSED to this motion which would add a clerk with computer programing experience because we already have a $30,000 per year computer programmer. All other Councilmembers were in favor of the motion and it passed 8 to 1. Abandonment of Streets to Sam Houston State University Dr. Frank Leathers of Sam Houston State University and a member of the Transportation Committee of the City's Planning Commission requested the Council's consideration for the abandonment of 20th Street from Sam Houston Avenue east to Avenue I Avenue I from Robert Burns' alley north to 20th Street Avenue J from northwest corner of Robert Burns' property north to 20th Street in accordance with the University's Master Plan. , Mayor Nash noted the Council would take this under advisement and noted before streets can be abandoned, a public hearing must be held and ordinances prepared to effect this abandonment. Park Development Revenue Resolution Requested Councilmember Monday made the motion to prepare a resolution for submission to the House Interim Committee on Environmental Affairs which would: 1) open the Texas Local Parks, Recreation and Open Space Fund to state- wide governmental entity participation; 2) extend the term of funding indefinitely or for a minimum of 10 years; and 3) increase revenues to an adequate comparable funding level to accommodate additional participants • through the assessment of additional earmarked cigarette taxes if necessary and Councilmember McGlothen seconded the motion. All were in favor and the motion passed unanimously. It was noted this request came from Mr. C. Grady Manis, Jr., an advocate of parks, recreation and open spaces, and a citizen of Huntsville. Setback Requirement Variance Request This item, a request from Mr. John Haney for a proposed canopy at the corners of Hickory Drive, llth Street and I -45 which will require a variance to the setback requirement, was tabled as it relates to the ordinance previously presented which was also tabled and sent back to staff. COUNCIL ACTION Water Forum Jane Monday, Councilmember, requested that the City have a Water Forum in Huntsville which would present to the public all information available regarding our water supply, including trips to the plant, and presentations from our water department employees and representatives of the Texas Department of Health. Res- fully sublitte. 1 h 1-■aw, 1 April 13, 1982 y ecre ary