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MIN CC 12/11/1984MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 11TH DAY OF DECEMBER, 1984 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 Council met in regular session with the following members present: William V. Nash 0. Eugene Barrett Stephen E. Davis Jerry L. Dowling Bill Hodges Percy Howard, Jr. Jane Monday Mayor Councilmember at- large, position 1 Councilmember at- large, position 3 Councilmember, Ward 2 Councilmember at- large, position 2 Councilmember, Ward 3 Councilmember, Ward 1 City Officers present: Gene Pipes, City Manager Ruth DeShaw, City Secretary Scott Bounds, City Attorney Member absent: Bob Tavenner, Councilmember, Ward 4 Position Open: Councilmember at- large, position 4 (Murray A. Brown resigned 11- 29 -84) The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented 5y Reverend Bosey Bookman, Galilee United Methodist Church, CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the minutes of the meeting of December 4, 1984 and Council- member Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCES Consider Ordinance redistricting Council Ward Numbers 3 and 4 by the addition of certain properties. Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE NO. 84 -39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REDISTRICTING COUNCIL WARD NUMBERS 3 AND 4 BY THE ADDITION OF CERTAIN PROPERTIES; AND PROVIDING THE EFFECTIVE DATE HEREOF. The Council was advised that the Henderson Land Company /Knotts Mobile Home Park /April Point Mobile Home Park area approximately 270 people) would be incorporated into voting precinct 105 (from 104) and would become a part of City Ward 3 and remain in county commissioner's precinct 1; that the Fish Hatchery Road area (approximately 544 people) would be incorporated into voting precinct 301 (from 302) and would become a part of City Ward 3 and remain in county commissioner's precinct 3; that the Boettcher's Mill area (approximately 284 people) would remain the same as it is already located in the City Ward 3 area, voting precinct 301 in county commissioner's precinct 3, however the annexation of this area will allow those voters to vote a city ballot when they report for voting at their usual precinct; that Majestic Forest area (approximately 90 people) would be incorporated into voting precinct 206 (from 204) and would become a part of City Ward 4 and remain in county commissioner's precinct 2. The Council was also informed that countywide redistricting will be undertaken in 1985 which will again change voting precinct lines, city ward lines and county commissioner precinct lines; however, until that study can be undertaken, these changes are necessary at this time to provide for the addition of these new city residents into voting districts inside the city and into wards for city council representation, pending further refinements. After a review of this ordinance and its effect, Councilmember Monday made the motion to adopt Ordinance No. 84 -39 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance eliminating connection fee for mobile homes Mayor Nash then presented another ordinance for the Council's consideration, the caption of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 118 OF THE HUNTSVILLE CODE OF ORDINANCES BY ELIMINATING THE CONNECTION FEE FOR MOBILE HOMES, AND MAKING OTHER PROVISIONS RELATED THERETO. It was noted this ordinance provides for the deletion of the following words in the present ordinance: . . and an application /inspection fee of fifteen dollars ($15,00)." Councilmember Hodges made the motion to adopt tnis ordinance as presented and Councilmember Monday seconded the motion. All were in favor and the motion sassed unanimously. CONSIDER BIDS AND C. 0. ORDINANCES Consioer Bid No. 85 -7 -- rubber tire roller for the Street Division to Plains Machinery Company in the amount of S30,489, with trade -in and authorize the issuance of an equipment acquisition certificate of obligation Councilmember Monday made the motion to approve of Bid No. 85 -7 described above and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. The Council then considered the following ordinance: ORDINANCE N0. 84 -40 AN ORDINAiNCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $30,489.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. LRubber Tire Roller - -4 year C.O.] Councilmember Dowling made the motion to approve of Ordinance No. 84 -40 and Councilmember Hodges seconoeri the irotion. All were in favor and the motion passed unanimously. Consider Bid No. 85 -8- -iron wheel roller for the Street Division to Plains Macninery Company in the amount of 836,699 with trade -in and authorize issuance of an equipment acquisition certificate of obligation. Councilmember Barrett made the motion to approve of Bid No. 85 -8 and Councilmember Dowling seconded the motion. ail were in favor and the motion passed unanimously. The Council en considered the following ordinance: ORDINANCE NO. 84 -41 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $36,699.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. [Iron Wheel Roller - -4 year C.O.] Councilmember Howard made the motion to approve of Ordinance Mo. 84 -41 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Consider Bid No. 85- 9-- self - propelled road broom for the Street Division to Conley- Lott - Nichols in the amount of $19,725 and authorize the issuance of an equipment acquisition certificate of obligation Councilmember Dowling made the motion to approve of Bid No. 85 -9 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. The Council then considered the following ordinance: ORDINANCE NO. 84 -42 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $19,725; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT [Self - propelled Road Broom - -4 year C.O.] Councilmember Davis made the motion to adopt Ordinance No. 84 -42 and Councilmember Monday seconded the motion All were in favor and the motion passed unanimously. Consider Bid No. 85 -10- -crack sealing machine for the Street Division to Crafco Texasl Inc. in the amount of 12,400 and authorize the issuance of an equipment acquisition certificate of obligation Councilmember Monday made the motion to approve of Bid No. 85 -10 as presented above and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. The Council then considered the following ordinance: ORDINANCE NO. 84 -43 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $12,400.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. [Crack Sealing Machine - -4 year C.O.] Councilmember Barrett made the motion to adopt Ordinance No. 84 -43 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER APPRAISER'S REPORT - -HUD PROJECT Consider acceptance of the appraiser's report and establish just compensation on two easement tracts and authorize the city staff to make purchase offers as part of the H.U.D. - -New Addition Community Block Grant Program The Council was advised that the city has received two appraisal reports on New Addition from Primary Appraiser Mr. G. Wayne Stephenson. It was noted since a review appraisal is not necessary for market values for real property to be acquired less than $2,000 and Mr. G. Wayne Stephenson has done good work for the city previously, the grant staff recommends, for the sake of expediency, that a review appraisal is not necessary. The staff's recommendation was presented to: 1) approve primary appraiser's report; 2) establish just compensation to be market value as identified in the primary appraiser's report; and 3) authorize city staff to distribute letters offering to purchase easements as per established just compensation amounts. Councilmember Monday made the motion to approve the values recommended by staff for the easements for New Addition, as follows: K6 -3, $334.00 and K6 -4, $1,146 as determined by the city's primary appraiser, Mr. G. Wayne Stephenson, and that the staff establish just compensation to be market value, as identified in the primary appraiser's report and that the city staff distribute letters offering to purchase easements as per established just compensation amounts and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimous_ CITY MANAGER'S REPORT - -GENE PIPES Texas Telecable, Inc. -- Telecable Sale Completed Gene Pipes, City Manager, indicated he has received a letter from Texas Telecable, Inc, confirming the trans- fer of the telecable franchise and noting that this transaction is now completed, effective November 30, 1984. H -GAC Solid Waste Report Gene Pipes noted a copy of the H -GAC Solid Waste Report -- Preliminary Draft- -has been received, at the request of Councilmember Davis. Water Tower Tank Filling to Begin: 8:00 A.M., December 12, 1984 Gene Pipes noted that at 8:00 A.M. on Wednesday, December 12, 1984, the first water will be pumped into the city's newly completed 2 million gallon elevated water storage tower. COUNCIL ACTION Truck Ordinance Violations Councilmember Monday noted that logging trucks are still driving through the downtown Huntsville area, in spite of the City's truck ordinance. She noted also that trucks are also cutting through residential areas. Sane asked that the City Manager check on the enforcement of this ordinance with the Police Department. et Sweeper ouncilmember Monday also advised that the street sweeper is sweeping the streets in Forest Hills but seems to skip the corners and the leaves are clogging up the drainage areas. She also noted the street sweeper sometimes sweeps one side of the street twice and leaves the opposite side of the street unswept. She noted it seems to go down the middle of the street rather than cleaning the sides of the street, CITY COUNCIL MINUTES OF DECEMBER 11, 1984 BOOK "N° Page ,197 Zoning Question Councilmember Dowling noted last year about this time there was a discussion about the possibility of placing the question of zoning on the ballot in April. He noted after some discussion, it was decided that it would not be on the ballot in April of 1984 but would be discussed again the followiny year in order to allow the Planning Commission time to do a study. He asked where we stood at this time in this study. Gene Pipes, City Manager, noted the Planning Commission began this study and then concentrated on annexation, the downtown study and the housing section of the comprehensive plan. He noted they are almost finished with their comprehensive plan review, except for the park plan. He noted because of these other activities, zoning has slipped out of its first priority listing. He noted it would be extremely difficult to develop a specific zoning package prior to the spring election unless the Commission stops all other projects to work on this one. Councilmember Dowling noted that he isn't recommending getting into "specificity" regarding zoning, but just to ask if the citizens of Huntsville would like for the Council to consider any type of "zoning" -- the specifics to be developed after the election for consideration. He noted at this point, we do not have a feeling for what the community wants in this regard. He noted he just wants to "trot the issue out on whether the city should pursue efforts in this regard, without expending much effort on the front end, just to get the feel of the community of the issue." City Manager Gene Pipes questioned how much information needs to be developed before the issue is presented, noting zoning means different things to different people. Mayor Nash noted it would be difficult for people to vote on something without there being a degree of specificity, but at the same time, he did not think we are talking about asking the voters to vote any particu- lar area as residential or commercial but rather to define the type of zoning that might be considered here in getting a feel from the people as to whether they would or would not like for the city to pursue it. Council- member Hodges noted the word zoning is a misunderstood word and the Council will need to do some education on the topic first. Mayor Nash noted that something as broad as zoning needs to have public support. Council - member Dowling felt that we should not underestimate the intelligence of the population and that we don't have to be overly specific. City Manager Gene Pipes noted since zoning is such an all encompassing concept, people an read a whole lot into it, based on individual experiences. Mayor Nash noted if we don't specify somewhat, :ve rn)l be leaving its understanding up to the public'sprevious experience regarding zoning. Councilmember Dowling indicated he had no problem with being reasonably specific in definition, but he felt it would be inappropriate at this time to draw up preliminary maps. He was against deferring this issue another year in the name of research and development. He noted several instances have come to head in the last year that have made certain portions of the city very cognizant of some of the short comings of the current land use controls, , Boettcher Drive area subdivision -- Highland Park; Spring Lake- -land adjacent to it; Hill 'N Dale Subdivision. Councilmember Hodges said he'd like to give the other side of the coin, noting he would like to see this conversation put off forever. He said we have land use controls now, whether it be deed restrictions, setback ordinances, green areas in parts of ordinances. He noted the City of Katy recently went through this process and the result is that they went from a peaceful little bedroom community to one where feelings ran very high, tires got slashed, there were threats vs. counterthreats and "zoning" has apparently just torn that little com- munity apart. He said he does not think we need any of that. He noted if we went out to West Texas and started the Dowling- Hodges town of West Texas, we could zone the thunder out of it because no one lived there yet, but a city as old as the City of Huntsville and as grown up as Huntsville, would be very, very difficult to zone. He noted he feels we would have so many hard feelings and it would do substantially more harm than it would do ecod. He concluded by saying he'sagainst even bringing it (zoning) up. Councilmember Davis reminded the Council of a presentation he reported on earlier after returning from a meeting of Councilmembers and Commissioners and Mayors in Corpus Christi. He said a Mr. Dick Lilley, the former planner of the City of Austin, now working forConnally-Barnes Developments, may be a good resource person to have to come to speak to us regarding zoning problems and solutions. He noted he could give us some background information regarding what zoning really is and what the different options are and describe the different forms. Councilmember Monday noted Councilmember Dowling obviously wants an answer to this question since he has asked it two or three times. She noted she doesn'tfeel it belongs on the ballot at this point in time for the people to decide when the Council itself does not know what it wants to do, nor has it been addressed by the staff or the Planning Commission. She noted it would be entirely inappropriate for it to be on the ballot but that the Council should give Councilmember Dowling an answer as to whether or not it is going on a public ballot in April. Councilmember Dowling noted if the Council chooses not to put it on the ballot, that is fine, then he'll have something to tell folks. He noted he is simply trotting the issue out and is not saying whether he is "fer" or "agin," but he's just "trotting the issue out." Gene Pipes, City Manager, suggested a work session based on the topic of zoning with some rudimentary preparatory information, textbook type stuff, so the council can sit around the table and discuss it. He noted they can at least then decide how, when, where and what were going to run up the pole to the voters. He noted this would save the staff a world of work. Mayor Nash asked that Mr. Pipes schedule this work session for January 8 1985. He asked Mr. Pipes, in the meantime to work with staff in order to line out some basic elements that might be discussed. Mayor Nash noted then that the council can decide at that time whether or not to pursue it any further. MAYOR'S REPORT -- WILLIAM V. NASH Executive Session to Discuss Candidates for Councilmember at -large position 4, vacated by Murray A. Brown Mayor Nash noted the Council will now recess into Executive Session to review the qualifications of those citizens who have contacted the Council regarding their desire to fill the unexpired term of resigning Murray A. Brown, whose term continues until April of 1986. He noted if the Council can reach a decision this evening, it will recall the news media and reopen the formal session in order to make the appointment. An hour later. . FORMAL MEETING RECONVENED Consider Appointment of Citizen to Fill the Unexpired Term of Murray A, Brown (until April, 1986) Mayor Nash then made the nomination of Dr. Bill Green to fill the unexpired term of Murray A. Brown, for Councilmember at- large, position 4 for the term of office ending April 5, 1986 and Councilmember Monday seconded the nomination. All were in favor of this appointment and the nomination was approved unanimously. Mayor Nash noted he will contact Dr. Green to advise him of his appointment promptly. FINAL ADJOURNMENT y submitted th ►e w, ity Secretary December 11, 1984 /140V16.1 VI 4n6 .V.I JI.uc 1,111 1.VNIbiL- 4ULbLICCl 11, INA UUUK "N" PAUL 49 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 11TH DAY OF DECEMBER, 1984 iN THE CiTY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M iN THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS AT 7:0D P.M. The Council met in regular session with the following members present: William V. Nash 0. Eugene Barrett Stephen E. Davis Jerry L. Dowling Bill Hodges Percy Howard, Jr. Jane Monday Member absent: Position Open: Mayor Councilmember at- large, position 1 Councilmember at- large, position 3 Councilmember, Ward 7 Councilmember at- large, position 2 Councilmember, Ward 3 Councilmember, Ward 1 City Officers present: Gene Pipes, City Manager Ruth DeShaw, City Secretary Scott Bounds, City Attorney Bob Tavenner, Councilmember, Ward 4 Councilmember at- large, position 4 (Murray A. Brown resigned 11- 29 -84) The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by Reverend Bosey Bookman, Galilee United Methodist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve the minutes of the meeting of December 4, 1984 and Council- member Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCES Consider Ordinance redistricting Council Ward Numbers 3 and 4 by the addition of certain properties. Mayor Nash presented this ordinance, the caption of which is as follows: ORDINANCE NO. 84 -39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REDISTRICTING COUNCIL WARD NUMBERS 3 AND 4 BY THE ADDITION OF CERTAIN PROPERTIES; AND PROVIDING THE EFFECTIVE DATE HEREOF. The Council was advised that the Henderson Land Company /Knotts Mobile Home Park /April Point Mobile Home Park area (approximately 270 people) would be incorporated into voting precinct 105 (from 104) and would become a part of City Ward 3 and remain in county commissioner's precinct 1; that the Fish Hatchery Road area (approximately 544 people) would be incorporated into voting precinct 301 (from 302) and would become a part of City Ward 3 and remain in county commissioner's precinct 3; that the Boettcher's Mill area (approximately 284 people) would remain the same as it is already located in the City Ward 3 area, voting precinct 301 in county commissioner's precinct 3, however the annexation of this area will allow those voters to vote a city ballot when they report for voting at their usual precinct; that Majestic Forest area (approximately 90 people) would be incorporated into voting precinct 206 (from 204) and would become a part of City Ward 4 and remain in county commissioner's precinct 2. The Council was also informed that countywide redistricting will be undertaken in 1985 which will again change voting precinct lines, city ward lines and county commissioner precinct lines; however, until that study can be undertaken, these changes are necessary at this time to provide for the addition of these new city residents into voting districts inside the city and into wards for city council representation, pending further refinements. After a review of this ordinance and its effect, Councilmember Monday made the motion to adopt Ordinance No. 84 -39 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance eliminating connection fee for mobile homes Mayor Nash then presented another ordinance for the Council's consideration, the caption of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 118 OF THE HUNTSVILLE CODE OF ORDINANCES BY ELIMINATING THE CONNECTION FEE FOR MOBILE HOMES, AND MAKING OTHER PROVISIONS RELATED THERETO. It was noted this ordinance provides for the deletion of the following words in the present ordinance: .and an application /inspection fee of fifteen dollars ($15.00)." Councilmember Hodges made the motion to adopt this ordinance as presented and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS AND C. O. ORDINANCES Consider Bid No. 85 -7 -- rubber tire roller for the Street Division to Plains Machinery Company in the amount of S30,489, with trade -in and authorize the issuance of an equipment acquisition certificate of obligation Councilmember Monday made the motion to approve of Bid No. 85 -7 described above and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. The Council then considered the following ordinance: ORDINANCE NO. 84 -40 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $30,489.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. [Rubber Tire Roller - -4 year C.O.] Councilmember Dowling made the motion to approve of Ordinance No. 84 -40 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider Bid No. 85 -8- -iron wheel roller for the Street Division to Plains Machinery Company in the amount of 336,699 with trade -in and authorize issuance of an equipment acquisition certificate of obligation. Councilmember Barrett made the motion to approve of Bid No. 85 -8 and Councilmember Dowling seconded the motion, All were in favor and the motion passed unanimously. ra,uc you -- DUU' The Council then considered the following ordinance: ORDINANCE NO. 84 -41 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $36,699.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. [Iron Wheel Roller - -4 year C.O.] Councilmember Howard made the motion to approve of Ordinance No. 84 -41 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Consider Bid No. 85- 9- -self- propelled road broom for the Street Division to Conley- Lott - Nichols in the amount of S19.725 and authorize the issuance of an equipment acquisition certificate of obligation Councilmember Dowling made the motion to approve of Bid No. 85 -9 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. The Council then considered the following ordinance: ORDINANCE NO. 84 -42 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $19,725; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT [Self - propelled Road Broom - -4 year C.O.] Councilmember Davis made the motion to adopt Ordinance No. 84 -42 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. Consider Bid No. B5- 10- -crack sealing machine for the Street Division to Crafco Texas, Inc. in the amount of 512,400 and authorize the issuance of an equipment acquisition certificate of obligation Councilmember Monday made the motion to approve of Bid No. 85 -10 as presented above and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. The Council then considered the following ordinance: ORDINANCE NO. 84 -43 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $12,400.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. [Crack Sealing Machine - -4 year C.O.] Councilmember Barrett made the motion to adopt Ordinance No 84 -43 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER APPRAISER'S REPORT - -HUD PROJECT Consider acceptance of the appraiser's report and establish just compensation on two easement tracts and authorize the city staff to make purchase offers as part of the H.U.D. - -New Addition Community Block Grant Program The Council was advised that the city has received two appraisal reports on New Addition from Primary Appraiser Mr. G. Wayne Stephenson. It was noted since a review appraisal is not necessary for market values for real property to be acquired less than $2,000 and Mr. G. Wayne Stephenson has done good work for the city previously, the grant staff recommends, for the sake of expediency, that a review appraisal is not necessary. The staff's recommendation was presented to: 1) approve primary appraiser's report; 2) establish just compensation to be market value as identified in the primary appraiser's report; and 3) authorize city staff to distribute letters offering to purchase easements as per established just compensation amounts. Councilmember Monday made the motion to approve the values recommended by staff for the easements for New Addition, as follows: K6 -3, $334.00 and K6 -4, $1,146 as determined by the city's primary appraiser, Mr. G. Wayne Stephenson, and that the staff establish just compensation to be market value, as identified in the primary appraiser's report and that the city staff distribute letters offering to purchase easements as per established just compensation amounts and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT - -GENE PIPES Texas Telecable, Inc. -- Telecable Sale Completed Gene Pipes, City Manager, indicated he has received a letter from Texas Telecable, Inc. confirming the trans- fer of the telecable franchise and noting that this transaction is now completed, effective November 30, 1984. H -GAC Solid Waste Report Gene Pipes noted a copy of the H -GAC Solid Waste Report -- Preliminary Draft - -has been received, at the request of Councilmember Davis. Water Tower Tank Filling to Begin: 8:00 A.M., December 12, 1984 Gene Pipes noted that at 8:00 A.M. on Wednesday, December 12, 1984, the first water will be pumped into the city's newly completed 2 million gallon elevated water storage tower. COUNCIL ACTION ruck Ordinance Violations Councilmember Monday noted that logging trucks are still driving through the downtown Huntsville area, in spite of the City's truck ordinance. She noted also that trucks are also cutting through residential areas. She asked that the City Manager check on the enforcement of this ordinance with the Police Department. Street Sweeper Councilmember Monday also advised that the street sweeper is sweeping the streets in Forest Hills but seems to skip the corners and the leaves are clogging up the drainage areas. She also noted the street sweeper sometimes sweeps one side of the street twice and leaves the opposite side of the street unswept. She noted it seems to go down the middle_of the street_ rather than cleaning the sides of the street. CITY COUNCIL MINUTES OF DECEMBER 11, 1984 BOOK "N "r 'age 49/ Zoning Question Councilmember Dowling noted last year about this time there was a discussion about the possibility of placing the question of zoning on the ballot In April. He noted after some discussion, it was decided that it would not be on the ballot in April of 1984 but would be discussed again the following year in order to allow the Planning Commission time to do a study. He asked where we stood at this time in this study. Gene Pipes, City Manager, noted the Planning Commission began this study and then concentrated on annexation, the downtown study and the housing section of the comprehensive plan. He noted they are almost finished with their comprehensive plan review, except for the park plan. He noted because of these other activities, zoning has slipped out of its first priority listing. He noted it would be extremely difficult to develop a specific zoning package prior to the spring election unless the Commission stops all other projects to work on this one. Councilmember Dowling noted that he isn't recommending getting into "specificity" regarding zoning, but Just to ask if the citizens of Huntsville would like for the Council to consider any type of "zoning" -- the specifics to be developed after the election for consideration. He noted at this point, we do not have a feelinc for what the community wants in this regard. He noted he just wants to "trot the issue out on whether the city should pursue efforts in this regard, without expending much effort on the front end, just to get the feel of the community of the issue." City Manager Gene Pipes questioned how much information needs to be developed before the issue is presented, noting zoning means different things to different people. Mayor Nash noted it would be difficult for people to vote on something without there being a degree of specificity, but at the same time, he did not think we are talking about asking the voters to vote any particu- lar area as residential or commercial but rather to define the type of zoning that might be considered here in getting a feel from the people as to whether they would or would not like for the city to pursue it. Council- member Hodges noted the word zoning is a misunderstood word and the Council will need to do some education on the topic first. Mayor Nash noted that something as broad as zoning needs to have public support. Council- member Dowling felt that we should not underestimate the intelligence of the population and that we don't have tc be overly specific. City Manager Gene Pipes noted since zoning is such an all encompassing concept, people ac read a whole lot into it, based on individual experiences. Mayor Nash noted if we don't specify somewhat, we will be leaving its understanding up to the public'sprevious experience regarding zoning. Councilmember Dowling indicated he had no problem with being reasonably specific in definition, but he felt it would be inappropriate at this time to draw up preliminary maps. He was against deferring this issue another year in the name of research and development. He noted several instances have come to head in the last year that have made certain portions of the city very cognizant of some of the short comings of the current land use controls, i.e., Boettcher Drive area subdivision -- Highland Park; Spring Lake - -land adjacent to it; Hill 'N Dale Subdivision. Councilmember Hodges said he'd like to give the other side of the coin, noting he would like to see this conversation put off forever. He said we have land use controls now, whether it be deed restrictions, setback ordinances, green areas in parts of ordinances. He noted the City of Katy recently went through this process and the result is that they went from a peaceful little bedroom community to one where feelings ran very high, tires got slashed, there were threats vs. counterthreats and "zoning" has apparently just torn that little com- munity apart. He said he does not think we need any of that. He noted if we went out to West Texas and started the Dowling- Hodges town of West Texas, we could zone the thunder out of it because no one lived there yet, but a city as old as the City of Huntsville and as grown up as Huntsville, would be very, very difficult to zone. He noted he feels we would have so many hard feelings and it would do substantially more harm than it would do good. He concluded by saying he'sagainst even bringing it (zoning) up. Councilmember Davis reminded the Council of a presentation he reported on earlier after returning from a meeting of Councilmembers and Commissioners and Mayors in Corpus Christi. He said a Mr. Dick Lilley, the former planner of the City of Austin, now working for Connally Barnes Developments, may be a good resource person to have to come to speak to us regarding zoning problems and solutions. He noted he could give us some background information regarding what zoning really is and what the different options are and describe the different forms. Councilmember Monday noted Councilmember Dowling obviously wants an answer to this question since he has asked it two or three times. She noted she doesn'tfeel it belongs on the ballot at this point in time for the people to decide when the Council itself does not know what it wants to do, nor has it been addressed by the staff or the Planning Commission. She noted it would be entirely inappropriate for it to be on the ballot but that the Council should give Councilmember Dowling an answer as to whether or not it is going on a public ballot in April. Councilmember Dowling noted if the Council chooses not to put it on the ballot, that is fine, then he'll have something to tell folks. He noted he is simply trotting the issue out and is not saying whether he is "fer" or "agin," but he's just "trotting the issue out." Gene Pipes, City Manager, suggested a work session based on the topic of zoning with some rudimentary preparatory information, textbook type stuff, so the council can sit around the table and discuss it. He noted they can at least then decide how, when, where and what we're going to run up the pole to the voters. He noted this would save the staff a world of work. Mayor Nash asked that Mr. Pipes schedule this work session for January 8 1985. He asked Mr. Pipes, in the meantime to work with staff in order to line out some basic elements that might be discussed. Mayor Nash noted then that the Council can decide at that time whether or not to pursue it any further. MAYOR'S REPORT -- WILLIAM V, NASH Executive Session to Discuss Candidates for Councilmember at -large position 4, vacated by Murray A. Brown Mayor Nash noted the Council will now recess into Executive Session to review the qualifications of those citizens who have contacted the Council regarding their desire to fill the unexpired term of resigning Murray A. Brown, whose term continues until April of 1986. He noted if the Council can reach a decision this evening, it will recall the news media and reopen the formal session in order to make the appointment. An hour later. . FORMAL MEETING RECONVENED Consider Appointment of Citizen to Fill the Unexpired Term of Murray A. Brown (until April, 1986) Mayor Nash then made the nomination of Dr. Bill Green to fill the unexpired term of Murray A. Brown, for Councilmember at- large, position 4 for the term of office ending April 5, 1986 and Councilmember Monday seconded the nomination. All were in favor of this appointment and the nomination was approved unanimously. Mayor Nash noted he will contact Dr. Green to advise him of his appointment promptly. FINAL ADJOURNMENT h t haw, ity secretary December 11, 1 984