MIN CC 05/13/1997CITY COUNCIL MEETING OF MAY 13, 1997 BOOK "S"
89
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF MAY, 1997, IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in regular session with the following members present:
William B. Green, Mayor
Dan S. Davis
Ronald L. Lange
Vance Howard
JoAnn Matthews
Dave Luning
David Martinez
Ann James
Marjorie Rex
CITIZEN INPUT/INQUIRY
Officers:
Gene Pipes, City Manager
Scott Bounds, City Attorney
Damon Welter, City Secretary
Mr. Anthony Hearn, Mr. Jim Carter, Mr. George Russell, Mr. Ed DeLaGarza, Mr. Crawford Mayfield and Mr. Ken Florence spoke
in opposition of an ordinance regulating the location of sexually oriented businesses within Huntsville.
INVOCATION
Invocation by J. D. Schindler, Director of General Services.
'! ATTENDING CITIZEN
! 1. Mr. Mark Waldron Huntsville High School Baseball Booster Club, to rearrest participation from the City in the amount of $15.000
'i for improvements to Field #4 at Kate Barr Ross Park.
Mr. Waldron stated that the BUS Baseball Booster Club is requesting participation from the City to improve the High School field
! at Kate Barr Ross Park. The goals are to: 1) make the high school field a top notch 5A baseball field and one the City can be proud
of; 2) make it a field that is playable in any kind of weather and at all times of the year; 3) make it consistent enough for players to play
their best without concern for their safety or risk of injury; 4) design the field in such a way as not to have to make any major changes
for many years in the future and make the maintenance as simple as possible; and 5) have a maintenance program in place to prevent
these same problems from showing up again in a few yews. Improvements needed include: 1) spray with round up and kill all
vegetation; 2) rough grade, excavate and survey playing surface for new drainage elevation; 3) grade finish surface to plus or minus
i) 1 /10; 4) finish grade playing surface and add sand to create a sand base profile for planting grass; 5) install a new irrigation system;
6) sprig with hybrid Tif grass; 7) apply initial application of organic and inorganic fertilizer, 8) rebuild mounds and sprig all base paths
j with hybrid Tif grass except for cutout areas around bases; and 9) set all pitching rubber bases and home plates. A professional baseball
field manager and constructor was called for a consultation on this project. The project is estimated at $55,000. The Booster Club is
seeking funding from the City ($15,000), HISD ($15,000), HBBA ($15,000) and they plan to contribute $10,000. For the field to be
playable by October 1, construction must begin as soon as possible.
Councilmember Luning stated that he felt this was a good way to leverage the money between the users and the City. He stated
! that it appears the maintenance would be more specialized and asked if the School District or an organization would be willing to take
over the maintenance of the field.
Mayor Green stated that if Council approves this expenditure, an interlocal agreement could be entered into between the City and
HISD and stipulate that HISD take over the maintenance of the field, and subject to the remainder of monies being funded as outlined.
Mr. Waldron stated that he did not see a problem with this stipulation, as their plan would be to buy a specialized mower for the
field. Other than mowing, watering and fertilizing the field, it would be fairly maintenance free.
Councilmembers Lange and Matthews suggested that this project be considered during the budget process to begin in June.
Councilmember Howard asked if the County had been contacted for funding. Mr. Waldron stated that they had not contacted the
County; their plan had been for the users of the field and the City (as owner) to fond the improvements, but he would consider this
option.
After further discussion a motion was made.
Councilmember Lupine made a motion to approve $15,000 for the improvements to Field #4 at Kate Barr Ross Park contingent
on an interlocal agreement between the City and HISD (including maintenance) and subiect to the remainder of the monies being
funded from other sources. and Councilmember Davis seconded the motion. All were in favor except Councilmember Lange. The
! motion passed 8 -1.
CITY COUNCIL MEETING OF MAY 13 1997 BOOK "S" 90
CONSIDER THE RECOMMENDATIONS OF THE PLANNING COMMISSION REGARDING
THE LOCATION OF SEXUALLY ORIENTED BUSINESSES WITHIN THE COMMUNITY
Mr. Bounds stated that the Planning Commission has held public hearings and held several public meetings relating to the location
of sexually oriented businesses in Huntsville. The Commission is recommending that City Council consider a draft ordinance at its
next meeting.
Mr. Bounds stated that even though City Council will adopt the ordinance, it is unlike other City ordinances in that it is a Class A
or B misdemeanor if violated, therefore, enforcement will be through the County Court at Law. Because of this, it is important that
the District Attorney be comfortable with the ordinance and have an opportunity to review and make any comments. I will forward
a preliminary copy to him for his review before Council adoption.
Due to the difficulty in determining when business expenses have been recouped, Mayor Green recommended and the consensus
of Council was to amend the ordinance to grandfather existing SOBS.
., CONSIDER THE ABANDONMENT OF A PORTION OF A UTILITY EASEMENT IN FOREST HILLS
AS REQUESTED BY LLOYD MARTIN
Councilmember Rex made a motion to approve the abandonment of a portion of a utility easement in Forest Hills as requested by
Lloyd Martin and Councilmember Luning seconded the motion The motion passed unanimously.
CONSIDER THE APRIL TAX REPORT WITH ADJUSTMENTS TO THE LEVY AS RECOMMENDED
BY CHIEF APPRAISER GROVER COOK
Councilmember Davis made a motion to approve the April tax renort with adjustments to the levy as recommended by Chief
Appraiser Grover Cook and Councilmember Matthews seconded the motion The motion passed unanimously.
CONSIDER BID 97 -16, MISCELLANEOUS PIPE TO ACT PIPE & SUPPLY ,
IN THE AMOUNT OF $156,575.50
Mr. Schindler stated this purchase of miscellaneous pipe and accessories is for TDCJ 12" water extension to their headquarters.
Staff is recommending acceptance of the low bid of $156,575.50 to ACT Pipe & Supply. The materials will be placed in warehouse
inventory and charged out to the job as materials are used, with reimbursement by TDCJ.
Councilmember James made a motion to approve Bid 97 -16 miscellaneous pipe to ACT Pine & Supply in the amount of
$156.575.50 adding this item to the Citv budget and to be reimbursed_ by TDCJ. and Councilmember Matthews seconded the motion.
The motion passed unanimous
CITY COUNCILMENIBER ACTION
1. Consider amendment to the EMS interlocal agreement to provide for utilities for the substation, as presented by Councilmember
Rex.
Councilmember Rex made a motion to annrove an amendment to the EMS interlocal agreement_to oav to the aaencv S283.13 for
water /sewer /garbage service for the substation for the balance of the FY 1996 -97 fiscal vent, and Councilmember James seconded the
motion. The motion nassed unammousl
Letters relating to Deregulation of Utility Service. Councilmember Luning stated that the coalition of cities had sent a fax
requesting that letters be sent to the Governor and Lt. Governor relaying concerns over deregulation and effect on the ratepayers
and franchise tax, etc. The Governor's bill seems contrary to what our consultants with the coalition feel is appropriate for the
ratepayers in the Entergy service area. Councilmember Luning stated that he personally sent a letter to the Governor on this issue.
He recommended that a letter from the Mayor representing City Council be forwarded to the Governor and Lt. Governor stating
the City's concerns. Consensus of Council was that the Mayor forward a letter of this nature.
Thanks to Staff. Councilmember James thanked Patricia Allen, Boyd Wilder, and staff for their help in the presentation made by Mayor
Green, Councilmembers James and Howard, and Gene Pipes to the Elkins Lake Homeowners. Councilmember Howard stated that the
Mayor did a great job in educating the homeowners.
Scenic Overlay District Councilmember James stated that she would like staff to look into the possibility of a scenic overlay district
to protect the interstate corridors. Mayor Green stated that he felt this issue would need a consensus of Council before direction of
CITY COUNCIL MEETING OF MAY 13, 1997 BOOK "S" 91
staff. He suggested that this he looked at during the discussion of the Parks Master Plan.
Rubber Ducky's Demonstration. Councilmember Matthews stated that she did not appreciate Mr. DeLaGaaa, the owner of Rubber
Ducky's, showing items from his SOB and passing them around Council in a circus atmosphere. Councilmember Rex agreed.
None.
MEDIA INQUIRIES
ADJOURNMENT
Recess into EXECUTIVE SESSION [7:12 p.m.] to discuss:
a) pending litigation: McDonald Creek, Sam Houston Inn, and Attorney General ,Opinion; and %
b) ]and acquisition: Pierson property on Avenue M.
c
Dann t Welter, City Secretary