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MIN CC 10/27/1992CITY COUNCIL MEETING OF OCTOBER 27, 1992 BOOK "R" 124. j MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 27TH DAY OF OCTOBER, 1992 IN THE CITY HALL CONFERENCE ROOM, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVIL.LE, COUNTY OF ' WALKER, TEXAS AT 5:00 P.M. The Council met in a called session with the following members present: W. H. Hodges, Mayor Officers: Dan S. Davis William H. Knolls, Jr. Gene Pipes, City Manager Ronald L Lange Gary Bell Scott Bounds, City Attorney William B. Green James L. Carter Donna Welter, City Secretary •i Charles Robinson Ila G. Gaines REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order and recessed into Executive Session. RECONVENE REGULAR SESSION Invocation by Councilmember Gaines. SPECIAL GUESTS Gene Pipes stated four employees in the Sanitation Division competed in Beaumont in a truck driving competition on October 24. Walter Johnson won tat place in the front loader container truck division and will go to National competition at a later date. Wayne Irving won 3rd place in the roll -off container truck division, Kenneth Hall won 4th place in the rear loader truck division and Roger Short won 6th place in the rear loader truck division. , CITIZEN INPUTANQUIRY J. D. Davis Chairman of the Bond of the Chamber of Commerce Mr. Davis stated that quality development is of the utmost importance to the local Chamber. Visitors comment continuously on the beauty of our community, many times using the words attractive and green. The Chamber feels the current 10% greenspace requirement is acceptable and if increased to 25% may be too restrictive. Mr. Davis stated that 10% is only a minimum and many of our businesses have over that amount including the Sam Houston Bank Tower at 18 %, Lufkin Federal Savings and Loan at 34 %, and West Hill Mall at 18 %. Councilmember Bell asked Mr. Davis if the feeling expressed the view of the Chamber. Mr. Davis stated that it was n the view of the Executive Board of the Chamber. Ben Bins. Mr. Bins stated that he is a real estate broker, developer and builder. Mr. Bias stated he felt the 10% greenspace requirement is a reasonable approach to development in Huntsville and the 25% requirement could be a detriment to business. He stated that a 25% greenspace requirement would cause a loss in real estate values and thereby an erosion of the tax base. CONSIDER MINUTES OF OCTOBER 20, 1992 Councilmember Gaines made a motion to approve the minutes of October 20 1992 and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZEN Ms. Betty Tims - 1316 20th Street to discuss tree removal adjacent to her Property on Avenue M. Councilmember Knotts stated that Ms. Tims could not attend the meeting, but after further review he recommends that the City build the sidewalk on her property. Councilmember Knotts made motion to build the sidewalk on Ms. Tims Avenue M moreriv and Councilmember Lange seconded the motion CITY COUNCIL MEETING OF OCTOBER 27; 1992 BOOK "R" 125 Councilmember Davis asked about the removal of the trees on the property. Councilmember Knolls stated that the tree removal request should be left up to the discretion of City staff. Councilmember Lange stated that the sidewalk as it is now is dangerous. Councilmember Bell asked Mr. Pipes what he proposed to do about the trees. Mr. Pipes stated that the City arborist had been contacted and made a recommendation that three or four of the damaged trees be removed, and lines out three different alternatives to removal of trees and replacement of the sidewalk. Mr. Pipes stated that the bids would be brought back to Council for approval. A vote was taken and the motion passed 8 -L Councilmember Carter voted no. CONSIDER ORDINANCE 92- 10.27.1 ADOPTING A REDISTRICTING PLAN FOR SINGLE MEMBER DISTRICT WARD LINES Scott Bounds stated that this ordinance follows the redistricting plan that was outlined and agreed upon in November of 1991 and that the County adopted earlier this year. This plan equalizes the population in the wards and sets six voting boxes. Councilmember Green made the motion to approve Ordinance 92 -10 -271 Adopting a Redistricting Plan for Single Member Ward Lines and Councilmember Davis seconded the motion A vote was taken and the motion passed unanimously. CONSIDER ORDINANCE 92 -10 -27.2 ORDERING A MUNICIPAL ELECTION ON JANUARY 16, 1993 Mr. Bounds stated that the filing period for the January election begins on November 2. The City is currently working on agreement with the Hospital District to hold a joint election sharing the expenses of the election. Councilmember Knotts made the motion to approve Ordinance 92 -10 -27.2 Ordering a Municipal Election on January 16 1993, and Councilmember Gaines seconded the motion. Councilmember Carter stated that he still hoped to change our election date from January to April. A vote was taken and the motion passed unanimously. CONSIDER ORDINANCE 92- 10.273 AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR PROPERTY ON 7TH STREET AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IF THE OFFER IS REFUSED Mr. Bounds stated that City Council had previously made an offer of $73,800.00 for property that F.D.LC. owns on 7th Street. F.D.LC. is involved in litigation with other lienholders and have been unable to complete the transaction and have returned to the City the earnest money and indicate that they would like to continue to give the City the first option to purchase the property. Mr. Bounds suggests that City Council file formal condemnation proceedings on the property if the offer is refused to ensure that the City is involved in the transaction. Councilmember Green made to motion to approve Ordinance 92 -10 -27.3 Authorizing the City Attorney to make an offer for Property on 7th Street and Directing the City Attorney to institute Condemnation Proceedings if the Offer is Refused, and Councilmember Gaines seconded the motion. ! Councilmember Knotts requested that the wording pertaining to land use in the ordinance be more generic. The wording "civic center, library, theater and drainage projects" were amended to state "public uses." i After accepting Councilmember Knotts' amendment a vote was taken and the motion passed unanimously. CONSIDER APPROVAL OF THE FY 1992 -93 TAX ROLL WITH THE TAX LEVY AT $1,409,028.87 Patricia Allen stated that at previous meetings Council has adopted the tax rate and approved the certified tax roll. Approval is needed to apply the tax rate to the tax roll. Councilmember Green made to motion to approve the FY 1992 -93 Tax Roll with the Tax Levy at $1,409,028.87, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER APPROVAL OF THE TAX COLLECTION REPORT AND CERTIFICATION OF ADJUSTMENTS TO THE TAX ROLL FOR FY 1991.92 ' Ms. Allen stated that tax collections last year were $1,359,000, 95.44% of the tax roll; the prior year was 95.60%. Delinquent property tax collections were $73,640 compared to $72,000 for the prior year. The Appraisal District has certified these corrections to the appraisal roll. Councilmember Knotts made the motion to approve the tax collection report and certify the adjustments to the tax roll for FY 1991 -92, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF OCTOBER 27, 1992 BOOK "R" fp. ] CONSIDER ORDINANCE 92.10.27A AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE CODE OF ORDINANCES PROVIDING FOR STOP SIGNS AT ' ! SABRINA LANE AND VICKI LANE ON POWELL ROAD Councilmember Gaines made the motion to approve Ordinance 92 -10 -27.4 amending Chapter 12, Motor Vehicles and ''. Traffic of the Code of Ordinances providing for stop signs at Sabrina Lane and Vicki Lane on Powell Road and Councilmember Knows seconded the motion. All were in favor and the motion passed unanimously CONSIDER ORDINANCE 92.10.275 AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE CODE OF ORDINANCES BY ESTABLISHING VARIOUS NO PARKING ZONES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSIH LE, TEXAS, AMEND17VG CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE NORTH SIDE OF 19TH STREET BETWEEN SAM HOUSTON AVENUE AND AVENUE L 112, AND ON THE WEST SIDE OF AVENUE N BETWEEN 14TH AND ISTH STREETS, PROHIBITING PARKING ON PART OF SAM HOUSTON AVENUE NORTH OF IITH STREET, • REMOVING RESTRICTIONS ON 13TH STREET BETWEEN AVENUE M AND UNIVERSTIY,• PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS, MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO, AND PROVIDLVG FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Knolls made the motion to approve Ordinance 92 -10 -27.5 amending Chapter 12 Motor Vehicles and Traffic of the Code of Ordinances by establishing various no parking zones and Councilmember Bell seconded the motion All were in favor and the motion passed unanimously. CONSIDER RESOLUTION 92.10 -27.1 DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES Chief Eckhardt stated that each year a resolution is required designating the unmarked vehicles in the Police Department '- in order to receive license plates for the vehicles. Councilmember Bell made the motion to approve Resolution 92 -10 -27.1 designating certain City owned vehicles as unmarked vehicles. and Councilmember Robinson seconded the motion All were in favor and the motion passed unanimously. CONSIDER BIDS Project 92 -09 -04 - water and sewer lines to Palasom Construction in the amount of $309.949.18 to be paid from C.I.P. funds Mr. Pipes stated that this bid includes about 10 different project with water and sewer combined at different locations !' around the City. Councilmember Bell made the motion to approve the Project 92 -09 -04 - water and sewer lines to Palasota Construction in the amount of $309.948.18 to be paid from C.I.P. funds and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously. Bid #93 -2, 300 tons of grade 4 and 500 tons of grade 5 basalt trap rock to Vulcan Materials of San Antonio Texas in the amount of $21,960.00. Mr. Pipes stated that is an annual bid for chip rock for seal coat projects and would be funded out the C.I.P. Councilmember Gaines made the motion to approve Bid #93 -2 for 300 tons of grade 4 and 500 tons of grade 5 basalt trap rock to Vulcan Materials of San Antonio in the amount of $21,960.00, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimousl Bid #93 -3, trees, equipment, supplies and labor necessary to complete the Droner nlantina of specific trees within the Bush- Miller Park complex. Councilmember Bell made the motion to approve Bid #93 -3, trees, equipment, supplies and labor necessary to complete the Droner Plantine of trees within the Bush - Miller Park complex. and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimousl C'I'TY COUNCIL MEETING OF OCTOBER 27, 1992 BOOK 'R" 127 CONSIDER REPLACEMENTIREPAIR OPTIONS FOR A 1982 JOHN DEERE 510 BACKHOE ' Mr. Wilder stated that a 10 year old backhce in the Street Department is currently out of service. It was sent to Stewart and Stevenson for an assessment of damages to the machinery. To repair the backhce would cost $16,000. Stewart and Stevenson is charging $3,000 to put the backhce back together to remove from their shop. Staff is recommending replacement of the machine with a smaller backhce (due to the age of the machinery and cost of repairs) and spend the $3,000 to retrieve the damaged backhoe (for auction or trade -in) and finance the replacement with a certificate of obligation. .. Councilmember Knotts made the motion to replace the 1982 John Deere 510 Backhoe with a downsized model and finance the replacement with a certificate of obligation and spend the $3,000 to retrieve the 1982 machine, and Councilmember Lange seconded the motion All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION AND FUNDING OF UTILITY SERVICE TO CORPORATE HANGAR SITES Mr. Wilder stated that in the contract with Micro Engineering to build a hangar at the Airport, the City agreed to furnish utilities to the site (water and electricity). Water costs are $12,000 and electrical costs are $7,107.11, for a total of $19,107.11, funded from the utility construction reserve, C.I.P. budget. Mayor Hodges suggested funding the project from the reserve for future allocation. Councilmember Green made the motion to authorize and fund utility services to corporate hangar sites with funding from the reserve for future allocation and Councilmember Davis seconded the motion. All were in favor except Councilmember Cuter who voted no - the motion passed 8 -1. CONSIDER PROPOSED 12" WATER MAIN TIF IN TO BE COORDINATED WITH THE PLANNED WAI MART DEVELOPMENT PROJECT Mayor Hodges stated the 12" water main tie -in is separate from the planned Wal -Mart development project. Mr. Wilder stated that the extension is proposed to run parallel with the street extension on Commerce. This extension is to eliminate a bottle neck currently in the 12" loop system for the west part of the interstate. Staff is proposing constructing the line in conjunction with the street construction. The estimate is $35,050 with funding from the utility extension reserve from C.I.P. Mr. Wilder stated this would be a contracted project. The Mayor suggested funding be set when bids are brought back to Council. Councilmember Knotts made the motion for approval to bid the proposed 12" water main tie-in on the west side of IH- 45 and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RECOMMENDATIONS BY THE ARTS COMMISSION AND STAFF TO PRESERVE THE STANLEY LEA MURAL - 17TH STREET AT AVENUE M ON ROY ADAMS DORMITORY THAT IS SLATED FOR DEMOLITION BY SAM HOUSTON STATE UNIVERSITY Mayor Hodges stated that the mural was paid for by the Arts Commission approximately 10 years ago. The agreement with SHSU at the time was that the mural could stay on the building as long as the building was in place. The building is scheduled for demolition. J. D. Schindler stated that the Arts Commission has recommended that the wall be preserved, with Council to approve up to $500 to pay for a structural engineer to evaluate the support of the wall. Mayor Hodges stated that the Arts Commission does not have the funds to save the mural and would recommend that Council deny the request. Councilmember Carter made the motion to approve the $500 for a structural engineer to evaluate the wall, and Councilmember Davis seconded the motion Councilmembers Carter, Davis and Bell voted yes, and Councilmembers Robinson, Knotts. Gaines, Greet, Lange and Mayor Hodges voted no The motion failed 3 -6 CITY MANAGER'S REPORT Update on landfill recycling oroiect contract. Mr. Pipes stated that the salvage operator at the landfill has failed to pay the monthly fee for three months. The contract is in default. Mayor Hodges recommended cancelling the contract with the salvage operator due the contract being in default. Salvage material stacked at the landfill would belong to the City. Councilmember Bell requested this issue be tabled for two weeks. Councilmember Green suggested giving notice to intent to foreclose with the clause that if funds are not paid within 30 days the City would void the contract. Councilmember Knotts stated that the vote could be taken to cancel the contract and the contractor would have 30 days to become current. CITY COUNCIL MEETING OF OCTOBER 27, 1992 BOOK "R" 128 Councilmember Green made the motion to cancel the contract for landfill salvo in privileges and Councilmember Knolls seconded the motion. All were in favor and the motion passed unanimously ' Governmental Finance Officers Association Award Mr. Pipes stated that the award was received for our financial report for FY 1991 -92. MAYOR'S ACTIVITY REPORT Consider a contract for services with artist David Adickes. Mayor Hodges stated that David Adickes is constructing a 70 foot statute of Sam Houston to be placed in the City of -,- Huntsville. A $5,000 donation has been received by the City for this project. A contract of services between the City of Huntsville and David Adickes is needed. Contracts would be required for each City grant. Councilmember Green made the motion to approve the contract for services with artist David Adickes and Councilmember Davis seconded the motion. Councilmember Bell felt this motion should not be passed until more details relating to maintenance, site, etc. are decided. Councilmember Carter stated he would like to see what a 70 foot statute would look like, where it was to be located I'. and some of the other details before the contract is approved. Mr. Pipes stated that there are pictures of the scale model, but the location is not firm. Councilmember Lange stated that he was concerned about the need for money after the statute was in place. A vote was taken. Councilmembers Knotts Davis Green Gaines Lange. Robinson and Mayor Hodges voted for the motion and Councilmembers Bell and Carter voted no The motion passed 7 -2 Consider reappointments to the Planning and Zoning Commission reappointments to the Arts Commission Advisory Board; and ' appointment of an Arts Commission Commissioner. Mayor Hodges recommended the reappointments of Charles L. Smith and Ed H. Smith to the Planning and Zoning k Commission; Larry Graves, Carl Prier and Thomas Leeper to the Board of Adjustment - Zoning; and LuEllen Gibbs, Dan Phillips, Malissa Williams and Jim BaLnretti to the Arts Commission as Advisory Members. Councilmember Gaines made the motion to approve the recommendations to the Boards and Commissions and Councilmember Robinson seconded the motion All were in favor and the motion passed unanimously Discuss the requirements and duties of the City Secretary position and the procedures to fill the position permanently. Consider the requirements and duties of the City Secretary position and the procedures to fill the position permanently. Mayor Hodges recommended the appointment of Acting City Secretary Danna Welter as City Secretary. J Councilmember Green made the motion to approve the appointment of Danna Welter as City Secretary, and -' Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCILMEMBER ACTION Consider a request for vacation pap by former City Secretary Melba Byers Councilmember Bell stated that Ms. Byers had requested payment of unused vacation. He recommended Council not pay the vacation because 1) although the Charter officers are not bound to the guidelines of regular employees, the Personnel Policies clearly states that vacation time does not accrue until after one year of service; 2) Ms. Byers was out due to sickness frequently during her tenure; and 3) her short tenure. Councilmember Bell made the motion to deco the request for vacation nav by former Ciry Secremry Melba Bvers_ and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Item for next agenda Councilmember Bell requested that at the next meeting, a discussion on the disparity on rates charged for garbage at Elkins Lake and the rates charged for water at Westridge take place. CI'T'Y COUNCIL MEETING OF OCTOBER 27, 1992 BOOK "R" 129 Introduction of Guest Ms. Gaines introduced a new member to our community; Mr. Dave Brinson from Port Arthur, a former City Secretary and Councilmember. Traffic Locations Councilmember Green requested status on the following traffic locations: corner of 7th Street and Avenue F, F.M. 2521 and Highway 75 North; and Eastham and Highway 75 North. Mr. Pipes stated that the Department of Highways and Public Transportation was aware of these intersection and would check the status. Mr. Schindler stated that the Highway Department has been notified in writing about these dangerous intersections. New York Marathon Mayor Hodges informed Council that Councilmember Green would be running in the New York Marathon. Signage Requested Councilmember Robinson requested that "Children at Play" signs be placed on University Avenue and Avenue J, north of 7th Street. Guard Rail on 7th Street Councilmember Robinson requested a guard rail on 7th Street. Review and discuss Chapter 12 of the Development Code Landscape development requirements and consider Ordinance 92 -10- 276 increasing the minimum requirements from ten (10) to twenty-five (25) percent of the building, site. Councilmember Carter stated that one the principle ingredients in the Comprehensive Plan is that the City retain the ' small town characteristics (10 year plan). In the Cultural Plan, one of the immediate recommendations is to increase the landscape development requirements for new development to 25%. Although some businesses have exceeded the minimum, Councilmember Carter feels there are more who do not meet the minimum. He feels it is an aesthetics problem, we me destroying the rural < environment, the small town atmosphere of the community. Councilmember stated that he feels greenspace adds value to the property. Councilmember Carter requests Council to commit to a 25% greenspace requirement ordinance and work on adjustments that will need to be made. Tax abatements or other incentives could be given to developers who do more than the minimum. Councilmember Carter made the motion to approve Ordinance 92 -10 -27.6 increasing the minimum requirements from ten to twenty-five percent of the building site, and Councilmember Knotts seconded the motion. Councilmember Bell stated he did not feel the City had the right to take that property from the individual landowner and dedicate it to public use without compensating for that use. Councilmember Carter stated that "what you do on your property does affect your neighbor ", and the government of the community has the responsibility to protect your next door neighbor from detrimental effects of the use of your property. Mayor Hodges stated that his intention was to vote against the ordinance, that "more is not necessarily better ", quality can be more important than quantity. Councilmember Gaines stated that the City may need to have more requirements on what is on the 10% greenspace instead of increasing the amount. Councilmember Robinson stated that he felt the amount may need to be increased, but that 25% may be too high, Councilmember Knotts suggested that the developers encourage builders to leave more greenspace. Councilmember Carter withdrew the original motion and made the motion to table Ordinance 92 -10 -27.6, and Councilmember Bell seconded the motion Councilmembers Carter Bell Lange, Robinson Green and Knotts voted for the motion, and Mayor Hodges Councilmembers Gaines and Davis voted no. The motion passed 6 -3. ' MEDIA INQUIRIES None. ADJOURNMENT Donna Welter, City Secretary