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MIN CC 12/15/1992CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK "R" 143 (! MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 151H DAY OF DECEMBER, 1992 IN THE CITY HALL CONFERENCE ROOM, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in a regular session with the following members present: W. H. Hodges, Mayor Officers: Dan S. Davis William H. Knots, Jr. Gene Pipes, City Manager Ronald L Lange Gary Bell Scott Bounds, City Attorney William B. Green James L Cuter Danna Welter, City Secretary Charles Robinson Ila G. Gaines CITIZEN INPUTANQUIRY Kenneth Langley. Mr. Langley stated that he was a disabled veteran and wanted to voice his dismay on the lack of interest of the City government to police the handicap puking areas in Huntsville. He stated that the police department claims lack of manpower, but he has seen patrol units in parking areas for over 30 minutes talking and that several police officers violate the handicap parking at the Jif- E-Mart across from the Police Station. Mr. Langley feels there me many businesses in town that do not comply with the handicap parking requirements. Mayor Hodges stated that the City would work on the personnel problems within the City. Many businesses are complying with the Americans with Disabilities Act and that there is handicap parking available at his business. Jimmy D. Long. Mr. Long stated that he is the president of the Audubon Society. He said that the information published on the solid waste feasibility study suggests only steps to be taken at the end of the waste stream, none at the beginning. Mr. Long passed out an article written by Dan Jones, a member of the Audubon Society. The public is led to believe that no ' consideration is being taken for recycling by the homeowners, but he feels the citizens of Huntsville would like to help in the separating of recyclable goods. He stated that recyclable goods separated at the beginning of the waste stream are more usable (i.e. glass, newspaper, etc.), and that it appears hazardous material will not be separated (used oil). He stated that by September 1, 1993, there is a bill that requires the use of recyclable materials and if recyclable goods are not separated, the market will not be strong enough to handle the need. Mayor Hodges thanked Mr. Long for his concern and commented that all of Council shared his concern. He stated that in the agenda a co -op plan with Tri -County M.H.M.R. for newspaper and aluminum can recycling will be considered. At the present time, the City landfill does have a used oil collection program. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. Invocation by Reverend Bruce Whitmore, St. Stephens Episcopal Church, Reverend Whitmore expressed his gratitude to the City for its helpfulness in their building transition. CONSIDER THE AMENDED MINUTES OF NOVEMBER 10, 1992, AND THE MINUTES OF NOVEMBER 23, 1992 Councilmember Gaines made the motion to approve the amended minutes on November 10, 1992, and the minutes of November 23, 1992, and Councilmember Knotts seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER RESOLUTION 92.12.15.1 AUTHORIZING THE ORIGINATION OF HOME MORTGAGES WITHIN THE CITY BY SOUTHEAST TEXAS HOUSING FINANCE CORPORATION Mr. Bounds stated that the City had received a letter from the Southeast Texas Housing Finance Corporation with regard to issuance of private activity bonds which are for low income mortgage financing. SETH is a state - enabled, non - profit housing finance corporation sponsored by 21 counties and cities in the Houston - Galveston regional planning area. Mr. Huebel from the corporation and Mr. Brian Woodward, the Walker County Housing Authority liaison, were present to answer questions. ' Mayor Hodges stated that he feels it would be an advantage to our community to have this additional mortgage money available, which would lower the interest rate to homeowners. Councilmember Bell made the motion to approve Resolution 92 -12 -15.1 authorizing the origination of home mortgages within the City by Southeast Texas Housing Finance Corporation, and Councilmember Gaines seconded the motion Councilmember Carter asked what communities have this available and how it has worked. Mr. Huebel stated that Walker County has participated since 1982. SETH is coming to Council now because new regulations that require any city over CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK "R" '144 !, 20,000 to approve the resolution. $20 million dollars have financed five multi - family projects in Huntsville. SETH funded approximately 50 mortgages in Walker County with single family homes. The average price of the single family homes is$40,000 -�I , $50,000. (low to moderate income families) Three multi - family units financed in Huntsville were Rolling Brook Apartments, Paper Moon Apartments, Brazos Apartments. Twenty percent of the residents in the multi - family projects are required to be low income. In most cases well beyond 50°% of the residents me low income. A vote was taken, all were in favor and the motion passed unanimously. CONSIDER A POLICY REGARDING CONSTRUCTION, REPAIR, OR RECONSTRUCTION OF SIDE%VALKS AND RECONSIDER THE 20TH STREET' AND AVENUE M SIDEWALK DECISION OF NOVEMBER 10, 1992 Mr. Pipes stated that he is submitting for Council's consideration, a policy approach to the problem of sidewalks. Instead of working on a case by case basis, Council might consider handling these requests on a policy basis. Councilmember Green stated that he like the idea of a policy instead of considering individual cases, but asked what' how this would affect the current issue of 20th Street and Avenue M. Mr. Pipes stated that at this point, Council can undo what has previously done, reaffirm the previous decision, make that issue a grandfather to this policy, or do whatever Council wishes to do. Mr. Wilder stated that the water line construction on Avenue M is complete at this time. Mr. Pipes stated that crews were able to bore this area and the trees were not removed for the water line. Councilmember Carter made a motion to rescind the action to cut the eleven trees and replace the sidewalk on 20th '. Street and Avenue M, and Councilmember Davis seconded the motion. Councilmember Lange asked if City Council rescinds the action and adopts the sidewalk policy, is the City in compliance with the Americans with Disabilities Act. Mr. Pipes stated that yes, the City is not required to install ramps under the ADA if no repairs are made to the sidewalk. All future sidewalks will be designed to meet the Americans with Disabilities Act guidelines. Councilmember Knotts stated that he does not want to rescind the decision because it is more symbolic than it is substance. IIe stated that he has seen the damage done to the streets by trees in the right -of -ways over the 50 years he has lived ' in Huntsville. The $3900 spent to clear this up and alleviate this problem is a lot less than it will eventually cost to repair the street. Eleven trees are growing in a four foot wide and sixty foot long space. The trees are a detriment and are there solely by neglect; they were not there when the sidewalk was built. Councilmember Knolls stated that no consideration is being given to the property owner and her request to have the trees cut, and that she would probably be willing to plant some trees on her property, or permit the City to plant trees. He felt City Council needed to think about the future of the city and get the street right -of -ways cleaned up. Councilmember Gaines asked if this motion is approved and a new policy is approved, what will be done about the 20th Street and Avenue M sidewalk. Mayor Hodges stated that the new policy would apply at that point. Councilmember Knotts stated that probably 95 -99% of the letters to the Item against the cutting of the 11 trees were George Russell's employees. Councilmember Lange stated that if this community is controlled by one small political group, then the community should stand up and speak. Councilmember Carter stated that the ADA has no meaning in the construction of this particular sidewalk. IIe is for building hudicap ramps in high traffic areas. He feels there are other areas more in need of handicap ramps. IIe stated that if a handicap ramp was put at this corner, there would need to be handicap ramps put on the other corner so the disabled person would have somewhere to go other than into the street, and so on and so on. The handicap issue does not make any sense on this section of sidewalk. Councilmember Gaines stated that the Americans with Disabilities Act states that public improvements be accessible ` to the physically impaired. Councilmember Carter stated that he has indirect information that the Engineering Department is designing some sidewalks without handicap access. Mr. Pipes stated he would follow up on this and report to Council. Councilmember Carter stated that not all of the letters to the Item were written by George Russell's employees, but most of his employees live in that part of town. Several of the residents around 20th Street and Avenue M have voiced their opposition to cutting the trees. lie wants Huntsville to have an aesthetic beauty and is thinking about the future of our city. , Councilmember Green stated that he will vote to rescind the motion because he is not sure that the City should bear the full cost for the tree removal and reconstruction of the sidewalk. There is a retaining wall that could be damaged if the motion is not rescinded. He feels that the Council should adopt a policy and see how the policy applies to this particular issue and also to future sidewalk requests. CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK 'R" 145 Mayor Hodges stated that reconstruction of sidewalk costs come out of the General Fund. Three months into the '! budget year, $20,000 of the $75,000 in the reserve for future allocation has been spent. Councilmember Bell urged Council to rescind to the motion, and adopt a sidewalk policy. He feels a compromise can be reached on 20th Street sidewalk issue. He stated that the City should undertake a study to find out how other towns which have trees and sidewalks together deal with the problem. A vote was taken and Councilmembers Carter Davis Robinson Green Bell Ian a Gaines and Mayor Hodges voted �I for, and Councilmember Knotts voted against. The motion passed 8 -1. Councilmember Gaines made the motion to adopt the Sidewalk Policy resented and Councilmember Davis seconded the motion. Councilmember Bell stated that he objected to a policy for construction or reconstruction of sidewalks to be dependent on the property owner paying 50%a of the costs. He feels sidewalks are a City responsibility, and there will be few sidewalks built .i or renovated if the property owners are required to pay for half of the costs. He would like to see the 50% option eliminated. Mr. Pipes stated that any sidewalks damaged during capital improvements by City crews would be repaired at full City cost. Councilmember Lange stated that there is a small portion of residents in the City that have the luxury of having a sidewalk in front of their home. Councilmember Bell stated that there is a lack of bike lanes and lack of sidewalks and would �I 'i not like to adopt a policy that discourages sidewalk construction in the future. In that past few years, the City has improved on its sidewalk construction and he would not like to see the City change courses. There are many children walking the streets and �I more sidewalks should be built to eliminate this problem. Mayor Hodges stated that this policy is not for new construction, but on sidewalk rehabilitation. Councilmember Davis noted that the City has always had a 50 -50 participation for new construction of sidewalks. Councilmember Bell stated that the City has built new sidewalks in the past several years and funded the complete project. Mr. Pipes stated that these project were all on arterial streets and the policy does not include arterial streets, but ' neighborhood areas. Councilmember Carter stated that he is not in favor of this policy because it states that the City Engineer along with '..� the City arborist to make the decisions about what will be done about trees. Councilmember Davis stated that it also states "with Council approval". Councilmember Robinson asked about the 50 -50 participation. He felt may residents will not be able to pay 50% of the costs. Councilmember Bell stated that many areas around the elementary schools need additional sidewalks and feels the 50% option for the residents should be left out of the policy. A vote was taken and Councilmembers Carter, Davis, Green, Lange, Gaines, and Mayor Hodges voted for and Councilmembers Robinson, Bell and Knotts voted against. The motion passed 6 -3. i - CONSIDER UTILITY RATES CHARGED OUTSIDE THE CITY LIMITS Councilmember Bell stated that he was surprised to learn that the City picks up garbage outside of the City limits and charges a premium for that service, but a premium is not charged for delivering water outside the City. He feels the City should charge an additional premium to all water customers outside the City limits, with the exception of Elkins Lake due to the special circumstances. He stated that he would like to do this for the specific reason that during the years he has been on Council, every time Council has proposed annexation Council was besieged by angry citizens stated that they did not want to pay City taxes and opposed annexation. He states that if these citizens are determined not to pay City taxes, then when the are provided City III services, should be charged more than the identical City residents that are also receiving those services and paying City taxes. Councilmember Bell made the motion to increase water charges to non -city residents, with the exception of Elkins Lake, by a factor of 25 %, and Councilmember Knotts seconded the motion. Councilmember Knotts stated that the rate that the City charges for water is for the cost of delivery of the water and the debt service at the current time. The new customers coming in are getting an advantage to what previous customers had to ' pay for, bonded indebtedness. etc. Those costs are not figured into the operation and maintenance costs to deliver water today. Councilmember Gaines asked how many water customers the City has, and Ms. Allen responded 5700. Ms. Gaines j stated that this will only affect 272 customers. Councilmember Gaines asked if this was being proposed for the revenue or the II psychological effect. !i CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK "R" 146 Councilmember Bell stated that it was for both of those reasons. The revenue would be modest, but it would he a psychological incentive to join the City. He is fascinated with the unwillingness to join the City, yet live on peripheral of the City'. and in most cases use all City services without paying City taxes. Councilmember Davis asked if the City had an obligation to post notice of an increase to rates or give them the !I opportunity to come before Council. Mr. Pipes stated that an ordinance would have to be approved by the City Council at a II. subsequent meeting and it would require a public hearing. Mayor Hodges stated that he was going to vote against the motion because he did not feel this is the proper way to "get even ". A vote was taken and Councilmembers Carter, Davis, Robinson Bell Knotts and Lange voted for, and Councilmembers Green Gaines and Mayor Hodges voted against. ne motion passed 6 -3. CONSIDER AUTHORIZATION TO RETAIN BOND COUNSEL SERVICES FOR THE PROPOSED LIBRARY /CULTURAL CENTER PROJECT Councilmember Gaines stated that plans were progressing with the proposed Library/Cultural Center Project. Council - approval is requested to take requests for proposals for financial and legal services related to the issues of general obligation bonds for the purpose of the Library/Cultural Center. If approved, Councilmember Gaines requests that Councilmember Green be lily added to the committee to look at the requests for proposals as a member of the Finance Committee. Councilmember Gaines made the motion to authorize obtaining request for proposals for Bond Counsel services for the proposed Library/Cultural Center project, and Councilmember Lange seconded the motion. Councilmember Carter asked the cost and Councilmember Lange stated that there would be no cost for the request for proposals. A vote was taken. All were in favor and the motion passed unanimously. CONSIDER A PROPOSED SCHEDULE BY T.R.A. TO PROVIDE REVENUE BOND FINANCING ' FOR THE N. B. DAVIDSON SEWER PLANT Councilmember Green stated that the Finance Committee would ask the City Attorney to prepare a resolution asking the T.R.A. board for consideration on issuing T.R.A. bonds on the City's behalf. Sometime in late January or early February, a resolution will be presented to initiate this process. . CONSIDER DRAFT LEGISLATION PROPOSED BY ELKINS LAKE MUNICIPAL UTILITY DISTRICT Mayor Hodges stated that at a previous meeting, the Elkins Lake Municipal Utility District Board came before Council !. requesting that the City not oppose their request to transfer funds from the MUD to the RUD. A letter has been composed stating that the City will not oppose the request to transfer funds. The letter also states that the City is concerned about the infiltration problem in Elkins Lake. Councilmember Bell made the motion to approve sending the letter to Elkins Lake Municipal Utility District Board of Directors stating that the City will not oppose their request to transfer funds from the MUD to the RUD, and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A SERIES OF ARTS CONTRACTS FOR FY 1992 -93 Mr. Schindler, Director of General Services, stated that there is a list of arts contracts to be approved for FY 1992 -93, but the contract with Monica Taylor for an Indian Sculpture will be removed pending final edits. These projects are all recommended by the Arts Commission and have been approved in the preliminary budget. Councilmember Green made the motion to approve the Arts Contract for FY 1992 -93, with the exception of the Monica Taylor, Indian Sculpture, and Councilmember Gaines seconded the motion. Councilmember Carter asked why the Monica Taylor contract was not being considered and Mr. Schindler stated that there are some questions in the contract that need final concurrence with the County. A vote was taken and the motion passed unanimously. ' CONSIDER THE TAX COLLECTION SUMMARY REPORT - MONTII ENDING NOVEMBER 30, 1992 Ms. Allen stated that collections through November 30, 1992, $270,315, 19.19% of the levy. At this time last year the City had collected 14.4% of the levy. Delinquent tax collections year to date are $13,724, 8.4% of the total outstanding levy, CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK 'R" 147 j compared to 4.93% of the levy collected at this time last year. The appraisal district has certified the adjustment to the tax roll, $278.45 credits to the current roll and $850 debits to the delinquent roll. Approval is requested for approval of adjustments to 1 the tax roll. Councilmember Green made the motion to approve the adjustments to the tax roll as certified by the Walker County Appraisal District. and Councilmember Carter seconded the motion All were in favor and the motion passed unanimously. CONSIDER A CONCEPT PLAN FOR COOP RECYCLING WITH TRI- COUNTY M.H.M.R. FOR NEWSPAPER AND ALUMINUM CANS Mr. Wilder stated that approval from City Council is requested to allow the City Manager to enter into an agreement with Tri -County M.H.M.R. to assist the City in providing a drop off service for recyclable newspapers and aluminum cans. This was originally discuss with the Champion Paper Company. The City will provide a 4 yard dumpster for the storage of aluminum cans and Champion International is to provide the enclosed storage container for the newspapers. The City will provide the ! property for the drop -off at the City owned puking lot at 13th Street and Avenue M. The association manning the site will receive the revenue from the sale of the aluminum cans and newspaper. Councilmember Lange asked about the composting proposal and if this would affect the "mix" that is needed for composting. Mr. Wilder stated that staff does not think it will affect the mixture - Councilmember Carter stated that he does not want the City to enter into a contract for composting if it has to guarantee a certain amount of waste stream. He would encourage recycling of goods at the beginning of the waste stream as stated in the citizen input session by Dr. Long. Councilmember Davis made the motion to allow the City Manager to enter into an agreement with Tri-County M.H.M.R for a concept plan for co -op recycling of newspapers and aluminum cans and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A REQUEST TO USE THE MARTIN LUTHER KING NEIGHBORHOOD CENTER FOR ILLS.D. STUDENT AWARDS /RECOGNITION BANQUET ON SATURDAY, FEBRUARY 17, 1993 Mr. Wilder stated that a request from Helen King, Coordinator of Community and Parent Fducation from Huntsville f. Independent School District, to use the Martin Luther King Center for a student award recognition banquet on Saturday, February 17, 1993, without fee. City Council has allowed this group to use this facility for their program. Councilmember Gaines made the motion to approve the request to use the Martin Luther King Neighborhood Center for H I S D Student Awards/Recognition Banquet on Saturday February 17 1993 without fee and Councilmember Robinson seconded the motion All were in favor and the motion passed unanimously. CONSIDER TIIE SLAB REIiABILITATION PROJECT FOR EMANCIPATION PARK Mr. Wilder stated that during the budget, Council approved $28,000 for the slab rehabilitation project for Emancipation Park. In October, a meeting was held and reservations were expressed on what Council should do with the $28,000. Staff is waiting for further instruction from Council. Councilmember Robinson stated that lie had misgivings because the City Manager had suggested that the project could be re -bid to see if there was a discrepancy in the costs. Council instructed the City Manager to re -bid the project. CONSIDER A REQUEST BY WALKER COUNTY TO TEMPORARILY CLOSE PARKING SPACES ON THE EAST SIDE OF THE COURTHOUSE FOR CONSTRUCTION /RENOVATION WORK Mr. Pipes stated that the City has received a request from Walker County to close the parking spaces on the east side of the square for renovation work at the Courthouse. A construction trailer, dumpster, etc. will be parked on the east side of the square during the renovation project. The consensus of Council was for the City Manager to approve the request by Walker County for the temporary closing ' of parking spaces on the east side of the Courthouse. CONSIDER RESOLUTION 92 -12 -15.2 CONSENTING TO THE CREATION OF A PROPOSED RURAL FIRE PREVENTION DISTRICT WITHIN THE EXTRA - TERRITORIAL JURISDICTION OF THE CITY Mr. Bounds stated that a preliminary draft from Frank Blazes for the creation of a rural fire prevention district within Walker County is being presented. There is an area within our E.TJ. to be put in the rural fire prevention district. In discussing CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK "R" - - 148- ._ the matter, a rural fire prevention district has the authority to tax property up to $.03 per $100 valuation for fire prevention purposes. Councilmember Green made the motion to have the City Attorney prepare a resolution opposing inclusion of the City's ETC in the rural fire prevention district. and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Consider a memorandum to certain City Advisory Boards and Commissions, as well as, external entities referring various elements of the "2020 Cultural Plan" for further evaluation prior to inclusion in a revised Comprehensive Plan in 1993. Mayor Hodges stated that Council agreed to take the 2020 Cultural Plan and present it to the various boards and 'i commissions in the City and those outside the City. A memorandum has been prepared listing each board or entity and the item to be reviewed. Recommendations are requested by April 1, 1993. 2. Consider memberships - affiliation with the Texas Water Partnership in the amount of $2,000 to be paid from the utilities fund reserve for future allocation which has a balance of $55,893. Mr. Pipes stated that a membership with the Texas Water Partnership will benefit the City of Huntsville. This organization is recognized by the Texas Municipal League. Councilmember Davis made the motion to approve the membership - affiliation with the Texas Water Partnership in the amount of $2,000 to be paid from the utilities fund reserve for future allocation and Councilmember Green seconded the motion Councilmember Cuter stated that he feels the Texas Municipal League philosophically is committed to economics and not to the environment. He opposes a membership with the Texas Water Partnership. A vote was taken and Councilmembers Davis,. Robinson, Green, Bell, Knotts, Lance, Gaines, and Mavor Hodges voted for the motion. and Councilmember Carter voted against. The motion passed 8-1 Mayor Hodges wished members of Council and Staff a Merry Christmas and a prosperous New Year. CITY COONCILMEMBER ACTION Wal -Mart Plans. Councilmember Carter stated that he was not pleased with the plans on the new Wal -Mart Development project. The plans indicate that 40 very large oak trees will be removed from the site. The plans show a 35% greenspace because they -. are going to save 6 Inge oak trees; without the credits for the oak trees, there would be a 22% greenspace. In some of the mess that are now designated as greenspace, they have an overlay that shows parking. Councilmember Carter does not feel that the -, pear trees, crepe myrtles, etc. that are planned can possibly replace the large oak trees that are going to be removed. 7th Street Project. Councilmember Carter stated that he has walked the site and the vegetation in the drainage area has been removed. He has been advised by City staff that a permit is needed only if substantial earth work is done or change the drainage pattern. Councilmember Carter feels that these two things have occurred. He would like for City Council to consider this problem in the future. Landfill. Councilmember Carter stated that the City should calculate a true recycling goal of about 15 -20 %, so that this amount is not figured into the composting process. Mayor Hodges stated that the City has the option at any time to recycle. Councilmember Davis stated that he was pleased that the City was going to retain a high degree of flexibility in solid waste management. Wal -Mart Project, Councilmember Davis stated that businesses likes to plan in a rational environment, know mid comply with the rules. He stated that the new project should be welcomed as a valuable addition to the local economy. Councilmember Knotts stated that he was glad Wal -Mart was a member of our community and contributes a large amount of sales tax. Merry Christmas and Happy New Year. Councilmember Robinson wished everyone a prosperous New Year and happy holidays. Councilmember Green wished everyone a Merry Christmas and a Happy New Year. Councilmember Bell wished everyone the '.- best of the season. Councilmember Lange wished everyone a Merry Christmas. J CITY COUNCIL MEETING OF DECEMBER 15, 1992 BOOK "R" 149 Thank You, Councilmember Green thanked Mr. Schindler for his assistance with the Huntsville Leadership Project in representing the City. i Management Study. Councilmember Bell asked if the Management Study was going to be discussed further. Mayor Hodges stated that staff refers to the study continuously and small changes are ongoing; major changes were put into motion on October 1. �I . Councilmember Bell asked if Council was going to discuss the questions that Councilmember Cuter has raised. Mayor Hodges stated that a work session can be scheduled to discuss the Management Study. HGAC Meeting. Councilmember Gaines stated that HGAC is as frustrated as the City about the solid waste problem. MEDIA INQUIRIES Wayne Sorge wished Council a Merry Christmas. ADJOURNMENT Recess into Executive Session [7:12 p.m. - 7:30 p.m.] Danna Wetter, City Secretary I