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MIN CC 04/20/1993CITY COUNCIL MEETING OF APRIL 20, 1993 BOOK "R' 189 i MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF APRIL, 1993 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 Harold L. Norton Gene Pipes, City Manager Ronald L. Lange JoAnn Matthews Scott Bounds, City Attorney William B. Green Ila G. Gaines Danna Welter, City Secretary J Jim Carter Dave Luning i i CITIZEN INPUT /INQUIRY i Paul Richards. Mr. Richards stated that his organization has prepared a community newsletter (copy to each Couneilmember). !j He stated they would be able to help with the HEAP program this summer and other various community efforts. Mr. Richards Is requesting Council approval for a barbecue and basketball tournament to be held in Emancipation Park on May 8 by Reconciliation International to raise funds for the organization. Mayor Hodges stated that he felt that would be acceptable since this organization has benefited the community in sponsoring a clean -up in Emancipation Park and its involvement in community efforts. Consensus of Council is that it is "i appropriate for the organization to hold a benefit barbecue and basketball tournament. !' Ralph Pease. Mr. Pease stated that he was a representative of the Forest Hills subdivision. He wanted to make it clear that the citizens concerned about the development realize that legally Weisner has the right to develop the land. He stated that there is ?; also a block of land to the north of Eastham that is set aside for commercial development. This piece of property would not only j back up to the residences on north Elmwood, but would be located beside some residences on Elmwood. The residents are contacting the property to see if there is something that can be done about this situation. Mr. Pease stated that although the residents knew the property south of Eastham was dedicated commercial property, 1, they did not realize the business would back up to the residences on Elmwood. He has talked with Mr. Weisner and tried to arrange a meeting, but Mr. Weisner declined until all of the plans for the development were prepared. In answer to some ,. questions, Mr. Weisner indicated that the cutting of trees was imminent; the lighting would not be a problem because he would use short light poles; a pager system was planned; most test drives would be on the feeder road; and he purchased an extra half acre to comply with the City's buffer zone requirement. At a meeting of the Forest Hills Committee, three votes were taken: 1) Ask if the car dealer would be willing to sell any or part of the land - the vote failed by two votes; 2) be more aggressive in the campaign with the car dealer - passed; and 3) name the committee - Forest Hills Action Committee. Dr. Lukeszewski met with Mr. Weisner's son and several comments made by Mr. Weisner were interesting - -- 1) the dealership would be using a P.A. system with the speakers directed toward the feeder road, and 2) no physical changes would be made to the property for 30 -45 days, and 3) did the group want to purchase the property. The following Friday a contractor began cutting the trees. Mr. Pease contacted Mr. Weisner and asked if he would hold off for seven days to see if he could find a developer or homeowners who could buy all or part of the land. Three families on Elmwood had expressed an interest in purchasing a strip of land behind their homes. His agent contacted Mr. Pease later and stated they would stop the cutting of the trees for seven days if a forfeitable bond of $100,000 was deposited in a Conroe bank, and deliver in seven days an earnest money contract for the land at $450,000. Mr. Pease thanked the City for beginning in 1989 establishing a buffer zone requirement between homes and businesses, but would like the City to adopt a wider and thicker buffer zone requirement for future developments. The Forest Hills Action Committee would request that the City Council look very carefully at the review of buffer zone and greenspace requirements being looked at by the Planing Commission. Mark Grandidge. Mr. Grandidge stated that he is a local lawyer representing Tina Milton. He asked for Council's participation on the drainage problem on Ms. Milton's property. Mayor Hodges stated that this item would be discussed in the formal session. CTFY COUNCIL MEETING OF APRIL 20, 1993 BOOR "R" 190 REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. Invocation by Councilmember Matthews. REVIEW OF LIBRARY /CULTURAL CENTER PROJECT BY PGAL ' Jeff Gerber with PGAL stated that on the walls of the Council Chambers are the original cards with requests regarding '.' the Cultural Center facility that were prepared at the public meetings held in the two day sessions last year. These requests were reviewed and from that the building sketches were done, a design was made, and the model was built. Mr. Gerber stated that the construction market is excellent now, and this is a good time to have a project out on the street. Pricing is very competitive and the bond market is excellent. Mayor Hodges stated that 30 -40 citizens were at City Hall earlier for a presentation by Mr. Gerber. CONSIDER ORDINANCE 93- 04.20.1 CALLING FOR A REFERENDUM ELECTION ON JUNE 26, 1993 FOR CONSIDERATION OF $3.7 MILLION IN GENERAL OBLIGATION BONDS TO CONSTRUCT A LIBRARY /CULTURAL CENTER FACILITY After much hard work over the past three years by both Council and citizens of the community, Councilmember Gaines stated that she felt the time was right for the calling of the election. Councilmember Gaines made the motion to approve Ordinance No. 93 -04 -20.1 calling for a referendum election on June 26 1993 for consideration of $3.7 million in general obli ation bonds to construct a Libra /Cultural Center Facility, and Councilmember Lange seconded the motion. Councilmember Carter stated he would vote for the referendum because he felt it should be up to the community if the project is to be built, but Ile would oppose the campaign for several reasons. He stated that even though the construction and `. bond markets are good, it is still a cost to the citizens of Huntsville in the form of a tax increase. In his opinion, there are many '- other higher priorities in the City. He states that no details on annual operating costs are available. Mayor Hodges stated that there are numerous reasons to support the issue and he will vote for the referendum. Councilmember Matthews stated that she also supports the Cultural Center 100 %. A vote was taken. All were in favor and the motion passed unanimously. CONSIDER 10TH STREET (TINA MILTON) DRAINAGE IMPROVEMENT REQUEST Mr. Schindler stated that Ms. Milton had contacted him in the fall of last year about the flooding problem on her property. City crews had cleaned the ditch on the north side of 10th Street and opened a culvert that drains water under 10th Street. The cleaning of the culvert expedited the flow of water across the property. Ms. Milton is offering to give the City an easement to repair the drainage problem. Staff is concerned that this may be precedent setting, although each case is individually different. Ms. Milton's property is in a low lying area on 10th Street. There was a natural drainage through that area at one time. ` Mayor Hodges asked if it was in the best interest of the City to have a drainage easement across her property. Mr. Schindler stated that it was difficult for staff to respond. Mr. Pipes stated that it was a policy issue; if the City accepts the easement, the City is obligated to improve the drainage. Mayor Hodges asked staff to bring this item back to Council with cost estimates, and a map indicating what the repairs would do to the natural drainage, etc. Mr. Lange asked if this area could be videoed and shown to Council, mud Mayor Hodges stated that Councilmembers could also drive by and look at the location. Councilmember Green was concerted about the precedent of repairing drainage on private property. Councilmember Luning asked if the installation of the culvert changed the natural flow of the drainage. Staff responded that the culvert has been in that location for approximately 30 years. CONSIDER THE RECOMMENDATION OF TIIE FINANCE COMMITTEE OF COUNCIL CONCERNING TIIE FINANCING OPTIONS FOR A SOLID WASTE DISPOSAL TRANSFER STATION AND RELATED EQUIPMENT Councilmember Green stated that the Finance Committee met with Tim Merriweather of Masterson, Moreland & Sauer this afternoon to discuss financing possibilities to the debt issue associated with closing the landfill, equipment needed, etc. It was decided at the meeting that Mr. Merriweather should visit with various local financial institutions to see if there is a possibility of private placement of 1.3 million in bonds. CITY COUNCIL MEETING OF APRIL 20, 1993 BOOK TV 191 CONSIDER TAX COLLECTION SUMMARY REPORT AND ADJUSTMENTS "! TO THE TAX ROLL AS PREPARED BY GRO-kT:R COOK, CHIEF APPRAISER '.. Councilmember Matthews made the motion to approve the adjustments to the tax roll as prepared by Grover Cook ;j Chief Appraises and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. PRESENT QUARTERLY REPORT AND CONSIDER BUDGET ADJUSTMENTS Ms. Allen stated that with 50% of the year complete, the revenues are running ahead of schedule and the expenditures are below the 50 % mark. Councilmember Davis made the motion to approve the budget adjustments, and Councilmember Green seconded the motion All were in favor and the motion passed unanimously. CONSIDER A MID -YEAR BUDGET ANALYSIS AND PROJECTIONS FOR FY 1993 -94 Ms. Allen stated that an analysis has been done after the conclusion of the FY 1992 -93 financial audit to go back and compare the available funds to what was estimated when the budget was prepared. $60,903 will be added to the General Fund, $104,639 to the Water and Sewer Fund, and $41,433 to the Sanitation Fund. Councilmember Davis made the motion to approve the addition of monies into the reserve for future allocation for the General Water and Sewer, and Sanitation Funds and Councilmember Green seconded the motion. All were in favor and the ''. motion passed unanimously. Ms. Allen stated that there are two items that have been discussed previously during the year that staff was asked to bring back to Council at mid -year. Councilmember Lange made the motion to approve a mid -year budget expense of $4070 for the purchase of radius for the survey crews and construction inspectors and Councilmember Luning seconded the motion. All were in favor and the motion passed unanimously. Councilmember Luning made the motion to approve a mid -year budget expense of $25,000 for replacement of carpet and refurbishing of the west wing of City Hall, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS 1. Bid #93 -24, annual contract for polyphosphate for water treatment process. This bid will be presented at the next Council meeting. 2. Consider Ordinance No. 93 -04 -20.2, authorizing issuance of equipment acquisition certificate of obligation for a road repair unit in the amount of $15,609 to Texas High Roller. 3. Consider Ordinance No. 93 -04 -20.3, authorizing issuance of equipment acquisition certificate of obligation for a cab and chassis in the amount of $32,845 to Knapp Chevrolet. Councilmember Lange made the motion to approve Ordinance No. 93 -04 -20.2, authorizing, issuance of equipment acquisition certificate of obligation for a road repair unit in the amount of $15,609 to Texas High Roller and Ordinance No. 93-04 - 203 authorizing issuance of equipment acquisition certificate of obligation for a cab and chassis in the amount of $32,845 to Knapp Chevrolet and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. 4. Bid #93 -28, annual contract for one ton cylinders of chlorine. Councilmember Gaines made the motion to approve Bid #93 -28, annual contract for one ton cylinders of chlorine to Jones Chemicals in the amount of $319.00 per ton, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. 5. Eastham- Thomason Park, trail lighting - Gulf States Utilities in the amount of $16,921.16 (single source). 6. Eastham- Thomason Park, pre - fabricated bridge project, to be awarded to Continental Bridge in the amount of ' $11,888.00. 7. Eastham- Thomason Park, modular playground equipment and miscellaneous appurtenances, to be awarded to Miracle _ Recreation Equipment in the amount of $15,701.00. S. Eastham-11mmason Park, box culvert and head walls, to be awarded to Autrey Construction in the amount of $16,931.00. Councilmember Green made the motion to approve the four bids for Eastham - Thomason Park listed above (5-8), and �� Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF APRIL 20, 1993 BOOK 'R" 192 CONSIDER IMPROVEMENTS TO THE TURN RADIUS AT AVENUE O AND 11TH STREET ADJACENT TO JIF- E -LUBE IN THE AMOUNT OF $7,388.75 Mr. Wilder stated that Gulf States has agreed to move the power pole at the intersection of Avenue O and Ilth Street at no charge. Southwestern Bell has also indicated that they will be willing to move the telephone cable and equipment at no cost. . The cost for the City to make the improvements to the comer will cost $7,388.75 and will be funded from the reserve for future i allocation in the General Fund. Councilmember Gaines made the motion to approve the improvements to the turn radius at Avenue O and 11th Street ' in the amount of $7,388.75, and Councilmember Green seconded the motion Councilmember Carter stated that although this is a needed improvement on the corner, he will vote against this motion since it will improve the area for the Jif- E-Lube that is to locate on that corner. A vote was taken. All were in favor except Councilmember Carter. The motion passed 8 -1 CONSIDER RIGHT -OF -WAY /PROPERTY ACQUISITION FOR TIIOMASON PARK JOGGING TRAIL Staff requested to postpone this item for the next agenda. CONSIDER TELECABLE CHANNEL CHANGE Mr. Bounds stated that the Cable Company due to changes in the regulatory environment is now required to carry Channel 49 out of Conroe on our cable system. This channel is a spanish channel and will replace the current Spanish channel (20). Other changes may be required at a later date. REVIEW JUDGMENT IN ACKER V. CITY OF HUNTSVILLE Mr. Bounds stated that on April 8, 1993, Judge Melinda Harmon rendered her decision on the Acker v. City of Huntsville case. The decision rendered the City favorable on all issues. The City has been waiting for a decision for over two years. CONSIDER PETITION FOR STOP SIGN ON ELMWOOD AT EASTHAM Mr. Pipes stated that traffic counters have been installed in the Forest Hills area to determine the traffic volume on the '. streets crossing Eastham. It will take approximately one month for all the data to be evaluated. Staff will report back to Council with the best placement of any additional stop signs that may be indicated by the data collected. Mr. Pipes stated that the Huntsville Police Department has been tracking radar on Eastham to see that the 30 mph speed limit is enforced. EMERGENCY MANAGEMENT NOTICE Mr. Pipes stated that an Emergency Management full scale mock exercise is scheduled for June 24. The exercise should begin around 9:00 a.m. CITY COUNCILMEMBER ACTION H.E.A.P. Program. Councilmember Carter stated that he has been asked by several parents why the H.E.A.P. calendar cannot be published earlier so they can make plans for the summer. Staff stated that the schedule will be published the first week in May. Schedule of Bond Election. Councilmember Carter asked if the Bond Election scheduled for June 26 did not have to be held on an uniform election date. Staff responded no. Stop Sign on 18th Street. Councilmember Carter stated that he has asked several times for a stop sign on 18th Street at the intersection behind the Church. He stated that there is a school and church in the vicinity. Cultural Center. Councilmember Davis stated that perhaps Councilmember Carter would like to reconsider his position on the Cultural Center to facilitate the planning for the H.E.A.P. program. Emancipation Park. Councilmember Matthews asked about the available funds for Emancipation Park. Mc Pipes stated that $28,000 have been allocated for the slab repair. Mayor Hodges encouraged Council to drive by Emancipation Park and look at the cracked stab on the basketball court. Councilmember Matthews stated that several organizations had asked about funds for adding picnic tables, and other improvements to the park for the Juneteeth Celebration. Mc Pipes stated that the money can -.' be reallocated by the Council for alternate projects in Emancipation Park if desired. J 1] 1 CITY COUNCIL MEETING OF APRIL 20, 1993 BOOK 'R" 193 Newspaper Recyclin¢. Councilmember Lange stated that he noticed while delivering his newspapers to the recycling vehicle that there were not that many newspapers being recycled. He encouraged citizens to recycle their newspapers at the corner of 12th � and Avenue M. i II MEDIA INQUIRIES t Janet Dial was introduced as the new reporter for City Hall news. ADJOURNMENT Danna Welter, City Secretary