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MIN CC 07/13/1993MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF JULY, 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 William B. Green JOAnn Matthews Scott Bounds, City Attorney III Jim Carter Ila G. Gaines Damta Welter, City Secretary Dave Luning ABSENT: Ronald L. Lange i INVOCATION Invocation by Reverend Clayton Taylor, First Church of the Nazarene. PUBLIC HEARING OPENED - SITING OF A SOLID WASTE TRANSFER STATION Sam Park Mr. Park stated that in 1987 -88, there was a solid waste steering committee with representatives from the City, County and citizens. He felt the issue of solid waste should be addressed by this steering committee. Mayor Hodges stated that since 1987 -88, the Federal government has increased the requirements regarding solid waste. The City along with T.D.C.1. -I.D. have participated and employed a consultant to study the solid waste issue. The City, T.D.C.J. and the consultant all agree that the transfer station is the most cost effective route because of the new E.P.A. regulations. Mayor Hodges closed the Public Hearing. CITIZEN INPUTANQUIRY III None. REGULAR SESSION -CALL TO ORDER � Mayor Hodges called the meeting to order. �I CONSIDER MINUTES OF NNE 29, 1993 L Councilmember Gaines made the motion to approve the minutes of June 29. 1993, and Councilmember Norton seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZEN 1. Bill Abbott representing residents of the Fish Hatchery Road area to request sewer service. Mr. Abbott presented a petition with approximately 82 signatures from the Fish Hatchery area residents requesting sewer service. Mr. Abbott stated that the residents and property owners of the Fish Hatchery Road area were annexed into the City limits on November 13, 1984. The majority of residents are on septic systems that are approximately 18 -25 yews of age. A serious problem exists. In the "Annexation Service Plan for Fish Hatchery/Anders Lane Area" of October 1984, there are two areas that have not been addressed. Mr. Abbott stated that due to the fact that there is not a 6" water line, fire protection (hydrants) is not available. The other deficiency is sewerage. Mr. Abbott stated that in the annexation plan, it states that "The area will be included with all other territory in the City in connection with planning for new, revised or expanded wastewater facilities." The residents are requesting that sewer: service be expanded to the area. He stated that of the small portion ofunsewered areas in the City limits, the Fish Hatchery Road area! represents the largest constituency in the City limits that does not have adequate fire protection nor adequate sewerage. Mr. Abbott stated that in a letter from Wisenbaker, Fix & Assoc. of 1989, it states that the probable cost of the "Fish Hatchery Road sewer lines" is $1,400,000. If there was a $1,500,000 issue, the average annual debt service would be approximately $123,000'. per year for a 20 year period. Revenues for this area for sewer would be about $39,422 per year. An approximate 5% revenue increase would be required to generate $123,000; an increase of $.90 per sewer resident. Mr. Abbott stated that the residents are requesting that in the short term the City initiate the engineering studies necessary to establish an accurate cost to bring sewerage to the residents of the Fish Hatchery Road area and that a time line be established so that:' the residents will be able to correspond with Council on the results of the study and Council's decision. The residents are requesting' that the City Council bring sewerage service to the Fish Hatchery area within a reasonable amount of time. Mayor Hodges stated that he recommends that staff review the issue and develop a cost shared plan between the City and residents. Councilmember Green asked Mr. Abbott how he felt the 181 residents would feel about being required to be hooked up to the City sewer service when provided. Mr. Abbott stated that 82 citizens signed the petition, but Council could survey the area. Mayor Hodges stated that the City Manager would be in contact with Mr. Abbott. 2. Messrs Ben Bius and Mance Park to request refund of development fees for public improvements. Mr. Pipes stated that Mr. Bius and Mr. Park had provided a letter requesting the City consider a policy of rebating the inspection fees charged by the City for the permitting and inspection of public improvements (water, sewer and street) in new development. Mr. Pipes stated that developers can recoup these fees by adding it in the cost of the property. Mayor Hodges stated that he felt the City needed to do everything it can for economic development, but does not feel that rebating these fees when there is a legitimate cost to the City is proper. Councilmember Green made the motion to disapprove the request to refund development fees, and Councilmember Matthews seconded the motion All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 93 -7 -13.1 ADOPTING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN AS REQUIRED BY THE WATER DEVELOPMENT BOARD FINANCING AGREEMENT Mr. Wilder stated that this plan is a requirement by the Water Development Board financing agreement for the improvements to the two wastewater treatment plants and the McGary lift station. The Water Development Board has approved the plan as meeting all the criteria. Councilmember Green stated that in several areas of the plan the wording is confusing and asked the City Attorney to reword these sections. These minor changed would not require the plan to be resubmitted to the Water Development Board. Councilmember Green made the motion to approve Ordinance 93 -7 -13.1 adopting the Water Conservation and Drought ContinEencv Plan and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER APPROVAL OF BID TO REHABILITATE THE SEWER LINE FROM GIBBS PARK TO 11TH STREET TO NAYLOR ENVIRO SYSTEMS IN THE AMOUNT OF $193,735.00 (UTILITY CAPITAL FUNDS) Councilmember Gaines made the motion to approve the bid to rehabilitate the sewer line from Gibbs Park to I lth Street to Naylor Enviro Systems in the amount of $193.735.00 to be paid from Utility Capital funds, and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously. CONSIDER A RESPONSE ON THE MCDONALD CREEK (SPRING LAKE) DRAINAGE REQUEST Mr. Wilder stated that the creek has silted up over the years for several reasons. The lake level is high on the lower end preventing the cleaning out of the drainage each time it rains. The water level remains stagnant. There is also a lot of vegetation in the area adding to the problem. The drainage ditch is full of dirt and has spread into the park property that is owned by the City. There is no money budgeted for cleaning the drainage in McDonald Creek. Estimates provided in 1991 were $42,000 - $58,000. Mayor Hodges stated that he had walked the area and the creek started to silt up after the level of the dam was raised. The lake raised and the water backed up. He stated that this is not a City problem, but the private property problem. Councilmember Luring stated that he had attended a property owner's meeting and they are concerned. He asked if the City has a legal obligation to clean the creek. City Attorney Scott Bounds stated that the City would not have a legal obligation unless the City did something to alter the stream or increase the flow of the water. Councilmember Luring stated that the creek is on City property and that if work is to be done it would have to be done by the City. It may be in the interest of the City to clean the creek. The residents may be interested in a cost shared option. He suggested that City staff meet with the property owners. Councilmember Gaines asked about lowering the level of the lake. Councilmember Luning stated that the lake is privately owned and the property owners have no control over the level of the lake. Councilmember Carter stated that a drainage study including priorities needs to be done in the City of Huntsville. Drainage issues should not be addressed on a first come basis. Councilmember Gaines stated that she felt the Council did need a plan with priorities. Mayor Hodges stated that is an informational item brought by staff to City Council at Council's request, ' CONSIDER A PROPOSAL BY T.D.C.J: I,D. TO INSTALL A FLOW METER TO MONITOR WASTEWATER DISCHARGE AT THE WYNNE - ALBERTI UNIT Councilmember Luning made the motion to approve a proposal by T.D.C.J: I.D. to install a flow meter to monitor wastewater �I discharge at the Wynne- Alberti Unit (to be reimbursed by T.D.C.J: I.DJ, and Councilmember Norton seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE JUNE MONTHLY TAX REPORT WITH ADJUSTMENTS TO THE APPRAISAL ROLL AS RECOMMENDED BY MR. GROVER COOK, CHIEF APPRAISER Ms. Allen, Director of Finance stated that current collections are 95.5% through June 30, compared to 94.7% this time last year. 20% of the delinquent tax outstanding levy has been collected, as compared to 27% last year. The Chief appraiser has submitted adjustments to the current tax roll of $20.85, and $414.29 to the delinquent tax roll. recommended by Mr. Grover Cook, Chief Appraiser, and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION FOR REPLACEMENT OF A UTILITY DIVISION - METER READER PICKUP passed unanimously. CONSIDER AGREEMENT WITH THE HUNTSVILLE BUSINESS AND PROFESSIONAL WOMEN TO ADMINISTER THE TEEN AND YOUTHFUL OFFENDER COURT Mr. Dave Carey from B.P.W. introduced members in attendance. Approximately 180 cases have been handled in the Teen; and Young Adult Court. He stated that at the B.P.W. State Convention, Huntsville won the state award for the best P.R. program for! a city between 25,000 and 100,000. ' Councilmember Gaines commended B.P.W. for their unselfish commitment to the youth of our community in administering) the Teen and Young Adult Court. Councilmember Luning urged B.P.W. to come to Council if problems or needs arise so they can support the program. passed unanimouslv. MAYOR'S ACTIVITY REPORT 1. Consider the expiration of the temporary appointment of Mr. Doug Byrne, P.E. as City traffic engineer for grant purposes. Mr. Pipes stated that City Council had appointed an engineer for the purposes of a special grant for signalization. Mr. Byrne filled the voluntary position. The grant has been concluded and as a matter of housekeeping, Mr. Byrne will need to be unappointed. unanimously. CITY COUNCILMEMBER ACTION Mowed Lot. Councilmember Carter stated that the City had contacted the owner of a lot behind the old "Tasty Freeze" and as a res the owner bulldozed the lot. J. D. Schindler stated that there had been a complaint about the lot and the City Code Enforcement Department did send a lei to Mr. Dickerson, owner of the lot, asking that the lot be cleaned up. Mr. Dickerson chose to rent a dozer. Mr. Wilder stated that would follow up on the matter. Staff Review. Councilmember Gaines stated that it was time for review of the Charter Officers and called a meeting of the Personnel Committee for July 20 at 3:00 p.m. at City Hall. Spring Lake Homeowners Meeting. Councilmember Luning stated that the Spring Lake homeowners did have a list of items to be! brought to the City's attention and he would follow up on these issues. MEDIA INQUIRIES None. ADJOURNMENT City Council recessed into a Work Session to be followed by Executive Session. Danna Welter, City Secretary 1