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MIN CC 09/21/1993CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" 229 MINUTES OF THE HUNISVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF SEPTEMBER, 1993, IN THE 1 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 a regular session with the following members present: COUNCILMEMBERS: Officers: Dan S. Davis Harold L. Norton Gene Pipes, City Manager William B. Green JoAnn Matthews Emma Welter, City Secretary Ronald L. Lange Ila G. Gaines Jim Carter Dave Luning ABSENT: W. H. Hodges, Mayor CITIZEN INPUTHNQUIRY Charlotte O'Sullivan. Ms. Sullivan, representing Reconciliation International, Chemistry Association, and Students for Choice, requested the use of Gibbs Park, October 28, 29, and 30th for Haunted Woods. She stated that donations would be taken to reimburse actual costs and each organization would choose a local charity to donate any proceeds. Mayor Pro Tem Green stated that this item would he considered at the next meeting. Lilli Crawford. Ms. Crawford stated that she was concerned about the youth in our community. She stated that more recreation may help keep the youth off the streets. Ms. Crawford stated that there are many empty buildings around town that could be used for activities such as boxing, computer labs, etc, and suggested taking donations and using volunteers to help organize the activities. Ms. Crawford stated that everyone should come together to help make the youth more productive and feel more important. Mayor Pro Tern Green stated that he felt everyone is concerned about the youth and if she has specific ideas, staff could ' review the recommendations. Councilmember Lange suggested that Ms. Crawford contact the Y.M.C.A. to suggest boxing. He feels that the Y would be the best place to organize some of her ideas. PROCLAMATION 93 -17 NATIONAL ARTS AND HUMANITIES MONTH Mayor Pro Tern Green presented members of the Arts Commission with Proclamation 93 -17, National Arts and Hmnanities Month - October 1993. REGULAR SESSION - CALL TO ORDER Mayor Pro Tent Green called the meeting to order. INVOCATION Invocation by Gene Pipes, City Manager. CONSIDER MINUTES OF AUGUST 31, 1993 Councilmember Gaines made the motion to approve the minutes of August 31, 1993, and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously. NOTE: Mayor Hodges and Councilmember Matthews are absent. OPEN PUBLIC HEARING (RECEIVE COMMENTS CONCERNING THE PROPOSED FY 1993 -94 BUDGET, TAX, UTILITY AND SANITATION RATES) There were no citizens present at the hewing. Mayor Pro Tem Green closed the public hearing. ' CONSIDER ORDINANCE 93 -9 -21.1 ADOPTING AN ANNUAL BUDGET FOR OPERATING AND CAPITAL IMPROVEMENTS FOR FISCAL YEAR 1993 -94 Councilmember Gaines made the motion to approve Ordinance 93 -9 -21.1 adopting an annual budget for operating and capital improvements for FY 1993 -94, and Councilmember Luning seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" 230 CONSIDER ORDINANCE 93 -9 -21.2 ADOPTING THE TAX RATE AND LEVYING TAXES FOR FY 1993 -94 Councilmember Davis made the motion to approve Ordinance 93 -9 -21.2 adopting the tax rate and levying taxes for FYI 1993 -94, and Councilmember Norton seconded the motion All were in favor and the motion passed unanimously.. CONSIDER ORDINANCE 93 -9 -21.3 AMENDING CHAPTER 17, WATER AND SEWERS OF THE CODE OF ORDINANCES, INCREASING WATER AND SEWER TAPPING CHARGES Mr. Wilder stated that staff has reviewed the costs of water and sewer taps. Several Councilmembers expressed concern that a resident requiring a bore pays the same cost as a resident not requirinp� the bore. Mr. Wilder stated that the fees are an average of actual costs to keep the cost equitable to all residents. i! Luning and Lange voted for, and Councilmembers Carter and Norton voted against. The motion passed 5 -2 CONSIDER ORDINANCE 93 -9 -21.4 AMENDING CHAPTER 9, GARBAGE, OF THE CODE OF ORDINANCES, INCREASING THE RATES FOR COLLECTING AND DISPOSAL OF REFUSE BY THE CITY Mr. Wilder stated that this ordinance reflects the 17% increase due to the federal mandates regarding landfills and dispose of solid waste. the motion passed unanimously. CONSIDER STANDARDIZING OF EQUIPMENT RATES IN THE PUBLIC WORKS DEPARTMENT Councilmember Norton made the motion to approve the standardization of equipment rates in the Public Works: Department, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.' CONSIDER RECOMMENDATIONS FROM THE PERSONNEL COMMITTEE OF CITY COUNCIL FOR PROPOSED CITY CHARTER AMENDMENTS ON PROPORTIONAL REPRESENTATION Councilmember Gaines stated that the personnel committee is recommending that a public hearing to receive comments' on amending the City Charter by replacing the four current at -large councilmembers with four ward councilmembers and that the Charter also be amended to restrict the Mayor from voting except to break ties. The members currently serving at -large would be assigned a ward (possibly not the ward they are currently living), but as they retire from Council they would be replaced by member from the correct ward. ; I motion passed unanimously. CONSIDER ORDINANCE 93 -9 -21.5, CLAIM AND DELIVERY CERTIFICATE OF OBLIGATION FOR A CAB AND CHASSIS Wells, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AN ADDENDUM TO THE COLLECTION AGREEMENT WITH THE WALKER COUNTY APPRAISAL DISTRICT Ms. Allen stated that to improve efficiency in the collection functions, the Appraisal District will now issue computerized, checks for all collection disbursements, including the check for attorney fees issued to the delinquent tax attorney. This will eliminate the City receiving the total disbursement and paying the delinquent tax attorney itself. ' Councilmember Luning made the motion to approve the addendum to the collection agreement with the Walker County! Appraisal District, and Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" 231 CONSIDER THE TAX REPORT FOR AUGUST AND ADJUSTMENTS TO THE LEVY ' AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER The adjustments to the levy include a credit of $94.63 to the current tax roll, and a credit of $2,146.75 to the delinquent tax roll. Councilmember Gaines made the motion to approve the August tax report and adjustments to the levy, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE INVESTMENTS REPORTS FOR JULY AND AUGUST The investments reports for July and August were presented to Council for their review. CONSIDER A REQUEST TO TRANSFER THE USE OF THE FENCED PLAY AREA BEHIND THE LIBRARY FROM JUST BABIESIJERRY PHILLIPS TO LITTLE SCHOLARSIPATRICIA CLEMONS Councilmember Carter made the motion to transfer the use of the fenced playground behind the Library from Just Babies to Little Scholars, and Councilmember Davis seconded the motion. _ All were in favor and the motion passed unanimously. NOTE: Councilmember Matthews present CONSIDER THE PARKING CONFIGURATION IN THE 1000 BLOCK OF 12TH STREET Mr. Schindler stated that after reviewing the concerns and number of existing parking spaces in the 1000 block of 12th Street, it is the recommendation of staff that the City continue its current parking policy on this corridor. CONSIDER BID #93 -41, PURCHASE AND INSTALLATION OF CARPETING FOR CITY HALL Councilmember Gaines made the motion to approve Bid #93.41, specification 1, for purchase and installation of carpeting for City Hall to Ward Furniture in the amount of $13,636.00, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BID #9342, FOUR CYLINDER TRUCK FOR THE UTILITY BILLING DIVISION Councilmember Matthews made the motion to approve Bid #93 -42, for a four cylinder truck for the Utility Billing Division to Knapp Chevrolet in the amount of $9,000.00, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GRADY HILLMAN FOR AT -RISK YOUTH ART PROJECT FOR AN AMOUNT NOT TO EXCEED $4,000 A matching grant from the Texas Commission on the Arts has been received by the City on this project which is proposed by the Extended Learning Center of SHSU and recommended by the Huntsville Arts Commission. The City's matching funding for the project is $1,000, which is included in the Arts Commission's budget for FY 1993 -94. Councilmember Gaines made the motion to authorize the Citv Manager to enter into a contract with Grady Hillman for At -Risk Youth Art Proiect at an amount not to exceed $4,000, and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A PARTIAL ABANDONMENT OF A SANITARY SEWER EASEMENT TO THE TRUSTEES OF FIRST ASSEMBLY OF GOD CHURCH Councilmember Luning made the motion to approve the partial abandonment of a sanitary sewer easement to the trustees of First Assembly of God Church, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ACCEPTANCE OF A RIGHT -OF -WAY FOR PARR DRIVE FROM THE ABUTTING PROPERTY OWNERS Councilmember Lange made the motion to accent the right -of -way for Parr Drive from the abutting property owners, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. I CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" 232 1 unanimously. CONSIDER BIDS FOR A BORE UNDER IH -45 FOR WATER MAIN INSTALLATION TO BRAZOS VALLEY UTILITIES IN THE AMOUNT OF $46,000 (07 -95 -9859) lmember Gaines made the motion to approve the bid for a bore under IH -45 for water main installation to Brawl CONSIDER BIDS FOR THE WIDENING OF AVENUE O AT 11TH STREET TO ROBERT AUTERY CONSTRUCTION IN THE AMOUNT OF $3,460 (GENERAL FUND UNALLOCATED unanimously. CONSIDER APPROVAL OF GEOTECHNICAL SERVICES TO PICKETT & JACOBS IN THE AMOUNT OF $7,900 FOR LANDFILL CLOSURE SERVICES UNDER SCS'S LANDFILL CLOSURE CONSIDER CHANGE ORDER #1 FOR MCGARY CREEK SEWER PROJECT TO J.J. YOUNG CONSTRUCTION COMPANY Councilmember Norton seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER A REQUEST FOR FUNDING OF A LIGHTING PROJECT FOR FOREST HILLS PARK ' ON PINE VALLEY IN THE AMOUNT OF $5,583 (GENERAL FUND RESERVE FOR ALLOCATION) Councilmember Lange made the motion to approve a request for funding of a lighting Proiec[ for Forest Hills Park in th� amount of $5.583. and Councilmember Luning seconded the motion. All were in favor and the motion Passed unanimously. Councilmember Luning requested that City staff famish information on lighting in other City parks. UPDATE ON THE TEMPORARY TRANSFER STATION PROJECT Mr. Wilder stated that the sewer extension has been completed to the transfer site, the majority of the work for water'. service has been completed, most of the dirt work is completed, and the concrete slab is currently being formed. Staff will bd', prepared to begin transfer of solid waste by the October deadline (pending arrival of transfer trucks). CONSIDER A POLICY FOR SEWER SERVICE FOR NON - RESIDENTS WITHOUT WATER SERVICE Several requests have been made for sewer service outside the City limits. Both of the residents have access to City water,'. but neither are connected to City water. I£ these requests are to be considered, staff requests several changes in the current policy,'.. The new policy would allow the installation of "grinder" pump systems if the City Engineer determines there is no other reasonable', alternative for connection to the City sewer system; the property be connected to City water if available; the Central Inspection Division has determines that all applicable City codes have been Followed; the proposed system meets specifications by City Engineer, and if City water is not available, monthly sewer charges will be at a maximum residential rate. Direction is needed from Council whether this is to be considered. It was the consensus of Council that these requests be submitted with an annexation petition. Councilmember Davis made the motion to table the Policy for sewer service for non - residents without water service. an Councilmember Luning seconded the motion. All were in favor and the motion passed unanimouslv. CONSIDER A REQUEST FOR PARTICIPATION IN A DRAINAGE IMPROVEMENT PROJECT '! , ADJACENT TO LAKE ROAD WITH THE FIRST ASSEMBLY OF GOD CHURCH Mr. Wilder stated that the Church is in process of developing their property adjacent to Lake Road and request the itf construct storm drainage parallel to Lake Road so that the Church's development and proposed storm drainage would connect at Lakc Road. The existing structures under Lake Road are undersized and would require replacement. Preliminary cost esti mates for phas� I and II total $71,225. CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" 233 Mayor Pro Tern stated that the drainage on Lake Road has not been a problem, but with development of this tract it may begin. Several options are available, one in that if the Church buys the materials, the City may furnish labor. Councilmember Carter made a motion to table the request for participation in a drainage improvement project adjacent to Lake Road with the First Assembly of God Church, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ENGINEERING SERVICES CONTRACT SLOPE STABILITY /STRUCTURAL ENGINEERING ANALYSIS OF 30" SANITARY SEWER TRUNK LINE ALONG TOWN CREEK BANK TO GOODWIN- LASITER NOT TO EXCEED $2,000 Councilmember Luning made a motion to approve an engineering services contract to Goodwin- Lasiter not to exceed '! $2,000 for slope st ability /structuml engineering analysis of 30" sanitary sewer trunk line along Town Creek bank, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. LANDFILL CLOSURE INFORMATION Mr. Wilder stated that our contractors have run into a problem with construction staking at the landfill. It appears that S.C.S. had received erroneous information from the aerial mapping done on this project. S.C.S. has advised the City to shut the project down until they correct the data (approximately 2 -3 weeks). CONSIDER DISPOSITION OF K -9 ALT Chief Eckhardt stated that the K -9 Alt was retired due to medical problems. He recommends the City sell the animal to its handler for the same fee our local Humane Society would sell an animal for, and recommend that this be done with the understanding and agreement that the handler, Officer McCurry, could not sell or give the animal to anyone else and if at any point the handler chooses not to keep the animal, ownership would return to the City of Huntsville at no cost. Chief Eckhardt stated that the animal is of no value as a stud animal or a working dog to the City or Officer McCurry. Councilmember Carter made the motion to sell the K -9 Alt to its handler Officer McCurry for the same fee to purchase an animal from the Rita B. Huff Animal Shelter and that ownership would revert to the City if Officer McCurry decided he did not want to keep Alt at any point in the future, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESPONSES TO THE CURFEW REQUEST PETITION Mr. Pipes stated that City Attorney Scott Bounds has written a memo regarding the petition received relevant to curfews. At the current time there is a case pending before the 5th circuit of appeals out of Dallas. The curfew in Dallas was struck down by district court, the appeal has been heard and the decision is pending. It would be advisable to wait and see the outcome of the Dallas case before the City of Huntsville enacts its own curfew. Councilmember Norton made the motion to table the request for a curfew, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ADJUSTMENTS TO THE EMPLOYEES PAY PERIOD Mr. Pipes stated that at the present time employees are paid every other Friday for work performed through the preceding Wednesday. This creates a problem in that some employees are requested to sign and verify their time sheets prior to the end of the period covered by the time sheets. If there is no objection on the part of Council, staff plans to implement on the second pay period of October a nine day pay period, or at the option of the employee they may not accrue a sick leave day in the month of October and be paid the full ten days pay. This will move the pay period clock back 24 hours. It will be done again in April 1994, and October 1994. MAYOR'S ACTIVITY REPORT ' I. Consider reappointments of Sharon Camfield and Alternate Mary Jeanne Coen as Houston Area Library System Lay Representatives and changing the term to begin September 1 through August 31 to coincide with the State's fiscal year. Councilmember Luning made the motion to approve the reappointments of Sharon Camfield and Alternate Mary Jeanne Coers as Houston Area Library System Lay Representatives, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" CITY COUNCILMEMBER ACTION Wal -Mart. Councilmember Carter stated that the Mayor was quoted in the newspaper as saying that Wal -Mart conforms to g eenspace ordinance. He feels that this may be true, but only points to the weaknesses in the ordinance. Brown Water. Councilmember Carter stated that he had received several complaints regarding brown water. Mr. Wilder stated brown water usually occurs during water main breaks. The City has had ground movement in this extremely dry weather can many breaks. Mural Work, Councilmember Carter stated that he had seen a town in Canada with 32 murals and hoped if we continued our program downtown that the City would look at this community. Wal -Mart. Councilmember Davis stated that he did not agree with Councilmember Carter's comment stating that the City of Huntsville did not make a bona fide effort to communicate with Wal -Mart regarding the grove of oak trees. The City of Huntsville did go on record encouraging the management of Wal -Mart to preserve the trees if possible. He also feels it is presumptuous to say that Wal -Mart will not go above and beyond the greenspace requirements. Martin Luther King Center Councilmember Matthews stated that she has received several comments from citizens concerned about the type of entertainment at the Martin Luther King Center. Police have received complaints of loud music and congregation d youth outside the center for the past several months. A business in Houston has rented the center several times and reportedly, brought in lewd entertainment. She stated that the center may need to have more rules and regulations regarding rental. Some suggestions might be: 1) the person renting the center be at least 18 years of age; 2) the person renting should provide paid security] for parties where admission is to be charged; 3) the person renting the center must be a local resident; 4) parties at the center should have a curfew; 4) no loitering outside the center or within a 20 yard radius; 5) the noise level should be held at a minimum and not disturb the residents; 6) there should not be any alcoholic beverages consumed on the grounds of the center. Curfew. Councilmember Matthews stated that she supported a curfew for the entire City. She not only supported the curfew for' minors, but for adults loitering on the streets also. Drug Free Zone. Councilmember Matthews stated that she would like City Council to adopt a drug free zone for our City parks in accordance with Senate Bill 16. This bill doubles the punishment for certain drug related offenses. Councilmember Matthews also suggests that the City of Huntsville adopt an open container law. At -Risk Youth Program. Councilmember Matthews requested that the Arts Commission in coordination with the At -Risk Youth program seriously consider recruiting more minority participants in the programs. !i Pleasant Street and Highway 75 North. Councilmember Lending stated he had read the letter from the Texas Department of Highways stating that they had received the City of Huntsville's request for a speed study and stated that caution must be exercised in changing', speed limits to assure compliance with State Law. Mr. Pipes stated that they are indicating that if a speed study is done, it may very . well indicate that the usual and customary speed is above the current posted speed and there is a possibility that it would be their recommendation it being raised. The Highway Department is indicating that the speed limit should be strictly enforced to prevent this possibility. Recycling. Councilmember Norton stated that he recommends that citizens take their newspapers to the recycling center at the cornett'. of 13th Street and Avenue M. Citizen Evaluation Survey - Police Department. Mayor Pro Tem Green commended Chief Eckhardt on the citizen evaluation survey', provided in the packet. Kids Day. Councilmember Matthews stated that on Saturday, the 25 th, the City of Huntsville Police a Kids Day at Emancipation Park and encouraged everyone to attend. CITY COUNCIL MEETING OF SEPTEMBER 21, 1993 BOOK "R" 235 MEDIA INQUIRIES f` k d 'f th C' 1 h 14 ' h add Wayne Sorge, KSAM'as e t e ity current y as po tctes t at ress enterta,nment, type of entertainment, type of attire or lack thereof wom by the entertainers. Mr. Pipes stated that the City has no written policies regarding the renting or use of Emancipation Park except for commercial and non - commercial. There may be some stringent restrictions on the use of the building forthcoming. Janet Dial, Huntsville Item, asked if any Councilmember other than Councilmember Carter would support adding to the percentage of greenspace required. Councilmember Luning stated that he would have to have additional information to make a judgment on the issue. Mayor Pro Tem Green stated that the Council recently reviewed some recommendations on greenspace requirements. Several Councilmembers stated that Council was willing at an time to review policies in place. Danna Welter, City Secretary