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MIN CC 11/09/1993CITY COUNCIL MEETING OF NOVEMBER 9, 1993 BOOK "R" 250 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9TH DAY OF NOVEMBER, 1993, IN THEI 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 regular session with the following members present: COUNCILMEM 3ERS: W. H. Hodges, Mayor Officers: Dan S. Davis Harold L. Norton Gene Pipes, City Manager William B. Green JoAnn Matthews Danna Welter, City Secretary Ronald L. Lange Ila G. Gaines Scott Bounds, City Attorney Jim Carter Dave Toning i1 PLEDGE OF ALLEGIANCE/FLAG CEREMONY Daisy Troop #8354 performed a flag ceremony and pledge of allegiance for the City Council and guests. CITIZEN INPUT/INQUIRY Carol Wilk. Ms. Wilk presented City Council with additional petitions (100 signatures) requesting that the election date be changed from January to May. Ms. Wilk stated that she is the collegiate representative in Huntsville for 'Rock the Vote ", a concert series to encourage citizens to register to vote and the importance of voting. She is asking the City for a $500 sponsorship for the concert. 4 Mayor Hodges stated that she would need to talk to the City Attorney regarding the sponsorship for the concert. Travis Duke. Mr. Duke stated that he is the owner of Tubbies Restaurant on I Ith Street. He is concerned about the violence and vandalism on east 11th Street. He has seen drug sales, drug related violence, fights, general mayhem and mass confusion on that end of Huntsville. He wanted City Council to be aware of the problems in this area of Huntsville. He feels that it not only will take additional police officers, but community awareness and action. Mayor Hodges stated that the Police Chief and City Manager would discuss these problems and be in contact. Jim Crawford. Reverend Crawford stated we live in a decade where we are emphasizing the preservation of our precious resources and it seems inconsistent to extend the hours for the sale of alcoholic beverages and waste our most precious resource - our human one. Brendan Mikeska. Mr. Mikeska stated that he is the legislative chairman for the SHSU student government association. He stated that the student population has the perception that City Council represents the City of Huntsville and not necessarily the students at the University. He feels that changing the election date from January to May would send a message to SHSU students that that perception is not true. There are 12,800 students at the University and the student leaders are requesting that a charter amendment changing the uniform election date be added to the January ballot. He feels that the election date as it stands today precludes participation of students. Mr. Mikeska stated that most of the surrounding cities have extended hours for alcohol. He stated that the students at the University feel very strongly about this issue and it raises a lot of emotion. He feels that if City Council does not debate the issue heavily and consider it seriously, that students will have a definite reason to register to vote and ran for City Council. Mayor Hodges stated that every issue that comes before City Council is taken seriously. Keith Brister. Reverend Brister stated that prior to being a pastor, he had worked with college students at two other major! colleges (Texas Tech and Baylor University) and that he understands the student population. Reverend Brister stated that he is ids,'. opposition to the extended hours for alcoholic sale. It has been implied that this would have an economic influence on our'i community, but there are more important things than the dollar for the sake of our community. He does not feel that this is a'': financial economic issue; the extension of an hour would lead to a less safe environment to raise our families. He asks that Council consider not the dollar, but what is best for the community. F� CITY COUNCIL MEETING OF NOVEMBER-9,1993 BOOK "R" 251 Clayton Waits. Mr. Waits stated that the Thomason -Emtham Park is beautiful, but the 7th Street entrance does need to be cleared so that the community will feel safe and be able to see the paths. He is asking the City to consider clearing the right -of- way. There are no hardwood trees, but only hackberry trees and brush. Mayor Hodges asked the City Manager to check on this matter and respond to Mr. Waits. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. INVOCATION Invocation by Reverend Jim Crawford, First United Methodist Church. CONSIDER THE MINUTES OF OCTOBER 19 AND 26, 1993 Councilmember Matthews made the motion to approve the minutes of October 19 and 26, 1993, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A REQUEST TO ADD AN ADDITIONAL HOUR TO THE TERMINATION TIMES FOR ON -SITE ALCOHOL CONSUMPTION AS MADE BY AN OWNERMANAGERS GROUP Mr. Richard Files, Manager of the Jolly Fox, Mr. Chris Caka, Owner and Manager of 17th Street Bar, Mr, Kerry Murray, Owner and Manager of Murski's Ice House, Mr. Sonny Irving, Owner and Manager of Sonny's Nightclub and Mr. Joe Bydalek, Owner and Manager of the Fill -er Up Club were present. They are requesting an amendment to the current city ordinances to allow on -site consumption of alcohol to be extended until 1:00 a.m. from Sunday through Friday, and until 2:00 a.m. on Saturday. Mr. Files sited citizen safety, uncontrolled after -hours outlets, and economic reality as reasons for the amendment. He stated that the change proposed will cause the unnecessary travel and uncontrolled after -hours outlets to decrease, thereby creating a safer community for our citizens. He stated that this amendment has the direct support of our local police department as well as other local and state law enforcement agencies. Mayor Hodges stated that he had listened carefully to the presentation and still did not feel this would benefit our community. Mayor Hodges assured Mr. Files that he does not have the support of the "Huntsville Police Department ", although he may have some support of individual officers. Chief Hank Eckhardt stated that the Police Department does not endorse the move for extended hours. He stated that there are problems with parties at various apartment complexes, but does not feel that extended hours will alleviate the problem. Chief Eckhardt has checked with different agencies and it seems that Huntsville does have a lower D.W.I. rate, and less alcohol related problems in the clubs than other communities where the clubs stay open longer. After lengthy Council deliberations, a motion was made. Councilmember Gaines made a motion to reiect the request to add an additional hour to the termination times for on -site liquor consumption, and Councilmember Norton seconded the motion. Councilmember Luning made a motion to table the motion to reiect the request to add an additional hour to the termination times for on -site liquor consumption, and Councilmember Carter seconded the motion. Councilmembers Luning. Carter and Green voted for. and Councilmembers Davis, Matthews, Gaines, Norton, Lange and Mayor Hodges voted against. The motion failed 6 -3. A vote was taken on the original motion. Councilmembers Gaines, Norton, Davis, Matthews. Lange and Mayor Hodges voted for, and Councilmembers Luning. Carter and Green voted against. The motion passed 6 -3. CONSIDER A REQUEST FOR FUNDING THROUGH A CONTRACT FOR SERVICES BY THE HUNTSVILLE ALCOHOL AND DRUG ABUSE PROGRAM This item was postponed until the November 30th meeting. CONSIDER ORDINANCE 93- 11 -9.1 AMENDING THE ORDER FOR MUNICIPAL ELECTION ' TO BE HELD ON JANUARY 15, 1994, TO AMEND THE CITY CHARTER TO MOVE THE ELECTION DATE FROM THE UNIFORM DATE IN JANUARY TO THE DATE IN MAY Councilmember Carter made a motion to add a charter amendment to the January 15, 1994 ballot, changing the election date from the uniform date in January to the uniform date in May, and Councilmember Luning seconded the motion. CITY COUNCIL MEETING OF NOVEMBER 9, 1993 BOOK "R" Mr. Bounds stated that the City Charter can only be amended every two years. Several Councilmembers stated thall perhaps this charter amendment should be presented to the voters in May so Council would have additional time to consider oth amendments that need to be made. Mr. Bounds stated that the May election could not be ordered until after the 30th day before th i next uniform election date (about December 19th). Councilmember Carter withdrew his motion, and Councilmember Lupine withdrew his second. u CONSIDER ELECTION OF C.A.D. BOARD OF DIRECTORS BY RESOLUTION 93- 11 -9.1 Mayor Hodges stated that the City has 1,033 votes for the election of the Board of Directors for the Appraisal He suggested dividing the 1,033 votes between the seven candidates the City nominated forpositions (147.57 for Fred Chel Larrison, Ralph Lawson, Sue Martin, J. S. Robinson, Joyce Robinson, and Willie H. Williams). Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A NOTICE OF INTENT BY GULF STATES UTILITIES TO ROLL BACK RATES UNIFORMLY WITH OTHER CITIES IN THE SERVICE AREA Mayor Hodges stated that City Council does notneed to take action for Gulf States Utilities to roll back rates in CONSIDER ACQUISITION OF VARIOUS TAX SALE PROPERTIES FOR HIGH BID VALUE AND APPROVAL OF THE BIDS FOR THE REMAINDER OF THE LIST Ms. Allen stated that the Walker County Appraisal District has taken sealed bids on properties held in trust. The ( Public Works Department is recommending that the City purchase three of these properties at the low bid ($550.00 combined) City use. of the three tracts the City is authorized to purchase for City use, and Councilmember Lunn¢ seconded the motion. All were in favor✓!', ' and the motion passed unanimously. it CONSIDER THE TAX COLLECTION SUMMARY REPORT AND ADJUSTMENTS/ CORRECTIONS TO THE TAX ROLL FOR THE MONTHS OF SEPTEMBER AND OCTOBER the motion passed unanimously. CONSIDER ORDINANCE 93- 11 -9.2 AMENDING THE CITY'S PURCHASING PROCEDURES AUTHORIZING THE CITY MANAGER TO APPROVE CERTAIN PURCHASES UP TO $15,000 seconded the motion. All were in favor and the motion passed unanimously. Councilmember Carter stated that he understood that these purchases would be reported to City Council. CONSIDER ORDINANCE 93- 11 -9.3 ADOPTING FEDERAL GUIDELINES TO EXERCISE TELECABLE JURISDICTION UNDER F.C.C. RULES unanimously. CONSIDER ORDINANCE 93- 11 -9.4 ADOPTING UPDATED SERVICE CREDITS IN THE TEXAS acilmember Green made the motion l to approve _Ordinaan RETIREMENT 1 -9.4 adopting updated service credits in the Texas , unanimously. CITY COUNCIL MEETING OF NOVEMBER 9, 1993 BOOK "R" 253 CONSIDER AN AGREEMENT WITH LC,M.A. FOR ADMINISTRATIVE SERVICES FOR THE CITY'S DEFERRED COMPENSATION (§ 457) PLAN Councilmember Green made the motion to approve an agreement with I.C.M.A. Retirement Corporation for administrative services for the Citv's deferred compensation plan, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AND AGREEMENT FOR YOUTH SOCCER PROGRAM Councilmember Lange made the motion to approve the agreement for a Youth Soccer Program, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FISH HATCHERY ROAD SEWER LINES PROJECT AND FINANCING ANALYSIS Mayor Hodges stated that information was in the packet regarding the Fish Hatchery Road sewer line project and the financing estimates. He asked that Council not act on this issue, but study the information provided. The debt service for a bond issue to fund the project would be $233,000 per year. This would require a 9% revenue increase to all customers to fund the debt. CONSIDER BIDS FOR CONTRACT WATER AND SEWER EXTENSION TO EASTHAMlCROSSTIMBERS Councilmember Davis made the motion to approve a contract for water and sewer extension to Eastham/Crosstimbers to Autery Construction in the amount of $33,090.70, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A PROPOSAL BY WASTE MANAGEMENT FOR SOLID WASTE DISPOSAL AND TRANSFER SERVICES Goodwin Lasiter is currently reviewing and redesigning the transfer station facility. The first portion of the review is to be received by the City within the next few weeks. Mr. Wilder stated that at this point, the City will review the information from Goodwin- Lasiter and also review Waste Management's offer. Waste Management is interested in a tum -key plan - they would construct a facility and operate it. Waste Management is requesting that the City give a sense of direction before time is spent on developing the various options. Council felt that all options should be considered and felt Waste Management's offers should be received and reviewed. CONSIDER RESOLUTION 93- 11 -9.2 DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES Councilmember Matthews made the motion to approve Resolution 93- 11 -9.2 designating certain City owned vehicles as unmarked vehicles, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT Mayor Hodges stated that the next Council meeting is scheduled for November 30, 1993. He also stated that aFY 1993 -94 annual budget is at each Councilmember's place. CITY COUNCILMEMBER ACTION Consider amendments to the E.M.S. contract to reflect current funding formula. Councilmember Davis made the motion to authorize deliberations on the amendments to the E.M.S. contract to reflect the current funding formula, and Councilmember Green seconded the motion. All were in favor except Councilmember Carter. The motion passed 8 -1. ' Charlie's Used Cars. Councilmember Carter asked about the greenspace planned for this location. It appears that the pad built is from property line to property line. Mr. Wilder stated that he would look at the plans and report back. Wiesner Development. Councilmember Carter asked about drainage studies for this development. Mr. Pipes stated that a drainage study would not be required unless it altered the drainage of a creek. Mr. Wilder stated that engineering calculations of the run off would have been required but he would follow up on this issue. CITY COUNCIL MEETING OF NOVEMBER 9, 1993 BOOK "R" 254 Tubbies. Councilmember Carter stated that the City should take action by organizing social programs to alleviate some of they ' problems in our community. I KKK. Councilmember Carter stated that the less publicity the better for the rally. He stated that the Klan is not welcome in thl City of Huntsville, but does have the right to express their ideas. He encouraged all citizens to stay away from the rally. Mayon I Hodges agreed that he hoped that the citizens of Huntsville would not attend the rally. Councilmember Green stated that he not sure that ignoring the rally would be acquiescing, or if Huntsville residents should carry signs telling them they are not welc< in our City. Mr. Pipes stated that in talking with other cities that the Klan has visited, ignoring them is the best method. Too m times any type of protest turns into violence. Reconciliation International. Councilmember Davis asked if the Halloween event put on by Reconciliation International at Park was a success and if there were any problems. Mr. Pipes stated that due to the bad weather, there were not a lot of cuss at the park. The students left the park in good condition. Community Problems. Councilmember Matthews stated that too many kids and adults are loitering at different locations in She feels that more policeman could be utilized and should be looked at in the future. Buffer Zones. Councilmember Lunhrg stated that he was worried about the buffer zones on Normal Park as a result of Used Cars relocating. T.M.L. Conference. Councilmember Luning stated that he had avery good T.M.L. Conference and thanked City staff for their and support in making the trip run smoothly. Community Problems. Councilmember Gaines stated that many of the community problems need to be addressed by starting at they grass roots - the families. The City alone cannot solve the problems, it will take all aspects of our community. MEDIA Janet Dial asked if the City would put on an agenda in February to call a May election. Mayor Hodges stated that a Charter', Review Committee may be formed to look into these issues. ADJOURNMENT