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MIN CC 12/14/1993CITY COUNCIL MEETING OF DECEMBER 14, 1993 BOOK "R" MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF DECEMBER, 1993, IN THE I , 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: COUNCILMEMBERS: W. H. Hodges, Mayor Dan S. Davis Ila G. Gaines William B. Green Dave Luning Ronald L. Lange Jim Carter ABSENT: Harold Norton, JOAnn Matthews CITIZEN INPUTANQUIRY Officers: Gene Pipes, City Manager Doom Welter, City Secretary Scott Bounds, City Attorney Bill Knotts. Mr. Knotts stated that traffic will be a problem on the east and west frontage roads of IH -45 when the Wal -Mart Supercenter is built. The Smither overpass needs lighting and signals. He asked that the City plan and discuss t problems with the State Highway Department. Mr. Knotts also stated that he was disappointed that Charlie's Used Cars was allowed a variance to disallow any greens on the front of the property. He realized that it was to buffer the homes on Normal Park, but still was sorry to see no landsca on the frontage road. Tommy Tomlinson. Mr. Tomlinson invited the Mayor and City Council to a flag football game to raise money for Toys, for Tots. The local law enforcement will play the local fire and E.M.S. personnel on Friday, December 17, 1993, at 7:00. Ail donation of $5.00 or a new toy is being requested for entrance to the game. Mayor Hodges stated that this is a worthwhile project and thanked the participants. REGULAR SESSION - CALL TO ORDER', ' Mayor Hodges called the meeting to order. I ji INVOCATION ! Invocation by Chaplain Barnes. it li RETIREMENT OF MARK BUTLER, CITY EMPLOYEE Mr. Pipes stated that Mr. Butler was retiring from the Sanitation Department of the City of Huntsville after 26 years of outstanding service. Mr, Butler was presented with a plaque and jacket. i CONSIDER THE MINUTES OF NOVEMBER 30, 1993 Councihnember Gaines made the motion to approve the minutes of November 30, 1993. and Councilmember Green! seconded the motion. All were in favor and the motion passed unanimously. i! I; ATTENDING CITIZENS II� Ms. Margi Carey, Business and Professional Women, to revert to City Council on the status of the Teen Court Program..;' Ms. Carey presented Council with a brief history and budget for Teen Court. She introduced other members involved in the program,'. including Barbara Solow, current B.P.W. President. A 1994 schedule was presented and Council was welcomed to attend any session.'; i Mr. Carey introduced Paul Palmer, President of the Rotary Club at S.H.S.U, and stated that this club has chosen the Teen/Young',; Adult Court as their ongoing project for the year. Mr. Carey stated that 122 violations have been diverted to the Teen/Young Adult! Court with 103 participating. Mayor Hodges thanked the Carey's for their support in the program and for the report. '! p Mr. Morris I. Waller, M.E. and Chairman of the Good Shepherd Mission to request a facilities credit of $600 per month!' for one year for sanitation, water and sewer costs. Mr. Pipes stated that Mr. Waller could not attend, but that Mr. Waller had'! provided the City a letter outlining his request He is concerned that the Mission has become a drop off point for some materials! j ' that should be lardfilled. Mr. Waller is proposing a credit system whereby the Council would create an interfund transfer to fund!! sanitation (proprietary fund) by a general fund allocation, allowing the Mission to credit their bill against the allocation. Councilmember Green stated that if the Mission is being used as a dump instead of citizens dropping off at the landfill�!' that that is a long term problem that will need to be addressed separately. He stated that since we are going to close the landfill). shortly and are going to have to pay to have dirt hauled in, the City could contract with the Mission to put as much of this debrislI CITY COUNCIL MEETING OF DECEMBER 14,. 1993 BOOK R" 259 ' as they can in the landfill, and in doing so save the City some money. This would solve the short term problem, but is not a long term solution. Councilmember Carter agreed with Councilmember Green and felt the City may pursue a long term contract with the Mission since they do perform social services for the community. Councilmember Luding stated that a long term solution should be discussed during the budget sessions when all organizations can be considered. Councilmember Green requested that the City Attorney prepare a contract whereby the Mission is providing a service so that the fee charge can be waived. Ms. Iesia Minor, Progressive Women's Association, to request special use authorization for the Martin Luther King Neighborhood Center in Emancipation Park. Ms. Minor stated that the PWAH is requesting City Council to continue PWAH' adoption of the Center and to waive the permit fee for the monthly meetings and community service projects held at the MLK Center. Mayor Hodges stated that the PWAH does wonderful things for the community and when the ordinance regarding the Center was passed several weeks ago, it was done without considering the PWAH. He recommends that Council waive the fees for the Progressive Women's Association. Councilmember Gaines made a motion to waive the fees for the Progressive Women's Association to use the Martin Luther King Center for their monthly meetings and community service vroiects, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimous) I. Mr. Don Kraemer, Chamber of Commerce Tourism Council, to discuss the Sam Houston Statue project. Mr. Kraemer stated that the Tourism Council strong encourages City Council to accept the magnificent gift of the statue. It is a unique once in a lifetime opportunity for the City of Huntsville. The Tourism Council hopes that the schools, campus organizations, Arts Commission and other individuals become a part of this project. The Tourism Council is committed to assist the City in any way possible. Councilmember Carter asked Mr. Kraemer in what way they are committed. Mr. Kraemer stated that the statue will be ' a considerable marketing tool for the City and that is one of the jobs of the Tourism Council. They are also willing to participate in any way possible in raising funds to help in the placement of the statue. Councihnember Carter asked out of the $100,000 per year the City gives the Chamber each year, how much of those funds is the Tourism Council willing to spend in the placement of the statue. Mr. Kraemer stated that specific figures have not been discussed at this time. Mr. David Adickes, Sam Houston Statue Artist, to propose a gift to the City. Mr. Adickes stated that he would like to make a formal offer of the statue of Sam Houston to the City of Huntsville, with the only proviso that the City famish the base on which to put it. The base will be basically a big hunk of concrete - approximately 28' x 28' x 8' deep and about 5' above the ground. CONSIDER THE SAM HOUSTON BICENTENNIAL STATUE GIFT PROPOSED AND AUTHORIZE THE CITY MANAGER TO SECURE ENGINEERING SERVICES FOR THE FOUNDATION AND APPURTENANCES Mayor Hodges stated that this is a very generous gift and that the vast majority of the community agrees that it would be a sensational piece of art for this community. Mr, Pipes stated that the moment has arrived for this is a once in a lifetime opportunity for the City of Huntsville and strongly recommends that City Council enthusiastically accept Mr. Adickes' gift to our community. Councilmember Gaines made the motion for the City of Huntsville to accept the gift of the Sam Houston Statue from Artist David Adickes and to authorize the City Manager to enter into an engineering contract for the base, and Councilmember Green seconded the motion. Councilmember Carter made a motion to amend the original motion to fund the engineering study and the base out of the hotel -motel tourism dollars. The motion had no second. Mayor Hodges stated that there were several options on the funding of the statue. The City currently collects 4% from hotel -motel taxes. There is still 3% available that the City is not currently charging; each percent would raise $30,000 per year. Fundraisers and other methods could also be used to fund costs associated with the statue. Councilmember Carter stated that the Tourist Center (Chamber) could be located near the statue site. ' Mr. Adickes stated that he was acquiring the land for the statue. He intends in the future to develop the property into a sculpture park, A vote was taken. All were in favor and the motion passed unanimously. Mayor Hodges thanked Mr. Adickes for this wonderful gift to the City. CONSIDER A REQUEST FOR SITE APPROVAL AND INSTALLATION OF THE AHYSEN CITY COUNCIL MEETING OF DECEMBER 14, 1993 BOOK "R" MOVING BIRD SCULPTURE Mr. Schindler stated that staff recommends installing the gift from Harry Ahysen of the Movmg Bird Sculpture beti the entrance of Airport Road and the entrance to the Kate Barr Ross Swimming Pool on Highway 75 North. The costs will be from budgeted Arts Commission funds ($1,650). Staff also requests approval for the City Manager to enter into a contract will Ahysen for installation of the piece according to engineer approved drawings. the motion. All were in favor and the motion passed unanimously CONSIDER A LIBRARY AUTOMATION GRANT PROJECT WITH THE HOUSTON AREA LIBRARY SYSTEM TO BE MATCH FUNDED FROM THE MARGARET POWELL ENDOWMENT INTEREST ($2,600) AND $2,700 FROM THE GENERAL FUND RESERVE FOR FUTURE ALLOCATION System, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE MONTHLY TAX COLLECTION REPORT AND ADJUSTMENTS TO THE TAX ROLL AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Ms. Allen stated that current property taxes are 17% of the levy as compared to 19% at this time last year. totaling $4,613 are recommended by the Chief Appraiser. unanimously. I, CONSIDER ORDINANCE 93 -12 -14.1 APPROVING A ONE TIME REFUND OF UTILITY PAYMENTS BY GULF STATES UTILITIES Mr. Bounds stated that Gulf States Utilities is requesting that the City pass an ordinance to ratify the action being taken by the P.U.C. and other cities regulating rates by ordering a one time rebate to customers for overcharges. by G.S.U., and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 93 -12 -14.2 AMENDING AND RATIFYING THE EMPLOYEE'S MEDICAL BENEFIT PLAN Mr. Bounds stated that this ordinance ratifies the changes approved by City Council to the Employee's Medical Plan. Benefit Plan, and Councilmember Luning seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 93 -12 -14.3 TO CHANGE THE CITY'S GENERAL ELECTION DATE TO ANOTHER UNIFORM ELECTION DATE AS PROVIDED BY A SPECIAL STATE STATUTE Consensus of Council was to wait until the Spring and appoint a Charter Review Committee to discuss this issue various other issues as charter amendments. UPDATE ON ACKER V. CITY OF HUNTSVILLE Mr. Bounds stated that the court has denied the extension of time for the Ackers' brief. An order from the court has issued dismissing the suit. STATUS OF PINES AND SANTE FE APARTMENTS Attorney Ed Schulze stated that he was representing the owners of the Pines Apartments. There was a division ownership in 1983 separating the front section from the back section. In the late 1980's these two sections were taken over by R'. and later Mr. Schulze's clients bought Phase I and Mr. Sam Dominey bought Phase II. Several months ago, his clients received a letter from the City stating that this property was a part of an illegal subdivisic and threatened that City services and permits could be held until the matter resolved. They= upset and concerned that their wa could be turned off at any time. When these owners bought the property, there was no notice of an impending problem with t apartments. City Attorney Scott Bounds had suggested that the owners apply to the Planning Commission for a variance. Mr. Scholl does not feel this is a reasonable solution. He asks Council to consider the matter and possibly avoid litigation on this issue. Mr. Pipes stated that the City is interested in straightening out these problems (existing for a long time, but not with C n CITY COUNCIL MEETING OF DECEMBER 14, 1993 BOOK "R" 261 ' knowledge), allowing the City to provide for the necessary health, safety and welfare, and access to both tracts for traffic and utilities. If the front section was sold and a fence put around the property, it would preventing the back section from being accessed. Mr. Schulze stated that a permanent access easement was filed of record in 1991. Mr, Pipes stated that there is part of a building and !! some landscaping over the easement and these problems need to be worked out. Mayor Hodges suggested that Mr. Schulze, Mr. Pipes and Mr. Bounds sit down and discuss alternatives that would be in the best interest of all parties involved. CITY COUNCILMEMBER ACTION 1. Consider an Interlocal Agreement by the E.M.S. Board of Directors, as presented by Dan Davis. City Elected Representative. Councilmember Davis stated that the E.M.S. Board had met and approved the new Interlocal Agreement for E.M.S. This is substantially the same agreement approved by Council. The Board has made the Medical Advisor a non - voting ex officio member instead of a voting member. !� Councilmember Davis made the motion to approve the E.M. S. Interlocal Agreement, and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. 2. Consider a request to hold a public hearing relative to Huntsville Cable's Spanish language channel. Councilmember Carter stated that he had received several calls regarding the quality of the Spanish channel on Cable TV. He would like a work session to explain what authority City Council has regarding Cable TV and to schedule a public hearing to discuss changes in programming. Councilmember Carter made a motion to conduct a work session in conjunction with a public hearing regarding Cable TV channel selection between February 1 and 15, and Councilmember Davis seconded the motion. All were in favor except Mavor Hodges. The motion passed 6 -1 Wal -Mart Site Preparation. Councilmember Carter was concerned that the Wal -Mart site preparation was proceeding on land not ' owned by Wal-Mart. Mr. Pipes stated that Wal-Mart was filling the holes and leveling the adjacent property. Mr. Wilder stated that the permits had been filed to move the dirt to the adjacent property. Charlie's Used Cars. Councilmember Carter stated that he would like to consider several issues in regards to the car lot; 1) the brightness of the lights, and 2) the buffer zone requirements. He feels the City should regulate the brightness of lighting in or adjacent to residential neighborhoods and would also like the City to consider adding more buffer to the greenspace at the car lot free of charge. Spring Site. Councilmember Gaines stated that the Spring site looks very nice and encouraged citizens and Council to go and see the site. Happy Holiday Season. Councilmember Luring wished everyone a happy and safe holiday season. Police Department. Councilmember Lange stated that there seems to be a misconception even on Council regarding the staffing at the Police Department. He stated that the vote recently was not whether or not to add two policemen, but rather to approve or disapprove a grant application from the Federal Government. None. MEDIA ADJOURNMENT Danna Welter, City Secretary