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MIN CC 09/13/1994CITY COUNCIL MEETING OF SEPTEMBER 13, 1994 BOOK "R" 314 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF SEPTEMBER, 1994, IN THE 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 Officers: Dan S. Davis Harold Norton Marjorie Rex Ronald L. Lange JoAnn Matthews David Martinez Dave Lotting Jim Carter CITIZEN INPUT /INQUIRY Gene Pipes, City Manager Danna Welter, City Secretary Scott Bounds, City Attorney Letter from Barry Hawes. Mayor Hodges read a letter he had received from Mr. Hawes requesting that City Council not annex the Highway 30 East area. He also requested that regarding the budget, "the City slash the Library completely as well as the aerial photography ". Bonnie Stroh. Ms. Stroh stated that she lived in the City of Huntsville and was against annexation. She felt that an organized, well thought out, financially economical plan should be considered before annexation takes place. Tom Camfleld. Mr. Camfield stated that he lives on Shady Lane and the City should take care of its current residents before annexation is contemplated. Chutes Smither, Jr. Mr. Smither spoke in opposition of annexation. Burke Huber. Mr. Huber stated that if the areas, including Elkins Lake, are annexed, the citizens should learn to be neighbors instead of adversaries. REGULAR SESSION - CALL TO ORDER INVOCATION Invocation by Ron Sumter, First Christian Church. CONSIDER THE MINUTES OF AUGUST 23, 1994 Councilmember Rex made the motion to aourove the minutes of August 23. 1994, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONVENE A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ABANDONMENT OF CRAWFORD LANE RIGHT -OF -WAY SOUTH OF SAM HOUSTON AVENUE FOR 240 FEET Mayor Hodges opened the Public Hearing regarding the abandonment of Crawford Lane. ii Mr. Bounds stated that the Sonic Drive -In has requested that the City abandon Crawford Lane to accommodate additional I! development. The City staff has published notice of intent to abandon that put of Crawford Lane and have contacted the abutting'] property owners. Mr. Smither stated that the C.A.D. appraises property in that area at $1.50 per foot which amounts to $10,800 }ie y io4mes. He feels the City should not abandon the Lane, but perhaps sell the property. Mr. Gallaway stated that he was the owner of 2 acres of property that will be landlocked if Crawford Lane is closed.!i He is opposed to the abandonment of Crawford Lane. Mr. Day, representing Sonic Drive -In, stated that they intend to put in a recreational facility on property adjacent to their location. They did not realize that they would be land locking property owners. Mr. Day requested more time to try and come up with other solutions. Mayor Hodges recessed the Public Hearing until the October City Council Meeting. 1 i CITY COUNCIL MEETING OF SEPTEMBER 13, 1994 BOOK "R" 315 CONTINUE THE PUBLIC HEARING TO RECEIVE COMMENTS ON THE PROPOSED FISCAL YEAR 1994 -95 BUDGET AS ADJUSTED AND SUMMARIZED I Mayor Hodges reconvened the Public Hearing on the 1994 -95 budget. Ms. Allen stated that she has prepared a summary of the adjustments made to the 1994 -95 budget in memorandum form, including the 3% pay adjustment, the Personnel Committee recommendations for Charter officers, and recommended decision packages, etc. Mr. Abbott stated that $190,000 is listed in the budget to do a study for the sewer project in the Fish Hatchery, and an !. additional amount of money set aside to do the project - do these monies have to be approved by Council before allocation. Ms. Allen stated that City Council would have to approve the funds prior to any work being done and elect the funding mechanism. Mayor Hodges closed the Public Hearing. CONSIDER ORDINANCE 94 -09 -13.2 ADOPTED THE BUDGET FOR FY 1994 -95 Councilmember Uniting made the motion to approve Ordinance 94 -09 -19.2 adopting the budget for FY 1994 -95, and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 94-09 -13.3 ADOPTING THE TAX RATE AT $0.3844 PER $100 OF ASSESSED VALUATION FOR PROPERTY LOCATED WITIHN THE CITY LIMITS Councilmember Norton made the motion to approve Ordinance 94-09 -13.3 adopting the tax rate at $0.3844 per $100 of assessed valuation and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. ANNEXATION i Councilmember Liming stated that he would vote for annexation if the needs (City services) can be met at a reasonable ' cost, otherwise he will vote against annexation. In general, he does not feel this is a well thought out annexation plan. He feels many areas have substandard infrastructure, most have water lines that will not support fire hydrants, the roads are not in good shape and sewer systems are non existent. Councilmember Carter stated that he supported Councilmember Luning's statements. He stated that most neighborhoods will not receive the services promised or if they do, the City will absorb more debt than they will get in taxes in return. He feels the City should have a 20 or 30 year annexation plan. Councilmember Matthews stated that she will vote no on Southwood since the residents do not want to be annexed; she will vote yes on the Highway 75 South area; she will vote no on the Elkins Lake area because of the Elkins Lake debt and would not want to hire the district office manager or assume Elkins Lake debt; she will vote against annexation on Highway 30 West due to the majority of the residents that do not want to be part of the City of Huntsville; she will vote no on Highway 75 North since it is not to the advantage of the City since the commercial businesses will be placed in hardship; she will vote no on F.M. 2471980 since the residents do not want to be annexed and there are very few services available in this area; she will vote no on the Highway 30 East area since if annexed would cost the City a large amount of money and the residents do not want to be a part of the City; she does not feel that Badger, Johnson and Geneva Roads should be considered together and will vote against annexation since the residents do not want to be part of the City. Councilmember Davis stated that City Council is being asked to vote on eight separate areas, each of which has its own characteristics. The logic behind annexation is essentially the same for each of the areas. He stated that he intends to vote for annexation in all the areas because he feels that it is essential to the long term health of the entire community. He stated that he understands the strong feelings against annexation that have been expressed. Many have questioned the benefits to be received but none have talked about the benefits already received by living in close proximity to the City. If you live close a City, you are subject to eventual annexation. Councilmember Davis stated that in his opinion it is time to take the step and take these areas in the City so they can fully participate with the rest of us in making this an even better community. Councilmember Davis stated that after annexation, the City's master plan will need to be revised to take care of the newly annexed areas. He expects a new capital ' improvements plan to be submitted to be presented to the voters in the near future. Councilmember Norton stated Councilmembers have to look past today and into the future of our City. The votes taken will be based on the good of the City rather than individual complaints and increase in taxes. Councilmember Lange stated that he has attended every public hearing and has listened to the residents- He was originally against annexation, but since listening to the residents and hearing what services they receive from the City already, he has changed his mind and will vote for annexation. Most of these same residents use the City of Huntsville's recreational facilities for their CITY COUNCIL MEETING OF SEPTEMBER 13, 1994 BOOK 'R" 316 children, call the Huntsville Fire Department if needed, eta I CONSIDER ORDINANCE 94 -09 -13.4 AUTHORIZING THE ANNEXATION OF AREA (1) ' SOUTHWOOD DRIVE, INTO THE CORPORATE LIMITS OF THE CITY Councilmember Davis made the motion to approve Ordinance 94 -09 -13.4, authorizing the annexation of Southwood Drive. �! and Councilmember Lange seconded the motion. Councilmembers Davis. Lange, Martinez, Rex, and Mayor Hodges voted for,I! and Councilmembers Matthews, Luning, Carter and Norton voted against. The motion passed 5 -4. iI 8 -1. CONSIDER ORDINANCE 94 -09 -13.5 AUTHORIZING THE ANNEXATION OF AREA (2) HIGHWAY 75 SOUTH, INTO THE CORPORATE LIMITS OF THE CITY Councilmember Norton made the motion to approve Ordinance 94 -09 -13.5, authorizing the annexation of Highway 75 CONSIDER ORDINANCE 94 -09 -13.6 AUTHORIZING THE ANNEXATION OF AREA (3) ELKINS LAKE, INTO THE CORPORATE LIMITS OF THE CITY for, and Councilmembers Matthews, Luning and Carter voted against. The motion passed 6 -3. CONSIDER ORDINANCE 94 -09 -13.7 AUTHORIZING THE ANNEXATION OF AREA (4) HIGHWAY 30 WEST, INTO THE CORPORATE LIMITS OF THE CITY West, and Councilmember Rex seconded the motion. voted for. and Councilmembers Luning. Matthews and Carter voted against. The motion passed 6 -3. CONSIDER ORDINANCE 94 -09 -13.8 AUTHORIZING THE ANNEXATION OF AREA (5) HIGHWAY 75 NORTH, INTO THE CORPORATE LIMITS OF THE CITY Homes voted for, and Councilmembers Carter and Matthews voted against. The motion passed 7 -2. CONSIDER ORDINANCE 94 -09 -13.9 AUTHORIZING THE ANNEXATION OF AREA (6) F.M. 247/980, INTO THE CORPORATE LIMITS OF THE CITY Councilmember Davis seconded the motion. Councilmembers Rex, Davis, Norton, Martinez, Lange, and Mayor Hodges voted for,'. and Councilmembers Carter, Luning and Matthews voted against. The motion passed 6 -3. CONSIDER ORDINANCE 94 -09 -13.10 AUTHORIZING THE ANNEXATION OF AREA (7) HIGHWAY 30 EAST, INTO THE CORPORATE LIMITS OF THE CITY Councilmember Lange made the motion to approve Ordinance 94 -09- 13.10, authorizing the annexation of Highway 30', East, and Councilmember Rex seconded the motion. Councilmembers Lange Rex, Davis and Mayor Hodges voted for, and'. Councilmembers Carter, Norton, Martinez, Matthews and Luning voted against. The motion failed 4 -5. CONSIDER ORDINANCE 94-09 -13.11 AUTHORIZING THE ANNEXATION OF AREA (8) , BADGER ADDITION, JOHNSON ROAD, HIGHWAY 190 /GENEVA ROAD, INTO THE CORPORATE LIMITS OF THE CITY ii CITY COUNCIL MEETING OF SEPTEMBER 13, 1994 BOOK "R" 317 Lange Rex and Mayor Hodges voted for, and Councilmembers Luning, Matthews, Martinez and Carter voted attains[. The motion �.! passed 5 -4. CONSIDER ORDINANCE 94-09 -13.12 REDISTRICTING COUNCIL WARDS i TO INCLUDE NEWLY ANNEXED TERRITORY City Attorney Bounds stated that given the action of City Council, the ordinance will be modified to delete the Highway 30 East area (Exhibit C). Councilmember Luning made the motion to approve the amended Ordinance 94 -09 -13.12 redistricting Council wards to include newly annexed territory, and Councilmember Lange seconded the motion. All were in favor except Councilmembers Carter and Matthews. The motion passed 7 -2. I CONSIDER RESOLUTION 94 -09 -13.1 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION -! TO THE TEXAS COMMUNITY DEVELOPMENT PROGRAM ., Mr. Wilder stated that the targeted area for this grant (sewer service) will be the Tall Timbers area. Two public hearings have been held on this grant. Staff is requesting City Council approve this Resolution to allow an application to be submitted in the amount of $350,000. The City will be participating in the amount of $70,000 from the utility fund. Councilmember Luning made the motion to approve Resolution 94 -09 -13.1 authorizing the submission of a grant application to the T C D P , and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE FISH HATCHERY AREA SEWER SURVEY RESULTS Mr. Wilder stated that as City Council instructed and with Bill Abbott's assistance in writing, a sewer survey was sent out to the residents of Fish Hatchery (117 residences). A copy of the results of the survey are at each Councilmember's place. Of the 117 surveys sent out, 62% responded; 36% of the ones that responded indicated that they would participate in the project, 54% declining to participate and 9% with various responses. Staff is requesting direction from Council Mayor Hodges stated that there is a strong feeling that this area of town needs sewer service. He is requesting that staff explore some innovative ways to allow sewer service (on a participating basis) in a cost effective amount. CONSIDER A REQUESTED EASEMENT FROM THE CITY BY SATURN GAS Mayor Hodges stated that Saturn Gas has asked for this item to be postponed. CONSIDER ACCEPTANCE OF YEAR 1 FUNDING IN THE AMOUNT OF $57,108 FROM THE GOVERNOR'S CRIMINAL JUSTICE PLANNING FUND FOR A BICYCLE PATROL UNIT Councilmember Luning made the motion to accept a grant from the Governor's Criminal Justice Planning Fund for a bicvcle patrol unit in the amount of $57.108, and Councilmember Lange seconded the motion. Councilmember Luning asked if this was a one year grant. Chief Eckhardt stated that this is a one year grant that the Governor's office has stated that would be reviewed in six months and is eligible for refunding for additional years. Councilmember Matthews asked if this grant would add two additional officers and Chief Eckhardt stated that two experienced officers would be transferred to this unit and two new officers hired. She stated that she would like to see an African American female added to the force. A vote was taken All were in favor and the motion passed unanimously. CONSIDER ORDINANCE 94 -09 -13.13 RATIFYING THE HOTEL/MOTEL TAX RATE OF 7% Councilmember Rex made the motion to approve Ordinance 94 -09 -13.13 ratifying the hotel -motel tax rate of 7 %, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE AUGUST MONTHLY TAX COLLECTION REPORT AND ADJUSTMENTS TO THE LEVY AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Councilmember Davis made the motion to approve the August monthly tax report and adiustments to the levy, and Councilmember Norton seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BID 94 -18, ANNUAL CONTRACT FOR UNIFORM RENTAL, TO RUS OF CONROE IN THE AMOUNT OF $4.23 PER EMPLOYEE PER WEEK Councilmember Luning made the motion to approve Bid 94 -18, annual contract for uniform rental to Rus of Conroe in CITY COUNCIL MEETING OF SEPTEMBER 13, 1994 the amount of $4.23 per employee per week and Councilmember Matthews seconded the motion. All were in favor and the mono passed unanimously. f I MAYOR'S ACTIVITY REPORT Mayor Hodges pledged on behalf of City Council, the City and Staff to provide all services as listed in the service plan and for the City to go beyond that. He welcomed all new citizens to the City. CITY COUNCILMEMBER ACTION Overtime Pay. Councilmember Carter stated that he had been to the landfill and some employees were concerned about the pay policy. These employees working 10 hours, 4 day weeks felt they were losing money under the amended personnel He asked staff for a review of the revisions. Homecoming Parade. Councilmember Carter stated that a student from the High School told him that the school could not a homecoming parade this year because the City was cutting back on police overtime. Staff stated that this was false. Zach's Demolition, Councilmember Carter asked if this building was on the list of historical structures. J. D. stated that perhaps!1 it is on the 50 year list. Councilmember Carter asked if there are any procedure whereby which we take into account that buildings, are listed on the historical survey before destruction. Mr. Pipes stated that a permit is required for demolition of buildings and the property owner is informed if a structure is on the historical survey. Councilmember Carter asked if the City was aware of where) the old materials from the demolished building were taken and if the City has any regulatory authority. He also asked if the City! ! inspects for asbestos. Mr. Pipes stated that he would check and report back. �I City Manager Approved Purchases. Councilmember Cuter stated that there were three expenditures relating to the statue project: and asked which budget these purchases were to be paid from. Mr. Pipes stated that the concrete and steel would be taken froth,! donated funds and the tree cutting would be taken from the total available funds from the hotel -motel funds and donated funds.! !i Chamber Budget. Councilmember Carter stated that he has heard that the Chamber is attempting to hire an employee at a salary. of $30,000 to $35,000 for the visitor's center. When the budget was presented there was $80,000 in personnel costs for four'! employees. Mr. Pipes stated that he has seen no adjustment to the visitor's center budget. Transfer Trucks. Councilmember Carter stated that he has heard that some of our new trucks are already experiencing down town.'. Mr. Pipes stated that staff would provide information on the down town. i� Hotel -Motel Arrears. Councilmember Luning asked if any hotel - motels were in the arrears and if appropriate action had been taken. Mr. Bounds stated that one hotel is delinquent and will take action. Historical Areas. Councilmember Matthews stated that the fraternity downtown should be made aware that they are in a City area and should be kinder to the businesses in the area. Headstart Open House. Councilmember Matthews invited all Councilmembers to the Open House for the new Headstart to be held.',. on Friday at 11:00 a.m, Police Recruiting. Councilmember Matthews stated that she feels the Police Department has a great recruiting program but feels', there are African American females qualified. (1 Open Meetings. Councilmember Matthews stated that to prevent problems in the future related to open meetings, Council be made;' I� more aware of agenda items in as much advance as possible. Smith Hill Clean Up. Councilmember Matthews complimented City staff on the clean up on Smith Hill Road. E.M.S. Contract. Councilmember asked if the other two entities had acted upon the new E.M.S. contract. It was not known this time. ■ CITY COUNCIL MEETING OF SEPTEMBER 13, 1994 BOOK "R" 319 y� Signaee. Councilmember Lange stated that signs being put on utility poles. He asked that City staff inform these individuals that this is in violation of the law. Mayor Hodges asked Chief Eckhardt to monitor this activity. MEDIA Paul Sturrock, Item Reporter, asked if it is learned that a construction company is illegally disposing of building debris and burning this debris in Walker County, would that influence whether or not that company gets further City business. Mayor Hodges stated that this was a private contract (Zach's demolition) and was not doing business for the City of Huntsville. ADJOURNMENT Danna Welter, City Secretary