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MIN CC 02/14/1995CITY COUNCIL MEETING OF FEBRUARY 14, 1995 BOOK "R" 341 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF FEBRUARY, 1995, 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 William B. Green, Mayor Ann James Officers: Dan S. Davis Jim Carter Gene Pipes, City Manager Harold Norton David Martinez Danna Welter, City Secretary , Marjorie Rex Dave Luning Scott Bounds, City Attorney Ronald L. Lange JoAnn Matthews CITIZEN INPUT /INQUIRY 1. Charles Smither, Jr. Mr. Smither stated that there is not a sign at the Sam Houston Statue Visitor's Center indicating it as such, only a sign stating Chamber of Commerce. He also stated that there is a dumpster in an improper location at the Visitor's Center and asked if there are special conditions for this location or if the dumpster would be moved. Mr. Smither stated that regarding dilapidated structures, he feels that action on a complaint basis leave much to be desired and asked that Council reconsider this process. Health, safety, and welfare should take precedence in the priority listing for demolition. He also felt that consideration should be given to saving any property that is worth salvaging. Mayor Green stated that regarding the Visitor's Center, he would refer these items to staff and regarding the demolition process, he has asked staff to establish a priority ranking in regard to demolition and it would be reviewed by City Council. 2. Larry Zink. Mr. Zink stated that across from the street from his home there is a fraternity that parties on a regular basis. He stated that he calls the Police Department on an average of 1 1/2 times per week with noise complaints. Most of the time, the Police come and speak to the residents and the problem is taken care of, but last week he called the Police Department and was told that an officer was stationed at the fraternity. This officer was hired by the fraternity for security. He asked that when an officer is at a private party being paid by them to keep control of the party, whose interests does he serve, the residents who can't sleep due to the noise, or the party attendants. Mr. Zink would like Council to consider an ordinance regarding "sub- woofers ", anew technology of boom boxes. These devices were used as weapons during the Gulf War and also during the siege in Waco. Even when the stereo is turned down, the vibration still travels. Mayor Green stated that these two problems would be referred to staff with recommendations to follow. Councilmember Lange stated that the president of the University fraternities had come to Council in the past year and stated that the fraternities would like to develop a positive relationship with the City of Huntsville and that he was available if the City needed him for anything. He suggested the staff contact this gentlemen and relate these problems. INVOCATION Invocation by Brother Weldon Blake, Church of Christ. CONSIDER THE MINUTES OF JANUARY 24, 1995 Councilmember Rex made the motion to approve the minutes of January 24, 1995, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. RECEIVE AND CANVASS THE RESULTS OF TIDE FEBRUARY 11, 1995, RUNOFF ELECTION AND CONSIDER ORDINANCE 95 -2 -14.1 CERTIFYING THE RESULTS OF THE ELECTION Councilmember Norton made the motion to approve Ordinance 95 -2 -14.1 certifying the results of the Runoff Election 1 of February 11, 1995, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. L _ CITY COUNCIL MEETING OF FEBRUARY 14, 1995 BOOK "R" 342 ORDINANCE NO. 95 -2 -14.1 AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 11TH DAY OF FEBRUARY, 1995, FOR THE II PURPOSE OF ELECTING COUNCH,MEMBER, WARD FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. i u PRECINCT HAROLD L. NORTON ANN EARLY 70 205 94 ]428i 401 109 TCYrATA Total voters casting ballots in Early Voting - 156, 19 percent of total; Total voters casting ballots in Precinct 205 - 522, 65 percent of total; Total voters casting ballots in Precinct 401 - 130, 16 percent of total. TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 808* TOTAL NUMBER OF REGISTERED VOTERS - 205 TOTAL NUMBER OF REGISTERED VOTERS - 401 TOTAL NUMBER OF REGISTERED IN WARD 4 PERCENTAGE OF REGISTERED VOTERS WHO VOTED 1249 2047 3,296 ** 25% * Voters in the newly annexed areas (except Elkins Lake, Box 205) are counted in their new City precinct. * *Elkins Lake (205) is the only area annexed by the City in September listed in the total number of registered voters. ADMINISTRATION OF OATH OF OFFICE City Secretary Danna Welter administered the oath of office to Ann James, Councilmember Ward 4. Mayor Green recessed the meeting into a reception to honor outgoing Councilmember Harold Norton. ' Councilmember Norton was presented with a plaque commemorating his years on Council, a City scrapbook, and a cap.', CITY COUNCIL MEETING OF FEBRUARY 14, 1995 BOOK "R" 343 ATTENDING CITIZENS �! �l Boettcher Mill area citizens group spokesperson, Mr. Bill Thomlinson to speak concerning [he Mill Commissary Building. Mr. Thomlinson stated that he was representing a Pines Avenue neighborhood watch. About June or July of last year this watch was formed to deal with the crime issues in the neighborhood. The Police Department has responded and become more visible in the neighborhood and crime has dropped in the last few months. The neighborhood committee meets regularly and is redirecting its focus to why crime is in the neighborhood. The Boettcher's Mill Commissary is in the neighborhood and is in bad need of repair. It is a gathering for gangs and criminals. There is also a health concern, there are numerous rats and rodents around the building. Several fires have been started II at the building. The committee has been told that as far as restoration, there are no funds or grants forthcoming. They would like to see the building removed. The committee would like to see a park on that location in the future. Mayor Green thanked Mr. Thomlinson and the residents at the meeting for bringing this issue forth. He stated that his recommendation would be to allow two weeks for someone to come forth who would like to take the material and take ownership. If that does not happen, he is prepared to recommend to Council to remove the building. Councilmember Carter made the motion to allow a two week period for citizens interested in demolishing /removing the Boettcher's Mill building to come forward, then the City will begin demolition proceedings, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE PRESENTATION OF THE FY 1993 -94 FINANCIAL REPORT PREPARED BY BICKLEY, PRESCOTT & COMPANY Mr. Bickley presented City Council with the FY 1993 -94 financial report and management letter. He commended the City of Huntsville staff and Council for their assistance and on their financial management. The City of Huntsville is ' the "cleanest" company they audit. Councilmember Davis made the motion to accent the FY 1993 -94 Financial Report, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A - CONTRACT WITH FORWARD EDGE, INC., FOR ALCOHOL AND DRUG TESTING Mr. Schindler stated that Forward Edge, Inc., provides professional services to businesses (including T.D.C.J.) and cities for drug and alcohol testing required by the Texas Department of Transportation on commercial drivers. The City currently employs approximately 65 CDL employees. Mr. Pipes stated that staff is in the process of discussing the issue of testing all employees instead of only the CDL employees as required by TDOT. Consensus of Council was to only test the employees as required by the Texas Department of Transportation. Councilmember Lummz made the motion to authorize the City Manager to enter into a contract with Forward Edge. Inc., for alcohol and drug testing, and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. CONSIDER DOWNTOWN REVITALIZATION PROJECT PHASE II 1. Consider a proposal to incorporate a limited amount of wall preparation in conjunction with the mural art to be paid from the Meadows Foundation grant funds, and authorize the City Manager to enter into a contract with Thomas Street Studios in the amount of $92,400 to paint the trompe -loi designed under the supervision of Richard Haas. Mr. Schindler stated that staff needs Council approval to enter into a contract with Thomas Street Studios for the art work on the downtown project. The amount listed would be with the maximum participation. ' Councilmember Lange made the motion to allow the City Manager to enter into a contract with Thomas Street Studios in an amount not to exceed $92,400, and Councilmember Rex seconded the motion. A vote was taken. All were in favor except Councilmember James who abstained. The motion passed 8 -1. [NOTE: Abstentions are counted as no votes.] CITY COUNCIL MEETING OF FEBRUARY 14, 1995 922 344 2. Approval of a line item change in the Phase D budget which would allow Meadows grant funds to be expended prepare the walls, in addition to executing the paintings, on the participating buildings, and approval to allow grant if a balance is available, to be expended for up to 50% of the painting cost of only three additional strong - impact bui motion. All were in favor and the motion passed unanimously CONSIDER THE QUARTERLY REPORTS, BUDGET ADJUSTMENTS FOR THE PERIOD ENDING DECEMBER 31, 1994, THE ANNUAL ACCOUNTING OF THE POLICE DEPARTMENT DRUG FUND, AND THE JANUARY TAX REPORT WITH ADJUSTMENTS TO THE TAX ROLL and Councilmember Luning seconded the motion. All were in favor and the motion passed unanimously in favor and the motion passed unanimously. CONSIDER ALTERNATE PLANS FOR FISH HATCHERY ROAD- MOCKINGBIRD LANE FIRE PROTECTION Mr. Wilder stated that at Council's direction, staff has researched the Fish Hatchery Road - Mockingbird Lane fire'I protection and offer a plan in three (3) phases. The cost analyses on Phases B and II have not been completed.' Mr. Wilder stated that a fire hydrant can be placed on Mockingbird Lane as proposed in Option A of Phase I and'! offer fire protection to "some" residents on that street or, we can place a fire hydrant on Mockingbird Lane as proposed in', Option B of Phase I and offer fire protection to a larger number of residents. In both cases, some residents on Mockingbird''.' Lane will not have fire protection until Phase B is installed. Phase II offers an upgrade of the existing water system with an 8" line along Fish Hatchery Road to Mockingbird' Lane to connect with a 6" line. This phase would provide fire protection along Fish Hatchery Road to Mockingbird Lane'. and would also improve the pressure and Bow to the entire water system in this area. Phase III offers fire protection to the remainder of the Fish Hatchery Road area. The 8" line would be extended) l on Fish Hatchery Road from Mockingbird Lane to the City limits, to extend 6" lines to provide fire protection on Mimosa" Lane and Simmons Street, and to connect the existing 6" lines on Bluebird and Redbird Lanes. CONSIDER STREET LIGHTING FOR THE CREEKVIEW SUBDIVISION ON FM 980 IN THE ESTIMATED AMOUNT OF $4,525 Several Councilmembers asked if other areas in the City were being considered for street lights. Mr. Wilder stated'.' that all the newly annexed areas are being reviewed at this time. The data on this subdivision had been completed and reviewed with the electric company involved. Mr. Wilder stated that staff recommends the funding source to be the reserve', for future allocation in the General Fund. Councilmember Rex made the motion to approve the street lighting for the Creekview Subdivision on FM 980 in',', the estimated amount of $4,525. and Councilmember Davis seconded the motion All were in favor and the motion passed'') unanimously. Councilmember Martinez asked about a street light that was requested on Old Houston Road. Staff stated that discussion has taken place between the City and Entergy on this light. Mr. Wilder stated that he would check the status.] Councilmember Matthews stated that she felt staff should consider street lighting in high crime areas and all areas' within the City with poor lighting. r CITY COUNCIL MEETING OF FEBRUARY 14, 1995 BOOK "R" 345 CONSIDER AMENDMENTS TO THE WRECKER ORDINANCE AND RATE STRUCTURE (1 Mr. Bounds stated that an amended ordinance to truck ordinance is presented for Council's review and consideration. i! The ordinance changes in two sections; 1) adding a section that states "each tow truck permitted shall be stationed within ,�. the corporate limits of the City of Huntsville or its extra - territorial jurisdiction (ETJ); and 2) amending the section on the maximum fees that may be charged. Councilmember Carter made a motion to approve the wrecker ordinance, and Councilmember Lange seconded the motion. Councilmember Martinez stated that he had a conflict of interest and would not participate in the vote. Councilmembers noted that the fee for all police directed tows was being increased from $35.00 to $55.00. Mr. Pipes stated that the wrecker drivers submitted their proposed fees and these are the fees listed in the ordinance. After Council discussion, it was the consensus of Council to refer this ordinance back to Staff with directions revisit to with the wrecker association in an effort to reduce the $55.00 tow amount. Councilmember Davis made a motion to table the wrecker ordinance, and Councilmember Luning seconded the motion. All were in favor except Councilmember Carter. The motion passed 7 -1. NOTE: Councilmember Martinez did not vote due to conflict of interest. CONSIDER ORDINANCE 95 -2 -14.2 AMENDING THE ELECTRICAL CODE AND ORDINANCE 95 -2 -14.3 AMENDING THE FIRE CODE AS RECOMMENDED BY THE BOARD OF ADJUSTMENTS AND APPEALS Councilmember Luning made the motion to approve Ordinance 95 -2 -14.2 amending the Electrical Code, and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. Councilmember Luning made the motion to approve Ordinance 95 -2 -14.3 amending the Fire Code, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. ' CONSIDER A GRANT FOR COMMUNITY POLICING FROM THE JUSTICE DEPARTMENT ON "FAST APPLICATION" PROCEDURE IN THE AMOUNT OF $69,000 FOR THREE OFFICERS, THREE YEARS, 75/25 BASIS REQUIRING $23,000 LOCAL MATCH Councilmember Carter made the motion to approve an application for a grant for community policing from the Justice Department, and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT 1. Consider the City Manager's appointment to a T.N.R.C.C. Advisory Board. Mayor Green stated that T.N.R.C.C. had asked Mr. Pipes to accept an appointment to their advisory board, and he felt it would give the City of Huntsville an opportunity to have a voice there. Mr. Pipes stated that he had received a call from a staff member at T.N.R.C.C. indicating that the new Executive Director, Dan Pierson, wanted the commission to be more user friendly to the entities they served. This committee was formed of elected officials, appointed officials, staff from various cities, management personnel, etc. Councilmember Luning stated that this will be good opportunity, with Mr. Pipes' being response to Council's input. This should give the entire area a line into the T.N.R.C.C. Councilmember Luning made a motion to approve Mr. Pipes' appointment to a T.N.R.C.C. Advisory Board, and Councilmember Davis seconded the motion. Councilmember Carter stated that he would oppose this appointment. He does not feel that Mr. Pipes' has the environmental sensitivities necessary to be in this position. He felt that he or someone else should be the appointed member to the Advisory Board. Councilmember Carter made a motion to table this item, and Councilmember Martinez seconded the motion. A vote was taken. Councilmembers Carter and Martinez voted for. and Councilmembers James, Davis. Lange, Rex, Matthews and ' Luning, and Mayor Green voted against. The motion failed 2 -7. Councilmember Carter made a motion to appoint J. D. Schindler to the T.N.R.C.C. Advisory Board, and Councilmember Martinez seconded the motion. A vote was taken. Councilmembers Carter and Martinez voted for, and Councilmembers James, Davis. Lange, Rex, Matthews and Luning, and Mayor Green voted against. The motion failed 2 -7. CITY COUNCIL MEETING OF FEBRUARY 14, 1995 BOOK "R" motion passed 7 -2. 2. Consider the annual calendar and Council /Staff orientation date. Mayor Green stated that an annual calendar has been presented and asked for input regarding a date for Council /Staff orientation date. Consensus of Council was to hold the orientation on March 18th. 3. Consider a request for comments concerning the permit application of Darrell Dickey, Inc to operate a MSW 7 I Landfill, eight miles east of Huntsville pending approval of HGAC Projects Review and T.N R.0 C Mayor Green stated that he had sent a letter to HGAC supporting the permit application of Darrell Dickey, I to operate a MSW Type I Landfill. With Council's approval and concurrence, a similar letter would be sent to T.N.R.C.C. Consensus of Council was to approve the permit application. 346 CITY COUNCILMEMBER ACTION 1. Ron Lange: Consider a request to Texas D.O.T. to postpone a public meeting scheduled for March 7, 1995, discuss proposed route designs for the extension of F.M. 1791, at the Walker County District Court Room, due to potent conflicts with the Spring Break period scheduled by S.H.S.U. and H.I.S.D. Mayor Green stated that he had talked to the Texas D.O.T. and notice had already been given for the March 7, 1S meeting, but they would be glad to conduct a work session jointly with the City of Huntsville at the next opportunity. MEDIA INQUIRIES ADJOURNMENT �/ II (�Danna Welter, City Secretary C I