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MIN CC 08/08/1995CITY COUNCIL MEETING OF AUGUST ,8 1995 BOOK R" 385 IT--- ' MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF AUGUST, 1995, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. i The Council met in regular session with the following members present: COUNCILMEMBERS: William B. Green, Mayor Dave Luning Officers: Dan S. Davis JoAnn Matthews Gene Pipes, City Manager Ronald L. Lange Jim Carter Danna Welter, City Secretary Marjorie Rex Ann James Scott Bounds, City Attorney ABSENT: David Martinez Mayor Green presented honorary citizenship and gifts to a delegate of Junior High School students from our Sister City Niiharu Village, Japan. CITIZEN INPUTANQUIRY 1. Jimmy D. Lone, Winter Way, Mr. Long stated that he is the President of the Spring Lake Estate Association and was here to discuss an item listed on the agenda - "restoration of flowage to McDonald Creek between Autumn Drive and Winter Way." He informed City Council that the Association has studied this issue in the past and is not in favor of seriously altering the creek by dredging. There is a silting problem in the creek, but feels the City should seek a more permanent solution (banks built up, etc.). It has been said that the silting is coming from some property owned by Dawson Sand Company upstream, but that property drains into another creek other than McDonald Creek. 2. Lee Ann Wakefield. Winter Way. Ms. Wakefield stated that she hopes that the City takes care of the problems regarding McDonald Creek since the City owns the property. The silting is moving into Spring Lake and she and her family swim in the lake daily during the warm weather months. She moved to Huntsville because it is a progressive city and feels confident that the City officials will take care of the problems occurring in the creek. 3. Gwen Ritter. Grandperson Center. Ms. Ritter requested that the City waive the water, sewer and garbage bills (approximately $500 per year) and pay their Entex bill (approximately $385 per year) for the Grandperson Center. With this $885 being freed up from their budget, the Center would be able to furnish an additional five elderly citizens with homebound meals. At this time there are 30 people on awaiting list for homebound meals. The Center would like to increase its services but cannot due to lack of funding Rom other sources. Mayor Green stated that there would be a budget discussion following the meeting and this request would be considered. Councilmember Rex asked if Ms. Ritter had approached the County. Ms. Ritter stated that yes she was also asking the County for additional funding. INVOCATION Invocation by Deacon Frank Ortega, St. Thomas Catholic Church. CONSIDER THE MINUTES OF JUNE 27 AND JULY 11, 1995 Councilmember Matthews made a motion to approve the minutes of June 27. 1995. and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. NOTE: Councilmember Martinez absent. Councilmember Rex made a motion to approve the minutes of July 11. 1995. and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS 1. M. B. Etheredge. Spring Lake Estates. Mr. Etheredge introduced Mr. Levingston, Mr. Komar and Ms. Briggs who all spoke about the flooding behind their homes and the unlivable conditions they now face with water to their back doors due to the silting in the creek. Each requested Council assistance in taking care of the problem. Mr. Etheredge stated that this has been a friendly meeting and thanked Council for the opportunity to bring these problems to their attention. "There is no excuse for the muddy water running into Spring Lake when there is a very small rain. There are laws on the book that require a slush pit if you are going to dig (to protect other peoples property) and his group wants it enforced The water that is flowing across private property that should be in the creek should be stopped. If action is not started in a reasonable length of time, we plan to file a class action suit against the City and are going to ask for damages that have occurred since the creek filled up. This is not a threat, but a friendly statement. It is only reasonable that the City dig out that creek and restore those peoples property and his own. " OPEN PUBLIC HEARING CITY OF HUNTSVILLE DEVELOPMENT CODE Mayor Green opened the Public Meeting at 6:20 p.m. Mr. Bounds explained the changes made to the Code since the last meeting. 1. Charles Smither. Jr. Mr. Smither stated that he has observed many of the meeting regarding the Development Code and! participated in the work sessions. He feels the overall Code as proposed severely limits the future growth of low income housing in the City. The Code makes many requirements on the developer to provide infrastructure that in the past was provided by the City originally or over a period of time. He estimates that for a fair sized lot (approx. 1/2 acre), the infrastructure costs could be as much or more than $12,500. He feels this will impair the development of lower priced lots in the City. The same thing will occur if' someone tries to subdivide a two -three acre tract of land to provide housing; engineering costs are too expensive for small development. Mr. Smither stated that he has driven wound the City and about one -half of the streets are not curb and gutter. He does not know of program in place to upgrade these substandard streets so they meet the criteria in the proposed Code. He stated that the Code does not allow development in the City that is not similar to Forest Hills, while many cannot afford nor do they want that type of development. On the specific side of the Code, he became interested in the changes concerning leases. Several exemptions have been added to the Code, but he still does not know if his particular situation is covered or not due to lack of definitions in the Code. Mr. Smithey stated that he does not understand why City Council, as the governing body, is desiring to change the wording of some of the parts of the Code to show that "City Council" pay for oversized sewer lines. It lists City Council several times showing that theyI. are responsible for various charges. Another area of concern is that the Code states that the maximum size of a non - residential flag lot be 2 acres. This does not seem right and may need to be addressed. Mayor Green closed the Public Hearing and asked for Council questions. Councilmember Carter stated that Mr. Smtiher should famish engineering with the data he used in figuring the infrastructure costs to see if the costs are correct. He would not want in impose a $12,500 cost to develop property in the City thereby inhibiting the'i development of low income housing. Councilmember Matthews stated that there will be barriers for every person no matter what, but it is Council's responsibility to I I put together the fairest plan possible to all the citizens of Huntsville. Councilmember Liming stated that he looks at the Code not as a barrier to low income housing, but as a barrier to substandard Ij housing. He supports the Development Code and will vote for its adoption. i I, Councilmember Rex asked about the section Mr. Smither referred to about "City Council' being listed. Mr. Bounds stated that I instead of referring to "the City ", the proposed Code tries to address which department/board will be responsible for specific!i' decisions /functions. The sections can be modified to state, ..... the City as determined by the City Council ". Mayor Green stated that Mr. Smither's comments are well taken. The Development Code has made somethings more difficult, but this is an attempt to eliminate substandard infrastructure/housing- Councilmember Davis stated that this is not a radical change in the Code, but a periodic maintenance by the Planning Commission and City Council. The Code was first enacted in 1986 and has served the City well. The City has grown since 1986 and he feels will continue to grow if the changes are adopted. Councilmember Lange suggested that the Code be updated with the changes suggested and voted upon at next week's meeting.', CONSIDER ORDINANCE 95 -8 -8.1 AMENDING THE CODE OF ORDINANCES CHAPTER 30 BY ADOPTING AMENDMENTS TO THE CITY OF HUNTSVILLE DEVELOPMENT CODE Councilmember Carter made a motion to table (until the next meeting) Ordinance 95 -8 -8.1 amending Chanter 30 of the Code b adootin2 amendments to the Develonment Code. and Councilmember James seconded the motion. All were in favor and the motion assed unanimousl CONSIDER ORDINANCE 95 -8 -8.2 AMENDING THE CODE OF ORDINANCES CHAPTER 4, ANIMAL CODE TO NOT CLASSIFY EMUS AS WILD ANIMALS Mr. Bounds stated that emus will be considered to be a fowl (listed as Livestock) and not as part of the ostrich family (listed as Exotic). �I _CITY COUNCIL .MEETING OF AUGUST 8, 1995 BOOK "R" 387 Councilmember James made a motion to approve Ordinance 95-8-9.2 amending the Code of Ordinances Chapter 4 Animal Code to not classify emus as wild animals. and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. r it CONSIDER ORDINANCE 95 -8-8.3 AMENDING THE CODE OF ORDINANCES, CHAPTERS 9 AND 17, TO PROVIDE A LIMITED CREDIT FOR JOINTLY METERED RESIDENTIAL UNITS (APARTMENTS) Mayor Green stated that when an "affidavit of vacancy" is not turned into Customer Service by the deadline for utility credit on vacant apartments, this ordinance allows a 50% credit to be applied on the next month's bill if it is turned in within 25 days. Councilmember Rex made a motion to approve Ordinance 95 -8 -8.3 amending the Code of Ordinances, Chapter 9 and 17 to provide a limited credit for iointly metered residential units ( apartments). and Councilmember Matthews seconded the motion All were in favor and the motion passed unanimously. CONSIDER EMERGENCY REPAIRS TO WELL 17 TO SMITH PUMP COMPANY IN THE AMOUNT OF $25,414 Councilmember Luning made a motion to approve the emergency repairs to Well 17 to Smith Pump Comnanv in the amount of $25.414, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS 1. Motor Grader, to Waukesha -Pearce (Galion) in the amount of $94,037 (with the trade -in of the old Galion), Councilmember Rex made a motion to approve the purchase of a motor grader in the amount of $94.037 to Waukesha -Pearce (with vie -in of the old Galion) and Councilmember Davis seconded the motion All were in favor and the motion passed unanimously 2. Chlorine and Sulfur Dioxide, to Acetylene Oxygen Company in the amount of $24,781 (estimated 50 cylinders of chlorine and 8 cylinders of sulfur dioxide). Councilmember James asked that deliveries be made with the smaller trucks. Mr. Wilder stated that due to the cost difference between the larger and smaller trucks, the bid being recommended is delivery with the larger truck. Councilmember Carter made a motion to approve the annual contract for chlorine and sulfur dioxide to Acetylene Oxygen Company in the amount of $24.781 (estimated 50 cylinders of chlorine and 8 cylinders of sulfur dioxide) and Councilmember Matthews seconded the motion All were in favor and the motion cussed unanimously. 3. Reject bid proposals for sidewalk/drainage projects due to bids exceeding estimates. Mr. Wilder stated that bids for this project came in high and staff has decided to do some of this work with City crews and re -bid part of the project at a later date. He has checked with other cities and they are having the same problem and have come to the same decision of doing the work in- house. Councilmember Lunina made a motion to reject the bid proposals for sidewalk/drainage Proiects and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE QUARTERLY BUDGET REPORT, BUDGET ADJUSTMENTS AND TAX COLLECTION REPORTS FOR JUNE AND JULY WITH ADJUSTMENTS TO THE LEVY Councilmember Davis made a motion to approve the budget adiustments and Councilmember James seconded the motion All were in favor and the motion passed unanimously. Councilmember Rex made a motion to approve the tax collection reports for June and July with adiustments to the levy as recommended by Chief Appraiser Grover Cook. and Councilmember Matthews seconded the motion All were in favor and the motion passed unanimously. CONSIDER A WALL AGREEMENT WITH WALKER COUNTY FOR UP TO 25 YEARS TO CONFIRM THE PAINTING OF RICHARD HAAS ARTWORK ONTO THE COURTHOUSE ACCORDING TO THE DOWNTOWN PLAN Councilmember Rex made a motion to approve the wall agreement with Walker County for up to 25 Years to confirm the vaintin of Richard Haas artwork on the Courthouse according to the Downtown Plan and Councilmember James seconded the motion All were in favor and the motion Passed unanimously. CONSIDER ORDINANCE 95 -8 -8.4 AMENDING CHAPTER IIA, LIBRARIES EXTENDING THE TERM OF OFFICE OF MEMBERS OF THE LIBRARY BOARD CITY COUNCIL MEETING OF AUGUST 8, 1995 BOOK "R" 388 _ I Mr. Schindler stated that this ordinance will allow members of the Library Board to serve for two consecutive terms. Councilmember Liming made a motion to avorove Ordinance 95 -8 -8.4 amending Chapter 11A Libraries extending the term of office of members of the Library Board and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT 1, Consider the reappointment of Ms. Ann Holder and Mr. Bob Barrigan to the Library Board. Councilmember Davis made a motion to armnavc the reappointment of Ann Holder and Bob Barra an to the Library Board and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. 2. Mayor Green recommended to City Council that Councilmember James be the City's representative for "Walker County Proud ". Councilmember Rex made a motion to appoint Councilmember James as the City's representative for "Walker County Proud" and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCILMEMBER ACTION 1. Report on Coalition of Cities and Counties meeting in Beaumont on July 17, 1995. Councilmember Luning stated that he and Mr. Pipes attended this meeting and the purpose is for rate case situations with Entergy /Gulf States. The Coalition challenges the amounts submitted by Entergy /GSU as their rate base to the Public Utility Commission. The Coalition presents the ratepayers side and try to keep the rates as low as possible. It would cost the City of Huntsville $4,000 to join the group (which is based upon population). He feels City Council has a responsibility to the citizens of Huntsville to keep their utility rates as low as possible. More information will be presented in the next few weeks. 2. Discussion on H.E.A.P. and "Hands for Huntsville ". Councilmember James stated that she missed the program H.E.A.P. presented, but wanted to congratulate staff for doing such a',,', ' goodjob with this organization She stated that as liaison for "Walker County Proud ", she would like the City to initiate its own program called "Hands for Huntsville" to be a positive action to clean up our City. 3. Personnel Committee Report - Charter Officers. Councilmember Lange stated that following the extensive examination and deliberation over the past two months, the Personnel Committee of the City of Huntsville has determined that the Charter Officers (City Manager, City Attorney, City Secretary and City Judge) performance is satisfactory. The City Judge is the only officer with a specific term (appointed to a two year - December 1994 to December 1996) as required by the Attorney General. 4. Historic Preservation, Councilmember Carter stated that he would like the City to have something other than just a list of historic structures. There should be some policy /procedures to protect our history in the City. There is currently a old plantation home that may be destroyed and he thanked the Mayor for talking to the developer regarding saving this home, but feels the City should play a role in this action. 5. Ozarka - Moffit Springs Water. Councilmember Carter stated that the City has a role to play with Ozarka about Moffit Springs. He feels that Moffit Springs should be a part of the City of Huntsville water supply. It is reported that Ozarka is making about $61 million per year from selling water from Moffat Springs with the City not receiving any tax dollars. 6. Entergy -GSU, Apartments w /Service. Councilmember Carter asked the Mayor about the situation with Entergy and apartments in town about the cut -off and connect' -.', schedules. Mayor Green stated that he does know there was a meeting between the two parties, but does not know the outcome. Mayor' Green stated that there is now a direct link on computer between Entergy and the City located in the City Secretary's office. 7. Fiddlers Contest. Councilmember Luring complimented the Arts Commission and City staff for their part in the Fiddlers Contest. It was a wonderful contest and hope it continues. _CITY CQUNCIL MEETING OF AUGUST 8, 1995 BOOK "R" 389 City building - -- p Y -._. especially . - ir- - -- 8. TNRCC. It was noted that TNRCC had written the Ci a letter to thank us for use of the and extra help b employees, it -. the assistance of JoAnn Purvis.'I 9. New Zion. Councilmember James requested an evaluation from the Highway Department on speed. Mayor Green stated that yes, the City could do that. MEDIA INQUIRIES Paul Sturrock, Item, asked if the City could do anything to alleviate the problems of McDonald Creek. Mayor Green stated that staff is completing a study at this time, and a recommendation will follow. Recess into a WORK SESSION for the FY 1995 -96 budget presentation and discussion. Recess into a EXECUTIVE SESSION to discuss pending litigation (Townsend v. State Farm Lloyds and COH, and Lyon v. COI), [9:15 p.m. - 9:45] Danna Welter, City Secretary 0