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MIN CC 08/06/1991CITY COUNCIL MEETING OF AUGUST 6, 1991 BOOK "Q" 458 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF AUGUST, 1991 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in a regular session with the following members present: W. H. Hodges, Mayor 0. Eugene Barrett City officers present: Gary Bell James L. Carter Gene Pipes, City Manager Ila G. Gaines William B. Green Scott Bounds, City Attorney William H. Knotts, Jr. Charles Robinson Ruth DeShaw, City Secretary Ronald L. Lange CALL TO ORDER Mayor Hodges called the meeting to order. Reverend Ken Huggins of the Elkins Lake Baptist Church presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Gaines made the motion to approve the minutes of July 23 1991 as presented and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CITIZEN INPUT /INQUIRY SESSION Mr. Clyde "Bo" Hall. representing Mrs OLa Mac Williams to express concerns regarding the filing of Water Affidavits Mr. Hall asked the Council to change or make an exception in the procedure used to file water affidavits required when a housing unit is empty to avoid water charges. He said a 91 year old friend of his, Ola Mac Williams [the lady who was beat up when Mrs. Josey was killed and has been in the hospital since July 111 has for some time been receiving a double water bill because she has a building on her property that is beside her house that has been vacant, but is served with water through her personal home meter. He said in the past he has personally completed and obtained notarization on the water affidavit certifying that the building is vacant so Mrs. Williams can get her water bill reduced. He said she is on fixed income and her normal total income is $427.00. He said this month, because she is in the Green Acres Rest Home, her income is $201.00 per month because the Nursing home gets the other $227.00 a month. He said Mrs. Williams received a city water bill recently for $40.35; about 20 percent of her income based on what he just presented. He said he understands from the city staff that there has been a rule passed by the City Council that any vacant place must have this notarized certificate submitted each month prior to the 5th to be able to get the regular water rate. He said if it is not turned in by the 5th, even though it is placed in the night depository on the 5th, if it is not into the office before the close of the business day on the 5th, the rate is double. Mr. Hatt said he thinks in this particular case an exception needs to be made. He said he does not think it is an exception, but rather it is treating her like all the rest of the people. He said if the Council will think what 20 percent of their income would be if they had to pay it for a water bill, they would also feel it is unrealistic. He said Mrs. Williams has always paid her bills and for that reason he has become a friend of hers. He said he does not object to paying $3.50 or something else to get a notary to sign it, and he has been told the city will furnish the notary providing he'll drive to city hall to get it notarized. He said this costs him time and money too. He said he does not think it is quite fair. He said he understands why the law was passed. He said if it is really important that we know if a building is vacant, why couldn't one of the city trucks that passes there [every time he has been there, there is at least one that passes by as there is a sewer station near there]; why couldn't someone go by and check on it and save her the inconvenience of having to complete and submit the form. He said since the staff cannot make an exception to this, he is asking the City Council to please either say someone like this can fill out the form that will last indefinitely, or until there is a change as to whether the building is used or not, or some way that we can do something about this to prevent her from paying double water rates when she has no income. He said right now she will be in Green Acres Nursing Home and will be there another three to four weeks. He said he asked the city if there was something they could do and basically they told him that instead of $17.00 for her water bill for next month, they would let her disconnect it and leave it disconnected for the next three weeks and then reconnect it and only charge $15.00 but there would be some water use too, so she would have to pay at least $17.00 if not more. He said it is an unfair situation and since the staff cannot make this decision, he is hoping the Council will, out of the goodness of their hearts, and look at this as a special case and not really make an exception, but treat her Like everyone else in the city. Mayor Hodges said Mr. Hall called him several months ago concerning this situation. He said if he ! CITY COUNCIL MEETING OF AUGUST 6, 1991 BOOK "O" 459 understands it correctly, she has a house and on her property she has another house that is rent property and there is one meter servicing two buildings. Consequently, since there are two buildings being served, he said, she gets two water service charges. He asked Patricia Allen, Director of Finance, to look into this. Councilmember Carter felt the government should have the flexibility to make exceptions in cases where we know the facts assuming he has no reason to doubt the facts are as they are stated. He said it seems unreasonable to him to be charging $40.00 for an unoccupied building when the woman is in this condition. He said if there are other circumstances the Council needs to know, he would like to hear them. Mayor Hodges asked Ms. Allen to explain the reasons for the current policy. Ms. Allen said the vacancy policy adopted by the Council, mostly in response to the complaints of the apartment owners on vacancies that were billed on a per unit basis. She said several years ago, the Council adopted a policy that anyone that has multiple units can file an affidavit with the city if he has a vacant unit during that billing period and the affidavit has to be to the city by the 5th of the month because very shortly after that date, the city begins to process the cycles and billing systems on computer. In Mrs. Williams case, she said, the city did make an exception the first time Mr. Hatt filed an affidavit when he did not meet the deadline. She said an exception was made because he was trying to help an elderly person and he explained he was transporting the information back and forth. Then, she said, some period later, Mr. Hall again failed to meet the deadline and the staff told him it did not feel it has the latitude to again make that exception. At that point, he called the Mayor. She said in her conversations with the Mayor and City Manager at that time, it was decided that the policy should be reviewed as a part of the budget process and then come back with a recommendation on the units or on the types of accounts that only have one and two apartments - -the small residential areas compared to the multi-residentiaL apartment units. She said in this last instance, Mr. Hall again failed to meet the deadline for Mrs. Williams. She said Mr. Hall is, in fact, signing the affidavit for Mrs. Williams. She said while she understands with Mrs. Williams is in the hospital this could certainly create a problem, but because Mr. Hall has been signing the affidavit, complicates the issue even more. He said the staff really does not have the Latitude to bypass that, especially since it has already made one exception. Mr. Pipes said the pipe to the rental structure could be capped until such time as it is made ready to rent. He said he can understand her not wanting to do that, but it certainly does remove the possibility of dual usage or a two unit, double - occupancy situation which occurs in many places aLL over town all the time because of people dividing up single family units into duplexes or multi- family circumstances by various means. He said all the city is trying to do is to be fair to all concerned, but given the circumstances of her assault, injuries, etc., the interruption of service over the next three weeks and billing nothing or not billing for reconnect or anything of that nature is the only latitude we have under the ordinance. He said we do that for vacationers - -just turn the water off and Leave everything off and when they come back, we restore the service and go on. But the bill that has been accumulated up to that time still has to be paid. He said the whole point is to charge as little as possible for the service and charge the exceptions as little as possible and be able to change if they have to in order to provide the convenience to the customer. He said it simply can't be done in every circumstance in terms of trying to be equitable to everyone. Mayor Hodges said before this policy, there was no relief to the property owner - -the city said if you have two units, one pays for the two units or six or eight. At the request of many apartment owners, this policy was put into effect and it gives relief for people who have vacant property. He said it is some relief from a previous method. Mr. Pipes said it is a problem for an individual like Mr. Hall who is just trying to help, to be down here by the 5th of the month and to remember each month to help Mrs. Williams. Councilmember Robinson asked for a clarification on the reconnection charges. Mr. Pipes said there is a minimum bill. He said one can interrupt service and the city can go out and turn it on for less than the minimum bill. Mayor Hodges said this is a problem and it was addressed in some way in the city's current ordinance. Councilmember Carter said he does not think we are penalizing Mr. Hall and it is not Mr. Hall's problem as much as it is Mrs. Williams' problem. He said he is sure there will be other instances where there ought to be exceptions and facts show the ordinance isn't being fair, the ordinance does not apply properly in ' this situation and should not apply in this situation and the City should be able to make exceptions. He said he would like to make an exception in this case, but didn't quite know how to do it. Mayor Hodges felt the staff should look at alternatives. Councilmember Green felt the ordinance would have to be amended. Mr. Pipes said the staff can have this next Tuesday night. Mayor Hodges asked if there is a consensus to revise the ordinance. Councilmember Green said while he recognizes the problem, he is not sure what the solution should be. He didn't feel this should be done on an individual basis every time something Like this comes up and it needs to be something more generally applied, not just to this case, but to similar circumstances. He said he has not thought about it enough to know what a practical solution would be that would deal with not only this problem CITY COUNCIL MEETING OF AUGUST 6, 1991 BOOK "0" 460 but similar instances. Mayor Hodges said one of the things that was Looked at is that the affidavit has to be �I in by the 5th of the month, which is right after the first, but from the city's standpoint, it needs to be in by the 5th so it does not interrupt the billing cycle. Councilmember Green said a possible alternative is that, is that the city could retroactively give credit for it, even though it has been billed and even if the statement comes in late, he would think the city could reverse the entry. Councilmember Knotts asked if there could be a roll-over type thing when the water bill is mailed that the affidavit be in there and they could mail it back. Mr. Pipes said Mrs. Williams has not been signing the affidavit for six months as Mr. Hall has been signing it for her. Mr. HaLI said she does not have a guardian. Ms. Allen said in the staff's discussion of 'i alternatives, on a two unit situation, the city could classify one unit as permanent "vacancy" and rather than filing a monthly affidavit, to file some other type of form with the city that would carry over from month to month. She said she does not think the city would want everything to carry over month to month, especially on the Larger multi -unit apartments because those numbers vary significantly each month. An alternative type affidavit, she said, may be more of an answer to deal with the units with the smaller number rather than modifying the whole policy. Councilmember Knotts said the city does not require anything but the affidavit on apartment complexes as there are no disconnects, only a certification from the apartment owner /manager that they do have vacant units. Ms. Allen said that number changes drastically from month to month. Mayor Hodges felt the staff needs to look at this as there may be some legal problems involved. Councilmember Knotts said he would Like to see it made retroactive. Councilmember Carter felt there are entirely two different situations: a woman who is in a situation that is not at all comparable to a multi - apartment complex; we have an ordinance that unfairly applies and there should be some way to even make an exception in that case when there is no comparability between the two cases or to write an ordinance that in some way addresses the different situations. He said he does not know either, since this is the first time he has heard about it, how to address two entirely different situations in entirely different ways. Councilmember ' Green felt that could be done. Counci Lmember Carter said he is not asking for a general change in the policy and does not want this exception to become what we do in the whole policy regarding aLL these other units in the city; this is a specific type case and we may run into others Like this. Councilmember Barrett felt the city could establish a separate individual hardship category through an amendment to the ordinance for the Council's approval. Mayor Hodges asked the staff to look at this and bring it back in a couple weeks. Mike Mead, Huntsville Family Y to discuss privatizing some HEAP -Y related functions Mr. Mike Mead, Executive Director, YMCA, advised for the past year or so an issue has been brought to his attention informally and in different places and circumstances and he feels it is now time to share this idea with the Council and that is the opportunity to establish some sort of public /private partnership with the management of the HEAP activities. He said he knows the city funds the HEAP program and subsidizes that to the extent where, if it were possible to shift some of that burden to the private sector, it might allow for some relief, especially at this time when the Council is dealing with the budget issues. He said after being here for one year and observing his program and that of HEAP, it seems this is a realistic time to address this issue. He said the YMCA currently operates several similar activities and consistently receives requests for Like programs. He said the YMCA has recently completed its Long -range plans, which specifically implies that the YMCA would move in the direction of offering similar programming anyway so it seems a natural time for this to happen. He said the basic concept of HEAP programming, as a service to the community during the summer months, is really in -line with the mission of the YMCA as it exists. Mr. Mead said the YMCA currently works with the school system in a public /private kind of partnership where the School is providing school facilities and the YMCA is doing the recreation programming in these facilities. He said some kind of a circumstance could evolve where the city could initiate that kind of transfer from the public to the private. He said it would be an opportunity for the city to reduce expenses and also a change to support a good community organization Like the YMCA. He said the YMCA is looking to develop programming similar in nature anyway and it already has a lot that is identical. He said it is not an adaptation or an absorption of something that the YMCA is not currently doing but rather a part of their current ' plans. He said they, as an organization, want to expand their local participation and hopes this may be a time when the details of that transition can came about. He said hopefully, it can be a model, a transition that public officials such as this council can foster so that in the sense the public sector wins and the private sector wins at the same tie. He recommended that whatever steps necessary to initiate that kind of discussion be taken and possibly when this programming rolls around next year, it could be, to some degree, considered under the auspices of the YMCA as a public /private partnership. He said he is not here to say he knows all the aspects of the HEAP programming, what it has been or its history, but what he does know and what he is CITY COUNCIL MEETING OF AUGUST 6, 1991 BOOK "Q" 461 comfortable in saying is that this is a time when he thinks that transitional discussion on how to make happen is very realistic and some people tell him it is past due. He encouraged the Council to open tl discussion at this time as it is considering next year's budget. He said he is as available as anyone can to talk about how to make it work for the benefit of the community. Mayor Hodges said Mr. Mead has been discussing this with some staff members for the past two to three weeks, so there has been some conversation going on about this. He said the city currently spends some 850,000 a year on various HEAP activities and if the Council would like to consider this, the city could possibly transfer some of the HEAP activities through the YMCA. He said Mike has assured him that as HEAP does not charge for people who can't pay, the YMCA will not charge those who cannot pay. He said he would like to consider transferring some of those activities to the YMCA and even subsidizing them for several years until they really get on their feet; it may be an opportunity for the city to cooperate with the Y. He asked if there are any comments or questions. Councilmember Knotts felt it is well worth looking into and this is the type of privatization that he has been hollering about for years. He said he feels the city can become more efficient. CounciLmember Green asked Mr. Mead to make the council aware of some of the activities the YMCA is currently involved in and those activities he sees where there is duplication that could be transferred. He said it is hard to make a recommendation other than to begin talking about something a little more concrete. Mr. Mead said he can provide extensive or minimal information, whatever is requested. Mr. Hodges asked Mr. Mead to continue his discussions with Mr. J. D. Schindler or other staff with whom he has been working. ATTENDING CITIZENS The Progressive Women's Association of Huntsville to present a matching funds contribution for the improvements in the Martin Luther King Neighborhood Center Ms. Bernita Mitchell, Chairman of the Committee for the Martin Luther King Center, introduced the other members of the Progressive Women's Association in attendance, as follows: Mary Robertson, Lynn Kelley, Ercia ' Cole, Erma GambreLt, JoAnn Purvis, Emma Merchant, and Iess Minor. Ms. Mitchell said this organization raised 81,500 to be matched by city funds so that tables, chairs and a P.A. system can be purchased for the Martin Luther King Neighborhood Center. She presented 81,500 to Mayor Hodges, who thanked the organization for the check, noting they do a sensational job in promoting and conducting the annual Juneteenth Parade. He observed it would seem that because this organization always seems to be able to meet the challenge for this city matching program, this arrangement could go on for several years. He then presented the check to Patricia Allen, Director of Finance. Councilmember Barrett noted the city should cooperate with them to the full extent to try to keep the facilities in good condition, as Councilmember Robinson has suggested on several occasions. He felt in addition to the Police monitoring the building and area and the city's regular maintenance of the facility, the Council should continue to work with this organization. Mayor Hodges noted that is a good point. He again thanked the Progressive Women's Association for their 81,500 check. CONSIDER RESOLUTION Consider a resolution authorizing the traffic Light synchronization program grant application City Manager, Gene Pipes, presented this resolution, the caption of which is as follows: RESOLUTION NO. 91 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION He noted in the Last discussion of this item, there was a recommendation of a slightly higher matching amount to increase the sophistication of the interconnect on the signals on 11th Street, with the city's share being 813,500. He said reminded the Council of their budget discussions on Saturday and noted this would be one of those initiatives [on page 201 that would come off the top before any other decision package. He said if the council commits to this resolution tonight, which obviously has a great deal of benefit to the community if the city is successful in receiving the grant, then that 813,500 would need to be factored out of that 8368,000 + 1- , that is available. Councilmember Knotts made the motion to approve of Resolution No 91 -8 and Councilmember Carter seconded the motion. ALI were no favor and the motion Passed unanimously. CONSIDER ORDINANCE Consider Ordinance calling a public hearing on the designation of a reinvestment zone and directing delivery of notice to other governing bodies. Mayor Hodges presented this ordinance, the caption of which is as follows: CITY COUNCIL MEETING OF AUGUST 6, 1991 BOOK "Q" 462 ORDINANCE NO. 91 -16 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CALLING A PUBLIC HEARINGi ON THE DESIGNATION OF AN AREA WHICH IS LOCATED NORTH OF FM 2821, APPROXIMATELY 700 FEET AND WEST OF FM 247 APPROXIMATELY 3600 FEET, AND LOCATED ENTIRELY WITHIN THE CITY, AS A REINVESTMENT ZONE; DIRECTING THE CITY SECRETARY TO PUBLISH AND DELIVER THE NOTICES NECESSARY FOR THAT HEARING; AND MAKING OTHER PROVISIONS RELATED THERETO He noted this Ordinance would authorize a public hearing to be held on August 20, 1991 at 7:00 P.M. The hearing will be on the designation of an area of land as a reinvestment zone for comnerciat - industrial tax abatement. The area to be considered lies within the city, approximately 700 feet north of FM 2821 and approximately 3600 feet west of FM 247; and contains approximately 33.5796 acres of Land. The Council will consider at this hearing whether the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the city after the expiration of an agreement entered into under Texas Tax Code Section 312.204. The ordinance provides that at the hearing, interested persons shall be entitled to speak and present evidence for or against the designation. Councilmember Lange made the motion to adopt Ordinance No. 91 -16 and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. Mayor Hodges said the city currently has a tax abatement policy that was in effect for two years and just expired in April, 1991. He said it is time to adopt a new tax abatement policy. Mayor Hodges said the proposed tax abatement policy is virtually the same as the earlier version except for the length of time and the percentage of abatement. Mr. Bounds, City Attorney, noted the proposed changes are delineated on the former policy in the council's packet of information. The Council had no questions at this time. Consider ordinance adopting 1991 editions of the Standard Codes for Fire Prevention. National Electrical Standard Building, Standard Mechanical, Standard Plumbing and Standard Gas Mr. Pipes, City Manager, presented this ordinance, the caption of which is as follows: , ORDINANCE NO. 91 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE PREVENTION CODE, NATIONAL ELECTRICAL CODE, STANDARD BUILDING CODE, STANDARD MECHANICAL CODE, STANDARD PLUMBING CODE, AND STANDARD GAS CODE; INCREASING THE FINE FOR VIOLATION OF SUCH CODES FROM $200 TO $500 PER DAY FOR EACH VIOLATION; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF Mr. Pipes recommended approval of this ordinance. Councilmember Knotts made the motion to adopt Ordinance No. 91 -15 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER DYE AND STAMP SIDEWALK REQUEST Consider a request to dye and stamp a segment of the sidewalk along 19th Street approximately 125 feet west of Avenue 0 at owner's expense Mr. Pipes, City Manager, advised the Council previously stated it would make the decisions regarding sidewalks colored other than standard gray concrete and would consider requests from private individuals to pay the difference in costs for dye or pattern stamping concrete under the sidewalk replacement program. He then presented a request from Mr. George Russell that the sidewalk and driveway along his property on 19th Street be replaced with red sidewalk with the stamped brick pattern. Mr. Russell has agreed to pay the additional cost, Mr. Pipes noted, upon invoice by the City in an amount estimated to be $1,003.40. Mr. Pipes said Mr. Russell has done this in a number of areas in the 19th and Avenue 0 area. He said this is an additional and a replacement of part of the red dyed sidewalk in front of Avenue 0 and 19th Street and also goes about 125 feet west down 19th Street. Councilmember Green made the motion to approve of this dye and stamped sidewalk if the signature agreeing to payment is indeed that of George Russell and Councilmember Carter seconded the motion Discussion: CounciLmember Knotts noted it should be part of the agreement that if it has to be replaced Later on, it should be at Mr. Russell's expense. Mr. Pipes said the City will bring this back to the Council every time because ' the city's standard is gray sidewalks as the Council instructed. Councilmember Knotts said it is over a water line and it may have to come out again. Mr. Pipes said the city's standard is gray concrete, standard pour, brush finish sidewalk, and anything that deviates from that or a request for extra costs, will always be brought back to the Council. All were in favor of the motion and it passed unanimously. DEATH OF MR. HANEY NOTED CITY COUNCIL MEETING OF AUGUST 6, 1991 BOOK "O" 463 Mayor Hodges reported the father of former City Attorney, Jack Haney, has died. Services will be Thursday morning at 11:00 A.M. at Huntsville Funeral Home Chapel. MAYOR'S ACTIVITY REPORT - -BILL HODGES Consider appointment of Huntsville Housing Authority Board of Directors Mayor Hodges asked the City Manager to present these appointments for approval. Mr. Pipes advised it is recommended that Dr. John Holcombe be reappointed for another two year term ending July 1, 1993; Mrs. Helen King is recommended for appointment to the unexpired term of Chester Crawford, which ends July 1, 1992; Mr. Margarito Martinez is recommended to complete the unexpired term of Ms. Elma Martinez, which ends July 1, 1992; and Mary KLapperich is recommended to serve a two year term in a position just vacated by Mr. David B. Ward, who completed his term of service on July 1, 1991. Counci Lmember Green made the motion to approve of these appointments and reappointment and Counci Lmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Welcome and bestowal of honorary citizenship on Niiharu Village exchange students and school officials Mayor Hodges noted upon their arrival this evening, he and the Council will welcome four students and three professionals from Niiharu Village, Japan, representing the first student exchange program since becoming a sister city on April 18, 1991. He noted they will be accompanied by Col. Ed Smith, Co- Chairman of the Sister Cities Association of Huntsville, Texas. COUNCIL ACTION MTV coming back Councilmember Carter noted while he is not excited about MTV coming back on the air, he feels the resolution of what they did on MTV is in the best interest of the citizens; giving them the choice of either watching it or not. He said since he made the comment a few weeks ago about the cable company, he thought he ought to compliment them on the resolution. Accident on Avenue M and 16th Street Councilmember Carter noted another accident occurred at this intersection today and this is about the 6th or 7th accident that has occurred there. He felt the city needs to do something about this intersection, which may mean a four -way stop or some other type of signalization. He said there is a constant string of accidents there. Councilmember Knotts said that is because of the trees. Councilmember Carter said if the trees are in the way, they ought to be removed, but he is not sure that is the case; it may be the speed that people build up on Avenue M. Councilmember Knotts said one has to be in the street before one can see the oncoming traffic because of the trees. Councilmember Carter felt it is a combination of the speed and the intersection. He said there is no question, if it is the trees, they should be removed. He asked that this be investigated. Condemnation of Property by the City Councilmember Robinson asked City Attorney, Scott Bounds, if the city has condemnation powers within the City's ETJ. Mr. Bounds noted the city has some authority to condemn property Located within "X" number of feet and he will review the statute and advise him. Speeding in Neighborhoods Councilmember Lange noted a long standing concern of his is "speeding in neighborhoods," and he plans to visit with Mr. Pipes, City Manager, regarding this soon. RECESS TO WORK SESSION The Mayor then recessed the meeting to a work session to continue consideration of the FY 1991-92 budget, Sanitation fund. ADJOURNMENT Respectfully submitted ut�, , City Secretary August 6, 1991