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MIN CC 02/23/1988MINUTES OF THE FEBRUARY 23, 1988 CITY COUNCIL MEETING BOOK "P" 31 II MINUTES OF THE COUNCIL CHAMBERS, ULOCATED AT CITY 1212 COUNCIL ENUE MEIN HE CITY OF HUNT VILLE,ACOUNTY OF WALKER, AS IN THE AT 6:30TP.M. �I I The Council met in a regular session with the following members present: Jane Monday, 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 L. Hammack Percy Howard, Jr. Ruth DeShaw, City Secretary William H. Knotts, Jr. FORMAL MEETING The Meeting was called to order by the Mayor at 6:30 P.M. at which time she recessed the meeting into an Executive Session to consider real estate acquisitions concerning a 10th Street lot and an Avenue F lot; and pending litigation germane to the Schaper V. City of Huntsvile case and the Acker V. City of Huntsville, et. al. case. There was no action taken in the Executive Session, which concluded at 6:55 P.M., at which time there was a short recess until the formal session began at 7:00 P.M. Mayor Monday then reconvened the formal session. Pastor Donald Kasper of Faith Lutheran Church presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve the record of the February 15 Executive Session and the minutes of February 16, 1988 and Councilmember Howard seconded the motion. Discussion: Councilmember Bell asked that the minutes of February 15, 1988 be clarified in the section concerning the discussion of the GSU rate increase (page 30, Volume P) to add the following underlined words to a sentence in the minutes, as follows: " Councilmember Bell felt we should put the matter in the hands of the people through an elected Public Utilities Commission." The Council accepted this change and Councilmembers Barrett and Howard approved this friendly amendment to their motion. The motion to approve the minutes, with this one clarification, then passed unanimously. CONSIDER RESOLUTION Consider Resolution No. 88-4 in memoriam for N B "Chick" Davidson (1900 -1988 Mayor Monday then read Resolution No. 88 -4, honoring Mr. Davidson, who died on February 13, 1988, for his many years of service to the City as its engineer and to the community, for the many improvements he made through his life's work which contributed to the quality of life of its citizens. Mr. N. B. "Sonny" Davidson, Jr., his son, was present to receive the Resolution from the Mayor and City Councilmembers. Councilmember Knotts made the motion to approve of Resolution No 88-4 and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCES Consider ordinance No. 88 -3 authorizing bids to be taken and notice of intent to be issued for the use of equipment acquisition certificate of obligation for the purchase of scales to be located at the landfill as Planned in the sanitation fund. The City Manager, Gene Pipes, then presented this ordinance, the caption of which is as follows: ORDINANCE N0. 88 -3 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR LANDFILL SCALES, AND MAKING VARIOUS PROVISIONS RELATED THERETO (not to exceed $50,000). Mr. Pipes advised the scales are crucial to the accuracy in determining the volume of material coming into the landfill, noting this information is also used to set the rate structure. Councilmember Knotts made the MINUTES OF THE FEBRUARY 23, 1988 CITY COUNCIL MEETING BOOK "P" 32 Scott Bounds, City Attorney, then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 88 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 158 TAXATION, OF THE CODE OF ORDINANCES OF THE CITY TO REQUIRE MONTHLY PAYMENT OF HOTEL -MOTEL TAXES; PROVIDING FOR A LIEN TO SECURE HOTEL-MOTEL OCCUPANCY TAXES; AUTHORIZING CITY ATTORNEY TO FILE SUITS TO COLLECT SAID TAXES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. . Bounds advised this ordinance provides that hotel /motel occupancy taxes will be paid on a monthly basis th the report and payment due the 15th day of the month following the end of the month for which the taxes e collected. He said the principal reason for the ordinance is to provide for a tax lien to secure the yment of those taxes so as to improve the priority of the tax in the case of a bankruptcy situation. He id the city would then become a priority creditor, and it may even result in those taxes being a ndischargeable debt. He also noted the ordinance gives a blanket authority to the City Attorney to file it for the collection of hotel /motel taxes and to file any reports related to those taxes. He said the fective date is April 1, 1988, which permits that quarterly payments will be made for the first quarter of 88, so that all taxes collected after the last day of March, 1988, will be remitted on a monthly basis. After some discussion for clarification, it was decided the Council intended that the tax reports re due on the 15th of the month after the month the taxes are collected, but that if not paid by the 30th the month, the penalties would begin. It was suggested that Section 3 (b) have the words included to ad 1130 days," and delete the words "the time required," so that that subsection now reads: "Any person D fails to remit the tax imposed by this article within 30 days shall forfeit to the City as a penalty an Jitional 5% of such tax, or the portion thereof, not remitted." The Council agreed this one change will solve the confusion. After further discussion, Section 5 (e) was amended to state (words underlined are Jed to original version): "The tax lien shall be filed in the official public records of the County Clerk Walker County, and with the County Clerk in any county in which the Person owns Property." With these jor changes, Councilmember Green made the motion to approve Ordinance No. 88 -4 as amended above, and incilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT--GENE PIPES Mr. Gene Pipes, City Manager, then presented a memorandum from the Building Official, Cindy ellgren, concerning recommended changes to the sign ordinance. A copy of Chapter 11 detailing the existing ign standards was also presented. He then discussed in general the sign ordinance and the recommendations f Ms. Kellgren. He asked the Council for direction on any changes they may recommend so that the City ttorney, Scott Bounds, can draft an ordinance to be brought back for approval. The Council reviewed the ollowing recommendations. 1 1 MINUTES OF THE FEBRUARY 23, 1988 CITY COUNCIL MEETING BOOK HPH 33 That all portable signs be eliminated so that the tenant or developer who has Portable signs that are properly permitted and in compliance with the Present ordinance shall have a year to remove the portable sign and establish a new sign which complies with the sign ordinance Councilmember Bell recommended the ban of portable signs because they are aesthetically displeasing and present visual clutter that does not add to the attractiveness of the city and makes it appear somewhat unsettled; they are dangerous in high wind situations; are difficult to regulate; become sight obstacles and problematical in their placement and tend to wander; and from a traffic and safety standpoint, at some point in the future, portable signs should be disallowed in Huntsville. Councilmember Bell also spoke out against the large obtrusive sign, noting the original sign ordinance was designed to limit heights and to regulate the sign industry in Huntsville, with the intention of the drafters being to eventually get all signs into conformance with the sign ordinance. He said an amortization period should be instituted so that in the next five to ten years, the signs in Huntsville could achieve a certain uniformity. Councilmember Gaines advised the Council the purpose of the signs is to advertise for a business and those signs are extremely important to local businesses. She noted because of the difficult economic times of today, the city should not be comparing our city to any other city at this time, such as San Antonio, which has banned the portable signs; while this may be good and she is not objecting to it, the timing now is very critical to Huntsville. She noted if Huntsville had the economic diversity of San Antonio, it would be another matter. She said these signs cost money and to replace them is just another expense placed on our struggling businesses; stressing a business cannot operate without a sign. She said although we want Huntsville to be beautiful, this may not be the time to place an added burden on our business people, and this action would be a reversal to our efforts to assist existing businesses. Councilmember Barrett cautioned that our sign ordinance not be too restrictive as it may be detrimental to attracting new businesses to Huntsville. He agreed with Councilmember Gaines. Councilmember Knotts said the economy we have now is here and this is what we're going to live with so he felt we should make the most of what we have. He was for banning the portable signs over any length of time, one to five years. Mayor Monday suggested moving the portable signs back out of the direct vision line of passing motorists, or "XI, number of feet from the structure or building, rather than HX" number of feet from the street, thereby not forcing one to look at the sign, but that it be where it can be seen if someone should choose to look at it. Cindy Kellgren, Building Official, noted that will not necessarily work because the set back starts where the premises starts - -the property line; the property line in front of Safeway is six feet behind the curb. She said the city would have to establish a certain amount of distance from the curb to where these signs would be able to exist. Mr. Pipes noted we also have a parking lot consideration if the portable sign ends up being in the middle of a parking lot. Councilmember Green felt trying to move them back is almost like playing games. Councitmember Knotts noted he feels the portable signs may be popular, but that they may be put up defensively by a business when his competitor has one. Councilmember Barrett felt the City should be careful telling someone who is paying the lease or rent on a piece of property what he can do on it because they have to make the note payments each month, not the city. Councilmember Green felt what we are trying to do is to find a compromise for which there really is no compromise - -we either have portable signs or we do not have them. He said he does not care for the visual clutter they inspire, but he is not in a position to tell someone that if there is essential information, in their perception, made on those signs, that they have to find a permanent alternative, and he said he is not willing to do this at this time and he will vote against any action to do this. Councilmember Carter said he will vote with Councilmembers Knotts and Bell to ban portable signs. MINUTES OF THE FEBRUARY 23, 1988 CITY COUNCIL MEETING BOOK "P" 34 After a considerable amount of discussion, the Mayor asked for a hand count in favor of the mendation to ban portable signs. Councilmembers Knotts, Bell, Carter and Howard voted in favor of ng portable signs and Councilmembers Hammock, Barrett, Gaines, Green and Mayor Monday voted against it. Monday noted then it has been defeated. Mayor Monday then asked for a hand vote in favor of this recommendation. Councilmember Green asked hat it be changed to permit the 42 1/2 foot sign with a maximum face area of 480 square feet "as an ption," if the shopping center decides to have 'only one sign.,, With this clarification, there was a vote aken which showed Councilmembers Green, Gaines, Barrett, Hammock and the Mayor in favor and Councilmembers notts, Carter, Bell and Howard opposed to this recommendation. The Mayor advised this recomendation, as evised by Councilmember Green, has passed. Councilmember Carter expressed his disbelief that we have just voted to have bigger signs. He then de the motion for an amendment to the effect that this option be restricted to within 500 feet of I -45, H Councilmember Bell seconded the motion. After some discussion for clarification, Councilmember Green Je the motion to reconsider the vote taken on the one large sign option of 42 1/2 feet and sign face area 480 square feet. Mayor Monday then restated that motion which would be to allow shopping centers that et 25,000 square feet, to have a larger sign of 42 1/2 feet and a larger face of 480 square feet "if they ly have one." Upon a vote on this recommendation, all voted no. Councilmember Carter then withdrew his tion to restrict them to within 500 feet of I-45. Mayor Monday then advised that all motions made on the The City Manager, Gene Pipes, advised the Council of the earlier request from the Softball sociation for the city to match their gift of $1,500 to install foul line fences on the Kate Barr Ross rk and Thomas Henry Ball Park ballfields. He said the offer is certainly appreciated, but he advised clining the offer at this time because of the City's current financial condition. He noted last August e city had to eliminate funds to reroof Emancipation Park as well as other more critical equipment and sition items. The Council concurred unanimously. Mr. Pipes advised about two years ago the city was given an inflatable cover for a tennis court by a local individual who happened to come into possession of it. He said it is a very large bulky item which is n extremely power intensive air driven device. He said College Station took some of theirs out of service cause of the cost of power. He said the Parks and Recreation Department has not found a way to make use f this gift, given the expense of using it. He said they are in contact with an out of state individual ho is interested in acquiring it. He suggested authorizing a minimum bid of between $500 and $750, which is about the amount of money we have incurred in handling this item twice with a crane to get it loaded and nloaded, and giving the 14 day notice of bid on surplus equipment, and make it available for anyone nterested. After some discussion, the Council concurred with this lii,e of action, but recommended a inimun bid of $500 and that the expense of loading it would be that of the purchaser but that there would e an option for the city to load it at an extra negotiable charge, if desired. LJ 1 MINUTES OF THE FEBRUARY 23, 1988 CITY COUNCIL MEETING - BOOK "P" 35 Insurance on the City's Art The City Manager, Gene Pipes, advised that we have been notified by our insurance carrier that vm eliminated the liabilty and casualty insurance coverage on any art that the city might possess or have a Loan. He said a recent inventory reveals we have a value of approximately $94,000 worth of art, some a Loan from the Meadows Foundation and others that we own. He said if we are to insure this art at it; replacement value or some other criteria, the cost is 24 cents per $100 in value. He said the option i; that the city will bear the cost if there is a loss. He said from time to time we have had in the Library through HEAP and the Arts Commission, some rather substantial pieces (moon rocks, trunk exhibits from othe entities, etc.) which would have to be covered individually, but we do have other art pieces. He said th, cost will be approximately $240 for $100,000 value of art. Councilmember Carter made the motion to acquir were in favor and the motion passed unanimously. CONSIDER REAL ESTATE Consider the acquisition of a lot on 10th Street Mayor Monday noted as a result of the discussions in the executive session, the Council is now being asked to take formal action on the acquisition from First National Bank of property (a lot) on 10th Street adjacent to the Town Creek Branch in the amount of $10,000 to provide access to other city property. Councilmember Hammock noted he has a conflict of interest and then filed the proper affidavit. seconded the motion All were in favor of the motion and it passed with Councilmember Hammock not voting. MAYOR'S ACTIVITY REPORT- -JANE MONDAY Consider Appointment to the Arts Commission --Film Advisor Mayor Monday then asked the Council for their consideration of her nomination of Mr. Scott Cherryholmes as the film advisor to the Arts Commission. Councilmember Barrett made the motion to approve of this appointment and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. H -GAC Community Development Funds--Formal Presentation Mayor Monday advised that Mayor Pro tem Howard will accompany her and Dale Brown, City Planner, to the H -GAC offices in the morning to make a presentation on behalf of Huntsville for Community Development Block Grant Funds to provide sewer for three neighborhoods: FM 247 area, bounded by the Diagnostic Unit on the west and the Huntsville High School on the north; The Watkins Street /Ryan's Ferry Road Area; and the Pine Hill Road /Montgomery Road (FM 1374) area. COUNCIL ACTION High Bluff Traffic Danger- - Councilmember Howard noted traffic coming up Elm Street turning left down Old Colony Road may fall off the high bluff there (four feet) unless there is some warning or rail installed. ADJOURNMENT Re ctfully s itted, Ruth DeShaw, City Secretary February 23, 1988