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MIN CC 08/23/1988MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "P" 128 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF AUGUST, 1988 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M. The Council met in a regular session with the following members present: Jane Monday, Mayor 0. Eugene Barrett City officers present: Gary Bell Jim Carter Gene Pipes, City Manager Ila G. Gaines William B. Green Ruth DeShaw, City Secretary William L. Hammock Percy Howard, Jr. Scott Bounds, City Attorney William R. Knotts, Jr. CITIZEN INPUT Rev. McKee invited the people of the community to an election eve prayer meeting on the Courthouse lawn at 7:00 P.M. on Monday, November 7, 1988 or in the courtroom in the event of adverse weather. He said the purpose of this prayer meeting will be to thank God for the privilege of free elections and free assembly and to ask His guidance in voting, to pledge our allegiance to His beloved country and to pledge our support to those we elect. He said the locally elected will be asked to tell what our prayers mean to them. He said the people present will make prayer requests. He asked for the Council's support of this meeting. Mr. Barry Hawes of Highway 30 and Strawberry Lane, expressed his concerns about the size of Huntsville's city government. He pointed out the community lost 68 businesses last year. He urged the Council to seriously consider scaling down the size of government. He felt the $17 million budget proposed for 1988 -89 is outrageous when we consider the actual size of Huntsville is more like 15,000 people once we remove the inmates and the students. He advised he has lived in communities larger than 15,000 population and they had no city at all and got along just fine. He suggested looking at privatizing some things. In closing, he again urged the Council to scale down the role of government and "get off peoples back." PUBLIC HEARINGS Mayor Monday then opened the annexation public hearing. She advised each individual will be given a mum of ten minutes to comment. Jenkins Road -- Mayor Monday noted no one has signed up to speak concerning the annexation of enkins Road and no one was present who wished to do so at this time. Anders -Allen Road -Hwy 19 -- Mayor Monday then asked the following speakers to make their individual tions concerning this area. Dosty Sarafin. 300 Allen Road. 295 -2254 -- Mr. Sarafin expressed his opposition to the annexation of is area. He felt there is no valid reason for this annexation based on this proposed seven star concept. felt there was no danger that Riverside, some ten miles away, would be annexing this area at any time in e near future thereby squeezing Huntsville out; there is no pressure to get into the area right away to ep it from being encumbered. He saw no benefit to them for the tax rate increase in supporting the city. said they already have Pine Prairie water available to that area although he is on a private well and has need for city water services. Mr. Sarafin said he has a septic system and has no complaint with that and C C MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "P" 129 does not need the city's sewage system, and the private garbage pick -up was serving him at a reasonable rate and he has no complaint with that service. He said he understands, if annexed, he will receive for his tax money, immediate police protection, but noted the Sheriff's Department serves him well. He stated there was a fire on Allen Road, but the Walker County Fire Department responded within 15 minutes with 20 personnel and the Walker County EMS along with the paramedic squad were there within 15 minutes as well. There is no need for any improvements on the road, he said, and he has never complained nor sought a petition from the residents to ask the city to improve the roads or to request street lights or any other service the city may offer. He noted he came from out of state, worked for TDC for four years, and has no had a pay increase, but will receive a 2 percent raise this year. He said his property tax rate is going to go up between $450 and $600 based on other like - valued property and the city is going to take away his two percent. Mr. Sarafin said he understands if this area is annexed, they will have to acquire permits, pay fees, follow city rules and regulations to build. He said he'll have to pay for license fees for his dogs and, as he was told, he will have to pay $75 for a permit for each horse in the city limits. He said he has four acres next to the National Forest and he wants to be able to shoot his gun on a target range he built back there with a hill. The Council proposes to take away the freedoms he now enjoys. He said he does not work in the city and does not use the city government services or the city in general. He said since he is buying his home on an owner - purchase plan, he has two options: 1) leave the house and move out of the city; or 2) to make sure if annexed against his will, that he actively participate and become involved in the election process of the city, and that his whole family will vote, to make sure that everyone who votes for the annexation does not see another term on the city council. Mayor Monday noted the city will respond to any questions he may have regarding the permits and requirements of the city, such as the permit for horses, etc., so that he will have accurate information. Councilmember Bell asked that the Council's "Statement of Annexation Policy" be made available to all who participate in the hearings and be available at the desk where they sign in for the next hearing. Copies were then made and handed out to those present. Councilmember Bell asked Mr. Sarafin and others present who oppose annexation, whether or not they realize some of the benefits of the city they're getting, such as city inspection of restaurants where they may eat; the services of the Fire Department, which is a city fire department to which the county contributes funds; the use of the city streets; use of the city parks, etc. He asked how Mr. Sarafin proposes the city fund these services that the people who live on the fringe of the city use and enjoy, but pay no ad valorem taxes for those services. Mr. Sarafin said he has no children, but pays schools taxes and county taxes. He said he is already receiving services from the county that the city proposes to provide. In regard to restaurants, he said he is paying sales taxes and this money circulates within the community three or four times over. He says he patronizes the local businesses. Councilmember Bell noted the city provides the environment or ambience for business to operate by building the streets and providing the quality of life - -all of which costs money. Barry Hawes. Hwy. 30 at Strawberry Lane. 291 -7368 -- Mr. Hawes noted the previous speaker made many of the points he planned to make. He said he has lived in communities (Kingwood) that were served by volunteer fire and ambulance services that were quite adequate, created by knocking on doors and getting volunteers. He noted the service plans for the proposed annexation areas do not list capital expenditures of any kind so it appears the city does not plan to beef up anything. He took exception with the plan to make the airport available to the newly annexed people, noting it is already available to them and he supports it by paying hanger fees for his airplane. He said he opposes annexation, noting he chose to live outside the city. He said he has three acres, the septic system works fine, and he is not looking for any services. He noted he owns property in the city, most of which has been condemned, but he may own some more some day. MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "P" 130 John Byrd, Hwy. 30 at Strawberry Lane, 295 -1842 -- Mr. Byrd said he has lived on Strawberry Lane ince 1976, has his own sewer system and water well and a little over ten acres of land. He said he sees no enefits to him if annexed. He felt the only real benefit may be the paving of Strawberry Lane but that ould not happen until far into the future, as he understands the taxes they would pay would not even come Lose to paving the road for years. He stated he is opposed to this annexation. Badger Addition -- Mayor Monday then asked if anyone was present to speak to this proposed ion area. Jack Haney, FNB Building, Suite 405, 295 -3712 -- Mr. Haney spoke in opposition to this annexation. e then presented and filed with the City Secretary a petition opposing the annexation of Badger Addition, ontaining 43 names. He noted there are 60 citizens living in this area in 20 residences and 43 people, epresenting every tract of land or lot in Badger Addition, have signed this petition in opposition. In eviewing the proposed service plan, he asked for clarification and explanation as to the city's position oncerning the extension of the public sewer system (". . . in planning for new, revised or expanded astewater facilities . . .") for this area. Mayor Monday noted the staff will respond to all questions aised in these hearings this evening, either in writing or at the hearing next Tuesday night. Mr. Haney aLLed to the Council's attention the requirements of the Local Government Code (effective September 1, 987) for the annexed area, noting there are certain services listed in the code which must be provided to he annexed area within 60 days from the effective date of the annexation and that capital improvements must e initiated in the annexed area within 2 and 1/2 years from the effective date of the annexation. He said f the citizens in the area proposed to be annexed do not want the services of the city, then what can be he reason for annexing that area. He said no city should annex an area if the residents and property wners express their desire to remain outside the city and do not want city services. He did not see how a ouncil could annex over these objections. He said the city may, under the present statute, have an lection for an area before that area is annexed. He said ad valorem taxation must not be a reason for nnexation. He said no other city will ever annex the Badger Addition, so there is little or no chance that he failure of the city to annex it will in any way hinder the development of the city. He said part of his area cannot be served by sewer service without unreasonable expense to the city, which means that part f the Addition will not get city sewer service for a long time and maybe never. He said annexation will ost these residents more than just city property taxes as they will then be under city regulations as they oncern dogs, building or remodeling permits, etc. He asked the Council to vote against annexation for the adger Addition. He then presented the Councilmembers and Mayor with a letter presenting additional nformation with a copy of the petition attached thereto. Councilmember Bell asked why residents locate just outside the boundary line of the city, when, if hey wish to reside in the rural areas, they don't purchase land 10 -20 miles from here. He said there must e something implicitly advantageous to being located so close to the city, and given that premise, isn't it he responsibility of those people to contribute to the city's well -being through taxes. Mr. Haney advised everyone should have the right to live outside out, but as close to the city as they desire. He said if his practice is followed, the city would never get through annexing area, because it will always be djacent to another area and the same argument could be made to those people. He said when they bought heir property ten years ago, they may have been two to five miles from the city at that time, but the city imits keeps moving out closer and closer. He said he didn't know where one could stop that argument. He aid areas can be brought into the city and done so without a vote, but he didn't know how a council can do hat when there has been an expression of their desire to not want the services that the city is offering to irovide. Councilmember Bell noted these same people are "de facto" users of the services of the city. Mr. aney said this is true for residents of Houston as well. He said he uses Houston's streets but does not ay ad valorem taxes there. He said there has to be a line drawn somewhere and that line is the city limits ine. He said the fact that people patronize local businesses does not require them to live within the city f Huntsville. Councilmember Bell asked if the city should never grow. Mr. Haney said that would be as gong as it would be to bring in an area where the majority of the people have expressed a desire not to be n the city. C MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "P" 131 Champion International -Hwy. 190 -FM 3411 -- Mayor Monday asked if anyone is present who wishes speak to this area. There was no one present. Mayor Monday noted before the hearings are closed, she called again for any speakers who may have come in late. Mr. Tom McMillian of the Badger Addition then came forward to sign in to speak. Tom R. McMillian, 2227 Shannon. 295 -5501 -- Mr. McMillian asked all present representing the Badger Addition to stand up. Most of those present then stood. Mr. McMillian said there is a strong group of people present in opposition who like the way things are in their neighborhood and want to see things stay the same. He said the majority of them do not need the facilities the city can offer. He said he does receive water from the city, but has been paying double water rates for eight years because he lives outside the city. He said the sewer that runs just part way down Badger Lane cannot serve several of them as they can't be reached. He said since the city has this large of a majority of people who do not want to be in the city, their wishes must be taken into consideration. He said the city is doing a great job on the streets it has to take care of in this city. He said the city should expend its money on what it has to take care of first, and then come out to get the rest of the people. Ronald Allen. 2210 Badger Lane -- Mr. Allen advised he is a businessman on Highway 190. He reminded the Council that the City receives sales taxes from those who frequent the merchants in the city, even though they do not reside in the city. Mr. Allen said even though county residents use the city's streets to patronize Huntsville businesses, that is not sufficient reason to feel they should be annexed. He said that is like saying if one does not live in the city, it should not patronize the city's business people, or if they don't live in the city, they should be penalized. He said businesses in Huntsville make a profit off of everybody, whether they live here or elsewhere. He also felt the residents in the Badger Addition) would not realize any city services and they were already supporting the city by paying double water rates.'. He also noted the Sheriff's Department provides them with the type of police protection they need. Close Public Hearing on Annexation Mayor Monday thanked everyone for their comments. She announced a second public hearing would be held next Tuesday evening, August 30, 1988 at 7:00 P.M. The vote on annexation will occur on September 20, she noted. Open Public Hearing on the Proposed 1988 -89 Budget Mayor Monday then opened the public hearing on the city's proposed Fiscal Year 1988-89 budget. Mayor Monday noted the budget includes the following: General Fund S 5,573,788 Design Engineering $ 506,515 Utilities Fund $ 6,065,635 Sanitation Fund $ 1,686.000 Total Operations & Maintenance Expenditures $13,831,938 Capital Improvements 5 3.226,463 Aggregate Total $17,058,401 Only one person had registered to speak, as follows: Barry Hawes, Hwy 30 at Strawberry Lane 291 -7368 -- Mr. Hawes expressed his objections to the proposed budget and wanted the Council to pledge it would try to cut at least one -third of it out this year to get this city off of people's back. He said he finds the $17 million proposed budget outrageous for a city this size and finds some of the revenues the city receives to be more like punishments and ways for the city to raise money. He suggested the city just spend less, have less programs, provide for the common MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "P" 132 defense, utilities, etc., and eliminate the rest of the programs or put them back in the hands of the citizens and quit wrangling with them all the time. He took exception with the bank franchise fees ($29,000), noting the banks are not doing that well; electrical company ($558,000 franchise fee); and so forth. He mentioned electricians' Licenses ($7,000), asking why we are punishing the electricians; sign contractors' Licenses ($1,200) asking why do they need a license. He asked where are the fees for lawyers' Licenses or university professors' licenses or some of these people who are making some money. He said he would get rid of aLL the plumbing permits. He noted builders' permits total $14,000 and asked why we were punishing people for building. Food establishment permits total $6,000, he noted, asking why we don't reward these people for opening, instead of having them come in to get a permit. He mentioned food handlers' permits are budgeted at $2,500; noting these people are not rich. He asked what the city manager's office needs with $116,000; or $101,000 for the City Attorney (why not hire an occasional consultant if we need to fight with someone); $120,000 for bookkeeping; $97,000 for accounting; $78,000 for data processing; $150,000 for central inspection. He asked who is making the money to pull this wagon. He said these numbers are big and they are real to those who are trying to survive on the outside. He noted the printing department has a budget of $104,797 and asked what the city needs to print for 15,000 people. He pointed out planning's budget is $76,000. He then proposed we cut out most of these or at least reduce them. He again asked the Council to reduce the budget by at least one - third. He realized now why the city needs to annex, he said, because the city needs help pulling the wagon, or they are looking for our Leadership skills. He closed by asking the Council to give serious thought to cutting out at least one-third of this budget this year. After some questioning by Councilmember Carter as to what services Mr. Hawes feels we need to cut, Mr. Hawes said engineering, planning and legal; pay our policemen a living wage; privatize some of the utilities; and other than that the government should stay out of it. He said if someone's water heater goes out at 5:00 P.M. on Friday, now they have to wait until Monday to run down and pay $15.00 for a permit to change their water heater. He said this is nonsense. He said he is not saying the permit should be free, but that it should not be required. He said he would increase police protection and pay those people a Living wage, just as we need to pay the school teachers instead of building buildings. He said he would get out of the arts, etc. noting there are arts people who do very well without the City of Huntsville. He said we have a good YMCA program here and it is running head -on with the HEAP program. He didn't feel HEAP is a Legitimate function of the city necessarily as private people can do that and make intelligent decisions. He said we have intelligent citizens in Huntsville and we don't always need to look to the city to do all things. He said he would let the consumer run quality control for building and construction, noting the marketplace will work very well. He said people get burned every day and if it is a builder, sooner or Later, that builder will be out of business. He said this is part of the "buyer beware" thing and even with a permit, the city isn't warranting anything anyway as when the consumer is burned, and the city has been out there to inspect it, the city is not ready to reimburse anyone for it. He said the county can take care of health inspections and there does not need to be a duplication of services to the degree that exists now. He said he didn't have a problem with their being a city, but it just needs to be scaled back to something .we can live with. He said this year's budget is bigger than last year and we even have fewer people Living here. Councilmember Carter asked him to provide the city with a fairly detailed report as to what city services he prefers not to see so the Council can take a look at it. Mr. Hawes said he would be glad to do REGULAR SESSION Mayor Monday then called the meeting to order. Councilmember and Mayor pro tem Howard presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve of the minutes of August 9 and Councilmember Gaines 1 u MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "Pa 133 AMEND CONTRACT WITH SHSU FOR CABLE TV Consider an amendment to the contract with Sam Houston State University to Provide for the payment of a portion of the franchise fees collected from Huntsville Cable T.V. for use of Channel 7 as a local origination facility Mr. Scott Bounds, City Attorney, advised in last year's budget, the Council agreed to designate a portion of the franchise fees collected from Telecable in its operations to go to Channel 7 to help them with the operation of Channel 7 programming. He said this contract basically tracks prior years' contracts and calls for 56,000 to go to Sam Houston State University for the operation of Channel 7 in accordance with the contract. The agreement shall commence on September 1, 1988 and shall continue through August 30, 1989, he advised. Councilmember Howard made the motion to approve of this contract as presented and Councilmember Carter seconded the motion Councilmember Carter noted several typographical errors which were then corrected All were in favor and the motion passed unanimously. CONSIDER RESOLUTION Consider Resolution designating a city owned vehicle as an unmarked vehicle Mr. Gene Pipes, City Manager, presented this resolution, the caption of which is as follows: RESOLUTION NO. 88 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. Mr. Pipes advised the Texas statutes require all city owned vehicles to be clearly marked and permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked. He said the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle. He advised the Police Department wishes to designate a 1986 Dodge as an unmarked vehicle for the purpose of performing official city police duties (Serial Number: 1B3BD26D8GC199506). Chief Eckhardt advised this car was on the List approved last year, but the exempt tag on this car had expired and so it needs to be reauthorized. Councilmember Carter noted while there may be some use for unmarked vehicles, he felt the police cars themselves are a deterrent to crime and he did not wish to encourage the number of unmarked vehicle in service. Councilmember Gaines made the motion to adopt Resolution No. 88 -8 and Councilmember Barrett seconded the motion All were in favor and the motion passed unanimously. CONSIDER ORDINANCE Consider Ordinance callina a local Public hearina on annexation Mr. Bounds, City Attorney, advised under the provisions of the Texas Government Code, if there is a request for a local hearing, the Council is required to have it. He said the deadline for filing such a request was yesterday. He noted no request for a local hearing has been received, so therefore, no action on this item is necessary. Mayor Monday noted then the City will be following its general procedure, with the second public hearing scheduled for August 30, with a vote on annexation scheduled for September 20. CITY MANAGER'S REPORT--GENE PIPES Request for purchase of Teletype Equipment Mr. Pipes presented a request from Hank Eckhardt, Chief of Police, for the replacement of teletype equipment in the Police Station. He said this equipment was authorized in the budget for FY 88 -89. He noted the FY 88 -89 budget is scheduled for approval next week Tuesday night. He said this equipment is vital to the quick retrieval of information for the Department. He asked for the Council's authorization to MINUTES OF THE MEETING OF AUGUST 23, 1988 BOOK "P" 134 by taking the necessary quotes over the next two weeks for replacement equipment. He asked for an authorization to acquire the equipment. Councilmember Barrett made the motion to approve of this ELEVATION OF LAKE LIVINGSTON Mr. Pipes, City Manager, advised, for informational purposes only, that the current surface levation of Lake Livingston is at 126.86 feet. He said the normal elevation is 131 feet. He said it is urrently 4.14 feet below normal over the last several months as a result of the extended dry period. He aid the Trinity River Authority has dredged the channel from Sulphur Creek in to the headwaters of Lake ivingston over to the intake structure so that the static level of the lake remains above the City's intake tructure and the pumps are set at a level that until the water drops to 123 feet, the City will be alright. e said obviously another 3.8 foot drop would pose problems at the intake structure and the pumps may have D be lowered. He said in any event, the city's water wells can produce enough drinking water, as they are ur insurance policy (while acting as a back-up system, the water wells work daily, in concert with the urface water plant) until the situation can be corrected by additional rains. MAYOR'S REPORT - -JANE MONDAY Mayor Monday invited the Council to the activities in New Waverly on Sunday, September 4, 1988 and ed their support. She passed out complimentary tickets to the Councilmembers. Mayor Monday advised the Council that certain documents concerning building codes prepared for the of citizens have now been translated into Spanish. She displayed the documents for the Council's ew. Mayor Monday expressed her commendations of Mr. Johnny Poteete, Director of Public Works, and his rews for the very fine street work on Avenue 0. She also commended Mr. Boyd Wilder, Director of Public tilities, for all the preliminary repairs and reconstruction work his crews did prior to the paving work. r. Pipes, City Manager, advised Avenue H, 17th Street and Bearkat Boulevard will be in like condition by riday, and University from 10th to 11th Streets, Normal Park, etc. will be paved shortly thereafter. COUNCIL ACTION Councilmember Ila Gaines advised she represented the City at the Grand Opening on Saturday of the od Shepherd Mission. She noted it is a very fine facility and she invited the Council to stop by to see e facility some time. ADJOURNMENT idly submit d, uth DeShaw, City Secretary August 23, 1988