Loading...
MIN CC 12/05/19891 MEETING OF THE COUNCIL MEETING OF DECEMBER 5, 1989 BOOK "P" 571 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5TH DAY OF DECEMBER, 1989 IN THE CITY HALI COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:25 P.M. The Council met in a regular meeting 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 L. Hammock Ruth DeShaw, City Secretary William B. Green Percy Howard, Jr. Scott Bounds, City Attorney William H. Knotts, Jr. FORMAL MEETING Mayor Pro tem Percy Howard, Jr. called the formal meeting to order at 6:25 P.M. EXECUTIVE SESSION Mayor Pro tem Howard then recessed the Council into an Executive Session to consider pending litigation: John Hornsby V. Wendall Floyd et. al.; and real estate acquisition matters concerning 10th and 13th Street properties. No formal action was taken in this Executive Session and these items were not brought forward for action in the formal session. The Executive Session was completed at 7:00 P.M. FORMAL SESSION RECONVENED Mayor Jane Monday reconvened the formal meeting at 7:00 P.M. Mayor Pro tem Howard presented the invocation. CONSIDER MINUTES OF NOVEMBER 3. 14 AND 21 1989 Councilmember Barrett made the motion to approve of the minutes of November 3 14 and 21 1989 and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCES Consider Ordinance No. 89 -40 providing for the taxation of property exempt under Article VIII Section 1=j of the Texas Constitution Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE TAXATION OF PROPERTY EXEMPT UNDER ARTICLE VIII, SECTION 1 -J; TEXAS CONSTITUTION BEGINNING WITH THE 1990 TAX YEAR; AND DECLARING AN EMERGENCY Mr. Pipes advised this ordinance permits the taxation of certain goods, wares, ores, and other tangible personal property that are forwarded out of this state within 175 days of their acquisition or importation into this state and that all of that property described in the Texas Constitution, Article VIII, Section 1 -j shall be fully taxable in the City of Huntsville beginning January 1, 1990. He advised last week the Walker County Commissioner's Court passed a resolution very similar to this ordinance taking the option to reserve for a later date any particular tax abatement authorized under this constitutional amendment. He said at the present time there is a tax on these items and, without specific formal action by the local units of government, then beginning January 1, 1990, these particular items would become exempt. He said he expects MEETING OF THE COUNCIL MEETING OF DECEMBER 5, 1989 BOOK "P" 572 the HISD to consider this issue at their Monday evening meeting. This ordinance maintains all of the city's options until a situation arises where it would be desirable to consider a specific exemption for these "goods in transit" items, Pipes reported. Councilmember Barrett made the motion to adopt Ordinance No. 89 -40 taking affirmative action to retain. the taxation on "goods in transit" as described above and Councilmember Knotts seconded the motion. There was no discussion on the matter at this time [see Council Action]. All were in favor and the motion passed unanimously. CONSIDER BIDS Consider bid no. 90- 12 - -sale of one used Heil packer body to Gulfwind Company in the amount of $375.00 Mr. Gene Pipes, City Manager, advised the city received this single bid for one used 1977 Mark III Heil 20 yard packer body, and while the city had hoped for a higher bid, if it were to scrap the body for salvage, it would only realize $100. A third alternative, he said, would be to store it. He presented the staff's recommendation to accept the bid from Gulfwind in the amount of $375.00, noting the city will then mount the road repairs unit (next agenda item- -bid No. 90 -13) on this truck. Councilmember Howard made the motion to award the bid to Gulfwind Company in the amount of $375.00 for the 1977 Mark III Heil 20 Yard Packer Body and Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously. Consider bid No. 90-13 for a road repair unit to Texas Highway Roller in the amount of $15,609.00 Mr. Pipes then presented the bid for one new and unused 1990 road repair unit from the single bidder [four bids were mailed out], from Texas Highway Roller in the amount of $15,609. He advised this item was discussed extensively in the budget review meetings. This unit fits onto a dump truck type chassis and will be used to "shoulder up" the roadways and as a spreader in times of freezing weather, he reported. Councilmember Howard made the motion to accept the bid of Texas Highway Roller in the amount of $15,609 for a new and unused 1990 road repair unit to be funded equally from accounts 07 -27 -6902 [General Bond Capital Improvements Fund] and 01-22 -6902 [Street Department] and Councilmember Carter seconded the motion All were in favor and the motion passed unanimously. MAYOR'S ACTIVITY REPORT - -JANE MONDAY Alcohol /Drug Task Force Action Plan Mayor Monday then distributed a copy of the "Action Plan" from the Huntsville Alcohol and Drug Abuse Task Force for review prior to next Tuesday, at which time the entire Task Force has been invited to attend the meeting to review it with the Council before its formal acceptance of the "Action Plan" for implementation. She reminded the Council the full report of the Task Report was presented to the Council on August 1, 1989. She said the new members of the Task Force who will implement the "plan of action for 19901' will also be invited to the December 12 Council Meeting. She said there will be a reception here after the Council Meeting for those volunteers who authored the report and for those who will implement the action plan. She encouraged the Council to ask any questions they have about this plan. She said Walker County and HISD have already reviewed the final report and the action plan, are pleased with them, and will subsequently be taking action on the "Plan of Action" so that there can be a joint community effort. She said she has invited Sheriff Myers; Sam Prestwood; HISD Superintendent Dale Dixon, and County Judge Frank Robinson to attend the meeting next week. MEETING OF THE COUNCIL MEETING OF DECEMBER 5, 1989 BOOK "P" 573 Various Activities Mayor Monday advised that: she visited with the tirst secona ana tnira grace ctdbbeb v, Houston Elementary School today; she assisted in lighting the Hospital's Christmas tree; the Christ Parade is set for Thursday evening and the Council is to meet at the University Hotel at 6:45 P.M.; downtown Christmas Decorations are in place and commendations are extended to Gretchen Durham, Pa Robinson, Sam Sandel and city staff for their work. Sam Houston Folk Festival Update Mayor Monday said she met with the Sam Houston Folk Festival subcommittee to work on bringing it groups for the 1990 Festival. She said Councilmember Gaines contacted the Boy Scouts and this contact lec to a movement to acquire a "Boy Scout Heritage Badge" which will be a permanent part of the Heritage Trait [there are only two in the state]. She said thanks to Dr. McGee, the Sam Houston Folk Festival subcommittee will work with the Boy Scouts to implement this badge, noting this is something they can do year around. The Mayor said the other groups working with the Festival Subcommittee are the Girl Scouts, AARP, DAR, DRT, Garden Club, and hopefully, their sister and brother organizations will also become involved. COUNCIL ACTION Weekend Activities Councilmember Gaines said the autograph party with artist Harry Ahysen signing copies of his Woodlands Home watercolor print was a success. She also reported there were a lot of out of town people here for the Christmas Homes Tour. [The proceeds from both events to benefit the Sam Houston Memorial Museum] . "Goods -in- Transit Tax" Concern Councilmember Green expressed a little concern about Ordinance No. 89 -40 just adopted by the Council reaffirming the collection of a "goods in transit" tax until some time in the future. He said while he did vote for this ordinance, in reflection, he is not sure the Council has done the right thing. He felt there is a good reason why the states are providing this legislation as it may encourage economic growth and development. He felt, however, it might put Huntsville in an awkward position and may preclude Huntsville from attracting distribution centers and warehouses, etc. because of its tax on "goods in transit." He was uncertain that the city could, at some later point, reverse this taxing situation. Mayor Monday assured him the city does have this option. Councilmember Green asked under what circumstance could the city reverse' this action. Mr. Gene Pipes, City Manager, advised the city can elect to release this tax at any time, but without affirmative action by the council on this now, the current tax collection authority will cease; therefore the City Council will not be able to continue the tax until a future time when it could decide to abate the tax as they will lose that discretionary authority. Councilmember Barrett felt this action is more of a safeguard which will insure that the city can retain the authority to discontinue this tax when it chooses to do so at a later date; however, it could not continue to collect it now if it does not take affirmative action to continue it. Councilmember Green asked if every taxing jurisdiction has to take affirmative action simultaneously. Mr. Pipes said that would not be necessary. Councilmember Green then emphasized his understanding that if the city retains this tax now it will not lock itself into a situation that cannot be reversed at a future date. Mr. Pipes said that is correct. Boy Scouts Recognized Councilmember Bell asked that the Boy Scouts in attendance - -Jim Standefer and Aaron Bell of Troup 114 --be recognized. He said they are attending this council meeting as a requirement for earning their "Communications Merit Badge." MEETING OF THE COUNCIL MEETING OF DECEMBER 5, 1989 BOOK "P" 574 Congratulations are in order for HISD Hornet Football Team Coaches Teachers and Parents, for winning the Regional Title and as they prepare the the Quarter Finals. Councilmember and Mayor Pro tem Howard felt the Mayor and City Council should sign one letter saying the city is behind the student athletes and support their activities. He said it is a real chore for young people to grow up and discipline themselves as those young people have. He said he thinks the City needs to show its gratitude and that it is important to let the young people know the city appreciates the fact they are growing in an upward direction. Mayor Monday suggested Mr. Howard write that letter for their signatures. She proposed when the season is over, the Council may want to recognize the Athletic team and also the Academic Team, which has been very successful as well. She said with the Council's permission. both the Athletic Team and the Academic Team will be recognized in the first meeting in January. She asked Mr. Howard to submit his thoughts so they can be included in the recognition documents along with a note of appreciation for the good reputation these teams have created for Huntsville. MEDIA INQUIRY Huntsville - Alabama Storm Relief Fund Total Mr. Don Norman, Reporter from KSAM -KHUN Radio Station, asked the Mayor if there was a final total on the Storm Relief Fund for Huntsville, Alabama, noting the County Judge's figure is $1,400. Mayor Monday indicated Judge Robinson should have the final figure. She said hopefully these funds can be sent to Alabama in the near future. ADJOURNMENT Respectfully submitted, uth DeShaw, City Secretary December 5, 1989