MIN CC 11/17/1996CITY COUNCIL MEETING OF DECEMBER 17, 1996 BOOK'S"
60
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF DECEMBER, 1996, IN THE CITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in regular session with the following members present:
COUNCILMEMBERS:
William B. Green, Mayor
Dave Liming
Officers:
Dan S. Davis
David Martinez
Gene Pipes, City Manager
Ronald L. Lange
JoAnn Matthews
Damon Welter, City Secretary
Ann James
Marjorie Rex
Scott Bounds, City Attorney
CITIZEN INPUTIINQUIRY
Charles Smither. Mr. Smither stated that he had gone to the Service Center to obtain a sign permit and was told that he needed to
be a sign contractor in order to get a sign permit. It appears from research that there has been a failure by City staff to enforce this sign
ordinance as set forth by City Council in the Development Code. During the last fiscal year, only 29 signs were permitted through
the City. This is a revenue producing ordinance and should be enforced. He also stated that there is insufficient information on is
being filled out on the sign permits forms to allow anybody to determine if the permit fee had been calculated properly (square feet,
height, etc.). In addition, the Code calls for Building Official to issue an individually numbered sticker, tag or token to identify
permitted signs. This has not been done. Mr. Smither stated that City Councilmembers should not be exempt from this ordinance.
INVOCATION
Invocation by Pastor Gary Garrison, Second Baptist Church.
OPEN PUBLIC HEARING - EXTENDING A NONEXCLUSIVE FRANCHISE TO TCSI HUNTSVILLE, INC.
TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE CODTMUNICATIONS SYSTEM IN THE CITY
CONSIDER ORDINANCE 96 -12 -17.1
Mayor Pro Tem Lange opened the public hearing at 5:30 p.m. No public input. City Attorney Scott Bounds explained that there
was a publication error on the last reading of this ordinance and this would be considered the first reading of this ordinance. The second
reading will be held at a public hearing at the January Council meeting. There may be modifications before the next reading. The
hewing was closed at 5:32 p.m.
Councihnember Matthews made a motion to annrove Ordinance 96 -12 -17.1 !first readinel to extend a nonexclusive franchise to
TCSI Huntsville. Inc., to construct. ooerate and maintain a cable communications system in the Citv. and Councilmember James
seconded the motion. The motion passed unanimous!
CONSIDER RESOLUTION 96-12 -17.1 SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES
FILED BY ENTERGY GULF STATES, INC., FOR A PERIOD OF 90 DAYS BEYOND THE DATE SUCH SCHEDULES
WOULD OTHERWISE GO INTO EFFECT; PROVIDING FOR PARTICIPATION WITH OTHER CITIES
REVIEWING SUCH REQUEST; AND RATIFYING SELECTION OF ATTORNEYS AND CONSULTANTS
a) Mr. Stan Foley, Huntsville Customer Service Manager, Entergy, to discuss the filing of the Transition to Competition Plan with
the City of Huntsville and the Public Utility Commission of Texas on November 27.
Mr. Foley stated that Entergy made a filing on November 27th with the PUC of Texas, the City of Huntsville and 64 other
jurisdictions throughout Texas. This filing is called a "transition to competition' plan because it provides a road map for greater
competition and increased customer choice. This plan is two fold - when the merger took place in 1993, the merger stipulated that
during three different intervals following the merger there would be a time where there would be a filing to review rates, cost of service,
etc., and the first requirement was this November. The filing fulfills the commitment with the commission and cities. Two other filings
will take place - November 1998 and November 2001. The second fold purpose is to meet a desire that the PUC is asking for. The plan
filed as asked for by the PUC will set the road map to a greater competition and increased choice within the service territory. Three
keys in the "Plan" are that it must be fair to all customers, it must be beneficial to all customers and it must maintain the service
reliability of an electrical system that we now have. The plan approaches this with four key elements: 1) an orderly transition to a
competitive marketplace that is fair to all customers; 2) it holds base rates steady for a period of seven years; 3) Entergy will be
prepared to offer the benefits of a competitive environment to all customers at the end of the transition period and 4) the integrity and
CITY COUNCIL MEETING OF DECEMBER 17, 1996 BOOK "S" 61
reliability of Entergy's system will be preserved for all the customers serviced. Entergy's rates have dropped 16% since the merger
three years ago. Separate and apart from the filing of the "Plan", Entergy is asking for relief of higher fuel prices. These costs are set
by the PUC and based on estimates of the market. City Council has 45 days from the filing to make a decision regarding the plan.
There are four options: 1) accept the plan, 2) deny the plan to the PUC, 3) suspend the plan for a later decision, or 4) take no action.
b) City Attorney Scott Bounds/Councilmember Dave Loving to discuss recommendation of Coalition of Cities. Councilmember
Liming stated that he and Scott had attend a Coalition of Cities meeting last week to discuss these issues. Before the Entergy Plan is
presented to the PUC in April, the Coalition would like to develop alternate plans. The recommendation at this time is to suspend the
rate case.
Councilmember Luning made a motion to approve Resolution 96 -12 -17.1 suspending the operation of proposed rate schedules filed
by Entemy Gulf States. Inc., for a period of 90 days beyond the date such schedules would otherwise go into effect and providing for
participation with other cities reviewing such rectuests and ratifying selection of attomevs and consultants. and Councilmember Davis
seconded the motion. The motion passed unanimously.
CONSIDER CITY ATTORNEY'S REPORT REGARDING REGULATING
ADULT ENTERTAINMENT ESTABLISHMENTS
City Attorney Scott Bounds stated that he presented to Council a memorandum regarding adult entertainment establishments to
outline options for Council. It reads:
At the last City Council meeting, City Council requested my advice regarding its authority and options to regulate businesses such as The
Rubber Ducky, a store thatprimarily sells goods related to human sexual activity. Citizens at that meeting gave Council various handouts
related to pornography. The handouts were generally accurate in the summary of the law, but addressed the law from a national perspective.
L State law already prohibits pornography.
States have the right to regulate pornography according to local community standards. Accordingly, the Texas Legislature already prohibits
the sale of obscene materials or devices. See Texas Penal Code § 43.23(a). This law broadly prohibits pornography following the guidelines
established by the United States Supreme Court.
Additionally, state law regulates some activities and materials that the community may not prohibit under the First Amendment, but which it
may restrict. Texas law therefore limits the sale and display of "harmful material" to minors. See § 43.24.
IL Adult entertainment establishments.
Local communities may additionally regulate sexually oriented businesses that offer materials or activities deemed harmful or offensive to the
local community, but notprohibiled by state law.
Such activities not prohibited by Texas law is protected as "speech" under the First Amendment of the United States Constitution. Therefore,
to regulate such activities, the City Council must carefullyfollow certain procedures already defined byjudicial opinions.
a. Zoning and spacing requirements.
Generally, the City "may only limit the areas where this type of speech can occur. [The City Council] cannot enact ordinances that leave no
place for these activities, no matter how offensive [it] may find them." Jay Sekulow and Liberty, Life and Family Publications /handout to City
Council. The U.S. Supreme Court has determined that City mayprevent an adult entertainment business from locating within about L000feet
of churches, schools, residences and parks, orpossibly other similar areas such as malls, if the City can show such sexually oriented businesses
have negative secondary effects upon the community. The City may either conduct its own study or rely upon studies conducted by other cities.
The study requires that the City conduct a public hearing on the matter.
j b. Licensing, structural and other regulations.
Local governments can have special licensing procedures for adult entertainment establishments if the City shows that the process operates
lofivther the substantial government interest in insuring compliance with criminal laws such as those associated with obscenity, prostitution
and child pornography. The licensing may be for the business, its employees, or both The city may also regulate the exterior and interior
configuration of adult entertainment establishments including design and placement of barriers, partitions, lighting and signage. The City
may also regulate the hours of operation of sexually oriented businesses.
The City's regulations may be more slringentfor establishments that sell alcohol.
III. Summary
Regulating adult entertainment, because of the First Amendment implications, can be a complicated process that may only provide limited
success in keeping those businesses from opening in our community. The primary device that the City has to regulate such businesses is an
CITY COUNCIL MEETING OF DECEMBER 17, 1996 BOOK "S"
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ordinance that regulates their location, unfortunately, the public may view such regulation as inviting sexually oriented businesses into the
community.
The consensus of Council was to impose what restrictions are possible to be implemented. Mayor Green asked Mr. Bounds to begin
the necessary steps and bring back to Council.
CONSIDER TAX REPORTS AND ADJUSTMENTS FOR THE PERIOD ENDING 9- 30 -96, AND 11 -30 -96
AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER
Councilmember Davis made a motion to approve the tax reports with adjustments for October and November. 1996. and
Councilmember Rex seconded the motion The motion passed unanimously.
CONSIDER TAX REPORT BY GROVER COOK, CHIEF APPRAISER
Mr. Cook gave a report on the City's tax collections - delinquent and current.
CONSIDER RESOLUTION 96 -12 -17.2 ADOPTING A DIFFERENT FISCAL YEAR FOR THE
WALKER COUNTY APPRAISAL DISTRICT AS REQUESTED
Councilmember Lunine made a motion to approve Resolution 96-12-17.2 adopting a different fiscal vgar (September I - August
31) for the WCAD and Councilmember Matthews seconded the motion The motion passed unanimously.
CONSIDER BUDGET ADJUSTMENTS FOR THE YEAR ENDING 9- 30 -96, AND THE
BUDGET ADJUSTMENTS FOR FY 96 -97 APPROVING ENCUMBRANCES FROM THE PRIOR YEAR
Councilmember Rex made a motion to approve the budget adiustments for the Year ending 9- 30 -96. and the budget adjustments
for FY 96-97 approving encumbrances from prior Year and Councilmember Lange seconded the motion The motion passed
unanimously.
CONSIDER ADOPTION OF DESIGN GUIDELINES FOR SIGNAGE IN THE HUNTSVILLE DOWNTOWN DISTRICT
AS RECOMMENDED BY THE HUNTSVILLE ARTS COMMISSION
Councilmember Lunine made a motion to adopt design guidelines for signage in the Huntsville Downtown District as recommended
by the HAC and Councilmember Lange seconded the motion The motion nassed unanimously.
CONSIDER ORDINANCE 96 -12 -17.2 AUTHORIZING ISSUANCE OF AN EQUIPMENT ACQUISITION CERTIFICATE
OF OBLIGATION FOR A NEW RUBBER TIRE LOADER IN THE AMOUNT OF $86,300 (INCLUDES TRADE -IN)
Councilmember Rex made a motion to approve 96-12-17.2 authorizing issuance of a certificate of obligation for a rubber tire loader
in the amount of $86,300 (including trade-in). and Councilmember Davis seconded the motion The motion passed unanimously.
CONSIDER BIDS/PURCHASES
a) Consider authorization to lease /purchase one rear loading garbage truck through the Houston - Galveston Area Council (HGAC)
in the amount of $69,985.26 (including trade -in).
Councilmember James made a motion to approve the lease /purchase of one rear loading garbage truck through the HGAC in the
amount of $69,985.26 (including trade -in) and Councilmember Davis seconded the motion The motion passed unanimously.
b) Consider bid for the light pole renovation project at Kate Barr Ross Park to Liteco Electric to include the base bid and alternate
42 for a total of $49,950, with budgeted funds ($46,000 and transfer of $6,150 from the General Fund Reserve for a total of
$52,150).
Councilmember Rex made a motion to approve the bid for light pole renovation to Liteco Electric for the base bid and alternate
#2 for an amount of $49,950 (budgeted funds of $46.000 and transfer $6,150 from General Fund reserve for a total of $52.150). and
Councilmember James seconded the motion. The motion passed unanimously.
c) Consider Bid 97 -5, purchase of one new and unused 1997 diesel powered backhoe to Preco Machinery in the amount of $33,000
(including trade -in).
Councilmember Mathews made a motion to approve Bid 97 -5 purchase of 1997 diesel powered backhoe to Preen Machinery in
the amount of $33.000 (including trade -in). and Councilmember Lange seconded the motion. The motion oassed unanimously.
CITY COUNCIL MEETING OF DECEMBER 17, 1996 BOOK "S ".
CONSIDER APPROVAL OF SIGNS FOR THE HUNTSVILLE i1IUNICIPAL AIRPORT
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AT AN ESTIMATED COST OF 514,800 (PAID FROM AIRPORT RESERVE FUND)
Councilmember James made a motion to approve signs for the Huntsville Municipal Airport at an estimated cost of S14,800 to be
paid from the Airport Reserve fund and Councilmember Rex seconded the motion. The motion passed unanimously.
CONSIDER RESOLUTION 96 -12 -17.3 ASSIGNING THE AUTHORITY TO ISSUE QUALIFIED
MORTGAGE REVENUE BONDS TO WALKER COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF
SOUTHEAST TEXAS HOUSING FINANCE CORPORATION
Councilmember Davis made a motion to approve Resolution 96 -12 -17.3 with the above listed caption, and Councilmember Rex
seconded the motion The motion passed unanimously.
CONSIDER RESOLUTION 96 -12 -17.4 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION
TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR THE PURPOSE OF FUNDING
TWO POLICE OFFICERS (BICYCLE UNIT) (4TH YEAR OF 5 YEAR GRANT)
Councilmember Rex made a motion to approve Resolution 96-12-17.4 authorizing the submission of a grant application for the
Pumose of funding two police officers and Councilmember James seconded the motion The motion passed unanimously.
CONSIDER SPECIAL UTILITY EXTENSION REQUEST BY ANDY FLACK FOR DEVELOPMENT OF A LOT
LOCATED ON FM 2821 AT A COST TO THE CITY OF $20,767.09
Councilmember Rex made a motion to approve a special utility extension recuest for development of a lot located on FM 2821 at
a cost to the City of S20,767.09, and Councilmember Lange seconded the motion All were in favor except Councilmember Matthews.
The motion passed 7 -1
CONSIDER MCQUIRTER STREET EXTENSION REQUEST BY ALLOWING THE CITY ENGINEER
TO CONTACT OWNERS OF PROPERTY REQUESTING THE RIGHT -OF -WAY FOR THE 1ST STREET EXTENSION
Staff requested permission for Glenn Isbell, City Engineer, to contact owners of property requesting the fight -of- -way for the 1st
I Street extension. There is no reason to add this project to the CIP plan in the future if the right -of -way is unattainable.
I1 Consensus of Council was to allow the City Engineer to make these contacts.
DISCUSS STATUS OF WALKER COUNTY LANDFILL
Mr. Pipes stated that Mr. Steve Dickey was requesting a non - binding letter from the City stating that at the end of the contract with
Waste Management the City would consider the use the Dickey Landfill for solid waste disposal. It is expected that the Dickey Landfill
will open in April or May of 1997, and expects his tipping fees to be competitive with other landfills.
Mayor Green stated that it would be in the best interest of the City to review all options available and indicated that a letter could
be written to Mr. Dickey indicating interest in his landfill and requesting a proposal.
ATTENDING CITIZEN
1. John Jafreh to discuss the general competence of the City and Police Department.
Mr. Jafreh passed out information to all Councilmembers and stated that he felt the City is "milking" the taxpayers. He stated
that to hire or promote a person with less qualifications than one that meets the requirements of the job is an action that borders on
criminal intent. He asked that Councilmembers do their duty and to recognize and deter corruption and theft.
MAYOR'S ACTIVITY REPORT
1. Discuss address changes for 911 and direct staff.
Consensus of Council was to schedule a work session to discuss the 911 addressing changes.
2. Discuss TCA Cable line up changes.
Mayor Green stated that TCA Cable has added Trinity Broadcasting Network (TBN) to the Basic service, American Movie Classics
and ESPN2 to Standard service, and FOX Sports will become a part of the Standard service. KTREtABC, Lufkin, E! Entertainment
TV, and Odyssey will no longer be a part of the cable service.
CITY COUNCIL MEETING OF DECEMBER 17, 1996 BOOK "S" 64
3. Consider Resolution 96 -12 -17.5 in support of the Sam Houston State University Golf Course.
Councilmember James made a motion to approve Resolution 96-12-17.5 in support of the Sam Houston State University golf !
course and Councilmember Davis seconded the motion The motion passed unanimously.
4. Consider Resolution 96 -12 -17.6 creating a task force to determine the best use of financial and people resources interested in Sister
Cities relationships.
Councilmember Rex made a motion to approve Resolution 96-12-17.6 creating a Sister City Task Force. and Councilmember 1
Martinez seconded the motion The motion passed unanimously.
CITY COUNCILMEMBER ACTION
1. Consider selection of broker dealers.
Councilmember Davis made a motion to continue relationship with First Southwest. Smith- Bamev. and add Morgan- Keeghan
(Houston) and Merril Lynch as broker dealers and Councilmember James seconded the motion The motion passed unanimously.
2. Consider Ordinance 96 -12 -17.3 adopting the revised Personnel Policies.
Councilmember Lange made a motion to approve Ordinance 96-12-17.3 adopting the revised Personnel Rules. and Councilmember
Rex seconded the motion. The motion passed unanimously.
3. Consider reappointment of Jack Haney as City Judge for a period of two years.
Councilmember Lange made a motion to reappoint Jack Haney as City Judge for a period of two years and Councilmember Rex
seconded the motion. The motion passed unanimously.
Recess into EXECUTIVE SESSION to discuss:
a) pending litigation (Townsend v. COH, Barkley v. COH); and
b) real estate acquisition (Avenue C, Gibbs/ Palm Street water tower site, Robinson Creek Wastewater Treatment Plant site, and Elks
Drive ROW).
CONSIDER PURCHASE OF PORPERTY ADJACENT TO THE PALM STREET WATER PLANT FROM
GIBBS BROTHERS & COMPANY
Councilmember Matthews made a motion to purchase the property adjacent to the Palm Street water plant from Gibbs Brothers
& Company for $8.000. and Councilmember Rex seconded the motion. The motion passed unanimouslv.
MEDIA INQUIRIES
Wayne Sorge, KSAM asked if the City felt it could regulate Rubber Ducky out of business. Mr. Bounds stated that at this point
Council has asked staff to look at regulations and recommend options to Council at a subsequent meeting.
Danna Welter, City Secretary