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MIN CC 02/20/1996CITY COUNCIL MEETING OF FEBRUARY 20, 1996 BOOK "S" MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF FEBRUARY, 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 Dan S. Davis Ronald L. Lange Andrew Holmes ABSENT: Ann James None. Dave Luning JoAnn Matthews Marjorie Rex David Martinez CITIZEN INPUTIINQUIRY Officers: Gene Pipes, City Manager Scott Bounds, City Attorney Danna Welter, City Secretary INVOCATION Invocation by Carroll Williams, First Baptist Church. CONSIDER THE NUNUTES OF FEBRUARY 13, 1996 Councilmember Davis made a motion to approve the minutes of February 13. 1996 and Councilmember Matthews seconded the motion All were in favor and the motion passed unanimously. Were, Councilmember James absent] ATTENDING CITIZENS 1. Maurice Willis. `Mother's Memories ". 1027 Sam Houston Avenue, to discuss the hanging of a sign on the end of an awning. Mr. Willis stated that he was requesting permission to mount a sign on the awning at his business, "Mother's Memories ", at 1027 Sam Houston Avenue. The color scheme coordinates with the downtown theme. Mayor Green stated that in the Development Code, any sign in the downtown area is to be reviewed by the Arts Commission, and any sign over the sidewalk also needs City Council approval. Mr. Willis stated that he has sent an application to the Arts Commission along with a sketch of the sign. Mayor Green stated that although this is a new provision in the Code and the process is being identified, the Arts Commission has 14 days to review and make a recommendation to City Council. 2. Dr. Jim Carter, to discuss the questions /answers in his presentation to City Council on January 23. 1996, the City's requirement for hydrological studies, and the clearing of acreage on Lake Road. Dr. Carer asked what the current policy of the City is with regard to the protection of drainage basins and drainage structures in the development of property? What hydrological studies are required before land space can be cleared for development? Would you please provide copies of the hydrological studies conducted prior to the clearing of the large land space behind Moore -Henry Motors on Lake Road. What is the policy of the City with regard to fire pits for the purpose of burning organic material during the clearing of land? Are they permitted? How deep may they be? And what slopes should their sides have to prevent a safety hazard? Who has liability for the dangerous, deep and steep sided fire pit located on the Lake Road property? What are the current plans for the application of the greenspace ordinance on the Lake Road property? Mr. Pipes stated that he compiled a response to the questions presented to Council on January 23rd. He presented Dr. Carter with the information requested (it was noted that the information was previously presented in the budget work book, work sessions, council discussions, etc.). In response to Dr. Carter's questions on the Lake Road development, staff stated that all permits and regulations required by the Development Code have been obtained/met. CONSIDER TAX REPORT FOR JANUARY WITH ADJUSTAIENTS TO THE LEVY AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER Councilmember Matthews made a motion m approve the January tax report with adiustments to the levy as recommended by Grover Cook. ChiefCook. Chief Appraiser. and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF FEBRUARY 20, 1996 BOOK "S" 12 CONSIDER A GRANT APPLICATION FOR PROVIDING SEWER TO THE TALL TIMBERS AREA OFF F.M. 1374 l BY APPROVAL OF AN APPLICATION AGREEMENT WITH BRUCE J. SPITZENGEL Mr. Wilder stated that the City applied last year for a grant for sewer to the Tall Timbers area and were directly under the funding level. Staff feels that this project will be approved this yew, and requests approval of an application agreement with Bruce J. Spitzengel, Consultant. Councilmember Davis made a motion to amrrove a grant application for Drovidina sewer to the Tall Timbers area by maroval of an application agreement with Bruce J. Sr itzengel. Consultant, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimousl CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH ROBERT GRIEVE INTERNATIONAL, FOR AN AUDIT OF THE USE OF GASOLINE AND DIESEL FUELS AND THE RECOVERY OF ANY REFUNDS APPLICABLE FOR OFF ROAD USE Mr. Schindler stated that several months ago a representative from Robert Grieve International came and stated that there were some indications from records obtained from the state that possibly the City of Huntsville is not getting all the rebate on taxes paid for fuel. This company will audit the process, check the City vehicles, and make sure the City is applying for the right amount of credit for those vehicles. The company will retain 35% of the monies recovered for the past twelve months and 35% of any additions/corrections made for the next twelve months (above the current amount). Councilmember Rex made a motion to authorize the City Manager to enter into a service agreement with Robert Grieve International for an audit of the use of gasoline and diesel fuels and the recovery of any refunds applicable for off road use, and Councilmember Lange seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER ORDINANCE 96 -02 -20.1 AMENDING SECTION 9 - LONGEVITY OF THE PERSONNEL POLICIES Mr. Schindler stated that some employees are interested in receiving their longevity in one annual payment at Christmas. Modifications in the Personnel Policies have been made to allow this process. Councilmember Lange made a motion to approve Ordinance 96 -02 -20.1 amending Section 9. LODgeVitV of the Personnel Policies to provide that emplovees may receive their longevity Dav in one annual Davment, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously Councilmember Lange asked staff to notify employees that these monies will not earn interest during the yew. MAYOR'S ACTIVITY REPORT 1. Update on the Statewide Coalition of Cities for Utilities organization meeting. Mr. Pipes stated that he had attended a meeting of the Statewide Coalition of Cities for Utilities in Austin. Over 100 cities were represented at this meeting, ranging from large to very small cities. An interim board of directors was formed. This board will estimate on an annual basis the costs /funds needed to be able to notify the constituent cities and maintain a vigil on the regulatory commissions, as well as the Texas Legislature and the U.S. Congress. In two weeks, the Coalition will have set the membership fees on a pro rata per capita basis (based upon the estimated cost of operation). The City of Huntsville cams almost $1 million per year from franchise taxes from utility companies and it serves our interest to become involved in the Coalition. 2. Articles in the TML Magazine. Mayor Green noted that in the February issue of the TML magazine, there is an article entitled "The City of Huntsville Uses H.B. 680" written by City Secretary Damon Welter. Mayor Green stated that there is also an interesting article in this issue on the deregulation of public utilities ( 95th legislature). City Attorney Scott Bounds stated that President Clinton signed the telecom bill, effectively ending cities regulation of telecable services. 3. Pending and future proiects Planning and Prioritizing work session to be held on March 12. Mr. Pipes provided City Council with a preliminary list of pending/future projects and asked that Council review the list and add any projects that they feel need to be discussed on Much 12. CITY COUNCIL MEETING OF FEBRUARY 20, 1996 BOOK "S" 13 -'- 4. Annointments to Boards and Commissions. A) Zoning Board of Adjustment: Ralph Brim from Alternate A to Member. Place 3; and Gayland Moulder from Alternate B to Alternate A. Councilmember Lange made a motion to approve Ralph Brim as Member. Place 3. and Gayland Moulder from Alternate B to Alternate A. and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. B) Parks Advisory Board: Reappoint Jill Baine and appoint John Gilbert. Councilmember Rex made a motion to approve the reannointment of Jill Baine and annoint John Gilbert to the Parks Advisory Board. and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. C) Board of Adjustment and Appeals: Reappoint Dan Phillips. Councilmember Lange made a motion to approve the reanpointment of Dan Phillips to the Board of Adiustment and Anneals. and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. 5. CIP Update in FYI Section. Mayor Green stated that the numbers in the CIP memorandum do not match due to the fact that there was $4.5 million in bond money, but $5.2 million in projects. There is currently $900,000 in the account, with $200,00 anticipated at year end. 6. Special Meeting. A special meeting is scheduled for February 26 at 11:15 a.m. to pass a resolution needed by the Trinity River Authority. CITY COUNCILMEMBER ACTION Gang Problem/Graffiti. Councilmember Lange stated that in the last few weeks he has talked to staff, members of the community (including teenagers), and it is his conclusion that there is a City-wide problem. To combat the gang/graffiti problem, we must collectively attack. This will take the cooperation of many entities in our community; i.e. churches, youth organizations, civic groups, H.I.S.D., County, City and the parents in our community. At the next City Council meeting, he is going to make a proposal to appropriate monies to combat the graffiti problem with a crime stopper type program (reward for the arrest and conviction of those that are responsible for the graffiti on private and public property in our community). Political Signs. Councilmember Lange stated that City staff/Highway Department staff have been collecting illegal campaign signs placed in Huntsville. This is not just an aesthetic problem, but can be critical to workers climbing utility poles that have nails, tacks in them. The politicians in this community should obey the laws of the State and City of Huntsville regarding the legal posting of campaign signs. Con munity Meeting/Juveniles. Councilmember Matthews stated she received notice of a community meeting to be held on Thursday at City Hall, 1:00 p.m. and would have the letter copied for all Council members. Shipman Property. Councilmember Rex stated that many cars have been hauled away, and asked if the steel will be removed. Mr. Bounds stated that all metal is to be removed from the site. Mr. Shipman has until the end of the month to complete the project. Councilmember Rex requested the ordinances dealing with this issue (junked vehicles, trash) be discussed at the Work Session scheduled. MEDIA INQUIRIES Recess into a EXECUTIVE SESSION to consider items as follows: ' real estate acquisition: land acquisition for the Robinson Creek Wastewater Treatment Plant; " contemplated litigation: Walker County Rural Water Supply System, and Atlantic Technologies; and ' pending litigation: Townsend v. State Farm, et al. Danna Welter, City Secretary