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MIN CC 08/05/1997CITY COUNCIL MEETING OF AUGUST 5, 1997 BOOK "S" 104 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5TH DAY OF AUGUST, 1997, 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: ji William B. Green, Mayor Marjorie Rex Officers: Dan S. Davis Dave Liming Gene Pipes, City Manager '.j Ronald L. Lange Ann James Danna Welter, City Secretary Vance Howard JoAnn Matthews Scott Bounds, City Attorney ABSENT: David Martinez it Convene and recess into EXECUTIVE SESSION [4:45 p.m.] to consider a real estate acquisition - Post Office. CITIZEN INPUTIINQUIRY 1. Jack Spence. Mr. Spence stated that he was unhappy with the headlines in the Huntsville Item relating to annexation. He did not agree with the annexation of Highway 30 East and as a citizen of the City asked that the City reduce the sales tax it collects by one half of one percent, around $540,000. 2. Doris Powell. Mrs. Powell stated that she felt annexations should be planned along with services to be provided upon annexation. She visited Nacogdoches recently and they do have a plan where upon annexation, services are delivered between one and three years. She requested the following services to be provided within ten to twelve months: greater water pressure, City sewage, fire hydrant on Anders Lane, and improvement of the streets (Anders Lane and Allen Road). INVOCATION ' Invocation by Chaplain Jim Sprout, Episcopal Student Center /S[. Luke's Chapel. ATTENDING CITIZENS 1. Mr. Lee Howard, Habitat for Humanity, to re- discuss the drainage proposal for property on I Ith Street at Elm Street. Mr. Howard stated that to develop more lots in the Habitat subdivision, storm drainage improvements are required. Habitat for Humanity has received a $72,000 grant from HUD to do infrastructure improvements. Habitat is proposing to provide funding for improvement to their property (estimated at $24,060) and request that the City provide improvements to the existing system (estimated at $18,270). They also request that the City contract for the total project using the plans previously prepared by Harris and Associates. Councilmember Matthews asked what the $72,000 grant would be used for. Mr. Howard stated these funds would be used to construct two access roads (private drives), and other improvements. Mayor Green stated that City Council has previously voted not participate in this project and asked stall if Council needs to r; reconsider based on any engineering reasons. City Engineer Glenn Isbell stated that the drawing presented has been approved by the Planning Commission contingent on Habitat constructing all the public improvements (including the drainage). If they elect not to construct all the drainage drawn, they will need to present an alternate plan to the Commission Councilmember Davis stated that Habitat for Humanity is a commendable organization, but We City does not have a drainage policy and requests of this type have not been funded by the City in the past. He stated that perhaps a general level of support could be considered to Habitat during the budget discussion to follow. MAYOR'S ACTIVITY REPORT 1. Consider agreement with Curtis Development Company and the U.S. Postal Service for location of post office at Highway 30 and West Hills Drive. Mayor Green stated that the proposed agreement between the City and Postal Scrvice requires the City to assure that 1) the Thomason Joshua Allen house be moved within three months from the Highway 30 site to another site that satisfies die State Historical Commission, 2) a 41 foot curb and gutter street at least 500 feet in length will be constructed, and 3) within six months water and sewer will be available on the site. This agreement will be subject to a transaction for the exchange of properties and monies between Curtis Development Corporation and the U. S. Postal Service. Councilmember Luning made a motion to aonrove an agreement between the City and the U S Postal Service as outlined above and allow the Mayor and City Manager to sien such contract. and Councilmember Rex seconded the motion The motion cussed unanimously. I E� CITY COUNCIL MEETING OF AUGUST 5, 1997 BOOK "S" 2. Consider a proposal to accept for maintenance and dedication certain streets in Elkins Lake Subdivision. 105 Mayor Green stated that at the time Elkins Lake was annexed by the City, there were several private streets in the subdivision that were not dedicated as public. Requests have been received from homeowners in these areas to accept these as public streets for public maintenance. Mayor Green recommended that West Lake Shores North, West Lake Shore East, West Lake Shore South, West Lake Shore West and Durham Drive be accepted contingent upon the property owner's association, or at least 75% of the property owners of Section 3 of West Lake Shores, dedicate the 28' private access easement/private street to the City, and the property owners of 75% or more of the property adjacent to the access easement/private street grant to the City an easement to work in the 10' utility easement adjacent to the access easement/private street in order to maintain and repair the street. Mayor Green also recommends that the City accept the street At the Eighteenth subject to the Water's Edge at the Eighteenth Property Owner's Association, Inc., dedicate a 28' private access casement/private street to the City, the association dedicate a 12' wide easement along the west (lake) side of At the Eighteenth to the City for use as a street right -of -way, the association dedicate three 30' wide drainage easements to the City across three space areas from At the Eighteenth to Elkins Lake for possible future use in street drainage, the owners of at least 75% of the property on the east (golf course) side of At the Eighteenth grant to the City an easement to work in the 10' wide utility easement adjacent to the street for the purpose of maintaining and repairing the street, and the association or (should the association cease to exist) an organization which is organized and operated for purposes substantial ly identical to the purposes of the association agree to maintain the driveways, parking areas, common areas and associated existing drainage structures between Al the Eighteenth and Elkins Lake and maintain the driveways, parking areas and associated drainage known as Water's Edge private street. Mayor Green recommends that the City accept the dedication of the existing entrance to Elkins Lake plus five feet on both sides (Lot 10, Block 1, Section I) from the RecCorp for use as a public street. Councilmember James made a motion to accent the Mayor's recommendation on the dedication of private streets in Elkins Lake Subdivision and Councilmember Howard seconded the motion. Councilmember Luning asked if the recommendation could be amended to read "the owners of 75% of the lots" instead of "75% of the property owners ". Councilmember James and Councilmember Howard agreed to this amendment. Councilmember Lange stated that this proposal is in direct conflict with the Development Code of the City. Council needs to be aware that the Code requires 36 feet from the back of the curb to the front of a residence. This proposal has a minimum of fifteen feet. If this Council would like to accept this easement as a road, he suggested that in fairness die Development Code be amended. If there are no extenuating circumstances that anyone can give for changing the rules for one area and not giving those changes to everyone else he opposes the acceptance of these streets and plans to vote against the motion. Councilmember Matthews stated that she is opposed to the acceptance of these streets also. She stated that she did not vote for annexation of Elkins Lake 1994 and holds to that view. Councilmember Matthews stated that she feels she votes for residents in the entire community and the City of Huntsville. Councilmember Rex stated that as a real estate agent she has studied the proposal. She believes that if this passes, the Planning Commission should review and amend the Development Code to fit what is done for this particular area of town. She stated that she is opposed to this recommendation. Councilmember Luning stated that he felt it was the City's responsibility to maintain the infrastructure in the City. He stated that he realizes these streets do not meet the requirements in the Development Code. Mayor Green clarified that the problem with these streets and the Development Code is the set- backs; the streets are in good condition otherwise. Councilmember Luning stated that he feels the Code should be amended, but does not feel that if these streets are accepted they should be the standard. He plans to vote for the motion realizing that it is an exception to the Development Code. Councilmember Davis stated that the Development Code is a good document, but not perfect, and has been changed from time to time. Westlake Shores was developed not in conformity to the Code, but feels the streets look good and the Code should be modified. He also stated that he feels City Council can modify the Code without remanding this back to the Planning Commission. A public hearing should be held to gather input on the issue. He stated that he intends to support the motion, but does agree with Councilmembers opposed to the motion that some changes to the Development Code should be considered to be fair to all developers. A vote was taken Councilmembers Davis James Luning Howard and Mayor Green voted for and Councilmembers Rex. Matthews and Lange voted against The motion passed 5 -3. 3. Consider appointment of two members to the Executive Board of the Walker County Public Safety Communication Center. Mayor Green recommended that Councilmember Luning be appointed to a one year term on this Board and Councilmember Howard be appointed to a three year term. CITY COUNCIL MEETING OF AUGUST 5, 1997 BOOK "S" 106 Councilmember James made a motion to appoint Councilmember Lupine to a one year term and Councilmember Howard to a three year term on the Executive Board of the Walker County Public Safety Communications Center, and Councilmember Matthews seconded the motion The motion passed unanimously. COUNC1LhfEbiBER ACTION TML Fall Meeting. Councilmember Davis reminded City Council that the fall meeting of TML will be held August 8 and 9 at South Shore Harbor in Clear Lake. Representative Allen Hightower will the one of the speakers. Mayor and City Council Conference. Councilmember Matthews stated that she attended this conference in Waco and it was excellent. Next year it will be held in Bryan/College Station and hopes that the Mayor and other Councilmembers will attend. Work Sessions. Councilmember Matthews suggested that every three months Council have a work session to discuss pending projects. Councilmember Rex agreed that periodic work sessions would be helpful to Councilmembers. MEDIA INQUIRIES Wayne Sorge, KSAM asked the Mayor how confident he felt that he had diverted the original post office plans for the Normal Park site. Mayor Green stated that he felt very confident that the Normal Park site was not in the current plans. Mr. Sorge asked what the cost to the City would be to locate the post office on the Highway 30 site. Mayor Green stated the City would participate in public improvements at approximately $100,000 (including street, water and sewer). ADJOURNMENT Recess into WORK SESSION for presentation and discussion of the FY 1997798 budget. ' �4tiVA/ CJ Donna Welter, City Secretary