MIN CC 06/03/1997CITY COUNCIL MEETING OF JUNE 3 1997 BOOK "S 92
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF JUNE, 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:
COUNCILMEMBERS:
William B. Green, Mayor Dave Luning Officers:
Dan S. Davis David Martinez Gene Pipes, City Manager
Ronald L. Lange Ann James Scott Bounds, City Attorney
Vance Howard JoAnn Matthews Danna Welter, City Secretary
Absent: Marjorie Rex
Proclamation 97 -06 -03.1 National Garden Week
Proclamation 97 -06 -03.2 Texas Correctional Officers Memorial Week
CONVENE PUBLIC HEARING TO RECEIVE COMMENTS REGARDING AMENDING THE CITY'S FRANCHISE
ORDINANCE WITH SOUTHWESTERN BELL TELEPHONE COMPANY TO PROVIDE FOR A
LONGER TERM AND ADD A TERMINATION CLAUSE
No comments received.
CITIZEN INPUTIINQUIRY
1. Ben Wilson. President of the Elkins Lake Community Association. Mr. Wilson presented a petition from residents in Elkins Lake
for a second entrance.
2. Charles Smither. Jr. Mr. Smither stated that he sold a lot on 11th Street between Elm Street and Goodrich to Habitat for Humanity ,
for $3,000. There is an agenda item tonight where Habitat for Humanity is requesting City participation in the construction of storm
drainage improvements of $21,165. Habitat for Humanity was aware when they purchased the lot of the unlicensed drainage
structure across it. He does not feel it is justified for the City to spend these local tax funds when there are many other pressing
needs at this time. Mr. Smither also stated drat he made a proposal to the Parks Advisory Board consultant to use a portion of his
property down the road from this one for a park. He has not received a response from the consultant. The remaining lot, 1.32 acres,
at the comer of Goodrich and 11th Street would easily be made into three to four lots for residential purposes and he is willing to
discuss the exchange or sale of this property to Habitat.
3. Jack Spence. Mr. Spence spoke against the annexation proposed for the Highway 30 East area.
4. Barry Hawes. Mr. Hawes spoke against die annexation proposed for the Highway 30 East area.
5. Donald Gibbs. Mr. Gibbs stated that he owns the property directly across the street from the site of the new wastewater treatment
plant. He is concerned about the 24 hour lighting and "miles" of chain link fence. For personal reasons, he does not want the
treatment plant located this close to his home; it will create sound and light pollution. He asked Council to consider his concerns
in the placement of the treatment facility.
6. Ed DeLaGarza. Mr. DeLaGarza apologized to die City Council for creating a "circus atmosphere" at the last Council meeting.
7. John Wright. Mr. Wright commended the Council, staff and City Attorney for the SOB ordinance scheduled for adoption at
tonight's meeting. He has read the draft and is in favor of it, but feels that more constraints could be put on sexually oriented
businesses. He requested that Council, after adoption of this ordinance, to continue to enhance and restrict sexually oriented
businesses in Huntsville.
INVOCATION
Invocation by Max Adams, SHSU Methodist Student Center.
MINUTES OF APRIL 29, 1997 AND MAY 13, 1997
Councilmember Matthews made a motion to approve the minutes of April 29. 1997, and Councilmember Lange seconded the
motion. The motion passed unanimously. NOTE: Councilmember Rex absent.
CITY COUNCIL MEETING OF JUNE 3, 1997 BOOK "S"
93
CouncilmemberJames made a motion to approve the minutes of May 13. 1997, and Councilmember Matthews seconded the motion.
The motion passed unanimously.
ATTENDING CITIZENS
Mayor Green introduced Councilmember Large's parents, Edward and Evelyn Lange, and presented them with Honorary Citizen
certificates.
1. Mr. Keith Jenkins, Chairman of the Parks Advisory Board, to present the Parks and Greenspace Master Plan as recommended by
the Parks Advisory Board.
Mr. Jenkins presented to City Council the Parks and Greenspace Master Plan for their review.
2. Pastor Dan Moon, Huntsville Christian Academy, to request special permission for nonexclusive use of City property located on
University Avenue.
Councilmember Lupine made a motion to approve an agreement for special permission for a nonexclusive use of City property
adiacent to the Academy. and Councilmember Davis seconded the motion. The motion passed unanimously.
CONSIDER ORDINANCE 97 -06 -03.1 AMENDING THE CITY'S FRANCHISE ORDINANCE WITH SWB
TELEPHONE COMPANY TO PROVIDE FOR A LONGER TERM AND TO ADD A TERMINATION CLAUSE
Mr. Boards stated that this ordinance would be read a second time before final approval more than 30 days after this reading.
Councilmember Matthews made a motion to approve Ordinance 97-06-03.1 amending the City's franchise ordinance with
Southwestern Bell Telephone Company tot provide for a longer term. and Councilmember Martinez seconded the motion The motion
assed unanimous]
�I CONSIDER ORDINANCE 97 -06 -03.2 ANNEXING CERTAIN TERRITORY INTO THE CORPORATE
LIMITS OF THE CITY OF HUNTSVILLE AND APPROVING A SERVICE PLAN
IF.M. 2821, S. H.30 WEST, S. H. 75 NORTH, F.M. 247 RIGHT OF WAYS; AND I.H. 45 /S.H. 75 SOUTHMARK ROAD 401
j [OPTION 1: AS PLANNED; OPTION 2: DELETE EAST SIDE OF HWY. 75 SOUTH]
i� Mayor Green recommended that City Council approve this ordinance with Option 2 - deletion of the east side of Highway 75 South.
Councilmember James made a motion to approve Ordinance 97 -06 -03.2 annexing certain territory into the corporate limits of the
City of Huntsville and approving a service with Option 2, and Councilmember Howard seconded the motion. The motion passed
unanimously.
CONSIDER ORDINANCE 97 -06 -03.3 AMENDING TITLE 21, OFFENSES AND MISCELLANEOUS PROVISIONS
OF THE CODE OF ORDINANCES BY THE ADOPTION OF A NEW PART 4, SEXUALLY ORIENTED BUSINESSES
Mr. Bounds presented City Council with an errata sheet with several minor changes to this ordinance.
Councilmember Lanee made a motion to approve the revised Ordinance 97 -06 -03.3 adopting a new Part 4. Sexually Oriented
Businesses. to Title 21. Offenses and Miscellaneous Provisions . of the Code of Ordinances. and Councilmember Matthews seconded
the motion The motion passed unanimously
CONSIDER ORDINANCE 97- 06-03.4 ADOPTING PROPOSED SERVICE PLANS FOR AREAS BEING CONSIDERED
FOR ANNEXATION TO THE CITY (HIGHWAY 30 EAST) AND CALLING PUBLIC HEARINGS
Councilmember James made a motion to anorove Ordinance 97 -06 -03.4 adopting proposed service plans for areas being considered
for annexation to the Citv (Hiahwav 30 East) and calling public hearings. and Councilmember Matthews seconded the motion. The
motion passed unanimousl
j CONSIDER BIDS
' fI 1. Consider Bid 97 -17, renovation work at the A. J. Brown Wastewater Treatment Plant Lab, to Advanced Lab Concepts in the amount
,I
of $21,848.
Councilmember Martinez made a motion to approve Bid 97 -17. to Advanced Lab Concepts in the amount of $21,848, and
Councilmember Lange seconded the motion The motion passed unanimouslv.
CITY COUNCIL MEETING OF JUNE 3 1997 BOOK "S" 94
2. Consider Bid 97-18, three wastewater stationary/refrigerated samplers and accessories to EMSI, Inc, in the amount of $18,987
Councilmember Lange made a motion to annrove Bid 97-18, to EMSI Inc in the amount of $18,987, and Councilmember James
seconded the motion The motion passed unanimously. NOTE, Councilmember Davis not oresent for vote.
3. Consider offer on house at 930 Martin Luther King Drive to Thomas Maddox in the amount of $500, with a 60 day removal period.
Councilmember James made a motion to aoorove the offer by Thomas Maddox for the City's house on Martin Luther King Drive
in the amount of $500 (with a 60 day removal period) and Councilmember Matthews seconded the motion The motion passed
unanimously.
4. Consider Resolution 97 -06 -03.1 approving the lease/purchase agreement with Consolidated Financial Resources, Inc., for the
purpose of financing an 8 yard dump truck and a 12 yard dump truck for a total cost of $121,121.60 @ 5.87% interest.
Councilmember Lange made a motion to approve Resolution 97-06-03.1 approving a lease /purchase agreement with Consolidated
Financial Resources. Inc., for the financing of two dump trucks for a_ total cost of $121,121.60 at 5.87% interest. and Councilmember
Davis seconded the motion. The motion oassed unanimous]
5. Consider bid for automation of the water well system to ATKO Consulting in the amount of $124,000.
Councilmember Matthews made a motion to aoorove the bid for automation of the water well system to ATKO Consulting in the
amount of $124.000. and Councilmember Lange seconded the motion. The motion Passed unanimously.
CONSIDER ORDINANCE 97 -06 -03.5 AUTHORIZING THE ACQUISITION AND EXCI -LANGE OF LAND
FOR A WASTEWATER TREATMENT PLANT
Mr. Bounds stated that the ordinance is amended to read 39.17 acres of land instead of 35.5 acres, and includes right of way under
State Highway 1374. ,
Councilmember Davis stated that he had a conflict of interest and signed an affidavit to that effect
Councilmember Luring made a motion to approve ordinance 97-06-03.5 authorizing the acouisition and exchange of land to be
funded from the water and sewer unallocated reserve for a wastewater treatment plant and Councilmember .James seconded the motion.
The motion passed unanimously. NOTE: Councilmember Davis abstain
CONSIDER REQUEST FROM LEE R. HOWARD, PRESIDENT OF THE WALKER COUNTY HABITAT
FOR HUMANITY, FOR CITY PARTICIPATION IN THE CONSTRUCTION OF STORM DRAINAGE
AT THE HABITAT FOR IIUT%IANITY SUBDIVISION IN THE AMOUNT OF $21,165
After discussion Councilmember Howard made a motion.
Councilmember Luning made a motion to disapprove the request from the Walker County Habitat for Humanity for City
Participation in the construction of storm drainage improvements in the amount of $21.165. and Councilmember Howard seconded
the motion. All were in favor except Councilmember Matthews. The motion passed 7 -1.
DISCUSS GOALS AND OBJECTIVES, SCHEDULE, AND PLANNING
FOR THE DEVELOPMENT OF THE FY 1997 -98 BUDGET
Mr. Pipes discussed the FY 1997.98 upcoming budget and requested that City Councilmembers begin to formulate their goals and
objectives.
MAYOR'S ACTIVITY REPORT
1. Consider Huntsville Arts Commission recommendation for the expenditure of $2,192 for a children's art project to be funded from
unallocated arts funds.
Councilmember Lange made a motion to approve $2.192 for a children's art nroiect to be funded from Arts Commission unallocated
funds as recommgmic-d—by-the HAC, and Councilmember Matthews seconded the motion. The motion passed unanimously.
2. Discuss Trinity River Authority's Texas Contract Revenue Bonds, Series 1997 (HRWSS) and amendments to the City's contract.
Mayor Green stated that this issued would be voted on at the June 24, 1997, City Council meeting.
CITY COUNCIL MEETING OF JUNE 3, 1997 BOOK "S" 95
CITY COUNCILMEMBER ACTION
• Councilmember Lange thanked the Mayor for the honorary citizenship certificates for his parents and stated that he was leaving
early to spend the rest of the evening with them.
•
Councilmember Matthews stated that she had a wonderful time on her trip to Boston and was pleased to view the Haas paintings
in their City.
• Consider Finance Committee recommendation to extend the annual financial review contract with Ken Davis, as recommended
by Councilmember Davis, Chairman.
Councilmember Davis made a motion to extend the annual financial review contract with Ken Davis, and Councilmember James
seconded the motion The motion passed unanimously. NOTE Councilmember Lange absent for vote
• Councilmember Davis stated that the Fall Meeting of TML will be held on August 8 and 9, 1997, in League City and asked that
Councilmembers attend this meeting.
• Councilmember Luning stated that there is progress being made on a recycling drop off point and will be discussed at the June 24th
meeting.
Councilmember Luning stated that he and the Mayor have met and had discussions with Stan Foley, Entergy Area Manager, relating
to electric utility issues. Since the legislature dropped the deregulation bill, there has been some movement on the rate case.
MEDIA INQUIRIES
None.
ADJOURNMENT
Recess into EXECUTIVE SESSION [7:00 p.m.] to discuss:
a) pending litigation: Sam Houston Inn, Attorney General Opinion, Townsend v. COH, Nelson v. COIL and Lyons v. COH; and
b) land acquisition: 12th Street property.
r Danna Welter, City Secretary