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MIN CC 07/16/2002CITY COUNCIL MEETING OF JULY 16, 2002 BOOK "S" 404 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF JULY, 2002, 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 a regular session with the following members present: COUNCILMEMBERS: Mark Erb OFFICERS: William B. Green, Mayor John Escobedo Bob Hart, City Manager Jack Choate Vance Howard Paul Isham, City Attorney Gary Crawford Judy Kayse Danna Welter, City Secretary Ralph A. Davis, Jr. Steed Smith PERSONNEL COMMITTEE MEETING [4:50 -5:00 p.m.] The Personnel Committee met to consider the process for appointment of a substitute Municipal Courtjudge; and postponed discussion of the culture survey findings. CALL TO ORDER [5:15 p.m.] Mayor Green called the meeting to order. INVOCATION City Manager Bob Hart led the invocation. PUBLIC HEARING ON THE AIRPORT MASTER PLAN No comments were received. PUBLIC COMMENTS 1. Tom Clank, H.E.A.R.T.S. Veteran's Museum. Mr. Oleinik represented a group of local residents that want to participate in the movement for a locally built Veteran's Home. Submitting the grant will require a Phase I Environmental Study for the facility to be built on the property proposed to be donated by Mr. Rip Byrd. Mayor Green stated the staff would work with Mr. Oleinik to initiate the paperwork for the study. 2. Howard V. Blaylock, 1303 US 190. Mr. Blaylock stated opposition to the proposed annexation plans. Mayor Green stated the process of events with regards to annexation. 3. Ray Ellisor, 66 Ellisor Road. Mr. Ellisor stated opposition to the proposed annexation plans. 4. Buddy Smith, Quails Unlimited. Mr. Smith requested a variance to the Citys sign ordinance, asking permission to place signs for the Quails Unlimited Banquet. Mayor Green directed Glenn Isbell, Director of Planning and Development, to assist him. 5. Dana Thornton, 1218 US 190, Mr. Thornton stated opposition to the proposed annexation plans. 6. John Byrd P. O. Box 5082. Mr. Byrd spoke at length regarding opposition to annexation, namely with regards to the adding of tax- exempt areas and the area on Hwy 19. 7. Dr. S. T. Kordinak, 162020' "Street. Dr. Kordinak spoke at length regarding opposition to the 20"' Street extension to the IH-45 feeder road, citing safety reasons that could be compromised in the neighborhood with respect to (1) speeding, (2)I. pedestrians and children walking to school and (3) several parking issues. Dr. Kordinak also commented on the placement of the 4 -way stop sign at Avenue O and 20" Street. 8. Ann Holder, 2609 Pine Shadows. Ms. Holderthanked the Council for leaving Pine Shadows intact as to the name and extension; she also spoke against the proposed 20" Street extension. 9. Dorothy Shandera 1100 Sleepy Hollow Circle. Mrs. Shandera stated opposition to the proposed extension of Pine Shadows Drive to the IH-45 feeder road, stating safety concerns as a current problem that should be addressed priorto any further changes to the street. - 10. Bobby Warren, 45 Parker Creek Road. Mr. Warren stated opposition to the proposed annexation plans with respect to the US 190 area. 11. Bruce Fulenwider, 7 Eucalyptus. Mr. Fulenwider stated opposition to the proposed annexation plans with respect to the US 190 area. 12. Elaine Kane, 1111 Holly Springs Drive. Mrs. Kane stated opposition to the proposed extension and future expansion of Pine Shadows Drive to the IH-45 feeder road, stating safety concerns such as speeding and increased traffic. 13. Robert Kane, 1111 Holly Springs Drive. Mr. Kane spoke at length regarding opposition to the proposed extension and future expansion of Pine Shadows Drive to the IH -45 feeder road, citing also increased traffic, speeding, parking issues and property values as decline of his neighborhood. Mr. Kane also encouraged the City to focus on small -town issues to maintain the City's image. 14. Don Fowler, US 190. Mr. Fowler stated opposition to the proposed annexation areas. 15. Tom Cauthen. 35 Calvary Road. Mr. Cauthen stated opposition to the proposed annexation plans with respect to the US 190 area. 16. Holly Koppe, 21 Kiser Lane. Ms. Koppe stated opposition to the proposed annexation plans with respect to the US 190 area, stating lack of income from the residents in that area as a reason to remove that area from the proposed plans.''', CITY COUNCIL MEETING OF JULY 16, 2002 BOOK "S" 405 17. Rhonda Coffey, 2610 Pine Shadows, Mrs. Coffey stated opposition to the proposed extension of Pine Shadows Drive to the IH -45 feeder road, stating safety concerns for her children. 18. Sharon Lynch 2003 Avenue P. Ms. Lynch stated opposition to the proposed 16" Street extension and future widening, stating Huntsville should strive to keep its small -town atmosphere. 19. Ed Davis. 2003 Avenue P. Mr. Davis voiced strong opposition to the proposed 16'" Street extension and future widening, stating Huntsville should strive to keep its small -town atmosphere. 20. Polly Holbrook 1820 16" Street. Ms. Holbrook stated opposition to the proposed 16" Street extension and future widening. 21. Brian Cantrell 6 Oak Ridge. Mr. Cantrell stated opposition to the proposed annexation plans, stating that the City should complete current projects and commitments before taking on any more. 22. Lanita Matchett 1308 16`" Street. Ms. Matchett stated opposition to the proposed 16'" Street extension and future widening. 23. Jerry Baxter, 1250 US 190. Mr. Baxter stated opposition to the proposed annexation plans with respect to the US 190 area. 24. Bud Smith 47 Ell isor Road. Mr. Smith voiced opposition to the proposed annexation plans with respect to the Hwy 19 area. 25. Darrel Wells. 617 Graham Road. Mr. Wells voiced opposition to the proposed annexation area with respect to the Southwood Drive /US 190 area. 26. Sootty Kyle 633 Graham Road. Mr. Kyle stated opposition to the proposed annexation plans. 27. Lois Struckmver, 2602 Pine Shadows Drive. Mrs. Coffey spoke for her neighbor, Ms. Struckmyer, voicing opposition to the the proposed extension of Pine Shadows Drive to the IH -45 feeder road. 28. Mark Robinson 94 Hadley Creek. Mr. Robinson repeated the request for information initially requested at the July 2 meeting. Mayor Green apologized for not having the information available and asked Mr.. Robinson to contact Patricia Allen for the information. 29. Sam Moak. Mr. Moak voiced opposition to the proposed annexation plans and asked that the Council perform a cost benefit analysis on the areas proposed to be annexed with respect to the cost of providing services to those areas. RECESS 16:45 -6:55 p.m.] CONSENT AGENDA 1. Consider and approve minutes of the April 16, 2002 Council meeting. 2. Approve Change Order No. 2 to the Robinson Creek Wastewater Treatment Plant Contract in the amount of $39,445.64 to be funded from unallocated CIP funds. 3. Approve the Second Amendment to the Contract for Services between the City of Huntsville and Huntsville's Promise, Inc. for Community Network web site maintenance services with regard to the TIF grant. Councilmember Howard made a motion to approve the Consent Agenda? and Councilmember Crawford seconded the motion The motion passed unanimously. STATUTORY AGENDA 1. Consider instructing staff to investigate further design alternatives; or other long -range alternatives as a result of the public hearing on the Airport Master Plan. The Airport Master Plan (constructed by Coffman Associates and a city -wide advisoryteam) was presented at the last Council meeting and this is a follow -up to that presentation, to include public comments. Mayor Green did request further discussion or a workshop with the consultant, representatives from FAA and TXDOT prior to adoption of the plan to address the possibility of realigning the runway in a more northerly direction, stating that more advantages would occur with reconfiguration, increasing the potential for commercial and industrial development in that area. 2. Authorize the city staff to proceed with the design and construction of the extension of Pine Shadows Drive from Hickory Dr. to the East Feeder Road of IH-45 and 20"i Street from Normal Park Drive to the IH -45 feeder road. Cost estimates for the extension of the three streets - Pine Shadows Drive, 16' Street and 20'" Street - were completed in the 1999 -2000 Ash & Browne Engineering Study. All three street projects have been a part of the Comprehensive Plan since the early 1980's. The staff has analyzed the impacts of these three proposed projects relative to the Transportation Master Plan adopted by City Council in April 2002 and the proposed entrance /exit ramp changes by the Texas Department of Transportation ( TXDOT). Staff recommends the design and construction of the extension of 20' Streetfrom Normal Park to the IH-45 feeder road with 2001 -02 budgeted funds ($140,000.00). Additionally, staff recommends the design and construction of Pine Shadows Drive (10`") from Hickoryto the IH -45 feeder road with 2001 -2002 budgeted funds ($263,065.00) with the following alterations: • Revise the street section from a 41' wide curb & gutter street to 32'. Since the conversion of the IH-45 CITY COUNCIL MEETING OF JULY 16, 2002 BOOK "S" 406 feeder road to one -way, left turn movements at the Interstate will be prohibited. When the Ash & Browne Engineering Study was conducted the feeder road operated in a two -way status. • Have TXDOT shift the off-ramp north of Highway 30 approximately 100' to the north. The remaining project, the 16" Street extension, is recommended in four phases: • The first phase is the design of 16'" Streetfrom its end to the IH45 feeder road in fiscal budgetyear2002- 2003 at an estimated budget of $450,000.00. It is important that the design of these two sections be incorporated together to insure that a smooth transition in the horizontal and vertical alignments throughout the project is achieved. The Transportation Master Plan projects a 5 -lane section of roadway; however, it is recommended that the overall design accommodate five lanes but that only two lanes are constructed in the initial construction phase. • Second, it is recommended that the section of 160 Street between Avenue Q and Normal Park should be constructed in the fiscal budget year 2003 -2004 at an estimated cost of $850,000.00. • Third, it is recommended that the construction of the section of 16'" Street between Normal Park and the IH-45 feeder road should be constructed in fiscal budget year 2004 -2005 at an estimated cost of $1,700,000.00; however, this should be contingent upon the relocation of the east off -ramp south of Highway 30. The intersection of the 161" Street extension will intersect at the current location of the existing exit ramp and would constitute a dangerous intersection until the exit ramp is relocated to the south of its present location. • Fourth, that the sections be widened to 5 -lane sections as proposed in the Transportation Master Plan ata future date when traffic conditions warrant. Councilmember Howard made a motion to table the decision on 10'" Street/Pine Shadows Drive and 20" Street extensions until after the next scheduled budget worksh= and Councilmember Erb seconded the motion The motion passed unanimously. 3. Approve Ordinance No. 2002 -07 -16.1 Regulating Itinerant Vendors, Merchants and Peddlers. This proposed ordinance was considered by the City Council at its July 2, 2002 meeting, but was tabled in order for an exemption to be included in the ordinance exempting fairs, festivals, etc. from the permitting process. The exemption is now found in J. (4) and will exempt vendors who are selling wares at authorized fairs orfestivals. Vendors selling food items or food products will have to comply with the health regulations dealing with those items. Also, Section C. has been revised to clarify that only one permit is necessary for a farmer's market. Councilmembers asked for more items to be clarified. Councilmember Crawford also asked about sale of pets (puppies and kittens) in the Wal -Mart parking lot. 4. Authorize the staff to prepare a service plan and proposed annexation notices with respect to the current draft annexation map and service information. Council to review draft annexation map and service information, and consider authorizing the staff to prepare a service plan and proposed annexation notices. Councilmember Howard asked to delete Area D from the Annexation Plans. Councilmembers Choate and I' Crawford also asked that Item D be pulled form the proposed plans. Mayor Green stated that one of the reasons for extending the City limits and therefore the ETJ is so more authority could be exercised over development in the ETJ, bringing down the cost of possibly retrofitting for fire, water and sewer services when those areas may be annexed. Councilmember Crawford asked if the amount of time the City has allotted to provide services to any annexed areas changes in 2003. City Attorney Paul ]sham explained that after January 1, 2002, property/land cannot be annexed '!.. unless it has been on an annexation plan. An annexation plan requires that the property1land has been listed as available for annexation for three years before it is annexed, with a few exemptions. Councilmember Howard proposed ". that 304 acres be added to Area H. 5. Authorize the City Manager to enter into an agreement with fd2s for services from the survey & planning stages to bidding and contract administration to produce an environmental graphics scheme for Huntsville that reflects the identity and values of our community. In May 2001, the City of Huntsville contracted with Chandler, Brooks & Donohoe for a tourism study. One of the resulting recommendations f rom that study was that the City adopt, design and place directional attractions and amenities signage at various locations throughout Huntsville. Because Huntsville is a geographically large area and its primary attractions are spread out, wayfinding is very important. This type of signage will promote Huntsville's historic theme and will allow visitors to easily travel from one attraction to the next. The easier it is for people get around, the longer they will stay - which translates to additional spending. 1 CITY COUNCIL MEETING OF JULY 16, 2002 BOOK "S" 407 6. Adopt Resolution 2002 -07 -16.1, adopting guidelines and criteria for granting tax abatement in a reinvestment zone created by the City. The City of Huntsville had a tax abatement policy in place in 1990, but the policy must be reviewed and re- approved everytwo years. That policy has long since lapsed, and to increase ouroompetitiveness, we request approval of this new, updated policy. Communities and states have competed for economic growth for centuries. It was not uncommon for governments to offer free land or water or some other inducements to attract workers or farmers to a new part of the country o r to convince a railroad to p ut a t rack through t heir town. T he common p hilosophy i s that development brings prosperity and a vital, growing community is a more attractive place to live and work than one that is losing business, jobs and tax base. National surveys done by real estate brokers and site selection consultants consistently show that propertytaxes rank in the top ten in terms of variables considered when doing a site review for a new or expanding business. Since Texas has comparatively high property tax rates, abatements provide some temporary relief when a firm is expanding or starting an operation in Texas. Abatements, or any incentive for that matter, are never the main reason a firm makes a location /investment decision. There are always other issues such as proximityto markets orrawmaterials, available labor, transportation, etc., which will be given higher priority, but incentives always show up in the analysis and often become the tie breakers in a close competition between sites. Abatements can also encourage private investment in targeted areas. Councilmember Crawford made a motion to adopt Resolution 2002 -07 -16 1 adopting nuidel ines and criteria for granting tax abatement in a reinvestment zone created by the City, adding to Section 6(B) a clause that a public hearina for each application process will be published in the City's official newspaper and Councilmember Erb seconded the motion The motion passed unanimously. MAYORICITY MANAGER ACTIVITY REPORT 1. City Manager Project Updates: a. Mayor requested Council consider appointment of Gary Crawford to the Walker County Public Safety Communications Center and Mark Erb to the Employees Medical Health Plan Board of Trustees. Councilmember Howard made a motion to appoint Councilmember Gary Crawford to the Walker County Public Safety Communications Center and Councilmember Mark Erb to the Employees Medical Health Plan Board of Trustees: and Councilmember Escobedo seconded the motion The motion passed unanimously. 2. Future Events: July 25 -27 AMCC Institute, El Paso August 3 8:OOam- 4:OOpm Budget Advance Planning August 6 5:15pm City Council Meeting August 20 5:15pm City Council Meeting September 3 5:15pm City Council Meeting September 17 5:15pm City Council Meeting October 1 7:OOpm Boards and Commissions Reception MEDIA INQUIRIES Bob Sablatura of the Huntsville Observer asked several questions regarding the Annexation Service Plan and Huntsville's Promise. EXECUTIVE SESSION [8:28 p.m. - 8:57 p.m.] City Council conducted a closed session under Texas Government Code, Section 551, on the following matters: Section 551.071 - to consult with the City Attorney about pending or contemplated litigation against the City including Wells as Next Friend vs. the City of Huntsville; and • Section 551.072 - to deliberate the acquisition of real property or interests in real property along Veteran's Memorial Parkway south of FM 1374. ADJOURNMENT [8:57 p.m.] Danna Welter, City Secretary