MIN CC 06/29/1993CITY COUNCIL MEETING OF JUNE 29, 1993 BOOK 'R"
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 29TH DAY OF JUNE, 1993 IN THE CITY HALL
CONFERENCE ROOM, 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:
W. H. Hodges, Mayor
Officers:
Dan S. Davis
Harold L. Norton
Gene Pipes, City Manager
Ronald L. Lange
JoAnn Matthews
Danna Welter, City Secretary
William B. Green
Ila G. Gaines
Jim Carter
Dave Luning
INVOCATION
Invocation by Reverend Clarence Griffin, Friendship Baptist Church.
PUBLIC HEARING OPENED - POKEY'S TOWN
Mayor Hodges opened the Public Hearing to consider a variance request by Mr. Roger Smith, proprietor of Pokey's Town on
12th Street, for a T.A.B.C. Caterer's Permit.
Bruce Green, Attorney, and Roger Smith, Proprietor. Mr. Smith's attorney, Bmce Green, stated that the building was
purchased in February 1990, and work began on the building shortly thereafter. A total of $75,000 has been expended on this building
to prepare it for occupancy as a "showcase for live entertainment ". In February 1993, the First Baptist Church rented or was donated
building space in a building that is adjacent to the Pokey's Town. In March 1993, Mr. Smith applied to T.A.B.C. for a caterer's permit
(to caterer from the Ice House to Pokey's Town). On March 29, 1993, measurements were taken by the City to make sure the building
was not within 300 feet of apublic school, church or hospital. On March 30, 1993, the City Secretary contacted T.A.B.C. and informed
them that Pokey's Town was within 300 feet of a church. At the time the measurements were taken, there were no markings on the
building occupied by First Baptist Church, yet the City Engineer determined that there was a church within 57 feet of the establishment.
T.A.B.C., based on the City's assessment of this as a church, denied the catering permit. The front door of First Baptist Church is 571
feet from Pokey's Town's front door.
Mr. Smith is not allowed to sell alcohol in his establishment, but can operate on a B.Y.O.B. basis. This has caused a
substantial loss of revenue. Mr. Green stated that he did not feel that the ordinance relating to liquor was intended to work in this
manner.
Mr. Smith stated that this situation was creating a loss of revenue in sales taxes, gross sales from alcohol and more for the City
of Huntsville. He stated that there are few venues for live entertainment in the Huntsville area. He feels that Pokey's Town's 'x
entertainment will keep more students in the area during the weekends, which would produce more revenue for the City. Pokey's Town
would also add more commerce to the downtown area.
Mr. Green stated that the last several times Mr. Smith has tried to have functions at Pokey's Town, there has been a very poor
turn out and feels that this is caused by not being able to sell alcoholic beverages.
Several weeks ago, First Baptist Church put a sign on the door on 12th Street indicating that they would not hold meetings
for a period of time. Seeing the sign, Mr. Smith petitioned T.A.B.C. for a catering permit for June 16 -18. T.A.B.C, would not consider
the petition due to the previous assessments.
Councilmember Luning stated that Pokey's had received three building permits since 1990, and only the latest (2 -93) listed
the intended use of the building. Mr. Smith stated that this is correct. It was noted that if the establishment was permitted, it would
be regulated by the T.A.B.C.
Councilmember Lange stated that he had received a complaint several weeks previously about the trash that was being left on
the street new Pokey's Town. After inspection of the scene on that Sunday morning, he found beer cans, liquor bottles, busted styrofoam
coolers, etc. He felt the ordinance was in place to keep this type of event from happening new churches where citizens worship.
Mr. Smith stated that if he had a liquor permit, there would not be this problem because liquor would not be allowed to be
brought into or out of the establishment.
Councilmember Carter stated that he felt this was a economic development issue. He feels that Mr. Smith's business would
be a benefit to the community.
Councilmember Green stated that he agreed with Councilmember Carter and feels that Mr. Smith acted in good faith and the
variance should be granted. He felt the proper measurement should be to the front door of the First Baptist Church and not the annex.
CITY COUNCIL MEETING OF JUNE 29, 1993 BOOK "R" 208
Pinkie Bates. Mr. Bates stated that he is a Prison Minister at the Church of Christ Prison Ministry located next door
to Pokey's Town. He stated that during the last few months there has been beer cans, litter, etc. in front of the buildings. Mr. Bates
stated that they have alcohol and drug counselling at the Ministry and the noise level has caused problems. He stated that he finds it
offensive; parking is a problem and it is interfering with the Prison Ministry.
Gerald Harris. Mr. Hams stated that he owns the property next door to Pokey's Town. He is asking Council to vote)
against the variance. Mr. Harris stated that Mr. Smith had told the area tenants that he was not going to put a bar in this location.
stated that beer cans and trash have been a problem. Mr. Harris does not feel this type of establishment in the downtown area is g
for the historical revitalization.
Bob Goad. Mr. Goad stated that he was a resident of Huntsville and supports the application. This establishment will pro
an outlet for local talent, is a creative use for an old building, and provides an opportunity to see regional talent without taking me
out of town. He stated that the trash and noise problems would be best addressed by permitting the variance.
Kirt Stevenson. Mr. Stevenson stated he is the Budweiser distributor in Trinity and that if the variance is allowed, T.A.:
would be able to regulate the establishment.
Robert Ford. Mr. Ford stated that he is a Huntsville resident and an amateur musician. Mr. Smith has given several ama
musicians a chance to play.
motion.
Charles Smither. Mr. Smither submitted written comments for Council's consideration.
Mayor Hodges closed the Public Hearing.
After Council discussion, a vote was taken.
Hodges voted against. The motion failed 5 -4.
CITIZEN INPUTANQUIRY '
Ms. Sallv Autrey, Ms. Autrey stated that she is requesting Council's help. She lives in Spring Lake on McDonald Creek.
The problem for residents on the creek are become worse. The silt is increasing and the vegetation taking root is out of hand. Them
are health hazards for the residents including numerous snakes. Ms. Autrey stated that she has talked to Mr. Etheredge and he would
also like to see some clean up of the creek.
Mayor Hodges stated that he was aware that this is a continuing problem and requests that staff come back to Council with
a recommendation. Councilmember Luring requested that staff provide the elevation of the creek and the lake. Councilmember Davis',
stated that the lake level is going to be lowered later in the summer for clean up around the shoreline and it would be an opportune time!
for creek cleanup.
REGULAR SESSION - CALL TO ORDER
Mayor Hodges called the meeting to order.
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CONSIDER MINUTES OF NNE 8, 1993
Councilmember Gaines made the motion to approve the minutes of June 8. 1993, and Councilmember Matthews seconded the
motion. All were in favor and the motion passed unanimouslv.
CANVASS AND CERTIFY THE ELECTION RESULTS OF 6 -29 -93 BY
APPROVAL OF RESOLUTION 93-6 -29.1
A RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD WITHIN THE
CITY OF HUNTSVILLE ON THE 26TH DAY OF JUNE, 1993, FOR THE PURPOSE OF ISSUANCE OF
S3, 700,000 LIBRARY /CULTURALCENTER BUILDING BONDS; DECLARING THE RESULTS OF THE
ELECTION; FINDING THAT NOTICE OF TIIE ELECTION WAS DULY AND PROPERLY GIVEN,
THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER
OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE.
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CITY COUNCIL MEETING OF NNE 29 1993 — BOOK R"
STATISTICS - JUNE 28, 1993
BOND ELECTION
PROPOSITION
For the issuance of $3,700,000 Library/
Cultural Center Building Bonds
Against the issuance of $3,700,000 Library/
Cultural Center Building Bonds
Total voters casting ballots in Early Voting
Total voters casting ballots in Precinct 101
Total voters casting ballots in Precinct 102
Total voters casting ballots in Precinct 201
Total voters casting ballots in Precinct 206
Total voters casting ballots in Precinct 301
Total Voters casting ballots In Precinct 401
480, 33 percent of total;
65, 4 percent of total;
311, 21 percent of total;
158, 11 percent of total;
132, 9 percent of total;
157, 11 percent of total;
150, 10 percent of total.
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION
TOTAL NUMBER OF REGISTERED VOTERS - 101 1550
TOTAL NUMBER OF REGISTERED
VOTERS - 102
2936
'
TOTAL NUMBER OF REGISTERED
VOTERS - 201
1815
TOTAL NUMBER OF REGISTERED
VOTERS - 206
606
TOTAL NUMBER OF REGISTERED
VOTERS - 301
1964
TOTAL NUMBER OF REGISTERED
VOTERS - 401
2479
428 Votes
1.023 Votes
1,453
209
TOTAL NUMBER OF REGISTERED VOTERS IN THE CITY 11,350
PERCENTAGE OF REGISTERED VOTERS WHO VOTED 13%
......................................................... ...............................
Councilmember Green made the motion to approve a Resolution canvassing and certifying the election results of 6- 29 -93, and li
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Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.,
CONSIDER ORDINANCE 93 -6 -29.1 DELAYING ADOPTION OF ORDINANCE AUTHORIZING
CERTIFICATES OF OBLIGATION -
Councilmember Green stated that the Finance Committee met and recommends the adoption of Ordinance 93 -6 -29.1.
Councilmember Green made the motion to approve Ordinance 93 -6 -29.1 delaying adoption of ordinance authorizing certificates
of obligation and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER ORDINANCE 93 -6 -29.2 AUTHORIZING ISSUANCE OF $1,600,000, CITY OF HUNTSVILLE, TEXAS,
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993
Councilmember Green made the motion to approve Ordinance 93 -6 -29.2 authorizing issuance of 51,600,000, City of Huntsville,
' Texas combination tax and revenue certificates of obligation, Series 1993, and Councilmember Gaines seconded the motion. All were
in favor and the motion passed unanimously.
This certificate of obligation will be paid for with increased sanitation rates - projected percentages of increase are 15% the first II
year, 15% the second year, and 5% the third year.
CITY COUNCIL MEETING OF JUNE 29, 1993 BOOK "R"
CONSIDER THE ANNUAL INVESTMENT REPORT
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Councilmember Green made the motion to approve the Annual Investment Report and Councilmember Matthews seconded the
motion. All were in favor and the motion passed unanimously
CONSIDER A LETTER AGREEMENT FOR PROFESSIONAL SERVICES,
ANNUAL AUDIT WITH BICKLEY, PRESCOTT & CO.
Councilmember Green stated that the City has a three year contract with Bickley, Prescott & Co. that is annually renewable.'.
This will be the second year of the three year contract and the Finance Committee recommends approval for FY 1992 -93.
Councilmember Green made the motion to approve a letter agreement for professional services Annual Audit for FY 1992 -93
with Bicklev, Prescott & Co, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.'!.
CONSIDER THE MONTHLY TAX REPORT WITH CORRECTIONS AND ADJUSTMENTS
AS RECOMMENDED BY GROVER COOK, CHIEF APPRAISER
Ms. Allen stated that current collections are 94.4 %, as compared to 93.78% last year. Delinquent taxes are 19% of total
delinquent taxes collected as compared to 25% last year.
Councilmember Green made the motion to approve the Monthly tax report with corrections and adjustments as recommended
by Grover Cook, Chief Appraiser, and Councilmember Davis seconded the motion. All were in favor and the motion passed
unanimously.
CONSIDER SCS AND STAFF BID RECOMMENDATION ON TRANSFER TRUCKS /EQUIPMENT
Councilmember Gaines made the motion to approve the low bid of $232,800 to White /GMC Trucks of Dallas/Ft Worth for the
purchase of two tractors ($91,650), three trailers ($128,850), and three trailer covers ($12,300), and Councilmember Norton seconded
the motion. All were in favor and the motion passed unanimously.
CONSIDER MCGARY CREEK SEWER COLLECTION SYSTEM AND LIFT STATION BID AWARDS
Councilmember Luning made the motion to approve the low bid of $1.091.390.25 to J. J. Young Construction. Inc. for
construction of the McGary Creek Interceptor sewer lines and lift station, and Councilmember Lange seconded the motion All were
in favor and the motion passed unanimously.
CONSIDER AMENDMENTS TO THE CABLE 7 AGREEMENT
Mr. Pipes stated that for some time, the City has had an agreement with Cable 7 whereas the City of Huntsville pays Cable 7
one- fourth of the revenue from the annual cable franchise fee. This contract has been amended to allow the payment to be made
automatically each year instead of approving the agreement each year.
Councilmember Matthews made the motion to approve the amendments to the Cable 7 Agreement, and Councilmember Gaines
seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER MEMBERSHIP IN THE EAST TEXAS CONSORTIUM OF LIBRARIES (E.T.C.L.)
Councilmember Green made the motion to approve membership in the East Texas Consortium of Libraries (E T C L.) and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER THE POLICE DEPARTMENT ANNUAL NARCOTICS FUND REPORT
Councilmember Green made the motion to approve the Police Department annual narcotics fund report, and Councilmember
Luning seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER AMENDMENTS TO THE HUNTSVILLE FIRE DEPARTMENT
PERSONNEL EMPLOYMENT POLICY FOR VOLUNTEER PARTICIPATION CALL CREDIT
Councilmember Carter made the motion to approve the amendments to the Huntsville Fire Department personnel employment
policy for volunteer participation call credit. and Councilmember Davis seconded the motion All were in favor and the motion passed
unanimouslv.
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___fS C0IJNLII -MEETING- OF_JUNE 24,1993.. _.._ BOOK "K' __
j MAYOR'S ACTIVITY REPORT
1. Consider reappointment of John Holcombe and lames Barrum to the Huntsville Housing Board.
ii 2. Consider appointment of Ninfa Fuentes to the expired term of Eldaa Avalos on the Huntsville Public Library Board.
Councilmember Gaines made the motion to approve the reappointment of John Holcombe and James Barnum to the Huntsville
Housing Board, and the appointment of Ninth Fuentes to the Huntsville Public Library Board, and Councilmember Green seconded the
�i motion. All were in favor and the motion passed unanimously.
3. Consider a draft letter to Carol Browner, Administrator U. S. Environmental Protection Agency, urging a proposed extension
of Subtitle D Landfill Regulations implementation date.
Councilmember Carter made the motion to approve the letter to Carol Browner, Administrator U. S. Environmental Protection
Agencv. urging a DroDosed extension of Subtitle D Landfill Regulations implementation date, and Councilmember Green seconded the
motion All were in favor and the motion passed unanimousl
CITY COUNCILMEMBER ACTION
Performance Indicators. Councilmember Green stated that staff has presented to the Finance Committee its performance indicators and
they will be reviewed.
Sale of Alcoholic Beverages. Councilmember Leming proposed that in the future the hours for selling of alcoholic beverages be ex tended
on weeknights from Midnight to 1:00 a.m., and weekends from 1:00 a.m. to 2:00 a.m.
Emancipation Park Slab. Councilmember Matthews stated that after sweeping the slab last weekend, it was determined that a major
problem with the water on the slab is from the drain pipes that have broken or deteriorated. She asked staff to check into this problem.
Drug Free Zone for Parks. Councilmember Matthews asked if the City had a drug free zone for our City parks where violators can be
prosecuted enhanced to what they are originally charged with only a possession charge.
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MEDIA INQUIRIES
Janet Dial, Huntsville Item, asked the Councilmembers that are members of First Baptist Church if the Church intends to occupy
I, the space rented on 12th Street. Mayor Hodges stated that she would need to contact the appropriate committee at the Church.
ADJOURNMENT
City Council recessed into Executive Session [6:46 p.m. to 7:00 p.m.].
oidm�
Danna Welter, City Secretary