Loading...
MIN CC 10/05/1993CITY COUNCIL MEETING OF OCTOBER 5. 1993 236 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5TH DAY OF OCTOBER, 1993, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.�j The Council met in a regular session with the following members present: � COUNCILMEMBERS: W. H. Hodges, Mayor Officers: Dan S. Davis Harold L. Norton Gene Pipes, City Manager William B. Green JoAnn Matthews Danna Welter, City Secretary !� Ronald L. Lange Ila G. Gaines Scott Bounds, City Attorney I Jim Carter Dave Luning I CITIZEN INPUTQNQUIRY Carol Wilk. Ms. Wilk stated that she is a student at S.H.S.U. and that at a Student Issues Forum the issue was brought I up regarding the possibility of having bike routes, paths or shoulders in the City, and also having bike racks installed in the! I downtown area. Mayor Hodges stated he would refer this issue to the City Manager for review by the Police Chief and/or Parks Board. Councilmember Luning stated that he had brought this issue up at the Student Forum earlier in the week. Ms. Wilk stated that many students have shown concern about the election day of January 15, and she is in the process!,'. of having petitions signed by registered voters requesting that the election date be changed to the May date. Charlotte O'Sullivan. Ms. Sullivan stated that at the previous meeting she requested the use of Gibbs Park for "haunted;'. woods ". She has followed up on the issues and concerns brought up at that time including arranging for parking. She stated that': no trails would be made and the park would not be harmed or disturbed. Mayor Hodges stated that this item was to be voted on later in the agenda. ' Robert Goad. Mr. Goad stated that he had previously spoke to Council in favor of the variance for Pokey's Town. He: felt that there were some inconsistencies in the rulings - 1) Councilmember Green pointed out that distances are typically measuredt�, from front door to front door - in this case the measurement was from an out post; 2) Council does not recognize the noise and bright;', lights of a car dealership in a neighborhood, but is concerned about noise in a business area; 3) Some members have expressed' concern about drinking in general, yet there have been no motions or attempts to make Walker County a dry county. Pam Standefer. Ms. Standefer stated that she did not feel like this type of establishment belongs in the downtown business., district. !� i I' Gerald Harris. Mr. Harris stated that he owned the property next door to Pokey's Town. He is asking Council to vote' against the granting of a variance because he does not feel this business is compatible with the type of businesses in the nine block! area of the square that was designated for special development. REGULAR SESSION - CALL TO ORDER Mayor Hodges called the meeting to order. INVOCATION Invocation by Patrick Antwi, City Planner. CONSIDER MINUTES OF SEPTEMBER 21, 1993 Councilmember Gaines made the motion to approve the minutes of September 21, 1993, and Councilmember Green seconded the motion. Councilmember Lupine made a correction regarding the request for a public hearing on the Charter.. ' Amendments. A vote was taken. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF OCTOBER 5, 1993 BOOK "R" 237 OPEN PUBLIC HEARING it (RECEIVE COMMENTS CONCERNING THE PROPOSED CHARTER AMENDMENTS — REPLACE AT -LARGE POSITIONS WITH WARD REPRESENTATION AFTER 1994 ELECTION AND MAYOR AS PRESIDING MEMBER OF COUNCIL VOTES ONLY IN CASE OF TIE) Carol Wilk. Ms. Wilk stated that in her hometown of Corpus Christi they did away with the at -large seats on Council and had all district seats for better representation of minorities. She stated that although this was the plan, it did not occur. Individuals moved into other wen to run for certain district positions. The minorities were not better represented and the Council did go back to at -large seats. Helen King. Ms. King stated that she wanted to show her support in the recommendation to replace the at -large Councilmembers with ward members. She feels this will increase minority representation. Ms. King stated that she felt it would it be the morally correct system while Huntsville is striving to bring together the population and increase awareness of cultural diversity. Unidentified Citizen. She stated that she was confused about the amendment to the Charter stating that a Councilmember must resign their seat before running for the position of Mayor. She does not understand whose interest would be represented by this action. She feels that the best qualified individuals for Mayor would be other Councilmembers. City Attorney Scott Bounds stated that it could be destructive to City Council as a body to have four members tan for the Mayor's position every other year. He stated that this amendment would provide harmony on City Council Mayor Hodges closed the Public Hearing. Mr. Bounds asked for Council's direction regarding the amendments being discussed or any additional amendments for 1 the January ballot. Councilmember Carter made the motion to put on the January ballot a City Charter amendment to replace the At -Large -' Councilmembers with Ward Councilmembers, and Councilmember Norton seconded the motion. Several Councilmembers expressed the need for additional review before this issue was put on the ballot. Councilmembers Carter and Norton voted for, and Councilmembers Davis, Matthews, Green, Gaines, Luning, Lange and Mayor Hodges voted against. The motion failed 7 -2. CONSIDER A REQUEST FROM ILLS.D. TO CLOSE OLD COLONY ROAD EFFECTIVE SEPTEMBER 21, 1993 Councilmember Luning made the motion to approve the request from H.I.S.D. to close Old Colony Road effective September 21, 1993, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A REQUEST FROM THE CHAMBER OF COMMERCE FOR JOINT SPONSORSHIP OF A BUSINESS DEVELOPMENT - RETENTION SEMINAR THAT WOULD ASSIST IN MAINTAINING AND INCREASING THE SALES /AD VALOREM TAX BASE Ms. McFarland, Chamber of Commerce, stated that on November 15, 16 and 17, Huntsville has the opportunity to host a series of workshops presented by Kent Burnes for the benefit of existing businesses and others. She asked the City to be a partner in the effort for a sponsor fee of $800.00 and minimal staff participation. A workshop fee will be charged to participants and in turn the Chamber will pay back the sponsors on a pro rata basis for their contribution. Councilmember Luning made a motion to approve the request from the Chamber of Commerce for ioint sponsorship of a business development- retention seminar that would assist in maintaining and increasing the sales/ad valorem tax base. and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. ' CONSIDER A REQUEST ON THE STATUS OF SOLID WASTE DISPOSAL Mr. Wilder stated that the E.P.A. has granted a six month extension on the Subtitle D regulations for landfills. Staff has talked to E.P.A. and the Texas Water Commission and have been assured that the City will qualify for the exemption for the six month extension (April 8, 1994). CITY COUNCIL MEETING OF OCTOBER 5. 1993 BOOK 'R" 238 CONSIDER A CONTRACT FOR SERVICES WITH T.D.C.J: I.D. FOR SOLID WASTE DISPOSAL Councilmember Green made the motion to approve the contract for services with T.D.C.J: I.D. for solid waste disposal.) and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. I. CONSIDER AN UPDATE ON SEWER SERVICE TO THE FISH HATCHERY ROAD AREA Mr. Wilder stated that as of this date the preliminary field investigation on the project has been completed. From t information, a revised collection system layout is currently being drawn, and a preliminary quantity takeoff and an opinion probable project costs will be prepared. CONSIDER AN UPDATE ON SEWER SERVICE TO BADGER LANE A cost of $95,700 has been estimated for providing sewer service to an area on Badger Lane (outside City limits). stated that this would not be cost effective at this time. CONSIDER APPEALS FROM ROTATION WRECKER SERVICE SUSPENSION Scott Bounds stated that he has determined that the appeal hewing will require approximately three hours and suggest Council schedule the hearing for the following Tuesday. Mayor Hodges scheduled the hearing for Tuesday, October 12, 1993, 5:15 p.m. CONSIDER A RECOMMENDATION TO REPLACE THE WRECKER ROTATION SYSTEM WITH AN ANNUAL CONTRACT BASED ON REQUEST FOR PROPOSALS SOLICITATION Council delayed action on this item pending the outcome of the appeals from rotation wrecker services. CONSIDER A REQUEST TO USE GIBBS PARK FOR A "HAUNTED WOODS" DONATION FUND RAISER BY UNIVERSITY STUDENT GROUPS ' Councilmember Green made the motion to approve the request to use Gibbs Park for a "haunted woods" donation fund raiser by University Students, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimouslyj',, CONSIDER A VARIANCE REQUEST FROM ROGER SDHTH, PROPRIETOR OF POKEY'S TOWN TO SECURE AN ALCOHOL BEVERAGE LICENSE Mr. Smith asked Council to reconsider his request for a variance to secure an alcohol beverage license. 6 -3. CONSIDER BUDGETARY AND FISCAL POLICY STATEMENT AMENDMENTS AND PURCHASING PROCEDURE ADJUSTMENTS CONSIDER BIDS FOR CONSTRUCTION OF 12" WATER MAIN FROM THE HOLLIDAY UNIT TO WALKER -BYRD AND ACROSS IH -45 TO ELLIOTT CONSTRUCTION ($140,405.00) FROM C.I.P. FUNDS seconded the motion. All were in favor and the motion passed unanimously. REVIEW AIR CONDITIONER REPAIR/REPLACEMENT AT CITY HALL AND THE SERVICE CENTER , Mr. Schindler stated that in September bids were obtained for the replacement and repair of two air condition units. Look bidder on both projects was Beckham and Jones from Huntsville. On Friday, September 24, a different compressor went out, completely and required replacement Since bids had just been received for the same repairs and replacement, Beckham and Jones ! was called to make these repairs. L I CITY COUNCIL MEETING OF OCTOBER 5, 1993 BOOK "R" CONSIDER BID #93 -43, NEW FULL SIZE 1/2 TON TRUCK (01 -24 -6904) 239 Councilmember Loring made a motion to approve Bid #93 -43 for a new full size 1/2 ton truck to Beaver Chevrolet in the amount of 11,860.00, and Councilmember Green seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER A POLICY RESTRICTING THE USE OF THE MARTIN LUTHER KING CENTER BY RESERVATION AND ESTABLISHING A CURFEW ON THE BUILDING'S USE Staff passed out a current draft of policies restricting the use the Center. Mayor Hodges stated that he would like Council to review these policies and it would be on the next Council agenda for approval. Mr. Bounds stated that one issue is not to allow admission to be charged for private gain and/or require private security. Mayor Hodges stated that he felt groups or organizations should have Council approval before admission is to be charged. Councilmember Matthews stated she did not feel that the admission charged was the problem, but felt the City should require private security. Mayor Hodges asked Council to call the City Manager with additions, changes, revisions, etc. CONSIDER RESOLUTION 93- 10 -5.1 ASSURING THAT THE COUNTY AND CITY WILL PROVIDE THE NECESSARY RIGHT -OF -WAY FOR THE EXTENSION OF F.M. 1791 FROM S.H. 30 TO THE INTERSECTION OF IH45 AND S.H. 75 NORTH Mr. Pipes stated that the proposed extension of F.M. 1791 has moved up rapidly in the funding cycle of the Texas Department of Transportation. They are requesting that the County and City sign aresolution assuring that these entities will provide the necessary right -of -ways. CouncilmemberNorton made the motion to approve Resolution 93- 10 -5.1 assuring the Texas Department ofTransportafion that the Citv will provide the necessary right -of -way for the extension of F.M. 1791 from S.H. 30 to the intersection of IH -45 and S.H. 75 North, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ACCEPTANCE OF $4,409 GRANT FROM THE TEXAS COMMISSION ON THE ARTS TO TO MATCHED BY ARTS COMMISSION FUNDS DERIVED FROM HOTEL/MOTEL TAX RESERVES Councilmember Matthews made the motion to acceot the $4,409 grant from the Texas Commission on the Arts to be matched by Arts Commission funds, and Councilmember Loring seconded the motion. All were in favor and the motion Dassed unanimously. MAYOR'S ACTIVITY REPORT 1. Solicit nominees for Arts Commissioner and Advisory Board Members. Mayor Hodges asked that Council consider nominees for vacancies on the Arts Commission. 2. Consider selection of Appraisal District Directors for 1994 -96 term. Councilmember Carter stated that he had received a letter from Larry Watts and suggested taking the action outlined in the letter as follows: support and pass a resolution through the governing body for which you are elected setting minimal ethical standards for Appraisal District board members. These standards should include assurance of current payment of taxes and further ask that the City not cast a vote for any current member or future member not meeting these ethical standards and ask each current member to live up to these standards or resign his or her position. Councilmember Carter made a motion that the City Council follow the recommendation in terms of the City's voting for members of the Appraisal District Board and make a statement to the Appraisal District that as a City Council we expect all members of the Appraisal District Board to meet ethical standards including current payment of taxes, and Councilmember Green seconded the motion. Mr. Pipes stated that the City was able with its number of votes to nominate one member. Councilmember Davis stated that it was appropriate for the City to nominate its one member, but subject to the ethical guidelines discussed. A vote was taken. All were in favor and the motion passed unanimously. Councilmember Green made a motion to nominate Robert McCann to the Walker County Appraisal District Board of Directors, and Councilmember Lange seconded the motion. Councilmember Carter suggested this item be considered at the next meeting to give City Council a chance to consider I� �i CITY COUNCIL MEETING OF OCTOBER 5, 1993 BOOK "R" 240 its nomine Councilmember Green withdrew his motion and Councilmember Lange withdrew his second. 3. Consider reappointment of Frank Parker and Don Coats to the Board of Adiustment - Zonine. and reappointment of Gmd' Manis and Sylvia Davis to the Planning and Zoning Commission. seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCILMEMBER ACTION Taste and Odor Control. Councilmember Carter asked if there would be costs required for the taste and odor control proposed by Trinity River Authority. Mr. Wilder stated there would be some costs, but it would not affect the budget. Councilmember'. Carter requested an estimate of the costs for the project. Tree Stump - Wal -Mart Site. Councilmember Carter stated that he had brought a stump to show Council that one tree cut from: the Wal -Mart site was in excess of 130 years old as determined by the number of rings. He believes that the City should have taken a firmer stand to save the trees. Art Show. Councilmember Luning commended the City on the success of the An Show and Children's Parade the past weekend''' during the Fair on the Square. He also commended the Soccer Association for a successful tournament. Kid's Day. Councilmember Matthews stated that the Huntsville Police Department sponsored the Kid's Day at Emancipation Park and there was a tremendous turnout and they did a great job. ' Emergency Medical Service. Councilmember Davis stated that the City was in the process of updating the Interlocal Agreement as a result of the revised funding arrangement. None. MEDIA ADJOURNMENT 2 Danna Welter, City Secretary