MIN CC 05/10/1994CITY COUNCIL MEETING OF MAY 10, 1994 BOOK "R" 287
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 10TH DAY OF MAY, 1994, 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 regular session with the following members present:
COUNCILMEMBERS:
W. H. Hodges, Mayor Officers:
Dan S. Davis Jim Carter Gene Pipes, City Manager
JoAnn Matthews David Martinez Danna Welter, City Secretary
Ronald L. Lange Dave Luning Scott Bounds, City Attorney
Harold Norton Marjorie Rex
CITIZEN INPUTANQUIRY
Charles Smither, Jr. Mr. Smither stated that he was astounded that the plans for the visitors center were on file at the
J City to be inspected by bidders. He feels that this fast track may lead to mistakes, errors and problems. Mr. Smither stated that
he did not see handicap ramps leading to the building on the plans. He feels that the design of the parking lot does not seem
practical. He stated that the design needs additional work before the plans should be released to the bidders.
Mr. Smither also stated that the suggestion to fund $10,000 for informational and ceremonial expenses should be funded
by private donations and not tax dollars.
Kirk Crowmiller. Mr. Crowmiller stated that there was an indecent flyer being put on utility poles and drive -in
businesses' windows for an advertisement at Pokeys. This is a violation of City ordinance and law.
Mayor Hodges stated that the City would inform Pokeys about the City ordinance prohibiting signs on utility poles.
' REGULAR SESSION - CALL TO ORDER
INVOCATION
Invocation by Former Councilmember Percy Howard.
CONSIDER THE GIFT BY DEED OF A 5.785 ACRE TRACT AS A PUBLIC PARK
BY GIBBS BROTHERS & COMPANY
Judge Thomas A. Gee, Gibbs Brothers & Company, presented City Council with the gift deed of a 5.785 acre tract to
be used as a public park. Mayor Hodges thanked Judge Gee and Gibbs Brothers for this generous gift and for their past
contributions to the City.
Councilmember Rex made the motion to accept the gift by deed of 5.785 acres as a public park, and Councilmember
Luning seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER A GRANT BY THE MEADOWS FOUNDATION OF DALLAS, TEXAS,
IN THE AMOUNT OF $150,000 TOWARD THE SECOND PHASE OF THE
DOWNTOWN REVITALIZATION PROJECT
Ms. Pease stated that a letter and contract from Meadows Foundation of Texas is presented to you which offers $150,000
in support of the second phase of the Downtown Revitalization Project. The monies are specifically designated in the contract for
the Richard Haas maquettes and paintings. A similar procedure as the one in the first phase will be followed. Ms. Pease requested
Council approval on the acceptance of the Meadows Foundation grant contingent on property owners' participation, and approval
of $10,150 from the downtown fund (balance $36,575).
Councilmember Lange made the motion to accept the Meadows Foundation Brant and approve $10.150 from the downtown
fund and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
' Councilmember Carter stated that he hoped the City would have more diversity downtown in the sense of more artists.
CONSIDER A REQUEST BY MR. PAUL PALMER TO BE PERMITTED
TO INSTALL DIRECT DIALER EMERGENCY ACCESS TO THE E -911 SYSTEM
Mr. Palmer addressed Council to request that use of automatic dial alarms with pre- recorded messages be allowed on the
CITY COUNCIL MEETING OF MAY 10, 1994 BOOK "R" 1uu
E -911 system.
Mayor Hodges stated that the Chief of Police had researched this issue and strongly recommends that the City
the provisions forbidding the use of automatic dial alarms with pre- recorded messages.
There was no motion to change the current policy.
CONSIDER ORDINANCE NO. 94 -5 -10.1 AMENDING CHAPTER 6 OF THE
BUILDING CODE TO PERMIT BUSINESS OCCUPANCIES IN COVERED MALLS
Mr. Bounds stated that the standard building code has been amended since the City last adopted the code to
occupancies in covered malls. This ordinance would allow office space at the West Hill Mall.
Passed unanimously.
CONSIDER RESOLUTION 94 -5 -10.1 AUTHORIZING FINAL PAYMENT
ON THE MCGARY CREEK SEWER SYSTEM PROJECT
CONSIDER A REQUEST FOR PROPOSAL FOR OPERATION OF THE
VISITORS CENTER GIFT SHOP
This items was postponed until the next agenda.
CONSIDER AN AMENDMENT TO THE BYLAWS OF PATH (PUBLIC ACCESS TO
HUNTSVILLE) WAYS, A LIBRARY AND INFORMATION CONSORTIUM
favor and the motion passed unanimously.
CONSIDER ORDINANCE 94 -5 -10.2 AUTHORIZING AN AGREEMENT AND
ASSESSING A LIEN AGAINST THE PROPERTY AT 214 AVENUE L FOR SEWER
Mr. Bounds stated that at the last Council meeting, Council approved participating in a sewer line project to Mr. Useda's
property . and allowing Mr. Useda to pay out his portion of the improvements. This ordinance makes the City the contractor and
gives the City a mechanics lien against the property for the sewer improvements.
and the motion passed unanimously.
CONSIDER LOCATION AUTHORIZATION FOR "WELCOME TO HUNTSVILLE" SIGNS
Mr, Schindler stated that the funds have been approved for the Welcome to Huntsville signs. Staff recommends
locations for Council's approval - 7th Street at Highway 75 North and Hickory at 11th Street.
Councilmember Davis seconded the motion All were in favor except Councilmember Matthews The motion passed 8 -1
CONSIDER BID 94 -17, ANIMAL CONTROL VEHICLE, TO KNAPP CHEVROLET
IN THE AMOUNT OF $14,704 TO BE PAID FROM GENERAL FUND RESERVE
Mr. Schindler stated that this vehicle was to be funded by a certificate of obligation. During the bid process the bids were�
opened one day early so the vehicle cannot be funded by a C.O. A very good bid was received and staff is recommending that this
vehicle be paid for from the reserve for future allocation and the budget be adjusted next year.
Councilmember Lange made the motion to approve bid 94 -17 animal control vehicle to Knapp Chevrolet in the amount
of $14,704 to be paid from the General Fund reserve. and Councilmember Luning seconded the motion All were in favor and thel
motion passed unanimously.
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CITY COUNCIL MEETING OF MAY 10, 1994 BOOK "R"
289
CONSIDER THE RELOCATION OF A SEWER LINE IN THE SMITH HILL ROAD -LONG POINT ROAD
-� AREA IN THE AMOUNT OF $8,635 TO BE PAID FROM THE UTILITY FUND RESERVE
Mr. Pipes stated that there is a sewer line crossing the M.F. Gates, John Amick and Hawkins lot on Smith Hill Road.
Mr. and Mrs. Hawkins are planning to build a home on their property and have requested that the City relocate the line.
Councilmember Luning made the motion to approve the relocation ofa sewer line in the Smith Hill Road -Lone Point Road
area in the amount of $8.635 to be paid from the utility fund reserve, and Councilmember Lange seconded the motion. All were
in favor and the motion passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Presentation of the Government Finance Officers Association Award for Budget Excellence to Patricia Allen. Director
of Finance.
Mayor Hodges presented Patricia Allen with the Government Finance Officers Association Award for Budget Excellence
for the fiscal year 1993 -94.
2. Sam Houston Statue project progress report:
• Dedication Ceremony Committee activities and funding:
Mayor Hodges stated that the Committee has met and made a lot of progress toward the Dedication Ceremony. Co- chairs
of the committee are Jane Monday and Dan Davis. Mayor Hodges stated that the City needs to allocate funds for the dedication
ceremony activities. He recommends that $10,000 be set aside to cover the information and ceremonial expenses.
J Councilmember Lange made the motion to approve $10,000 be set aside for information and ceremonial expenses related
to the dedication of the Sam Houston statue. and Councilmember Davis seconded the motion.
Mr. Pipes stated that this $10,000 would cover the expenses to mail the newsletter(s) on the Sam Houston statue
A vote was taken. Councilmembers Lange, Davis,. Martinez, Rex, Loping and Mayor Hodges voted for, and
Councilmembers Carter. Norton and Matthews voted against. The motion passed 6 -3.
• Approve architectural design services agreement:
Mr. Pipes requested authorization for the City Manager to enter into a contract with Goodwin - Lasiter not to exceed
$35,000 to complete the design and construction supervision work for the visitors center. These funds will come out of the money
to be financed for debt service in the hotel -motel tax pay back.
Councilmember Lange made the motion to authorize the City Manager to enter into a contract with Goodwin- Lasiter not
to exceed $35,000 to complete the design and construction supervision work for the visitors center, and Councilmember Rex
seconded the motion All were in favor and the motion passed unanimously.
• Tax anticipation note financing - site development /visitors center, First Southwest Corporation designated agent.
Ms. Allen stated that First Southwest Corporation is recommending that anticipation notes be issued with a tax pledge
to be paid within seven years. They state that they realize the City has expressed an interest in using the Motel Bed Tax as the
source of pledged revenue, but pledging tax revenue notes would save the City money in lower interest rates. The City could still
pay for the notes with revenue from the motel bed tax. It will take approximately three weeks to get the paperwork ready and back
to City Council for approval. It does not require voter approval, but an ordinance by City Council will need to be adopted.
Approximately four weeks after the ordinance is adopted, the money will be available for expenditure.
Councilmember Davis made the motion to approve the recommendation by First Southwest Corp. to issue anticipation
notes to be issued with a tax pledge, and Councilmember Lange seconded the motion.
Councilmember Caner stated that he would not vote for the motion if ad valorem dollars are pledged. He stated the hotel
bed tax should be pledged even though the savings for pledging tax revenue would be approximately $5,000.
Councilmember Lange stated that $5,000 would be a substantial savings to the citizens.
Ms. Allen stated that even if tax revenue is pledged, the notes will be paid with the hotel -motel tax.
A vote was taken. All were in favor except Councilmember Caner. The motion passed 8 -1.
Councilmember Davis made the motion to use First Southwest Corp. as the City's bond counsel, and Councilmember Rex
seconded the motion. All were in favor and the motion passed unanimouslv.
CITY COUNCILMEMBER ACTION
CITY COUNCIL MEETING OF MAY 10, 1994 BOOK "R"
Pritchett Field Trees. Councilmember Carter asked about information on the trees being cut at Pritchett Field. Mr. Pipes stated
that the plans provided to the Building Inspection Department for permitting in no wayjeopardizes the trees in the City right -of -way.
The Building Inspector did make an on -site assurance and will monitor the site carefully.
Wiesner Trees. Councilmember Carter stated that Wiesner Motors had cut some trees on the front of their property. Mr.
stated that the State gave Wiesner permission to remove the trees in the State right -of -way. The trees were not in the jurist
of the City of Huntsville.
Wiesner Lighting. Councilmember Carter stated that he would like to see an ordinance controlling the amount of lighting alto,
for businesses bordering residential neighborhoods. Mr. Bounds stated that he would check with Mr. Isbell, City Engineer, to
if the Planning Commission did discuss this issue. Councilmember Cuter stated that he would like the City Council to take
initiative. Mayor Hodges stated that this issue should be addressed by the Planning Commission.
Trash Complaint Downtown, Councilmember Luning stated that he had some complaints about the appearance of downtown Iasi
week and asked if the City Attorney could research ordinances against congregate housing in the downtown district. He also stated
that it may be appropriate to not allow alcohol consumption on the streets downtown except for special occasions such as the Fait
on the Square.
Councilmember Norton asked the City Attorney if the City could prohibit residential living in the downtown district. Mr.
Bounds stated that Council could address some residential restrictions, but stated that there are some other residences
other than the fraternity house.
Video Conference. Councilmember Matthews stated that on Monday, May 16, a telecommunications video conference from 1
pm - 4:00 pm dealing with Youth Violence and Prevention will be televised at the Lowman Student Center on campus.
Pokey's Street Dance, Councilmember Lange stated that Pokey's had a street dance extending for several blocks with two bands '
on the street. There was a definite litter problem.
MEDIA
None.
Recess into EXECUTIVE SESSION at 6:40 p.m. to discuss easement acquisitions: 1) Favila tract, North University
Avenue; and 2) 9th Street at Avenue G. Adjourn 7:20 p.m.
Dann Welter, City Secretary