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MIN CC 02/28/1995CITY COUNCIL MEETING OF FEBRUARY 28, 1995 BOOK "R" 347 !, MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 28TH DAY OF FEBRUARY, 1995, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:1 5 P.M. The Council met in regular session with the following members present: COUNCILMEMBERS: Willia B. Green, Mayor m Ann James Officers: Dan S. Davis Jim Carter Gene Pipes, City Manager JoAnn Matthews David Martinez Danna Welter, City Secretary Marjorie Rex Dave Luning Scott Bounds, City Attorney Ronald L. Lange I H i CALL TO ORDER Mayor Green called the meeting to order at 4:30 p.m. and recessed into an EXECUTIVE SESSION to discuss a) 7th Street property acquisition; and b) Billy Don Carroll worker's compensation suit. Mayor Green reconvened the meeting at 5:15 p.m. CITIZEN INPUTANQUDZY 1. Charles Smither. Jr. Mr. Smither stated that the cemetery association had requested in a letter to the City last year that a plan for future assistance for disasters be addressed. During the ice storm in 1994, the Association spent $3,600 not including disposal costs on storm damage within the boundaries of the cemetery, much of which was in the historical section around Sam Houston's grave. No benefits were received from the City or County to help defray those costs. Mr. Sturdier stated that some City owned property on Avenue M was boarded up this past week. The building was boarded up neatly, but the secondary structure in the back was not boarded up. Mr. Smither stated that in the recent discussions on demolition, it sounded as if the City would not be able to stretch the funds very far and suggested that Council consider a policy to board up more structures rather than tear down a few. Mr. Smither stated that in the last packet there was a memorandum listing the actual expenditures on the Sam Houston Statue project. It listed $598,000 actual spent, and $140,000 for City labor and equipment not included in the $598,000. Will the $140,000 be reimbursed out of the hotel -motel tax funds or would it be paid by taxpayers. Mayor Green stated that he would check on the letter from the Cemetery Association. He also stated that the City is currently in the process of review of its building demolition policy and identifying priorities. Regarding the $140,000 for labor and equipment on the statue project, he would refer to staff on this arrangement. Mr. Pipes stated that in -kind contributions from the City have not been a direct out of pocket expense in terms of additional expenditures. These are more in line of projects that may have otherwise been deferred. These employees, such as the street paving crew which built the parking lot, have documented the actual hours spent and the expenses related thereto. Former Mayor Hodges and others felt that with the public donating so much for the "Stand with Sam" campaign, that the City could do its part by using in house crews (parks, street, sanitation, etc.) to benefit the project since it is a City of Huntsville project. These costs are being absorbed as in -kind contributions. The Council can at any time they choose designare the fund (hotel - motel, revenue, donated funds, etc.) to reimburse the general fund. This would create a surplus in the general fund, since no new employees were required or hired and the salaries for the current employees are in the budget. Councilmember Carter stated that when he asked the numbers to be generated he remembered being told that the Chamber would be reimbursing the City for those $140,000 funds. It was never his understanding that City Council agreed to spend any money out of the general fund, in -kind or otherwise for the statue project. Mayor Green stated that the subject would be researched and reviewed. 2. Eleanor Chestnut. Ms. Chestnut stated there is an ordinance on file regarding dilapidated buildings. She feels that the ordinances on garbage, refuse, and rubbish, dilapidated and substandard buildings, and health and sanitation are notbeing enforced or implemented. She presented Council with pictures she has taken of many dilapidated structures and also of materials slipping into Bayou Bend for their review. Mayor Green stated that the demolition procedures and policies are being reviewed and thanked her for coming to Council with the pictures. Councilmember Luning also thanked her for her concern and asked that other citizens with specific areas of concern on dilapidated structures to bring it to Council's attention. CITY COUNCIL MEETING OF FEBRUARY 28, 1995 BOOK "R" 348 INVOCATION Invocation by Keith Brister, First Baptist Church. CONSIDER THE MINUTES OF FEBRUARY 14, 1995 seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS 1. Cordon Brown, Elkins Lake Recreation Corp., to Propose a second entrance to Elkins Lake Mr. Brown stated that he is representing the Board of Trustees of the Elkins Lake Recreation Corporation. He would'',, like to discuss the road easement that is being considered as a second entrance into Elkins Jake. A letter from T.D.C.J. states than their staff has reviewed the preliminary layout for the proposed extension from River Oaks Street from the east boundary of Elkins.� Lake to 111 -45. The proposed alignment, the 80' width and a temporary of 50' construction easement is acceptable to the department. Upon finalization of the proposed alignment and submission of metes and bounds description thereof, the easement) instrument will be prepared granting an 80' right -of -way and an additional temporary 50' construction easement. This letter is signed by James A. Collins, Executive Director, T.D.C.J. Meetings have been held with representatives of T.D.C.J., Representative Allen Hightower and Texas Department of Transportation, and all agree that the proposed site was well located. This proposed site has been submitted to the City Planning Commission for approval. Approval is requested of the proposed routed, as being offered by the T.D.C.J. This would mean that the easement for the road would be available at such time as monies were available and Council approved the second entrance. It is also requested that the proposed route be placed on the City's Comprehensive Plan for future development. Mayor Green stated that staff would request permission from T.D.C.J. to allow City staff to go onto the land with survey',, equipment. This item would be reviewed and brought back to Council for further discussion. 2. Dr. Jodv Crawford, H.H.S. Baseball Booster Club, to seek Permission to charge admission to a fund raising tournament, to benefit the High School baseball Program. Dr. Crawford was not present and Council passed on this item. 3. Tom Curtis, Curtis Development Corporation, to request a modification to the City's sign ordinance and propose' acceptance of a drainage retention basin in fee. Mr. Curtis stated that he is developing West Hill Park located on the northwest corner of Highway 30 and I11-45. Preliminary site plans were passed out to Council. The site is being developed in a multi -use property. A drainage pond is being required on the property. This pond warehouses the water under the various sheds required for the various construction on the property. He would like to dedicate or give this retention pond to the City fee simple along with the normal easement for water, sewer, electric, telephone, etc. The grass, landscaping and surroundings affixed to these easements would be maintained by the Association (West Hill Park Association) through a legal document. The Association will carry an insurance bond for any insurance) liability and will also allow the City to have full discretion with their use of easements. Mayor Green stated that in talking with staff, they are not opposed to acquiring retention ponds and other kinds of '1. drainage easements in an attempt to have a comprehensive drainage plan. Councilmember Lange asked what happens after a period of time when the retention pond deteriorates. Mr. Curtis stated that it was the intention and desire to take care of all maintenance. Erosion would probably take place if the property was not maintained properly. Councilmember Luning stated he did not see how it would be to the City's benefit to acquire the retention pond. Mr. Curtis stated that this is an eight and one half million dollar project and is only asking the City to take 112 acre. Mr. Pipes stated that the City has accepted drainage easements and structures in the past, but has not been asked to accept, a drainage pond. This pond is at the top of the watershed for this branch and it may be beneficial for the City to be in control of this property. Councilmember Carter requested the amount of taxes that are involved with this piece of property. Councilmember Luning made a motion to prepare the legal documents for review to determine if the Citv accept or reject' the retention pond, and Councilmember Lange seconded the motion All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF FEBRUARY 28, 1995 BOOK "R" 349 Mr. Curtis stated that his second issue is regarding a billboard that was proposed on the southern end of Huntsville to announce the development. Approval was denied from the Board of Adjustment and Appeals because there are not two businesses operating within 800 feet. He feels the signs is in good taste and asked the City to amend its Development Code to follow Texas Beautification Act that does not require two businesses to be side by side, within 800 feet apart. Mayor Green stated that it would be appropriate to review the sign ordinance while the Planning and Zoning Commission is reviewing the Development Code. This review is taking place at this time. Councilmember Lange stated that there are signs all over our community. The aesthetics of the community are detracted immensely by billboards and feels that Council should be cautious in dealing with the issue. 4. Charles Souther. Jr., to discuss the proposed development code changes. Mr. Smither stated that he has tried to attend the public meetings dealing with the development code, however, like most - citizens he relies on the elected and appointed officials who are on these various boards to represent fairly the interests of all the citizens and taxpayers. At one of the hearings, Ed Smith, Chairman of the Planning Commission, stated that discussion would be only on issues that have been revised, corrected or clarified in the code. He felt citizens should have been able to discuss what is wrong and /or right with the code as it is. Many business people in Huntsville feel that the Development Code is the reason for the lack of development, especially new residential development. Clearly the staff desires more specific rules and regulations and the businessmen desire more flexibility. City Council ultimately will make these decision and hopefully citizens will be allowed to express their views during the process. CONSIDER ORDINANCE 95 -2 -28.1 AMENDING THE PERSONNEL POLICIES REGARDING THE DRUG /ALCOHOL POLICY AND TESTING PROCEDURE Councilmember Luning made the motion to approve Ordinance 95- 2 -28 -1 amending the Personnel Policies regarding the drug /alcohol policv, and Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously. 1 CONSIDER THE PROPOSALS TO DEMOLISH THE BOETTCHER'S MILL COMMISSARY BUILDING AND A PROPOSED QUARTERLY WATER SAMPLING AT THE SITE The City of Huntsville advertised for interested persons to submit an offer for the demolition and clean up of the structure at 201 Boettchers Mill. They are as follows: Theodore Carter • Offered $100 - 15 day with 3 day grace period to complete job. • Demolish and remove all debris and clean lot. (Withdrew offer - 2 -23 -95 1:35 p.m.) Herb Campbell. Steve Goetz, Ivan Robertson • Demolish and remove all debris and clean lot. • Donate lumber and other materials requested by the Sam Houston Memorial Museum for use in exhibit preparation and design. • 90 days to complete job. Pro Crow Co. • Demolish and remove all debris and clean lot. • 26 working days to complete job. • Invoice City of Huntsville $800 Steve Haas • Demolish and remove all debris except the large piece of concrete. • Complete work by the end of May 1995. • Invoice City of Huntsville $500 Councilmember Carter made the motion to proposal to demolish the Boettcher's Mill Commissary Building to Herb 1 Campbell, Steve Goetz, and Ivan Robinson, and Councilmember Lange seconded the motion. Councilmember Luning was concerned that without requiring a bond, debris may be left at the site. A vote was taken. All were in favor except Councilmember Luning. The motion passed 8 -1. Staff recommended that council take no action on the quarterly ground water sampling at the site. CITY COUNCIL MEETING OF FEBRUARY 28, 1995 BOOK "R" CONSIDER A REQUEST BY TOTAL COMMUNITY INVOLVEMENT TO UTILIZE THE ' MARTIN LUTHER KING CENTER ON SATURDAYS j ncilmember Rex made a motion to approve a request by Total Community Involvement to utilize the Martin Luther CONSIDER THE OPTIONS FOR THE FISH HATCHERY ROAD FIRE HYDRANT PLACEMENT After a discussion on the options for the Fish Hatchery Road fire hydrant placement, a motion was made. passed unanimously. NOTE: Councilmember Lanee absent for the remainder of the meeting CONSIDER AN ENGINEERING DESIGN CONTRACT WITH WISENBAKER, FIX & ASSOCIATES TO WRITE NEW O & M MANUALS FOR EACH WASTEWATER TREATMENT PLANT AT AN ESTIMATED COST OF $18,000 TO BE PAID BY T.W.D.B. FUNDS Councilmember Luning made the motion to approve a contract with Wisenbaker, Fix & Associates to write new O & M manuals for the two wastewater treatment plants at an estimated cost of $18,000 to be paid by T.W.D.B. funds, and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CONSIDER AN INCREASE IN PROJECT REPRESENTATION (CONSTRUCTION INSPECTION) ON THE N. B. DAVIDSON WASTEWATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $19,000 (TO BE PAID BY T.W.D.B. FUNDS) seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A TECHNICAL SERVICES AGREEMENT WITH ADS ENVIRONMENTAL SERVICES TO PERFORM.. A SANITARY SEWER EVALUATION STUDY ON THE LOWER LAKES AREA OF ELKINS LAKE AT AN ESTIMATED COST OF $70,520 TO BE PAID FROM DEDICATED ELKINS LAKE FUNDS unanimously. DISCUSS RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION TO AMEND THE jl ZONING MAP TO INCLUDE AREAS IN THE RECENTLY ANNEXED AREAS AND SETTLER'S WAY iJ SUBDIVISION WITH A PUBLIC HEARING SCHEDULED FOR MARCH 21 Mr. Ed Smith, Chairman of the Planning and Zoning Commission, stated that Council had been forwarded a hound:: manual that represents the zoning for the newly annexed areas. The zoning plan for the areas was derived from a composition eitheu'.. already existing subdivision deed restrictions for those properties, or when those did not exist, from the warranty deed as recorded.''. A public hearing was held and there was not a large amount of opposition to the amendments. The property owners are well served'. by the zoning as it was done by the Commission. The Planning Commission expressed much gratitude for staff's extensive research during this process. The recommendation is that a public hearing be scheduled for March 21, with final action to be taken. Mayor Green thanked the Planning Commission for their work on this project and also the work on the Development Code. A public hearing will be scheduled on March 21 for comment. CONSIDER AN AGREEMENT FOR SUMMER BASEBALL AND SOFTBALL PROGRAM WITH HBBA, HDB AND HGSA FOR 1995, TO BE AUTOMATICALLY RENEWED EACH MARCH 1 CONSIDER AN AGREEMENT FOR ADULT SOFTBALL WITH HASA FOR 1995, TO BE AUTOMATICALLY RENEWED EACH MARCH 1 Councilmember Liming made the motion to approve the agreements for summer baseball and softball program, and the: adult softball, in be automatically renewed each March 1. and Councilmember Davis seconded the motion All were in favor and, the motion passed unanimously. CITY COUNCIL MEETING OF FEBRUARY 28, 1995 BOOK "R" 351 MAYOR'S ACTIVITY REPORT 1. Reappointment of Council Committees and seating arrangement at Council dias. it Mayor Green stated that he has rearranged the seating due to reconfiguration to the committees of Council. The Finance Committee is on the right and Personnel Committee on the left. 2. Consider appointment of Andrew Holmes to the Board of Adjustment - Zoning. Councilmember Davis made the motion to approve the appointment of Andrew Holmes to the Board of Adiustme t- Zoning, and Councilmember lames seconded the motion. All were in favor and the motion passed unanimously. 3. Consider purchase of a 27 acre tract on 7th Street. Mayor Green stated that this item was discussed in Executive Session. Councilmember Davis made a motion to purchase the 27.33 acre tract on 7th Street from Champagne Properties, Ltd., in the amount of $73.800 to be paid from drainage funds, and Councilmember Lunina seconded the motion. All were in favor and the motion passed unanimousl 4. Establish procedure to review the revised Development Code as recommended by the Planning and Zoning Commission. Mayor Green stated that he would propose to begin review of the Development Code at the Council Retreat on March 18th.. This review would not be for purposes of making changes or approval, but to begin discussions. Following this overview, several chapters will be discussed at subsequent Council meetings with input from the citizens of the community. 5. Consider route options for the F.M. 1791 extension to be discussed at a public meeting on Much 7 and again on March 21 at a City Council work session. After discussion on the various routes suggested by the Texas Department of Transportation, Mr. Pipes stated that the T.D.O.T. has scheduled a public meeting on March 7 and March 21 (in conjunction with Council Meeting). Mr. Pipes stated that staff recommended the blue route as the primary route. Mayor Green asked if there was a consensus of Council to make this know at the public hearing on March 7. Councilmember Carter felt other routes would be better options. CITY COUNCILMEMBER ACTION 1. Dan Davis. Finance Committee recommendation to place Cowen & Companv on the broker list. Councilmember Davis stated that the Finance Committee approved adding Cowen & Company to the broker list. This requires no Council action. None. MEDIA INQUIRIES F.\ IaU111;7Ch71 aICY Y 1 Danna Welter, City Secretary