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MIN CC 07/11/1995_. _..CITY CQUNCIL MEETING OF JULY 11, 1995 _. _ BOOK' R' MINUTES OF THE HUNTS VILLE CITY COUNCIL MEETING HELD ON THE 11TH DAY OF JULY, 1995, IN THE CITY IL ' ! LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in regular session with the following members present: COUNCILMEMBERS: William B. Green, Mayor Dave Luning Officers: Dan S. Davis JoAnn Matthews Gene Pipes, City Manager Ronald L. Lange David Martinez Absent: Dunn Welter, City Secretary Marjorie Rex Ann James Absent: Scott Bounds, City Attorney Jim Carter Presentation of Proclamation 95 -08 - September 1995 as United Way Month. CITIZEN INPUTANQUIRY 381 1. Jim McClanahan. Mr. McClanahan stated that he owns M & M Farm in the Huntsville area and raises emus. He stated that emus do graze and requests that City Council consider emus as livestock. 2. Taylor McGowan. Mr. McGowan stated that she is representing the Montgomery - Walker County Council on Drug and Alcohol Abuse, partially funded by the Texas Commission on Drug and Alcohol Abuse and private donations. The Council provides to the County substance abuse counselling, assessments, education and treatment for those family members and individuals affected by substance abuse. There are currently two offices open, one at St. Thomas Church and the main office in the Activities Center of the Housing Authority on Thomason Street. Mr. McGowan asked for City Council's consideration in subsidizing the Montgomery- Walker County Council on Drug and Alcohol Abuse in the City's next budget. 3. Barbam Guerrera. Ms. Guetrera stated that she regularly submitted an affidavit of vacancy for two years regarding water service, but due to an oversight on her part, failed to do so in June.. Although the City should run on a very strict schedule and policies should be enforced, she requests that the affidavit be accepted. The University Place Apartments were about 1/3 vacant during the month of June and this mistake is very costly. Patricia Allen stated that several years when the rate schedules were adopted apartments were to be billed on a per unit basis. There was an option for apartments with vacancies to file an affidavit of vacancy for credit by the fifth of the following month. Councilmember Davis made a motion to accent on a one time basis University Place Apartment's affidavit of vacancy for June. and Councilmember Carter seconded the motion. Councilmembers Davis. James, Carter. Lance. Rex . Martinez and Mayor Green voted for and Councilmembers Matthews and Lupine voted against. The motion passed 7 -2. INVOCATION Invocation by Patrick Antwi, City Planner. ATTENDING CITIZENS 1. Wilbur Moore, Habitat for Humanity, to request assistance with drainage problems on property at 1 lth Street and Elm (behind Huntsville Middle School). Mr. Moore stated that Habitat for Humanity has built four houses in the past five years and done major repairs to about that many also. All work done is by vlunteers. The City and County governments have given this organization good support and cooperation over these five years. At the current time Habitat for Humanity is not able to buy suitable Ind for affordable prices. The land in question, property at 11th Street and Elm, has drainage problems that will have to be resolved before the site is purchased and building of four to six houses can commence. There is a dangerous sink hole that is believed to have developed on the property due to a hole in the drainage pipe that sucks soil into it when it rains. The drainage that runs onto this property comes from the Middle School and Elementary School on the hill. Habitat for Humanity is asking the City to be responsible for making repairs to the drainage system, replacing it if need be and to take responsibility of future maintenance of it. The estimated cost to repair or replace the system is 1 between $2,000 and $10,000. Some adjustments to the open ditch maybe needed for better use in building on the land. Councihnember Lange stated that the drainage pipe is partly located on H.I.S.D property, in the public right -of -way, and private property. Councilmember Carter stated that he would support the City helping in this instance even though it is on private property since it is being used for public interest in building of low income housing. He did state that the private property owner could share in these expenses since a profit is being made on the sale. _ CITY COUNCIL MEETING OF JULY 11, 1995 BOOK "R" 382 Councilmember Luning stated that he felt Staff should make a recommendation regarding this project to give Council more information in which to make a decision. Councilmember Matthews stated that she did not want to make a decision on this project while it is owned privately and not by Habitat for Humanity. Mr. Moore stated that they do have an agreement with the seller for a fixed price within a certain amount of time and Habitat for Humanity cannot buy the property until the drainage issue is resolved. Councilmember Davis stated that perhaps a commitment could be made contingent upon Habitat for Humanity obtaining ownership of the property. He is in favor of supporting Habitat for Humanity in this endeavor and feels this is an appropriate area the City can be involved and have an impact. Mayor Green stated that he is supportive of the concept of what Habitat for Humanity is doing, but is concerned with the magnitude of the project with the lack of engineering estimates. Mr. Moore stated that perhaps the City Engineer could prepare estimates regarding this project. City Engineer stated that when the property is platted, a drainage easement would be required by code. At that point the drainage may remain where it is or it could be relocated. Mayor Green asked the City Engineer to talked with representatives from Habitat for Humanity and come up with a workable solution and report back to Council with a cost estimate. 2. Linda Pease presented a slide show previously presented to the National Association of Local Art Agencies. The slide show was developed from a project that has been going on - Youth at Risk Project, which now is called Arts Interaction. Lynn White- Longmim, with the Extended Leming Program at SHSU, thanked City Council for its initial support through the Arts Commission for this particular project and stated that a similar project has been adopted by Sam Houston State University. HAPPY 50TH BIRTHDAY BOYD WILDER!!!! CONSIDER CHANGE ORDER #1 ON THE A. J. BROWN WASTEWATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $16,448 Mr. Wilder stated that this change order entails a deduct ($2,456) on a particular type of cement used in the driveway area, and due':.'. to miscommunication a 18 foot driveway was specified instead of a 22 foot driveway for an additional cost of ($18,904), for a net change order of $16,448. Contingency funds in this project total $413,000. Councilmember Davis made a motion to aoorove Chanee Order 41 on the A. J. Brown Wastewater Treatment Plant proicet in the amount of $18.804. and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A PROPOSAL TO ABATE A HAZARDOUS POND AND DUMP ON THE 10TH STREET RIGHT OF WAY BEHIND GOOD SHEPHERD MISSION Mr. Wilder stated that a request has been received from representatives from the Good Shepherd Mission to drain the pond and clean the area behind the Mission. The pond is half on the Mission's property and half (the dam) on the City's 1 Oth Street right -of -way. I This area has grown up over the years and has been used as a dumping area. Staff estimates approximately $8,133 in equipment and' :' manpower with an additional $500 in disposal costs for a total of $8,633. Direction is requested from Council whether to pursue the; project. Councilmember Carter made a motion to drain the pond and clean the area behind the Good Shepherd Mission in an estimated' amount of $8.633. and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CONSIDER THE DESIGNATION OF EMUS AS EXOTICS OR DOMESTIC LIVESTOCK Mr. Wilder stated that the Inspection Department investigated a bad odor complaint regarding the emus on Dr. Perry Little's !; property in early June. It was decided that emus should be considered as "exotic" due to the fact that the City Attorney stated that they are similar to an Ostrich (which is considered exotic), and also after a call to the Walker County Extension Agent in which he stated'. that Emus is not considered livestock as they are not a "grazing" animal. It is Staffs recommendation that since the Code was !.. developed to prevent various types of animal from being a nuisance to citizens, the animals should be removed. Councilmember James stated that there is a bill before the legislature to designate Emus as livestock. She has visited the site where'? the Emus are kept and talked with Mr. Little and other regarding the research project underway and would like to see Emus classified''! as "livestock" in the Code of Ordinances. '! Councilmember James made a motion for the inclusion of livestock in Chapter IV, Article I. Section 41C also include Emus as livestock. and Councilmember Carter seconded the motion. Mayor Green stated that this would not completely solve Mr. Lit0e's problem, as he would still be within 125 feet from some private! residences and would be required to alter his fence areas. An ordinance would need to be prepared and brought back for Council's CITY COUNCIL MEETING OF JULY 11, 1995 _ __ BOOK' R approval at the next meeting. A motion was taken All were in favor and the motion Passed unanimously 383 CONSIDER A LETTER AND RESOLUTION OF INTENT TO PURSUE FINANCIAL ASSISTANCE FROM TXDOT FOR IMPROVEMENT TO THE HUNTSVILLE MUNICIPAL AIRPORT Staff has met with representatives from TDOT in reference to a grant available for improvements to the Huntsville Municipal Airport. The grant is available in the amount of $870,000 and is a90-10 grant ($87,000 in City funds). In order to be apply for this gram, a letter of intent and a resolution to TDOT no later than July 21, 1995. Staff is requesting approval of the letter of intent and resolution. Funds available for this include $14,399 (set aside from revenues from fuel sales at the Airport), and $72,601 will need to be taken from the unallocated reserve funds in the General Fund. There is a possibility that 33 acres on the north end of the Airport property can be used as part of the matching funds. Councilmember Matthews made a motion to approve a letter of intent resolution and $87.000 in matching funds for a grant from TDOT for improvements to the Huntsville Municipal AirporL and Councilmember Rex seconded the motion All were in favor and the motion passed unanimously. CONSIDER A CONTRACT WITH PINE BLUFF MISSIONARY BAPTIST CHURCH FOR SEWER AND WATER IMPROVEMENTS WITH LIEN Passed. MAYOR'S ACTIVITY REPORT 1. Mayor Green stated that there will be a delegation from our sister city Niiham Village coming to Huntsville the first part of August and host families are needed to provide housing for these visitors. He asked anyone interested to contact Steve Bullard at the University Hotel, or the City Secretary. 2. Consider an amendment to the tourism contract providing for the budgeting of the "Stand with Sam" paver donations on an annual basis. Mayor Green stated that the Chamber is continuing to sell pavers for the "Stand with Sam" project and do receive donations from time to time. An amendment to the contract to allow the Chamber to make recommendations as to how these funds are used is in the packet. A few corrections need to be made - 1) in the second paragraph, fifth line, a comma after the word tax, then insert "a recommended budget for funds generated by" ...; and 2) add a sentence to say "the funds not spent within the year will be accumulated and available for subsequent years request." Councilmember Luning made a motion to approve the amendment to the tourism contract with the changes listed, and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. 3. Development Code review status report. Mayor Green stated that a table of contents, a legislative history and a flow chart of the evolution of the Development Code revisions is being presented to each member to be added to the bound book. Discussion on the development code will take place at the next meeting. 4. GSU - Coalition of Cities meeting in Beaumont on July 17, 1995. Mayor Green stated that a meeting of the coalition of cities will take place in Beaumont on July 17, 1995 and the City Manager will attend and any Councilmember s who would like to attend are invited. CITY COUNCILMEMBER ACTION 1. Discuss the McDonald Creek drainage problem. Councilmember Davis stated that there is an ongoing problem at McDonald Creek as it drains through Spring Lake. This has been discussed several times over the past year and realizes that Council is hesitant to address this drainage problem since it does involve some private property. Councilmember Davis stated that during the driest part of the summer, he looked at the creek. There is no longer a creek bed, it has plateaued to the extent that water is flowing continuously through a number of back yards. He does feel the City needs to accept some responsibility in addressing this problem and should consider this during the budget process. Councilmember Carter stated that the area may be considered a "wet land" and would not like to see the vegetation destroyed. He does see the need for a balance between property interest and ecology. MEDIA INQUIRIES None. CITY COUNCIL MEETING OF JULY 11 19� 95 _ BOOK "R" 384 ADJOURNMENT Recess into a EXECUTIVE SESSION to discuss: • Real estate acquisition o£: *7th Street property; and *2.8 acre access easement to Elkins Lake by T.D.C.J. -I.D. Danna Welter, City Secretary