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MIN CC 04/07/19871 MINUTES OF THE buNTSVILLE CITY COUNCIL MINTING 0 FSAI*BII'7 '1987 MELD IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALED, AT 6:45 P.M. The Council met in regular session with the following where present: Jane Monday, Mayor 0. Eugene Barrett Ila G. Gaines William B. Green" Jerry Dowling (outgoing Ward 2 Coun=llmember) Percy Howard, Jr. Gary Bell Newly Elected: Jim Carter, Pos. 3 at -large (replaces Steve Davis)* William L. Hammock, Ward 1 (replaces Dick Wharton) ** Bill Knott'', Ward 2 (replaces Jerry Dowling) City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney Ruth DeShaw, City Secretary +Resigned February 23, 1987 (moved outside city) * *Resigned March 3, 1987 (business travel requirements) Rushing Mr. Rushing said he is here representing the Huntsville Soya Baseball Association (12 years and under) to seek the Council's permission to build some batting cages at Kate Barr Ross Park to enable the kids to learn how to bat the ball a little better. He presented a sketch shoving where the two betting cages would be built {14' wide, 70' long) which will cost about 11,300 to be paid for by the League. He said the members of this association also intend to do the work connected with their installation. He said he is simply asking for the Council's approval for construction. Mayor Monday asked for a description in • little more detail of what would be involved and get that to the staff for review. The staff will then get back with us with this information for =revaluation, Mayor Monday said. She said this is probably something we really need out there. Mr. Rushin- maid his time table is immediately. Mayor Monday asked Mr. Rushing to get with Johnny Poteete at soon as possible. Mr. Rushing said the batting cages envisioned will be built out of 2} inch pipe with a simple frame some 12 feet high with a black batting cage net which drops down over the cage and is anchored to the ground. He said it will not look trashy. CITIZEN INPUT FORMAL MEETING Mayor Monday then called the formal session to order. Councilmember Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve the minutes of March 24, 1987 and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CITY OFFICERS ELECTION RESULTS Preaantation and canvass of the results of the city officers election of APRIL 4, 1987 —Ruth DeShaw, City Secy. The City Secretary then presented the Mayor with the official results ofthe April 4, 1987 election for each precinct and a tabulation of the unofficial results of that election as compiled after the polls closed. She asked the Mayor and Council to review the results submitted by each election presiding judge as tabulated on the unofficial summary sheets. The Council then reviewed all precinct returns and the absentee returns and found them accurately reported on the summary sheet. The official results are reported below: TOTAL WARD ONE VOTES CAST: 481 (321 of Total) POSITION /CANDIDATE For Mayor Jane Monday Write -ins For Position 3 Diane Love Jim Carter Write -ins For Ward One William L. Hammock Dave Falknor Write -ins Abs. * (2) Pct. 102 ( %) Pct. 201 *(Not reported by ward or precinct - -see results at end) 32 74% 11 26% 0 0% 247 952 14 52 155 532 138 47% O 0% 213 762 65 232 1 12 160 8 91 86 z 100 71 1 (Z) 95% 5% Total (2) 51% 482 12 582 41% 12 407 95% 22 5Z 246 522 224 47% O 11 345 70% 147 302 2 02 TOTAL WARD TWO VOTES CAST: 230 (152 of Total) POSITION /CANDIDATE For Mayor Jane Monday Write -ins For Position 3 Diane Lowe Jim Carter Write -ins For Ward Two Bill Knotts Write -ins Abs. (2) Pct. 101 (Z) Pct. 17 100% o . 0% 58 92% 5 8% 29 47 0 38Z 622 02 56 972 2 32 202 (Z) Total (2) 132 96% 190 95% 6 4% 11 5% 74 501 75 502 0 02 103 462 122 542 O 02 130 982 203 98% 2 22 4 22 TOTAL WARD THREE VOTES CAST: 226 (15% of Total) POSITION / CAND1DATE For Mayor Jane Monday Write -ins Abs. (2) Pct. 105 (2) Pct. 301 (2) Total ( %) 71 100% O 0% 130 96% 5 (WARD THREE RESULTS CONTINUED NEXT PAGE 4% 201 98% 5 2% WARD THREE ELECTION RESULTS CONTINUED: POSITION /CANDIDATE Abs. (I) Pct. 105 (2) Pct. 301 (Z) Total (Z) For Position 3 Diane Love 34 452 67 522 101 492 Jim Carter 41 552 62 472 103 50Z Write -ins 0 0% 1 12 1 1I For Ward Three Percy Howard, Jr. 10 1002 70 1002 124 982 204 992 Write -ins 0 0 0 0 3 2% 3 12 TOTAL WARD FOUR VOTES CAST: 432 (282 of Total) POSITION /CANDIDATE Abs. (2) Pct. 206 (2) Pct. 306 (2) Pct. 401 (I) Total (Z) For Mayor Jane Monday 193 982 18 100% 157 942 368 972 Write -ins 3 22 0 02 10 6% 13 3% For Position 3 Diane Lowe 97 462 6 30% 83 46% 186 452 Jim Carter 112 54% 14 70% 95 53% 221 542 Write -ins 0 0% 0 02 2 1% 2 12 For Ward Four Gary Bell 41 752 167 752 14 672 131 71% 353 732 Alice Ellisor 14 25% 55 252 7 332 53 29% 129 272 Write -ins 0 0% 0 0% 0 02 0 0% 0 02 SUMMARY OF AT -LARGE RACES ALL PRECINCTS (2) ABSENTEE (%) Total (I) For Mayor Jane Monday 1166 96% 121 982 1287 96% Write -ins 51 4% 2 22 53 4% For Position 3 Diane Lowe 636 492 63 472 699 482 Jim Carter 670 51% 71 532 741 512 Write -ins 5 02 0 02 5 1% TOTAL VOTERS CASTING BALLOTS IN THIS ELECTION: 1,510. TOTAL REGISTERED IN CITY: 7882; I WHO VOTED: 19% TOTAL VOTERS CASTING ABSENTEE (ALL WARDS): 141 Z OF ALL VOTERS VOTING CITYWIDE: 9% ELECTION PLACE AND PRECINCT NUMBER NUMBER VOTING Z OF TOTAL VOTING THIS ELECTION Fire Station No. 2 101 80 52 Courthouse 102 301 20% at Baptist Church on 10th 105 80 52 oliday Inn 201 180 122 at Presbyterian Church 202 150 10Z ucation Service Center 206 224 15% rtin Luther King Nbr. Cnt. 301 146 102 Faith Memorial Baptist Church 306 21 22 Walker County Appraisal Office 401 187 122 Absentee Box - -City Hall 141 9% BALLOT SERIAL NUMBERS NUMBER DISTRIBUTION OF SAME SPECIAL BALLOT SERIALS Ward 1: 0002 -0150 149 Absentee Balloting Ward 2: 1002 -1100 99 Absentee Balloting Ward 3: 2002 -2100 99 Absentee Balloting Ward 4: 3002 -3150 149 Absentee Balloting Ward 1: 0151 -0625 475 Pct. 102 Ward 1: 0625 -1000 375 Pct. 201 Ward 2: 1101 -1400 300 Pct. 101 Ward 2: 1401 -2000 600 Pct. 202 Ward 3: 2101 -2500 400 Pct. 105 Ward 3: 2501 -3000 500 Pct. 301 Ward 4: 3151 -3550 400 Pct. 206 Ward 4: 3351- 3940 390 Pct. 401 Ward 4: 3941 -4000 60 Pct. 306 Ward 1: 0001 Ward 2: 1001 Ward 3: 2001 Ward 4: 3001 CONSIDER RESOLUTION Consider Resolution No. 87 -2 certifying the results of the election Mayor Monday then presented the following resolution vhich accepts the results as presented above: RESOLUTION 87 -2 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 4TH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FIVE COUNCILNEMBERS, ONE FROM AT -LARGE POSITION 3, AND ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE. AND FOUR; DECLARING THE RESULTS OF SAID ELEC- TION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCOR- DANCE WITH THE LAWS OF THE STATE. Councilmember Dowling made the motion to adopt Resolution No. 87 -2 as captioned above which accepts the results as noted and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. OATHS OF OFFICE The City Secretary, Ruth DeSbaw, then administered the Oath of Office to the newly elected. L SEAT And now for greetings, seating elected Councilmambere and election of Mayor Pro- ter -Mayor Jane Monday Mayor Monday then welcomed the newly •leered and the re- elected to the meeting. Councilmember Bill Hammock introduced his wife, Juanita; Councilmember Bill gnotte introduced his wife, Muriel; Councilmember Gary Bell oduced his campaign manager and wife, Marilyn and -his three little campaigners, Ryan, Erin and Lorin; Councilmember Percy Howard, Jr. introduced his wife, Alice and she introduced her daughter, two grandchildren and • friend, Beverly. Mayor Monday extended her congratulations to them all and welcomed them aboard. Councilmember Gary Bell then nominated, by acclamation as-Mayor Pro tem, Councilmember Percy Howard, Jr. and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Mayor Monday congratulated Mayor Pro -tem Howard for this new title. Mayor Pro tem Howard noted he has enjoyed serving ae councilmember from ward three and looks forward to continuing in that role and to represent the city as Mayor pro tem. He noted he will continue to work on those problems that hurt all of us. CONSIDER AGREEMENTS Consider an agreement for the 1987 summer baseball program with the Huntsville Dixie Boys and Huntsville Girls Softball Association Gene Pipes, City Manager, recommended approval of this agreement for 1987 for a summer youth league baseball program for all boys ages thirteen- fourteen and for • summer youth league softball program for all girls ages five through eighteen. Councilmember Barrett made the motion to approve of this agreement and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. Consider an agreement for the 1987 summer baseball program with the Huntsville Youth Baseball Association Gene Pipes, City Manager, recommended approval of this agreement for 1987 for • summer youth league baseball program for ■11 boys ages five to twelve. Councilmember Barrett made the motion to approve of this contract and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. Consider an agreement for orchestra support with the Huntsville Youth Orchestra in the amount of ;2,500 to be paid from Arts Commission funds, as budgeted The City Manager then presented this agreement which would provide an opportunity for young, school -age musicians, particularly string players. to rehearse and play orchestral music weekly in the SHSU Recital Hall for 1i hours; to conduct section rehearsals weekly; and to provide special programming for the general public, for the elderly and for school children. It further provides for the hiring of • conductor, Mr. Bengiee Shin, to conduct the orchestra including weekly rehearsals; to recruit and retain orchestra members; to supervise section leaders in weekly meetings; to choose and obtain all music for members; and to act as liaaion between the orches- nd parents, Mr. Pipes reported. Mr. Pipes noted that although he can approve budgeted contracts without Council approval, he felt it would be good to list it on the agenda in this case to give the new councilmembers information concerning this parti- cular program. He said the funds are derived from the hotel -motel tax, allocated to the Arts Commission. Con- tracts are awarded annually for the use of these funds through the Arts Commission. Councilmember Gaines made the motion to approve of this agreement and Councilmember bell seconded the motion All were in favor and the motion passed unanimously. Councilmember Barrett noted this is the only youth orchestra between here and Dallas. Mayor Monday said it has been fascinating to watch the Arts Commission provide seed money for programs and then to watch them grow and this is an example. She said the number involved in this orchestra has about tripled, ■o obviously it 1s growing and making a place for itself. She said this is exactly the goal of the Arts Commission. CONSIDER AIR COMPRESSOR Consider bid 87 -23 for a diesel powered portable air compressor to U- Rent -M in the amount of 89,149.43 to be paid from budgeted funds The City Manager, Gene Pipes, presented the staff's recommendation to accept the low bid meeting specifi- cations for a diesel powered portable air compressor for the water and sever department. He said the air compressor will be used by water, sever and the capital projects divisions. The Council vas advised funds were approved as part of the mid -year budget adjustments in the amount of 812,000 in account 22 -63 -6902. He said the ;12,000 was approved for the purchase of an sir compressor and air hammer. Mr. Pipes noted the air hammer has already been purchased in the amount of 81,359 and this leaves a balance of 810,461 for the air compressor. Councilmember Howard made the motion to approve of the low bid of U- Rent -M in the amount of ;9,149.43 and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. CONSIDER WATER METERS Consider bid 87 -26 for annual purchase contract of water meters to Badger Meter. Inc., as low bid The Council then received the recommendation of the staff to accept the low bid meeting specifications fro. Badger Meter, Inc. for the annual contract for the purchase of cold water meters. Mr. Pipes said two bids were received from Badger Meter and Rockwell International Corporation. He said Neptune Water Meter Company did not submit a bid. He said the meters will be purchased on an as needed basis with funds coming from budgeted funds. The bid tabulation showed the costs for the five different nixes of cold -water meter -- displacement types; turbine type class II; compound types; and the strainers for turbine and compound meters as received on April 1. 1987. Councilmember Green made the motion to approve bid No. 87 -26 opened on April 1, 1987 from badger Meter. Inc. and Councilmember Knotty seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT Saturday- -April 11-- Orientation Day Schedule Gene Pipes then presented the agenda for the day long orientation set for Saturday, April 11. Mr. Pipes oted additional discussions could be scheduled on Elkins Lake issues, but the Saturday schedule 1s already so ull that he would prefer delaying those discussions for a work session after a formal session on a Tuesday ight. ,3 Mr. Piper. said the orientation will also serve as • refresher for the other councilaembera. He said time viii be taken out of the day to attend the Dixie League Baseball opening day ceremonies around 10:30 A.M. MAYOR'S ACTIVITY REPORT Council Committees Mayor Monday said she rill be organizing the various city council committees (audit and personnel) and would like to know the Councilmembers preferences, if any. Planning Commission and Housing Authority Vacancies Mayor Monday noted with the election of Jim Carter, we have a vacancy on the Huntsville Rousing Authority and she asked the Council for their suggestions on a new member for that body. She also advised with the election of 8111 Knott,. there 1s a vacancy on the Planning Commission and the Council should feel free to recommend someone to fill that vacancy as yell. Request of Brian Woodward in last meeting Mayor Monday said she indicated last week that we would get back with Brian Woodyard this week to respond to his question. She said he is not here this evening, but she did want to get back to him to simply say that the question he had that evening seemed to be a question involving Dr. Bell and his campaign literature and so she would refer him to Dr. 8e11 for any personal inquiry he might have with that. Planning Commission Letter - -J. D. Schindler -- germane to public notice of proposed development (April 7, 1987) Mayor Monday then read aloud a letter from the Chairman of the Planning Commission, asking the Council for guidance germane to the intent of Section 203.1 (d) of the Development Code, which requires that public notice be posted in neighborhoods indicating proposed development plans for • lot or lots in that neighborhood. He asked if the notice is for the purpose of allowing the opinions of adjacent property owners to have some legal input on the decision of the Commission, and if ao, to what extent. He asked if the public notice is intended solely to allow property owners to receive advance notice of development proposals that impact their neighborhood. He noted recently, the Commission heard the concerns of some residents of just such a neighborhood, but needs guidance as to what they can do other than be sympathetic to those concerns. Mayor Monday said she is delighted to have received this letter from Mr. Schindler. She said she is going to instruct staff to look at this to see what the legal recourse on this could be and analyze it with the code and give the Council an opinion as to how they feel it was proposed to be written. She said she would suggest this then would be placed on a work session agenda. She said with the Council's consensus, she would propose this as the mode of operation to resolve this question. Mayor Monday asked Mr. Pipes to advise Mr. Schlinder of this plan. COUNCIL ACTION Incompatible Land Use Problems Councilmember Bell noted he 1s concerned about the issue raised by Mr. Schlinder in his letter. He said he has also received several phone calls last night advising of yet another in a long series of incompatible land use problems out in Ward 4 of which he is concerned. He commented that this recent election has shown perhaps, in his re- election, that it is a referendum on the issue raised in the campaigning about protecting the neighborhoods. He said the Mayor and Council and himself have detected a very strong sentiment, at least in Ward 4, for maximum neighborhood protection. Be encouraged the Council to give some serious thought about _. possibly enhancing our development code and looking at how we might further protect, especially the people o the periphery of the areas that have deed restictions but have no other protection. TML Region 14 Meeting- -March 19, 1987 Councilmember Percy Howard, Jr. reported on his recent meeting of the members of TML Region 14 in Houston. He said the speaker was Florence Shapiro from the City of Plano (Councilmember). The main focus of her presentation was to encourage members to become more interested in what is going on in the Texas Legisla- ture. He said there are several thousand bills before the Legislature and many will have a dramatic impact upon the ability of cities to govern. Be said the tort bill and the open meeting bill seemed to have everyone's attention. He said all cities will be competing for the lessening funds available from the state. He said the point was made that the cities needed to combine forces in order to have a little clout vith the legislature He said the present national administration 1s trying to make cities a source of revenue and is drawing support in some of the strategic areas. He said this is a real concern. The speaker suggested we all become familiar with the following bills, Mr. Howard said: Senate Bills House Bills 282 564 288 566 289 563 290 561 15 37 In discussing the economy, Mr. Howard said, there 1s the feeling that the federal government will be putting money into this area with the Super Collider (atom splitter). Mrs. Shapiro noted to the group. he said, that the fewer cities that make application to acquire the site for the Super Collider, the more likely we'll have a chance. He said Dallas, Fort Worth and Conroe have made application for the Super Collider site. He said it is hoped that some of the money will come our way if the site is chosen in Texas. Economic Development -- Agencies Interviewed- -Jane Monday Mayor Monday noted, in this regard, that she spent Monday in Houston interviewing several different agenci trying to get • regional focus on economic development. She said she visited with Mr. Russo in Houston and the activities in which be is involved, representatives of EDC of Houston and the Small Business Administration people. She said she plans to continue to do some of this to try to get a handle on what exactly is happening in the region. She said she will keep the Council abreast of her findings. (next page for media inquiries) Aker Vs. City of Huntsville Lawsuit Mr. J. D. Dickenson of UNX: "Mr. Bounds, we discussed this a little bit earlier, butl understand there has been a ruling from Judge Lynn Hughes on the Aker Case and officially, I think you told me that you -were • part of that suit, but I don't know that the part I understand was ruled on involves you —it involved the subdivision end of it. Do you have any knowledge of that? I understand it was issued • week or so ago." Mr. Scott Bounds, City Attorney, advised: "I would like to take this opportunity to cover a couple of items for the Council. I guess we'll get back to that. I'll advise Council I'll probably be getting back to you quite soon. In the first matter- -about late last night, I vas contacted by our attorney that represents us in the Aker Vs. City of Huntsville lawsuit that has been filed in federal court in Houston and she indicated at that time that she had received a note from her secretary that indicated some action had been taken by the federal court judge in the pending jurisdiction matter /subdivision matter of the Aker vs. City of Huntsville civil rights lawsuit. I spoke to her later this afternoon and at that time she had secured a copy of the order and vas copying it to send it to us, but I was unable to...she couldn't find it amongst the papers, so I still do not know what the exact context of the order is. Quite frankly, I'm surprised by the action of the court, because the City had not opposed the motion for partial summary judgement presented for Mr. Aker because, it was my understanding that no submission date had yet been set fora hearing on the order and the City was in the process of preparing a response when this order was rendered. I have asked Ms. Marshall to proceed with filing the appropriate responses and I've also asked that we schedule a meeting between her and City Council as soon as ve can for her to update the City Council on the status of that litigation." Schaper Vs. City of Huntsville Lawsuit Mr. Bounds also then reported: "I would also simply like to advise City Council that, I believe it was yesterday, I had talked to Jim McCart, our attorney in the Schaper Vs. City of Huntsville lawsuit, and in dis- cussing some of the administrative details of that, I suggested that he call the clerk's office in New Orleans so that they would notify us when they rendered an opinion in that lawsuit. He did and he called me back to say that not only did they tell him that they would call him, that they were, in fact, sending the opinion out at that time. And so, all I know about that particular opinion is that the clerk had said it was a 21 page opinion. We are reasonably optimistic that the City will be granted some relief by that opinion, but I don't have a copy of it. Hopefully, we will get a copy in the mail tomorrow. It will be necessary to convene City Council to discuss the impact of that decision with respect to that litigation. So those are things that you might be reading about in the newspaper tomorrow or the next day. As soon as we can determine what the status of those matters are, we will get back to City Council and advise Council appropriately." ADJOURNMENT ctfully su mitted$ w, City SaEret y April 7, 1987 1