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MIN CC 04/14/1987City Council Meeting MINUTES OF APRIL 14, 1987 BOOK "0" PAGE d;1 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF APRIL, 1987 IN THE CITY OF HUNTSVILLE, COUNTY OF WALKED, TEXAS, CITY HALL BUILDING, LOCATED AT 1212 AVENUE M AT 6:45 P.M. The Council met in a regular session with the following members present: Jane Monday, Mayor 0. Eugene Barrett, At- large, Pos. 1 Ile G. Gaines, At- large, Pos. 2 Jim Carter, At- large, Pos. 3 William B. Green, At- large, Pos. 4 Bill Knotts, Ward 2 Percy Howard, Jr., Ward 3 Gary Bell, Ward 4 MEMBER ABSENT: Bill Hammock, Ward 1 City Officers Present: Gene Pipes, City Manager Ruth DeShaw, City Secretary Scott Bounds, City Attorney The meeting was called to order by the Honorable Jane Monday, Mayor. The invocation was presented by Council- member Percy Howard, Jr. CITIZEN INPUT /INQUIRY James Dix, 212 Normal Park -- 295 -4222 (speeding on Normal Park and need for turn signal at intersection with llth) Mr. Dix said his reason for being here is to comment the City upon the resurfacing of Normal Park. He said the city did an awfully nice job of it, but at the same time, speeders have increased along Normal Park -- speeders have increased considerably. He said where he lives there are many small children and he is afraid some of them are going to get hurt. Mr. Dix said his second reason for appearing here tonight concerns Normal Park anti llth Street and the need for left turn signals there. He said he isn't sure if the city has considered them or not, but if not, he wishes they would as we certainly do need those turning signals there. Mayor Monday thanked Mr. Dix for the compliment on the street paving job. The Mayor advised the city is concerned about the speeding problem on Normal Park. During the campaign period, she said she learned again of this problem and received suggestions for solutions to the situation which she has since turned over to the city staff for review. She told Mr. Dix she will ask the staff to have a response to this request in two weeks on both the peeding problem and the need for the left turn - signals. Councilmember Green supported the turning signal request by advising of his observations of that need. He then also asked the city to get with the State Department of Highways and Public Transportation to discuss that installation as soon as possible. FORMAL MEETING CONVENED Attending Citizens: Messers Max Threadgill and John Meadors, Old Houston Road residents, to present concerns about a mobile home subdivision planned for the area Mr. Threadgill addressed the Council indicating he represents the concerned citizens of Old Houston Road. He said the first time they heard about the proposed Meadowridge Subdivision was on a Friday evening when the sign was posted. He said the residents were all pretty much in shock. He said they attended the City Planning Commis- sion meeting the next Monday and talked to Ben Bius, the developer for the property. Mr. Threadgill said Mr. Bius advised him the property had been in development for about a year. Mr. Threadgill asked why Friday was the first time any of the residents knew about it. Mr. Bius said he was too busy pushing pencils and hiring engineers, etc. Mr. Threadgill said Mr. Bius remarked to a property owner out there last week that our property values are as low as they will ever be. Mr. Threadgill said he does not feel Mr. Bius is qualified to make that statement. Mr. Threadgill said Mr. Bius also said he is in full agreement with Mr. John Henry Neiderhofer about the problems that Mr. Neiderhofer is going to face -- drainage, erosion, etc. Mr. Threadgill said Mr. Bius is not in agreement with Mr. Neiderhofer and Mr. Neiderhofer is hopping mad about it because he in no way had any agreement or anything with Mr. Bius. Mr. Threadgill said right now he is looking at a parking lot and a body building gym right across the street from him on his end of the street that used to be woods and now everyone coming down Highway 75 South is looking over at our section of the street. He said now the other section of the street is going to be looking at mobile homes. He said they feel enough is enough and they are tired of the development. He said they really firmly believe that Huntsville needs some semblance of a zoning law. He said words are fine, but action needs to be taken and it needs to be taken now. Mr. John Meadors then addressed the Council as a representative of a majority of the residents in his neigh- borhood in opposition to the proposed development of the Meadowridge Mobile Home Subdivision. He said the majority of them have made the largest investment they will ever make in their lives in their homes. He said they are not looking to make a profit out of their homes but they just want to enjoy what they have. He said they want to pro- tect their neighborhood from those who want to come in, put down a few slabs of concrete, sell them for a profit and then move on to another project with little or no concern for how it is going to affect us. He said Mr. Bius advised him there will be very strict deed restrictions - -I believe most of us know deed restrictions don't help that much. Mr. Meadors said in 1983, the Hill'N Dale Subdivision tried to stop modular homes from being built that seemed to violate the subdivision and deed restrictions- -the citizens lost this case. They tried to get the deed restrictions enforced and spent about $5,000 trying to enforce deed restrictions. Again in 1983, Mr. Meadors said, at the Sandbrook Subdivision, the developers decided to put businesses and apartments at the entrance to that subdivision and they also built some duplexes where he promised only single family residences. Another concern of the Old Houston Road neighborhood, he said, is how the proposed mobile home subdivision will affect city services. He said right now their water pressure is fairly low and on a pretty regular basis, it turns a rust color - -will this extra usage cause it to stay a rust color? He said they do not have a solution to it but they have talked about it and came up with possible zoning,. He said he knows this is a touchy subject but they feel if the City had zoning, they as residents and homeowners would know what is going to be built in their neighbor- hood. He said the developers will also know what they can come in and do and it would save confrontations like this. He said he believes the City Council has been faced, within the last few years, with several cases basicall similar to this one. He said they appeal to each and everyone of the Councilmembers for their support and help in this matter. Mayor Monday advised Messers Threadgill and Meadors that she could certainly understand the situation. She said she is asking the staff to review again the entire situation to see, if anything, what can be done. She said we will either get back to them here (Council Meeting) or contact them directly. Councilmember Bell noted last year the City adopted the Development Code which addressed some of the more flagrant violations of incompatible land use. He said at the time a couple of us pointed out that the periphery was a problem as regulations generally protect the interior of the neighborhoods, but not the outside parameters. He said this case seems to be precisely in line with those concerns. He suggested that the Council look at per- formance zoning /subdivision ordinance and perhaps fine tune it so that we can come to grips with this problem of PAGE 872 BOOK "0" MINUTES OF APRIL 14, 1987 CITY COUNCIL MEETING ;what to do with people whose homes lie on the exterior lines of a subdivision or neighborhood. He said we will be faced with these kinds of problems on a recurring basis unless we do something. Be then recommended a work session for a possible "another look" at touching up the development code we adopted last summer. Mayor Monday said that is exactly what we will ask the Council to do . Councilmember Carter said he has been concerned for some time about neighborhood integrity and, in fact, has been involved in his own neighborhood with a problem of incompatible land uses. He said he also served on the Zoning Study Commission of the City. He said there is no question there is a periphery problem, and even with zoning, this problem may not be resolved. He said it is not always the periphery that is threatened and sometimes it is the interior. He said he does not feel deed restrictions will be adequate to protect neighborhoods and we will need something more than that. He also supported and emphasized the need for a work session to address the issues we have been facing over and over again here. He said he hopes we can finally offer to neighbors and home- owners a protection of their investment. Mayor Monday asked that the names and addresses of the concerned residents in the Old Houston Road area be obtained so that they can be notified of the work session that will be scheduled to study this issue. She then thanked Messes. Threadgill and Meadors for their appearance and for bringing the problem to the Council. Mr. T. J. Burdett, Recycling Center, to present a proposal for a new recycling center Mr. T. J. Burdett then addressed the Council. He said he deplores waste in all forms and he is not going to waste one minute of the Council's time if he can help it. He said he would reduce his presentation as much as possible at the risk of leaving things out. He encouraged the Council to ask him questions later toniiht or even later in the week. Mr. Burdett said he calls his plan a common sense solution to solid waste in Walker County. His written presentation is reproduced below: 'Government, industry, and individuals are throwing money away. Why should we continue to spend tax dollars to cover up valuable resources? It costs some municipalities as much as $50 a ton to dispose of their solid waste. There is an alternative. "First allow me to give a short history of our company. T. J. Burdett 6 Sons Recycling started six years ago. We started small, accepted only a few items, and we were open only 4 hours per day, 2 days a week. Our first year's gross sales totaled $7,000. Today, T. J. Burdett and Sons employs 9 people. We operate 5 locations and will handle over 1500 tons of material. Additionally, we will pay the general public and area businesses over half a million dollars in 1987. Most of this money will be spent several times in our area. Recycling works. Our business works and works well. "We at T. J. Burdett and Sons are not content to stop here. We have an objective, and our goal is now in sight. We believe that our objective fits perfectly with our city and county's concern over solid waste disposal (i.e., safe waste disposal at the lowest possible cost to the taxpayer). "Our objective at T. J. Burdett and Sons is to greatly increase the tonage we are currently handling. We want to recycle much more of what we call "cheap" materials. Specifically, all types of paper, light bailing scrap (i.e., white goods such as washers, refrigerators, etc.) as well as glass and plastic. Auto tires are also a possibility. "We are a recycling company as opposed to the classical "junk yard" and therefore automobile bodies are not in the offering. "Our goal is to form and operate the most modern, most efficient, cleanest, and safest recycling center in the world. Our goal is not unrealistic. We know our objective and have taken the first steps toward attaining it. "We have signed a contract to purchase the parcel of land just south of our landfill. This is the former Nash Construction warehouse, situated on 3 plus acres of land. 'The geographical location and current improvements lend itself well to our purposes. On this new site we can attain our goal of having the finest recycling center anywhere. This will greatly extend the life of our landfill. 'We do, however, need help. Material handling and reduction equipment is'costly. Many of our items have a low profit margin. If we are to be taxed on the actual value of our investment, the economic feasibility of our project is placed in question. "We feel a tax abatement or some other tax consideration is in order for the following reasons: 1. We bring money into our county from other areas. 2. We provide jobs for local residents. 3. We pay the general public for recyclables. Many of our customers are on fixed income or welfare. 4. We do not pollute. 5. We help clean up the environment. 6. We save tax money. 7. We will greatly extend the life of our landfill. "In June of this year we must finalize our real estate plan for this new site. We appreciate your con- sideration on behalf of our company and our community in this most earnest matter." Mr. Burdett said he has herein discussed that which he has control over. If tax abatement is granted, he said, then he can form this very modern and efficient recycling center. He said this then opens up a variety of options for the Council. He said last week he had Mr. Allen Stein along with Mr. Harold Mamroth of the Acco Waste Paper come in for consulting. He said after a review of this area, Mr. Stein (actively involved with a similar program in Austin) said a conservative estimate is we can generate directly through the city between $60,000 and $78,000 annually, using a program Austin has where the city designates a recycling day and citizens put on the curb their recyclable newspaper, cardboard and glass which is picked up then by city trucks that tax - payers have paid for, using labor already on the city payroll, traveling the routes the solid waste people travel anyway, and taking the material almost to the exact place, except instead of taking tax dollars to cover it up, we pay the City for the materials. Another option he personally favors is a system we now have with the all aluminum can which allows our citizens to recycle. He said the city can declare a particular day as recycling day and broadcast and inform the public where to put their material and exactly how to put it on the curbside. This is picked up by our citizens, he said, and they then take it directly to a strong regional recycling center where they are paid for it and this accomplishes the exact same purpose except our people get the money 'directly. He said he favors this option - -he knows it works as he works with these people every day and he is very familiar with our community. A third option, he said, stands a better chance of obtaining grant funds from the "Keep Texas Beautiful Committee," funds which Huntsville, as beautiful as it is, with a literacy rate we have should get more of this money. He said we simply need innovative ways to show Austin we are making great strides. MINUILS Ut APKiL 14, iJb/ buUn 1 1 1 Mr. Burdett said some of these innovative ways may easily take the form of enhancing more the very successful program of "Adopt a Highway." He said now the groups that adopt the highways get their name on signs and they get a good feeling from having cleaned up litter, but if they can sell that litter and actually generate monies for their organization, it would enhance this already successful program. He said if it works for Adopt a Highway, why would it not work for Adopt a Street or Adopt a Neighborhood. He thanked the Council for the time. Mayor Monday thanked Mr. Burdett and welcomed his innovative ideas. She encouraged Mr. Burdett to put the options he mentioned in writing and get them to our staff, Mr. Johnny Poteete, for his review and analysis. On the abatement question, Mayor Monday said, we have been talking for some time about needing to write down the parameters and guidelines on tax abatement, however, this has not yet been done. Mayor Monday said some of the criteria to be considered in our tax abatement package will include minimum of new jobs created, minimum amount of new construction, remodeling or new value added to the tax roll. She said we would probably want to look at the cumulative percentage on the tax roll that would be subject to abatement and we would probably only want to look at it for commercial projects. She noted, however, these are very broad guidelines. She said the city needs to begin to develop a certain policy on this. She said if Mr. Burdett is in a certain time frame, he should certainly let the Council know that too so that we can work to get our philosophy developed so that it will aid Mr. Burdett. Councilmember Bell noted we have a Solid Waste Committee meeting, coming up tomorrow and perhaps Mr. Burdett can relay this information to that committee. Mayor Monday noted the information can be available, but the agenda for that meeting is already posted. Councilmember Carter commended Mr. Burdett on this idea as he has a strong interest in doing something other than burying wastes as Mr. Burdett said, throwing money away and also throwing minerals and other resources away. Councilmember Carter suggested the City take a look at its salvage laws that stops any citizen from salvaging materials from the waste dump. He said Mr. Burdett's ideas about separating wastes would give incentives to do that to the citizens. He felt 100 years from now it will most likely be required by cities that this be done. He said he would prefer it be done by incentives, however. He said if the city does tax abatement, and this is still open to question with regard to any business in a community, then he would certainly like to see tax abate- ment done for positive purposes, such as environmental reclamation, historical preservation and such things as what Mr. Burdett is thinking about such as recycling or reclaiming solid waste. Councilmember Carter said he does have some fear of possibly creating a monopolistic practice if we enter into a particular agreement with a particular company, but again, all of these things can be worked out over time. He promised that as long as he is on the Council, we will continue to take into account the kinds of ideas Mr. Burdett just expressed. Mayor Monday closed then with a reminder that Mr. Burdett get his proposal (options) in writing to the staff. NOW CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve the minutes of the meeting of April 7, 1987 and Council- member Gaines seconded the motion. All were in favor and the motion passed unanimously. REVIEW OF ELKINS LAKE M.U.D. CONTRACTS Mayor Monday asked Mr. Scott Bounds, City Attorney, to give the Council a brief overview of the existing contracts the City has with Elkins Lake. Mr. Bounds updated the Council as follows: (Memo of January 27, 1987 to Council explaining relationship between the M.U.D. and the City). Mr. Bounds said for the benefit of the new members of Council, this relationship began approximately 1968 when the City passed a Resolution authorizing the M.U.D. to be created. Subsequent to that time, he said, the City had entered into three contracts with the M.U.D germane to municipal services: 1. Water Supply Agreement. This agreement ends August 1, 1989. It provides that the City will make water available to Elkins Lake based upon its institutional rate. 2. Wastewater Treatment Agreement. This contract accomplished the construction of the South Sewer Treatment Plant used to treat Elkins Lake sewage along with that generally within the city. This contract is a 40 year agreement and ends May of 2010. 3. Water /Sewer /Garbage Service Agreement. This agreement states the City will maintain the water sanitary sewer and garbage services for the M.U.D. on a contractual basis. The term continues as long as the City is operating for Elkins Lake. Recently, it was culminated approximately May of 1986, the City and the Elkins. Lake M.U.D. were in the process of renegotiating into a single document the relationship between the City and the M.U.D. for all of these services. He said there is a draft contract dated 5 -21 -86 that is available along with his notes that basically say what the negotiations were at that time. He said those negotiations failed to reach a conclusion with regard to the contracts in part because Elkins Lake was examining its own potential for doing a water system on its own by the 1989 expiration date, and more recently because the City granted a resolution to permit the incorpora- tion election within the territory known as Elkins Lake Subdivision. That resolution was passed, he said, in part because the Council recognized the relationship with the annexation issue was a contractual issue. Mr. Bounds then presented a Resolution withdrawing the City's consent for an incorporation election and he recommended the Council adopt this ordinance this evening so that the City can get on with the process of evaluating the pros and cons of annexation of Elkins Lake and how it might relate to the future of the City of Huntsville. The caption of this resolution is as follows: RESOLUTION NO. 87-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, WITHDRAWING ITS CONSENT TO THE INCORPORATION OF CERTAIN TERRITORY KNOWN AS ELKINS LAKE SUBDIVISION. Councilmember Barrett made the motion to adopt Resolution No. 87-3 and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. Mr. Gene Pipes, City Manager, advised the discussions that were dropped last year had reached the point that we were in general understanding of the nature and relationship of the Elkins Lake water distribution system and the City of Huntsville's water distribution system. In the ensuing year, Glenn Isbell, City Engineer and the utilities department have continued to study the overall City of Huntsville water system, Mr. Pipes said, which culminated in a very comprehensive and extensive report on the water and sewer system which indicated a substan- tial relationship between the Elkins Lake M.U.D. water and sewer system and the City's system. He said a general understanding of how those two systems interact has been the basis for our ongoing negotiations for some time. He said some of the assumptions we have made over a long period of time have been substantiated while others have PAGE 474 BOOK "0" MINUTES OF THE APRIL 14, 1987 CITY COUNCIL MEETING been reversed. In terms of the Council arriving at a general position in our situation with Elkins Lake as we go forward from here, in light of the recent election, in an effort to work toward a solution to all of our problems, Mr. Pipes said, the City will be continuing to research and analyze all of the information, preparing before mid - summer a rather comprehensive report on the situation of how all of the water behaves in the south end of town (overall distribution system) as we talk about capital construction projects, etc. He said the city has labored for approximately 19 years in the cooperative mode and we hope to be able to continue that cooperative and mutually supportive relationship with all concerned while at the same time being as factually accurate at all times as we possibly can be. He said a general report that can give us a good sound basis for ongoing discussions with Elkins Lake will be forthcoming in the next few months. CONSIDER PLANNING COMMISSION'S REQUEST Consider the request for information from Mr. J. D. Schindler, Planning Commission Chairman, concerning input from adjoining neighbors about proposed development Mr. Gene Pipes, City Manager, indicated Mr. J. D. Schindler, Chairman, Planning Commission, requested, I on April 7, 1987, guidance from the City Council 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 a lot or lots in that neighborhood. Mr. Pipes said his question was whether or not 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 so, to what extent. He also wished to know if the public notice is intended solely to allow property owners to receive advance notice of development proposals that impact their neighborhoods, Mr. Pipes said. Mr. Pipes said in researching the events leading up to Section 203.1 (d) of the Development Code regarding posting of the notice, he has found that it was originally intended merely to notify the adjoining property owners and those in the area that something (development) was about to happen so that if they did have a reaction, the Planning Commission would have the benefit of that insight. He said nothing was contemplated, and in fact, it was discussed at that time, that little could be done. He said this is almost the exact parallel of actions taken by various state commissions; i.e., the Water Commission, which requires a notice provision before they issue a permit so that at least everyone can be aware of what is being discussed and considered. He said if one complies with all the rules, then whatever input is brought is certainly heard and considered. He said, however, if in general com- pliance with the rules, then generally the permit is granted anyway. He said what has happened in the Old Houston Road area is exactly what the provision was intended to do, so the system works as far as giving notice and getting a response, but the question is then what do we do if all the rules are met (by the developer). He said the answer to Mr. Schlinder's letter 1s that the Commission must proceed with the work of the commission to process the developer's request if all of the rules and regulations are met. He said there is some effect in at least making the public aware, but at the same time, that does not change the rules. He said we are not able to function in a democratic vacuum where every decision on the use of property or every governmental decision, in fact, is subject to referendum. The Council was then advised if they would choose to reconsider the criteria outlined in Section 203.1 (d) of the Development Code, this is certainly their privilege. Mayor Monday asked Mr. Pipes to relay this information to Mr. Schlinder. CONSIDER SALE OF TIMBER Consider authorization for bids to be taken for the sale of pine timber off of the remaining landfill site and the potential use of about 35 remaining acres in the permitted site Mr. Pipes, City Manager, advised the Solid Waste Steering Committee would be meeting April 15 at 1:30 P.M. for anyone interested in sitting in on that meeting. He said part of the planned discussions tomorrow is the use of about 45 additional acres left in the remaining portion of the original landfill disposal permit issued by the State Health Department. He said this property lies along side the access of the runway of the Huntsville Municipal Airport and the north city limits line is on its north and on the south is the Hitchin Post Truck Stop and some frontal tracts that were sold several years ago by the City Council to finance the improvements at the airport. Mr. Pipes said Mr. T. J. Burdett's property (on which he has an option) for the recycling center adjoins this particular area. He said the City had envisioned limiting further use of the landfill to the area fill that is presently in operation and move, prior to going into this last remaining area under the original permit, to some other sort of disposal method. After over one year of discussions and analyses, we have determined the costs related to any other alterna- tive are such that, at the present time, either jointly or severable, the City cannot envision and neither can the County, moving ahead on the interim or short term basis to such a solution; therefore, he said, the use of this additional property has become critical to the ongoing discussions and decision on what we are going to do for the short run. Mr. Pipes said he brings this matter to the council, not only for the authorization to cut the timber to make way for the soil corings and analyses and surveying work in preparation for filing for the certification of this new area, but also to advise the Council that we didn't want to get too close, with this pit, to the airport since that is the front door to our community by air. He said in the same consideration, we do not want to get any closer to the interstate. Mr. Pipes said the 35 -45 acres under consideration would have a 100'to 300'buffer zone all around it (on airport side and on south side). He said this site is expected to be otherwise usable as a landfill site, pending the results of the soil analyses, tests, etc. Therefore, he said we are seeking your permission to bid out the sale of pine timber off the site and to generally test your attitude as to if the 35 acres should be our interim solution to our solid waste troubles or whether we should forego that and press on with something else. Mayor Monday noted her concern to keep the buffer between the new landfill pit and the airport and interstate and this is why we'll have 35 acres out of the 45 acres for landfilling. She said we are seeking this as a short term solution because it is envisioned. as a result of our ongoing discussions with Walker County, that this will be the interim solution chosen in our meeting tomorrow, She said this site is available to us and represents a less expensive interim facility and solution for us. She said if the corings prove favorable and the county joins us in this site. we are looking at a time frame of anvwhere from 7 to 11 years of landfilling there (outside para- meters) with the short side being anywhere from 5 to 9 years. She said there are still alot of data to bring in. She said it will Rive us enough time to get the pieces in place for eventual incineration with an industrial customer, She said the additional time will allow technology to improve and the economic situation. Councilmember Bell added that he would like to see a buffer added to the I -45 side of the landfill area with the planting of trees. Councilmember Barrett asked about the time table for incinerating branches and trees and bulky things that take up so much room in the landfill. Mayor Monday said the figures on that idea may be ready tomorrow. She said it has been our thinking all along that what we need is an air curtain destructor so that we could burn that trash. She said Mr. Poteete is acquiring numbers now to see if the amount of space we would save in the land- fill would offset the capital cost. She was hopeful this could.be done by the meeting tomorrow. She said in addition, landfill scales will help in assessing the proper charges for items now being dumped. Mr. Poteete said the last time we cleared trees from a pit site, we realized about $1,500 for the timber. Councilmember Carter agreed with the need for buffers all around the landfill area for the additional purpose of keeping windblown dust, dirt and debris from getting over to its neighbors. He also encouraged replanting over the completed areas. MINUTES OF APRIL 14, 1987 CITY COUNCIL MEETING BOOK "0" Page 8 / Mr. Pipes said grass is always planted over areas previously filled. He said the City has continued over the years, as permitted by the State Health Department, to overfill those areas with additional brush and trash so any plantings of seedlings or trees would have long been covered over again with trash because nonputrescible garbage can be buried over the old trench areas so that we can continue to maximize the available space. He said pine seedlings will survive only until the root system breaks through the two feet top cover, at which time they poison themselves. He said there is a certain period of time settling must take place before any deep tap root systems will be sustained. He said open parkland type things with grass work bent in the intermediate period. Councilmember Bell made the motion to authorize bids to be taken for the sale of pine timber off of the remaining landfill site and to approve the use of some 35 remaining acres in the permitted site for a new pit and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. CONSIDER WATER AND SEWER PROJECTS Consider a coordinated priority list and some $580,117 in capital improvements authorizations for water and sewer projects related to the scheduled street improvements, as previously discussed Mr. Pipes advised the staff has taken those streets that were planned in this year's street maintenance and reconstruction /capital improvements program to coordinate and project the cost for water and sewer for those streets. He said we had received earlier an authorization for cleaning and televising the various sewer lines in those streets so it could be determined with a high degree of exactness what the cost would be. He said we have extensive records and data on the various water line projects. With this information, we have projected a total of $580,117 will be needed for the water related improvements to provide fire protection, solve single feed problems and replace pre -1940 age lines. He said additional approval will be sought for sewer line renova- tion upon completion of the visual inspection. He then asked for approval to spend this amount in conjunction with the Street Department's paving program this year so that the Public Utilities Department can get the work done ahead of the street work. Mayor Monday clarified by saying the street improvements have already been approved and the sewer improve- ments have already been approved, so what we are looking at is the coordination of the water and sewer with the streets. Mr. Pipes advised the balance in this account is $678,648 in the reserve for future allocation. Councilmember Bill Knotts asked where there are sidewalks now if they would be replaced after this work is done. Mr. Pipes said they would not as that is not in the plan. Mr. Knotts asked why they would not be replaced. Mr. Poteete, Director of Public Works, advised there is no money in the capital street program for any widening, etc., but just strictly for overlays and /or reconstruction of existing facilities. He said there will be a 35% rebuild on the curbs and gutters on Avenue 0 where they are bad, but there is no sidewalk money available. Mr. Knotts said because of the shape of those walks, he would suggest they be taken out as they are dangerous. Gene Pipes, City Manager, said he will need a work session to decide what our policy will be on sidewalks. Mayor Monday noted she was planning to suggest that because of the neighborhood program being considered by HISD. She said the City may well need to evaluate sidewalks again and perhaps go into a joint participation of some kind with either citizens or groups. Mr. Pipes said it is much less expensive to put the sidewalks down while the street work is being done than to come back with the same crews later and put them back in there. He said, however, none of the figures the Council has worked with included sidewalks. The Council agreed to set up a work session to discuss the sidewalk issue. Councilmember Knotts said he would also like to see if GSU can do something with the power lines on Avenue 0. Councilmember Bell noted there will be streets at Spring Lake repaved in this program. He said there is also a fair amount of new water and sewer lines proposed for Spring Lake. He asked if he could publicly request that the city let the residents look at that so that they can make the trade -offs between additional fire protection and digging up their front yards. Councilmember Bell asked that the City work with the residents of Spring Lake before any dirt is turned. Mayor Monday then asked for a motion for approval of $580,117 in capital improvement authorizations for water and sewer projects related to the scheduled street improvements. Councilmember Green made the motion to Brant this authorization and Councilmember Howard seconded the motion. All were infavor and the motion passed unanimously. CITY MANAGER'S REPORT Sales Tax Report- -Gene Pipes Mr. Pipes advised that April collections are down 13.4Z from last year at this time and year -to -date, we are 6.3% behind in total. He said that estimated revenue short fall for the year, to date, is $155,920. He said if this trend continues, and we are behind virtually every reporting period, we will keep the Council informed. He noted this is a sizable shortfall and the Council needs to be aware of it. Orientation Day - -April 11, 1987 -- Municipal Court Computer System Mr. Pipes expressed his appreciation for the Council taking part in orientation day. He said yesterday the computer installations in the Municipal Court were completed. He said all traffic citations have been entered and 150 warrants and capias, totalling $11,175 were issued during the last ten day period. He said the court encourages all persons with outstanding warrants to contact the court immediately.. He said the officers assigned by the police chief will be working on these warrants along with all of the other outstanding warrants to see that they are dutifully and properly served and the individuals brought to justice as appropriate. He said persons receiving citations are also urged to appear at the court within the required ten day period. He said with the aid of the new computer, warrants will be issued on a more timely basis. He said there are numer- ous outstanding parking tickets. He said action will be taken in the immediate future on delinquent parking ticket violators, especially in the downtown area. He commended Pat Graham, Associate Judge, and Kay Morton for their diligent work in instituting the computer system. Walker County Appraisal District Request for Nomination Mr. Pipes advised the Walker County Appraisal District has requested that the City nominate someone to replace newly elected County Commissioner, Cecil Williams, on the Appraisal Review Board. Mr. Pipes said the HISD has the voting strength to virtually appoint that position. He said he will be meeting with Dr. Tacker, Superintendent of Schools, in this regard. MAYOR'S ACTIVITY REPORT Orientation Day- -April 11, 1987 -- Appreciation of Staff Mayor Monday extended her thanks to the members of the city staff who gave up their Saturday activities to help bring the Council and newly elected up -to -date on city operations. PAGE, 876 Book "0" MINUTES OF THE MEETING OF APRIL 14, 1987 Storage Room and Press Box at New Combination Field (Kate Barr Ross Park) Mr. Pipes advised that the Dixie Boys Baseball League is planning to build a storage room /press box at the new combination field on the lower end of Ross Park. He said it is a standard concrete block with a press block/ storage room type facility. He said it will be aesthetically pleasing. It is being built with their materials, he said, and the city will provide general assistance as needed. He said the city has been very careful that no one build anything on any public property or park without the Council being made aware of it. Batting Cages at Ballpark Mayor Monday asked Mr. Pipes about the status of the batting cages requested earlier by the League. Mr. Pipes said the staff discussed and analyzed the plans for the batting cages and because of the Council's general favorable reaction last week, we advised the League to go ahead with their plans. He said the League's operations started Saturday and the city did not want to hold up their activities. He said the staff gave the go ahead thinking the Council would concur. Mr. Pipes said the plans are satisfactory with the city staff. Audit Committee Appointments Mayor Monday then made the following appointments to the audit committee for 1987 -1988: Councilmember Green as Chairman, and members being Councilmember° Gaines, Knott°, Carter. Mayor Monday said she will serve on this committee as well. Personnel Committee Appointments Mayor Monday then appointed Councilmember Percy Howard, Jr. as Chairman of the Personnel Committee and assigned Councilmembers Bell, Hammock and Barrett serve as committee members. Mayor Monday said she will also serve on this committee. Mayor Monday asked for the Council's approval of the appointments to the Audit and Personnel committees. Councilmember Barrett made the motion to approve those assignments and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. Elkins Lake Committee Mayor Monday then appointed Councilmember° Bell, Barrett and Knotts to serve with her on this committee. Solid Waste Committee Mayor Monday appointed Councilmembers Bell, Gaines and Green to serve with her on this committee. Fire Committee Mayor Monday appointed Councilmembera Howard, Carter and Hammock to serve with her on this committee. The Mayor advised that she is serving on all committees because of a charter requirement that she serve on all committees. She then asked for approval of these various appointments. Councilmember Knotts made the motion to approve of all of these appointments (Elkins Lake, Solid Waste and Fire Committees) and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. Huntsville Housing Authority Appointment Mayor Monday then recommended the appointment of Dr. John Holcombe to serve out the unexpired term of Dr. James Carter, who was recently elected to the City Council. Councilmember Green made the motion to approve of this appointment and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. H -GAC General Body Membership Appointment (Alternate) Mayor Monday submitted the name of Councilmember Jim Carter to serve as an alternate to the H -GAC General Body Membership, replacing Councilmember Stephen E. Davis who resigned on February 23, 1987. Councilmember Green made the motion to approve of the appointment of Councilmember Jim Carter as H -GAC Alternate and Council- member Knotts seconded the motion. (Note: Councilmember Percy Howard, Jr. is serving as the City's Delegate. All were in favor and it passed unanimously. Tourism Commission Appointments Mayor Monday advised the Council that in connection with the recent proposal for a hotel- conference /conven- tion complex, a tourism commission is to be formed to begin the negotiation process for working out the details on how that commission would interrelate with the city and other entities in Huntsville. She said the commission is envisioned to have five members on it, one appointed by the Chamber of Commerce, one by the developers and three appointed by the City. She said they would serve as the Charter Commission to begin negotiations and form the corporation that would be evolved as the Tourism Commission. She then suggested three members for appoint- ment to this Commission, as follows: Bill Nash, Bill Hodges and Peggy McAdams. Councilmember Barrett made the motion to approve of these appointments and Councilmember Carter seconded the motion. Discussion: Council- member Carter said he would like for it to be clarified that the Council 1s not taking any action in favor of the Commission being formed, or for money to be spent, and that we have not agreed to anything but are rather just creating a Charter Commission to begin negotiations. All were in favor and the motion passed unanimously. COUNCIL ACTION Repainting /Repair /Replacement -- Municipal Justice Center. Councilmember Knotts noted in the tour of the police facility on orientation day, he could not help but notice the need for improvements in the building. He asked that the city acquire cost estimates to repaint, replace chairs, clean the carpet, etc. He felt the building was in need of sprucing up. Councilmember Gaines concurred. Chamber Listing of Local Businesses. Councilmember Gaines passed out a published booklet listing all of the businesses in Huntsville that are members of the Chamber. She felt the Council should be aware of all of these businesses so that when a question comes up as to whether or not a bid is local that is being con- sidered by the Council, the Council can be somewhat more aware in advance of who may or may not be local. Although it was noted the listing contains only those businesses that are members of the Chamber so it is not all- inclusive. » MINUTES OF APRIL 14, 1987 BOOK "0" PAGE 8 17th Street Drainage Area Problem: Councilmember Green said he brought this problem to the Council's attention some time ago. He said he has recently ben contacted again by the same concerned individuals who feel the City has not followed through with remedies, at least not to their liking. He asked the City Manager if the City can send someone out to look at that place again. Mr. Pipes assured him we could. He said there are no drainage easments in that area as it is in the middle of a block and access to it 1s difficult especially for any equipment sufficient to do any work. He said it is a private property type situation. Mr. Pipes said the City is underway with a plan to try to acquire drainage right -of -way for green space and for drainage work along the Town Branch System. This is simply another branch that we have not surveyed to find out what we can do. He said he would review what has transpired so far and get back to Council- member Green to advise of the current circumstances. Stop Sign on Corner of Eastham and Willow Bend: Councilmember Green said this particular stop sign is in need of defoliating as it is not always possible to see it for the new spring growth, especially if one is traveling east. Fraternity House Situation at I -45 Feeder Road and 22nd Street: Councilmember Bell indicated there was an article in the Houstonian newspaper today about this situation. He asked the City Manager for any informa- tion he may have on this. Mr. Pipes said the City Attorney has done extensive research on the deed restric- tions on that particular piece of property on Normal Park and 22nd Street (corner). He said that particu- lar deed, and a substantial number of lots in that subdivision, were individually deed restricted and the language is inconsistent between them. For instance, he said, the property next door has been leased to a local security company. The restriction is only to a residential dwelling and does not specify the number of people or whether it can be a co- habitation situation, multiple congregate housing, etc., he said. In terms of enforcement, there is no mechanism by which to do anything, he said; he cannot speak for Mr. Bounds in his absence, but this is his recollection. He said this is an extremely isolated situation in that the deed restrictions are vague and very general as far as dwelling requirement and there is no enforcement mechanism available to press on the congregate living condition there at that house. Mayor Monday asked that Mr. Bounds bring the Council up -to -date on this matter when he returns. Councilmember Knotts asked that the parking around this house be enforced. Orientation Day Appreciation & Rep. Hike McKinney's Visit Councilmember Carter also thanked the staff for the very informative day on Saturday, April 11. Also, Councilmember Carter announced that Representative Mike McKinney, who is a member of the House Appropriations Committee, will be having lunch at Sam Houston State University on April 24. He asked those interested to attend this lunch since we are attempting to assist Sam Houston as one of our major industries to maintain its budget. He said Paula Burks has additional information or Donald Coera can offer more background on this. Last Block on 10th Street Councilmember Howard reported there are two house trailers in this area that are without utilities and they are inhabited. He asked the city to check on that situation. MEDIA INQUIRIES After some questions for clarification, the meeting was then adjourned. ,fully submitted Ruth DeShaw, City Sec April 14, 1987 ary