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MIN CC 08/11/1987Wrr = .OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 11TH RAT OF AUGUST, 1987 IN THE CITY HALL COUNCIL CSAMHENS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:30 P.M. The Council met in regular session with the following members present: r'! iJ Jane Monday, Mayor 0. Eugene Barrett Jim Carter Ile G. Gaines William B. Green William L. Hammock Percy Howard, Jr. Bill Knotty Member absent: Gary Bell City Officers present: Gene Pipes, City Manager Scott Bounds, City Attorney Ruth DeShaw, City Secretary EXECUTIVE SESSION Mayor Monday called the formal session open and then recessed into Executive Session to discuss the follow - L g pending litigation: Schaper V. City, and Acker V. City. CITIZEN LNPUT /INQUIRY SESSION The Council returned from Executive Session to open the citizen input /inquiry session. One citizen was registered to speak, as follows: Patty Hines, President of the Huntsville Jaycees Ms. Hines advised the Council the Jaycees are having a "dog dip" on Saturday, August 15 to raise funds for tee Rita B. Huff Humane Society. She said the }coal is to raise 1350 by dipping 70 dogs. She encouraged the Council and their friends to bring their doge to the Wal -Mart Parking Lot on Saturday from 9:00 A.M. until 6:00 P.Y. She said the Humane Society needs financial assistance for the outside runs at the Shelter. She also advised that September 7 is Labor Day and the Jaycees will be holding their Labor Day rest stop ac Galloway's E:000n September 4-7, beginning at 6:00 P.M. on Friday until 6:00 P.M. on Monday. Patty Hines also reminded the Council of the "haunted house" sponsored by the Jaycees each Halloween. She said her organization is currently looking for an appropriate site for this year's haunted house and asked the Council for their ideas. Ma. Hines then thanked Mayor Monday for making the bond issue presentation before her organization, noting as very helpful in assisting her members to vote intelligently. REGULAR SESSION Mayor Monday then convened the Council in formal session again. The invocation was presented by Pastor ohn Gastin of the First Assembly of God Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING OF JULY 14, 1987 Councilmember Barrett made the motion to approve the minutes of July 14, 1987 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. RECEIVE AND CANVASS THE RESULTS OF THE AUGUST 8, 1987 SPECIAL ELECTION The Council then reviewed the returns from all nine election voting precincts throughout the city as 11 as the absentee voting box. The results of that canvassing showed the following tabulation: roposition The August 8, 1987 City Bond and Additional Sales and Use Tax Election Results . 1: The issuance 84.5 million street improvement and related drainage bonds Ballots cast by City Precincts For /Against Absentee 101 102 105 201 202 206 301 306 401 Tota For 109 47 174 18 133 78 96 72 9 84 820 Against • • • • 41 9 64 16 37 27 36 34 7 37 308 %._. 2: The adoption of additional 1/2 of (i2) local sales a. d use tax to be used to reduce property tax rate For 132 46 209 23 150 94 112 85 11 100 962 Against . . 20 9 29 10 19 12 21 20 5 22 167 passed 732 yes to 272 no; and Proposition 2 passed 851 yes and 152 no. TOTAL VOTERS VOTING: 1,137 TOTAL REGISTERED: 7,965 whit is a 142 turnout Breakdown of the number of voters voting in each of the election precincts: Election Precinct Number 101 102 105 201 202 206 301 306 Ballots Cast 2 of Total Polling Place Location 57 5 Fire Station No. 2, Sam Houston Avenue 238 21 Welker County Courthouse—District Courtroom 34 3 First Baptist Church on 10th Street 170 15 - Holiday Ism 106 ! First Presbyterian Church 133 12 &duration Service Center. legion VI 107 10 Martin Lather ling Neighborhood Center 16 1 Faith Memorial Mexican Baptist Church :ei ,e - - 11 .i9V MEETING • Absentee Absentee Absentee 101 102 -- 105 - 201 202 206 301 306 401 etr is noted for the record, ia follow: Number of Ea2lots Serial lumber 99 50 50 450 550 300 500 500 450 499 100 450 0002 -0100 3501 -3550 1401 -1450 0101 -0550 0551 -1100 1101 -1400 1451 -1950 1951 -2450 - 2451 -2900 2901-3400 (No. 3134 not printed) 3401 -3500 3551 -4000 Serial No. 0001 retained as a "specimen" ballot in the original ordinance files of the City as required by law. After the Council completed its official canvass of the results, Councilmember Green made the motion to accept the results as presented and Countilmember Barrett seconded the motion. All were in--favor and the motion passed unanimously. CONSIDER ORDINANCES CERTIFYING THE RESULTS OF THE ELECTIO The Mayor then presented the first ordinance, Ordinance No. 87 -15, -- the caption of which is as follows: ORDINANCE N0. 87 -15 AN ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION ON THE ISSUANCE OF 84.500,000 STREET IMPROVEMENT AND RELATED DRAINAGE BONDS (820 votes for and 308 votes against -- passed by a margin of 512) Councilmember Green made the motion to adopt Ordinance No. 87 -15 and Councilmember Howard seconded the motion (NOTE: Councilmember Bell is absent). All were in favor and the motion passed unanimously. The Mayor then - presented the second ordinance, Ordinance No. 87 -16 -- the rs -tiod of which is as follows: ORDINANCE N0. 87 -16 AN ORDINANCE OF THE CITY OP HUNTSVILLE, TEXAS. CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION ON THE ADOPTION OF AN ADDITIONAL ONE -HALF OF ONE PERCENT (1 /2Z) LOCAL SALES AND USE TAX WITHIN THE CITY TO BE USED TO REDUCE THE PROPERTY TAX RATE (962 -rotes for and 167 votes against -- passed by a margin of 795). Councilmember Howard made the motion to adopt Ordinance No. 87 -16 and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. (Note: Councilmember Bell is absent). CONSIDER CONTRACT FOR CONFERENCE SERVICES WITH THE HUNTSVILLE AREA CONFERENCE AND VISITOR'S BUREAU —MR. BILL NASH Mr. Bill Nash advised that since he has been here before and there has been other discussions, he will assume the Council knows all about this matter. He then briefly reviewed it with the Council to see if they had any questions. In referring to the contract for conference services (page 6 of the Council's packet), Mr. Nash said the last WHEREAS, which states that "said services are intended to be additional services not presently provided the City," and noted "they are also additional services not presently provided in the city," and he felt both of those statements are important. He said we are talking about bringing something to Huntsville that is new and will add income, hopefully jobs and hopefully good will and a place the community can enjoy doing things that they would like to do. In the next section headed "Services to be provided by HACVB (Huntsville Area Conference and Visitors Bureau)," he said Section A basically describes facilities that would be provided; B and C provide that we would operate and maintain those facilities, and D says we will do the necessary marketing for the operation and E says that we must maintain records that would provide statistics that would measure the success or lack of success of the operation. He said we would be able to understand what we had gotten for the money that would be invested in this program. He said Sections F and G speak to the non - exclusive basis of the operation to insure that the facilities and the operation are available, not just to one hotel or motel or one caterer, but to everyone. On page 2, paragraph H, he noted, it is set out that there will be budget control by the City in that the budget would have to be presented by the Bureau to the City to be considered in its normal budgeting process each year. Section II entitled "Compensation to be paid by City." is basically, he said, the description of the hotel -motel occupancy tax ordinance which the Council has passed previously in which the City is transferr- ' ing those funds on to the Bureau in the same agreement that 1s outlined in that ordinance. In other words, he said, the first one of the three percent would come to the Bureau at the time of groundbreaking; the second one percent nix months later; and the third one percent after the second one percent goes into effect, PROVIDED the Bureau can show or document a need for it. He said this section then goes on to tie the Bureau down to the state laws which the Bureau w111.of course.abide by anyway. Basically, Mr. Nash said, the rest of the agreement is standard "boiler plate," provisions which are in any contract in which the city enters into, He then called the Council's attention to page 5 of the contract germane to "term," because there have been differsnt discussions regarding this. He said the term of the agreement is established as three years, but it is aur,matically renewed annually thereafter for o year periods, except that it may not be renewed if notified by either party 90 days prior to expiration. He said the term of the contract is cancellable by either party at any time for failure of the other party to keep my promise contained herein. Mr. Nash then introduced other members of the Bureau (John Haney and Peggy McAdams, not present), Tom Grids of Austin, Bill Hodges and Robert McCann. He said there are a total of six members in the Bureau; however, the ii 1 1 1 1 MINIMS OF AOGOB! 11. 1187 CI' NBgTIMG BOG[ "O" Tap 923 nominating process is provided which is currently in effect. Quntiona from Council Councilmember Green asked for clarification with regard to compensation; specifically whether it was agree that the city will pay BACVB one percent of the hotel motel occupancy tax beginning January 1, 1988, or the groundbreaking, WHICHEVER COMES LATER? He said it was his understanding we wouldn't begin January 1 if we have not broken ground. Mr. Nash said it will be- beginning January 1, 1988 or after groundbreaking, as stated, although it is intended that the way it is stated here doem't conflict with the ordinance providing for the 72 hotel -motel tax as adopted by Council earlier (Ordinance No. 87 -12, adopted May 26, 1987). (NOTE: The ordinance states: "Effective January 1, 1988, or upon groundbreaking for a convention facility site as deter- mined herein, whichever is later, there is levied an additional tax upon the occupancy or space furnished by any hotel or motel of one (12) percent . ") Scott Bounds, City Attorney, noted he will add "whichever comes later" to this agreement so that it will not be in conflict with the earlier ordinance. Councilmember Enotts asked for a clarification on compensation, where it says (Section II, A. 1): "Ground breaking means that • contract to construct the conference center has been let, a building permit for construc- tion of the facility has been issued by the City, the contractor has worked two continuous weeks on the site and sufficient equipment exists on site to accomplish the work," asking why would it not be sufficient to say groundbreaking means having a copy of the contract, bonds, and notice to proceed? Mr. Nash said that would be fine except that terminology is identical to what is In the ordinance (No. 87 -12). (NOTE: The ordinance states: "Groundbreaking shall occur when the Huntsville Area Conference and Visitors Bureau enters into a contract for acquisition of a conference center, a building permit has been issued by the City for the con- struction of said center, and a contractor has worked two continuous weeks on the site. The City Manager shall determine the date of groundbreaking. ") Councilmember Knotts said he has not had the benefit of any meetings where any of this was previously discussed and he did not understand all the details. He said it is very con- fusing to him if we are talking about something in general or one specific project. Mr. Nash said we are talk- ing about this particular thing. He said Ordinance No. 87 -12 provided that the hotel -motel occupancy tax collections would start when this particular project (Ravenwood Project) starts. Councilmember Green said the Ordinance was adopted for this particular project, otherwise, the January 1, 1988 date would begin the tax. and that is not what the Council intended. He said we intended that the tax would begin January 1. or ground- breaking, whichever comes later. Mr. McCann said if groundbreaking takes place before January 1, it is suppose• to start before then. Mayor Monday said then it should be whichever one comes first. Mr. McCann said but not before groundbreaking. Councilmember Knott* said he thought groundbreaking should not be determined by the City Manager, but rather based upon a signed construction contract. • performance bond filed and notice to proceed. Mr. Nash asked the City Attorney if there was a reason for putting a date in this document, noting that was not a suggestion of the Bureau's. Mr. Bounds said that was just an estimated time when it would begin- -the beginning of a quarter. Mr. Nash said the intent for the issuance of the first 12 was at groundbreaking--that was the key, but for some reason, the January 1, 1988 date got in there. He said he has never felt the date was significant, because we are really talking about groundbreaking. Councilmember Carter noted he needs some clarification also as it was his understanding that the tax on the project goes beyond just the Ravenwood Project, that it is not all tied to one single development- -that the Bureau was going to possibly be doing this whether Ravenwood ever developed or not. Mr. Nash said this is something, et least, that the Bureau was hoping for. He said just before we talked about this, there was • meeting with the other motel owners in town, and in consideration of their desires, it was felt -- because of the current economic conditions and other reasons- -that t h e collection should not start until there was something ongoing -- something that was material that everyone could see and realize and feel and knew was the beginning of some aspect; otherwise, the Bureau vas doing what he was in favor of a couple of -years ago, and__ that vas to start the tax and let it accumulate money. Ha said in consideration primarily of_the existing motel owners, who were going to be the source of all of this money coming in, it was decid•d_to wai.t_until we got into groundbreaking on this project. He said that does not mean that if this project never flies that we can't do the same thing with some other project; but again, we would not be starting until that project began. Councilmember Carter said then in other words, whatever we do with this contract, if Ravenwood falls through, this contract is void and we no longer have an agreement at this time, and we'll have to come back and create a new agreement....Mr. Nash said. "no, this contract doesn't speak to Ravenwood . . Council- member Carter said (it speaks) to any development of this type, whether it is Ravenwood or not. Mr. Nash said that will meet the requirements on the first page of this contract under services to be provided by us — anything that would meet that requirement would fall within the contract. Councilmember Green noted this certainly needs some clarification. Councilmember Green noted the second question he has is whether or not the Bureau is budgeting on the same budget year as the City or on a calendar year. Mr. Nash said a provision in this contract provideethat the Bureau would provide a proposed budget to the City by June 1 so as to set it up so it goes through the City's budgeting process and the Bureau's fiscal year is the same as the city's. Councilmember Green suggested the Bureau may want under Item C in Section II to change calendar year to fiscal year. Mt. Bounds noted be will define it as the City's fiscal year and make that change here. Mr. Nash said that is no problem. Mr. Nash said the 8200,000 is intended to be just a check or a milestone at which time ve -rill atop and review._ Councilmember Green asked about Section III, Insurance, Item 8 in the event that the City receives notice of cancellation of insurance, if that would void the contract. He said this section implies that to him. Mr. Bounds said they will be under a contractual duty to maintain insurance and it would either be a breach of contract or we would have to negotiate some type of amendment to the contract, given the circumstance Councilmember Green asked about Item Iv, "Hold Harmless;' as to if the attorney's fees are unreasonable, would the city be liable. Mr. Bounds said that would just be an element of damages we would have to prover_ Councilmember Green then asked 1f, under employment practices, it is true the city cannot deacriminate on the basis of citizenship even if they are not legal residents. Mr. Bounds said the city cannot descriminate on the basis of citizenship but -if they don't have work authorization, that is a separate issue other -than citizenship. He said we can have aliens who have a green card. Mr. Bounds suggested these changes: Section II, A. 1 — "Beginning September 1, 1987 or after ground- breaking on the convention center described in Paragraph I.A, whichever comes later, the city will pay ... "_and in Section II, C — change "calendar year" to "city's fiscal year." Councilmember -Carter asked Mr: -Naah,to-- ezplain the seventh member of the Bureau and the naednetion_proces Nr. Nash said the bylaws of the Burua yrovide there will be even directors and the noeinetioa ptpcsaa dicfi , =mama set up was done so 7dth- tha.thought'in mind of keeplug -the city at arm's length because of the various=- Page 924 gook "0" MINUS OF ADCUIT 11, 1167 CI17 COOMCIL METING reasons why ve set this up in the first place. 1. said but, at the same time, keeping it responsive to the community, It was established there mould be a nominating committee of the Mayor, the Chairman of the Chamber cf f Commerce and the Chairman of the Bureau and they would nominate to the Bureau. 'flu Bureau Board would than approve or not approve each nominee --the Bureau cannot select someone as an alternate if they do not appr:^ve of any nominee as it would have to go back to the nominating committee again to do that; therefore, the sour -e of all directors would come from that group. Councilmember Carter solid he is still mot pleased with the nom '+atja process. Mr. flash said he is not sure that be has seen anyone that is, but at the same time the Bureau feels 1: 1s a reasonable compromise to a very complex ■ituation in trying to keep as many people at arm's length atad still be representative of the community, while at the same time not create • board that is self - perpetuating. Councilmember Carter said there is a description of the convention center in Section I A of the contract which is the key to the contract going into effect. He said several presentations were made to the City ;:.munci= before Mr. Knotts ■nd he came on to the Council about what kinds of facilities would be available. He sat because they were not here and involved as directly, be dm not have as good an idea as to what extent th s description meets some of those earlier descriptiohs of the convention center. He asked Mr. Nash bow close this facility will fit what was originally intended and how much of a change might have been made. Mr. Nash said there is a basic difference in this description and other descriptions Dr. Carter ma- have heard. He said this description speaks to "use" and "what we want of the facility - -what we are expecting :f it' in minimum requirements that ve can handle. He said if it provides • conference facility sufficient to ammommc- date at least 400 people in banquet -style order and can be divided up so that it can serve that type operation, then we are meeting the goals. He said previous discussions talked in terms of areas in order to give everyone feel for what we were talking about and these discussions occurred even before his own involvement in this tter. He said as he got into these figures, he found several problems in going at it from that stendpolmt and one was that the plane were not totally developed yet and the intent is to use the second floor of this con- vention center (the one we are talking about now- -this does not spell out Ravenwood). He said that floor mon- tains aproximately 28,000 feet, but it has not been firmed up to the extent that we can say it is 20,250 t is 19,100 - -what does approximately mean? He said that floor also contains elevator space, toilet space, corridor space, lobby space and alot of other things that are not directly ancilliaries to this unit. He said o are those a part of it or not a part of it. He said at one time when it was being discussed at 20,000 feet, was a net area considered for conference area of 10,500 feet. He said there was nothing firm or conmrete the way of drawings that we could really go back to. Therefore, he said,-it seems more logical to get :his back to some facility that is going to provide a certain use, rather than try to get into the details of c=,e rchitectural details. that is what fs different, he said. He said it is intended to be more flexible bL: at he same time, we don't want a 30,000 square foot unit if it won't take care of 400 people at a sit -down `.anque:. Councilmember Carter said then actually the flexibility of this description, and maybe it being minima_, eleases the City to some extent from being tied too strongly to Ravenwood. Mr. Nash said that is right, nut the intent is to be more general to permit flexibility but demand the end result. Councilmember Carter said then this is a description, of a smaller facility probably than what vas presented earlier in terms of the use Mr. Nash said he didn't think the banquet facility, even the early one that he has seen, would really take care of more than about 400 people. Councilmember Knotts asked if the minimum requirements on the earlier contract had been left out. Mr. Nash said the discussion he has just had is the reason those were left out because that took out all flexi ility n the architect's design of it. Councilmember ltnotts said he still does not know whether the City cr the HACT1 11 own the second floor of the building; they say you can lock it up or you can do what you want to do with it what, but with this, you can't. Be said this is why be has alot of questions on insurance because he couldt'f see how the city could be a part of this . . . Councilmember Green said he didn't feel it was any concern to the city as to who owns it. Mr. Nash said the city would not own it, but rather the Bureau would own it and twat is why the bureau was set up in the first place . Councilmember inotta said he still has a hard time on _ -abil- ity insurance of ever getting the city at an arm's length from it because of the appointees of the board and through the budgeting process. Mr. Saab said the Bureau is not an employee of the city and the budgeting process the budgeting of the 3% that the city will provide from the hotel -motel tax. Councilmember Rnotts said it cannot be provided without the council voting. Mayor Monday said It 1s simply a contract for service. Mr. Has`_ said it is a totally separate entity that has a contract with the city because the city has • tax that can be emir for this specific purpose. Councilmember Barrett said he=v'nderztanne that the Bureau is trying to set up guidelines that can be iealt th by the architects. Mr. Nash said- the Bureau is trying to set up the end product: Councilmember Barrett sa_ y can't be tm definite because they have to alloy some leeway for the architect. Mr. Nash said that is - ght. Mayor Monday. said the two keys ire -err ai=f for are usage, and to attain the goal we have set out to .try co. - -- give them some flexibility to give us -Owl design. Mr. Nash said from the standpoint of insurance, it is felt like it would be a condominium system in w=ith there are common areas - -what is common and what is not common is going to have to be defined a little bit Later on; for example, he said, there is no sense in the hotel having • toilet here and the conference center ha -ing a toilet here maintained separately when those two could be together in a common area. He said these are >0me of the details that have to be worked out for the efficiency of everybody involved. He said it is antici =._ted that that is how it would work. He said there may be parts of it that are that way and parts of it that are 1: the lease program. Councilmember Knott, said he felt we would have to have the owners to hold harmless the city 0o as well as the Bureau. Mr. Bounds, -City Attorney, said he feels ve have adequate protection - -what we z= e ooking for is protection from the operation of a non - profit corporation, and that is what the city wants :o be insured for because that is really the only relationship that we are going to have to what is going oc et the conference center, because the cityais contracting with them to provide that type of facility. He said he feels insurance requirement is sufficient -to cover the liability that they will have as a corporation and sh,muld protect the city. Mr. Bounds noted - -the Cit;-Ya likely to be named as a party and it has been named as a .arty in other situations; i.e., sewer jobs where a workman of a contractor was injured on the job, but given the current state of the laws, the city has-■ good defense -if they are an independent contractor and the -city nas gotten out of those lawsuits without ant expenses. Councilmember Green made the notion to a••rove the Contract for Conference Services with the Buntsvi_1e dad the motins. time .. Con nd amended in the text above sad Councilmember Barre Councilmembers Carter and molt. voted -#Cdr NST the motion. Ali other couneilmembers v motion passed unanimously (note Councilmember Bell is absent). - CONSIDER RESOLUTION- COSOMNTING -ll} A-'AR ABATEMENT PROGRAM FOR A HOTEL- CONFERENCE CENTER F Mr. Bounds, City AttareeyrAldvisld -bs-, Council that it has previously considered_ tai abate/meet :or gas proposed Ravenwood Projects dhicb de a :itAnds,- this -is _actually the-Nevenwood_Centex sf the psolmana BYSm!Mn wood Resort-which-1i a hoar l-confer_ence- rantszcomilex. He presented a resolution_ for_ the C� oe31 which basically describes what the City bee done in the past, which is to consider a prmtomai M d lc 1 OP AMOUNT 11. 1987 0002 "0" Page 92S it lmgtcatas that this would. in fact, be what the City Council desires to do, and to outline what • be dome to accomplish that, which is the designation of a reinvestment zone and entering into an �rwe.s.let between the developer of the property and the city with regard to tax abatement. He said the Resolu- aam them directs the City Secretary, City Manager, and the City Attorney to proceed with accomplishing the task ed remain to be accomplished in order to accommodate the tax abatement program. Councilmember Green said this then does not specify exactly what that abatement program will be on , but there will be • hearing for it. Mr. Bounds and only that there will be • hearing that doe. recite generally that consistent with the representation the Council had made before —the fact that it would be a five year tax abatement, 1002 the first year after the improvements are completed, with a reduction of 20 percent per year until it is complete under the tax abatement in effect for five years. He said we will bring back an agreement generally along that line, as council discussed. Councilmember Carter said he does not have a problem with this contract and no problem with the purpose of what we are trying to accomplish here. He said he does not know that he has a problem with the tax abatement but he does know we had one discussion one evening which was fairly lengthy about tax abatement although he does not know that the Council came to any conclusions about a general policy in the city about tax abatement. He said he somewhat resents the fact that this proposal or resolution was dropped on his desk as he sat there this evening. He said he is not ready to vote for a hearing or for a tax abatement until he thinks the City Council has come to some agreement about a general policy. He said he does not think the council is quite ready for this kind of action even though he understands all we're :ailing for is a hearing, it is tied to a particular project. He said that particular project has particular requirements and it creates a situation that he does not know if it fits our general policy because he does not know what the council's general policy is at this time. Councilmember Barrett said he does not think the city needs a general policy to approve the resolution befor the Council this evening. He said is sure Councilmember Carter was not here when the council discussed some things earlier about the project and he feels the Council should be prepared to pass this resolution. Council- member Barrett then made the motion to adopt Resolution No. 87 -8, the caption of which is as follows: RESOLUTION NO. 87 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CONCERNING AN ASSURANCE OF TAR ABATEMENT FOR THE PROPOSED RAVENWOOD PROJECT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Councilmember Gaines seconded the motion. All were in favor of the motion to adopt Resolution No. 87 -8 EXCEPT Councilmembers Carter and Knotty, who voted AGAINST the motion. The motion, however, passed by a vote of six t to two (Bell absent). CONSIDER ORDINANCE REGULATING AND RESTRICTING THE POSSESSION AND USE OF AIR GUNS, BOWS AND ARROWS AND SLINGSHOTS E ` Mayor Monday asked the City Attorney, Scott Bounds. to present this information. Mr. Bounds said the City If has been made aware of a problem relating to air guns and the Council asked him to draft an ordinance along certain lines, as • result of last week's council meeting. He then presented the ordinance, as captioned below, which hedescribes as a kind of "middle of the road" ordinance with regard to the use of air guns. ORDINANCE NO. 87 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE. TEXAS, REGULATING AND RESTRICTING - . THE POSSESSION AND USE OF AIR GUNS, BOWS AND ARROWS, AND SLINGSHOTS; PROVIDING A PENALTY OF UP. TO $200 FOR EACH SEPARATE VIOLATION; AND MAKING OTHER- P- ROVISIONS RELATED THERETO. Mr. Bounds then reviewed the various provisions with the Council in detail. Councilmember Hammock expressed his opposition to taking bebe guns away from kids. Councilmember Howard said this is a very difficult thing to legis- late as it is more of an area where parents and other institutions-have a right to try to deal with youngsters to make them more human in their relationships in teaching them not to be destructive. He said in school, for instance, many persons have taught youngsters to be sympathetic to injured birds or animals who have received an injury of some sort. Therefore, he said, when we try to legislate this, it is really something that we will be ineffective in and so we must be very reasonable lest what we say will not be accepted at all. He said what he wants to hear is something most anyone can relate to, youngsters and family members as well, to let them know the city is going in this direction. Gene Pipes, City Manager, noted this item is on the agenda because of a request from a citizen who was con- cerned that the neighborhood kids were shooting the mockingbirds fatale. bird) within the city. Mayor Monday said: 'we then had a work session on this to discuss what our preferences wars:_.' -. Pp€ Councilmember Knotty said he is opposed to being able to diecrge a babe gun or firearm anywhere in the city limits. Councilmember Barrett had a problem with any public place -being someone's own front yard.. Council-- member Hammock felt the council may be over- reacting to this one complaint of someone having a problem with a few neighborhood kids shooting mockingbirds and legislation may not be appropriate. He said he is against the whole I. ordinance. Councilmember Green suggested deleting the requirement that a person discharge an air gun only in regularly established shooting gallery and providing that it is an offense for any_person to discharge an air Run in a public place, deleting the part about having to be a miner- and'=needing to be accompanied by in'-adult and changing the word posseme to discharge. Councilmember Barrett asked how the city can try to protect - the- apskingbird with legislation when the state w_ t even done so. He said he is opposed to this ordinance in -its entirety. He felt there is already •law - protecting harm to people from bebe guns although he opposed general destructive use of bebe guns and air guns. Be noted his disagreement that anyone's yard 1a public property unlies It has a high fence. which is the defin- ition of the City Attorney for this ordinance. He said if apse kid shoots a sparrow with a -bebe gun in his own front yard, he would be in violation of this ordinance and he doesn't agree with that. Ila- Gaines also had a- problem with the definition of a public place. Councilmember Carter noted if someone fires a weapon on their'- private property, that projectile is going to possibly cross other people's private property. Be said it is foolish for this council to say a person can do that in the city and with this he agreed with B111 Knott'. Be__ said he is willing to amend sections of this ordinance in order to her something adopted. although he would'pri far -it as written. Be advised Council of'a friend shot with • pellet sun in downtown Huntsville, - noting the . _ gged Lor pefhat.gun legislation. Councilmember Jartatl_felt�Lsr#sai�eady existing law to- mae.An a -case vhsrm- w=- Teflon is shot. Pollee Chief Hank Eckhardt clarified -if -it was not._intentional, it wouid-not be a trine under taking lay. Mayor Monday and Councilmember Howard as well is Counc imember darter "notedthey -wouid_agree - -to - -- a 26 Wok "0" NI E3 OF AUGUST 11, 19u CITT COUNCIL NESTING with this ordinance if he felt it was vbet the Chief needed to uphold the law, rather than to take away people's individual rights on their own private property. Chief Eckhardt said after listening to the council's comments. perhaps the ordinance should say that one Cannot disobarge • babe gun, etc. on property other than ore's own mud the projectile cannot be going across property lines (which would allow setting up a target aymtem on one's property); however, be would still like to see an ordinance with more "teeth" in it. Councilmember Barrett said there is no sense in passing an ordinance unless it can be enforced. Councilmember tarter said if we use that logic, we wouldn't have any laws because all laws lack moue degree of enforcement. Councilmember Green then made the motion to adopt Ordinance No. B7 -17 with the amendment to show a new section (b) as follows; A person commits an offense if he disch•raea an air an in • public pins., and omit section (d) which reads that a parson commits an offense if be discharges an air gun except in a regularly established shooting gallery. Councilaaa bar Carter seconded the motion. All were in favor of this motion to adopt an amended ordinance EXCEPT Councilaeaber• Barrett and Hammock, who voted AGAINST this ordinance. The motion -, however, passed by • vote of six to two. Councilmember Barrett said the main reason he voted against this ordinance is that he felt there should be mare input into its drafting by the Chief of Police, noting he is certainly against anyone going around shootic.i. up the town. CONSIDER ORDINANCE AMENDING PULLERS -IN PROHIBITED OF THE CITY CODE Scott Bounds, City Attorney, then presented this ordinance which 1s designed to assist the Police by givi.c.g them additional authority by which to limit the ballyhoo of businessmen near the prison. Chief Eckhardt indicate recently the city entered into an agreement with OK Pawn 12 and University Surplus to have an officer work over- time in the area of these two businesses and the Walls Prison Unit for the purpose of enforcing any and all Federal, State and City ordinances and to reduce tensions in that particular area. He said it then became apparent that the city's "Pullers -in Ordinance" did not fully address the situation on a full -time basis as it only covers the time periods "at any Use Monday through Friday." Chief Eckhardt noted as a result, the ordin- ance is not enforceable on Saturday or Sunday and there has been some questions as to exactly what "at any time Monday through Friday" means. He suggested that the City Attorney change the ordinance to be effective Sunday through Saturday, 24 hours a day to cover the situation when TDC releases inmates on weekends and at night. The Chief also requested that the ordinance be strengthened to make it illegal to gesture or arm wave to entice customers into a business, which was suggested by the owners of the OK Pawn 12 and University Surplus. Chief Eckhardt noted "we would deal very effectively with the problem if our ordinance dealt only with the immediate area surrounding 12th Street and Avenue J." City Manager recommended these amendments to the city's ordinance, noting they have the full agreement of the two businesses involved. The caption of this ordinance is as follows: ORDINANCE NO. 87 -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION 15 -4.1, PULLERS -IN PROHIBITED, OF ITS CODE OF ORDINANCES; PROHIBITING SOLICITATION OF BUSINESS FROM PEDESTRIANS; PROHIBITING DISTRIBUTION OF COMMERCIAL HANDBILLS IN CERTAIN AREAS; PROVIDING A PENALTY OF UP TO *200 FOR EACH SEPARATE VIOLATION; AND MAKING OTHER PROVISIONS RELATED THERETO Scott Bounds, City Attorney, noted this ordinance specifically defines the area of town in which this ordinance is effective (the Walls area); includes yelling and shouting to attract the attention of any pedestrian to a business; and applies 24 hours a day, seven days a week because releases of inmates at the prison now occur all the time, as well as other provisions. Councilmember Barrett asked for Chief Eckhardt's comments on this ordinance. Chief Eckhardt said it 1s what he has been asking for to further deal with the situation in that particular area of the City (Avenue J aid 12th Street). Chief Eckhardt said he talked with both business owners who both requested stronger enforcement although he has not taken a copy of this ordinance to them to review. He said they are both interested in prohibiting hand motioning and waving to entice customers, according to discussions the three of them had in June or July. He said they both want to solve' -tbe problem, but they each have a ;hard time dealing with each_ other. Councilmember Barrett asked bow Chico bining of the two bus companies into one would affect this s1_tua- tion. Chief Eckhardt felt it would escalate the problem, but this ordinance will make it easier for his depart- ment to deal with it. Councilmember Barrett then made the motion to approve of_Ordtnance No. 87 -18 and Councilmember.Howard seconded the motion. All were in favor and the motion passed unanimously. Discussion: Councilmember Carter asked if this ordinance should be applied City-wide or just in this one area as a matter of clarification. Chief Eckhardt advised the current ordinance does deal with the entire city, but the ordinance is only applies in the area of the Walls Unit, so the above ordinance should be specifically meant for the Walls area. Chief Eckhardt said this ordinance is not meant to restrict commercial activity, but to keep peace in the neighboncc: He said it will not stop customers from going into the stores, but may lessen the feeling of being in a combs_ zone and ease the tensions. Chief Eckhardt noted it is not meant to be applied to those who wish to approach others with religious intent, but one of those individuals sometimes falls on the other side and becomes • pullers -in person for one of the commercial entities. Upon a vote of the motion on the floor, all were in favor and it passed unanimously. „ CITY MANAGER'S REPORT -- GENE PIPES - Consider bids on the Willow Stress- Gomettuction- joint- v.ntureyroject to Smith 6 Co. in the amount of $467,810.95 to be paid from participationjero trata shares and C.I.P. funds. - Gene Pipes, City Manager; - advised-- that -for the past three or four years and Much longer than that in terms of planning, the City has been working toward a project that has been referred to as the Willow Street Project. He said the City has been working over the last several years on a joint venture, cooperative type funding participation project together among all,.t_he abutting property_ownera and leaving the City the responsibility _ those things that are truly public improvements for which it should be responsible. Mr. Pipes said the city now has in its possession, either letters of credit or actual money- amounting to the fair pro -rated portion of the front footage of the abutting property owners, including Gibbs Brothers, SHSU, three 9r:four apartment _ owners (Ronald Peperl, Fred Goeke, 7obu lck and E. T. Barrett). He said the city has taken bids for this Willow Street Paving Project w#th -t4 jos, bid being submitted by-Smith 6 Co. in the mount of =467;810.95 (only other bid was Brazos Valley Utilities_et j535,349.95). Be noted seven contributors to_tbe_project have_, deposited 6458,083.54 or aoae_E9 :7i7 ii hntE of the low bid of 4467,810.95. He said Nr. Isbell of our staff has sent letters to the seven_cnatrUnagai -r 4uestiag their pro -rata share of the *9.727.41 -hortfell. -,atr. Pipes noted it is the staff's recoend"sion -that the contract be awarded to the tow-bidder-of -Saie6 4 Co in Minces of Auaustll, 1987 Book "Cr Pa • 927 amount of 1467,610.95 contingent upon the additional 19,727.41 being raised from the contributors to the project Mr. Pipes said this project will not be completed by football season in 1987, but certainly by 1988. 8. said it will alleviate some of the traffic problems on the east side of the campus as another arterial route to be opened. Mayor Monday noted we have needed an arterial in that arta for a long time and this brings that type traffic movement to the city. She said it has been an ultimate goal of the city's for a long tier, - Councilmember Knotts made the motion to approve of the bid of Smith 6 Co. as described above and Council- member Howard seconded the motion. All were in ft or and the motion passed unanimously. Consider bids for the official depository for City funds for the period October 1, 1987 through September 30, 1989, to First National Bank at +1.76 over the T -bill rate. Gene Pipes, City Manager, noted if anyone on the Council has a financial interest in either of the two institutions that bid on this item, that would be a declared conflict of interest and those members of council should complete an affidavit so stating so that they may abstain from voting. Councilmember Hammock and Mayor Monday then submitted those affidavits and did not participate in the discussions or voting. Mayor pro tem, Percy Howard, Jr., then presided over this item and asked the Clty Manager for the staff's recommendation. Gene Pipes advised it is the staff's recommendation to award this bid to First National Bank at +1.76 over the T -bill rate. It was noted the city's current rate is 1.876 over the T -bill rate. Council- member Green made the motion to accept the bid of FNB at +1.76 over the T -bill rate and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. (Note two Abstensions: Mayor Mond and Councilmember Hammock and one absence, Councilmember Bell). Patricia Allen, Director of Finance, asked for the Council's decision whether to continue investing all funds through the city's depository bank. She noted to the past, the Council has wished to keep all funds local with the depository bank for several reasons: 1) the relatively high rate we have received; and 2) the depo- sitory agreement has specific requirements for pledged securities and safekeeping requirements; and 3) funds are kept local. She noted the city has been contacted by numerous firms wishing for the City to invest through them. Councilmember Green expressed his opinion that the city should continue its current practice of invest- ing all funds through its depository bank. There were no other comments from the Council in this regard, so with no opposition expressed, the city will continue its current practice. y Status of the Airport Improvement Grant Program Gene Pipes, City Manager, advised the Council that the city's hopeful anticipation of a successful airp"Ort improvement grant has been put "on the back burner" because the available funds from the FAA we thought might be coming available have been dedicated to the reliever airports of the Houston Intercontinental and Hobby Systems (Hooka and Ellington) and therefore, the City's project had no chance for funding. He said the FAA people tell us that we are vary high on the priority list and when the Congress in Washington sets the new FAA budget, we should stack up very highly. Mr. Pipes said the city has told its design engineer to "stand down" on the projec temporarily rather than spend any additional funds out -of- pocket and we will wait for the FAA's funding cycle for next year to come up. He said hopefully Huntsville will be high on that list. Councilmember Carter clarif that the design engineers will not get paid if the FAA funds do not come through. Mr. Pipes said this 1s correc and there is no point in them going on spending funds if it is going to be four -eight months. Consider a sidewalk construction -joint venture policy Mr. Pipes, City Manager, then presented a copy of the city's proposed sidewalk co -op policy, which resulted from comments from various individuals and groups during the bond issue presentations. He said a consistent -_ concern expressed was the need for additional sidewalks and repair of those already existing in the city. He said with the approval of the bond issue last Saturday evening, he felt it was appropriate to take action on r consider this sidewalk policy now so the staff can take some direction. He said basically what he is sug- gesting is that if the city tears up sidewalks in rehabilitation of water, sewer or street projects, the city should be responsible for putting them back, just like the city requires of any contractor. He said the city does not have money budgeted in the bond funds or in the budget to make inctdential repairs, but if the city tears it up, it generally has money built into the project or we know that it is going to be a factor of the utilities, which should normally pick up the bill in the first place. Secondly, he said, the city has other requests that have been made for sidewalks adjacent to the schools in that we are going to a different school concept this year. We have had two possibilities arise out of that consideration: 1) that abutting property owners contribute the money (or others who may be interested) and escrow the funds necessary to offset the expense of materials and the city street department will provide the labor, and as time and scheduling permitted to do the work and get the sidewalks in, he said. Mr. Pipes said Option B would have civic groups or other individuals that desire to provide both labor d materials to be assisted by the planning and engineering departments. in terms of rights -of -way, easement acquisitions, resolve utility problems that may occur (eater, gas or electrical situations), and design, if necessary, on these projects, and then inspection services as needed to see that they are done -in a workmanlike manner. He restated that under the bond program that passed last Saturday, that is a materials only street and some curb and drainage repairs - -no funds are available in that program to do any extensive sidewalk work. He said it is going to almost fall entirely on the utilities as we relay water and sewer lines or on private indi- viduals' interest in having a sidewalk in their area or a sidewalk available for their use. -i.- -said whether - we have any response to that 1s yet to be seen, but he felt before one requests come in, we should have some sort of a policy. Councilmember Green noted he likes this idea but questioned how ve would handle it in a neighborhood where a street is being redone if we would do this on a lot by lot basis. Mr. Pipes said there would not be much value in doing it lot by lot. He said if we had the majority of the lot owners on a given block (from street intersection to street intersection), that it would behoove the city to pursue it to see if we could get 100% - of that particular block and then go on and do the project. He said we would have to have 1002 participation fore the city can pick it up because ve don't have the money budgeted. Mr. Pipes noted be is reminded of a request that came this spring for a sidewalk, when the school's - reorganization was announced, that would go from Gibbs Elementary School west on 19th Street so, that the - primary school children could walk down to the Little Red Schoolhouse for afternoon day care, pending their parents picking them up. He said the school district 1s not going to transport those children, so that sidewalk will become very important. Be said the city does not have the money. but if • civic group is willing-- to- ape -ia thsr, to-build that iection_oi-aiAlvalk anC Mr._Isbell and Mr. Brown and their treys can work with them an - - . the-rights- of=vay andbow U -wboaldE ba laid out coodtructsd,'and deal with that headwall problea- at,thS cesek and'so- lvi`tbe— a_a�aty plobleme, them let somebody (civic group) do 1t. Mayor Monday said ttae- -Is -the- intent -of- licy. _ Pa s 928 Wok s u a of August 11, 1987 Councilmember inotta noted the sidewalk on Avenue 0 Is in hatardoua condition and should be redone. Mr. pipe• said the city will replace the sidewalk after they tear it up and put • new eater line in there on Avenue Councilmember Barrett then reiterated that wherever there are existing sidewalks, if they are torn up for repis sent of • eater or sewer line, the city will replace then. Mr. Pipes said that is correct, and if there is a small area coincidental to curb work near by, etc., the city can make some patches to even them up and make them more consistent so that someone won't trip and fall. He said it is not economically feasible that the city pledge itself to a new program of redoing all of the ■idevalka in town to make sure they are in first -class can - dition. Councilmember Barrett noted something happened on Old Madisonville toad that he hopes we won't see happe= again. He said when the City changed the direction of the street, the natural walking area of the people in th area was changed and he feels a sidewalk should be put in there. Councilmember Carter noted he is pleased this policy was dropped in on him at the last minute as he is glad to see it come about. He said he hoped the cite will make some efforts to talk to the civic groups to do these kinds of things, and after we have done that f;r a couple or years and gotten in better financial'Eondltion, that we might come back and talk about a long -ra=:e sidewaA buiding plan. He hoped that we would be thinking along those lines for the 1990's. Councilmember Knotts advised that waste is always a problem with the concrete companies in town and if is is late in the afternoon when they are approached, they would probably be happy to donate the material if we can get some civic organizations to go by there at 4:00 or 5:00 P.M. to take some of that waste to use it in sidewalk areas. He said it becomes a problem for the concrete companies to dispose of it. Mr. Pipes said this would be great if we had our forma set and ready for it. Councilmember Barrett asked if the state ever provides money for sidewalks because he said it worries hie to see people walking down Highway 75 and 11th Street. Mr. Pipes said the policy up to this time has been that drainage, sidewalks, curb and gutter expenses are the local community's part of the State Highway Department's matching program. He said he understands, without anything in writing, that the state is considering changihE their policy on the local participation thing, but he doubts they would go as far as sidewalks; but certainly In that situation if they alleviated the city's responsibility for drainage and right -of -way, then perhaps the city could concentrate on the major thoroughfares having a four foot walk on both sides all the way up and down. He said Sam Houston Avenue has sidewalks all the way out to Josey Street. Councilmember Barrett said he ca_'t believe llth Street has an overpass without a walkway with it as people have to walk right In the traffic. Councilmember Knotts felt we need one there now. Councilmember Carter made the motion to adopt this sidewalk co -op policy and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Notice of Intention to Close a Portion of Old Colony Road Gene Pipes, City Manager, then presented the Council with a copy of a notice to be published in the Item on August 13, 16 and 23, advertising the public notice of the Council's intention to meet on August 25, 1987 to consider and adopt, if appropriate, an ordinance abandoning. altering, closing and vacating that portion of Old Colony Road between Goodrich Drive and Elm Avenue /U.S. Highway 190 East (that portion of the road adjacent Louis Davis Gymnasium) and asking that all persons interested in this matter appear and be heard by the Council. Mr. Pipes said this public hearing is the result of a request made some time ago by HISD Superintendent Harry Tacker to faciliate school operations. Mr. Pipes said recent traffic counts show there are some 2800 to 3000 cars per day that use this road, even in the summer time, so there will be a number of affected individuals. Mr. Pipes said two counts were taken in the last month, one of which was a 24 hour composite and the other was an analyzed /computer count where we know how many per hour. He said there were 2800 in the computer count all broken down into the hour! time frames which will be available at the hearing; and the 24 hour composite showed 3000 vehicles. He said there are slot of cars driving through the school campus at this site that will have to go around by Goodrici: to llth and back on Elm to Hwy 190. He said a hearing will be held on this matter because of the request from the HISD. He said with school starting soon, we'll need to move in an expeditious manner to make a decision. MAYOR'S ACTIVITY REPORT -- JANE MONDAY Consider Appointment_ to_ nts and Appeals - Mayor Monday --then cujgestsd -tbe _following citizen to serve on this board to replace outgoing member,. Dawn (Pate) Miller, who m Siove��IWOr_t3oi+n: Mr. Curtis Skeins. After some discussion, Councilmember Barrett made the motion to approve of -Mr. Curtis Skeins to serve out the unexpired term of Dawn Miller, which continues until January of---1988,-Aid Councilmember Gaines seconded the motion. Discussion: Councilmember Carter asked if this is one of the.pasitfons that requires technical expertise, It was noted this particular position is that of a citizen serving on the Board. All were in favor and the motion passed unanimously. Issue Thanks Mayor Monday expressed her congratulations to the staff (Glenn Isbell, Johnny Poteete and Gene Pipes) f =r their very fine work on the bond issue and the data gathered and presentations that were made. She also tha=.ted the Council, noting it was definitely■ team effort and she is very proud of each and every one of them. S;.= said she feels very strongly-- that.Buntsville von on Saturday, for now and in the future. .. COUNCIL ACTION The Council generally reiterated the Mayor's comments of appreciation for all those who worked so hard c= the bond issue and Councilmember- *a«3tSnotts, Gaines & Howard expressed thanks to the Mayor for her fine efi :rts-' 1n making presentations to: Area mA1146iee_clubs, etc. Councilmember Green reminded the City Manager of the need for the median cut north of Bearkat Stadium c_ j 16th Street. Mr. Pipes noted this should be done next week. Councilmember Barrett asked for_further study on the downtown parking situacioa_po2iaa''ptrbbos there should be one hour parking on both sides of the Square. MEDIA QUESTIONS After some questions,5rom, the-_ edia, the Council then - adjourned the meeting. ectfully gubmitted, Ruth DeShav; City Secreta August 11, 1987