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MIN CC 07/14/1987Page 916- Book "0" Minutes o ., * ■'24g7 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF JULY, 1987 IN THE ASSEMBLY ROOM OF THE CITY OF.HUNTSVILLE'S SERVICE CENTER. LOCATED ON HIGHWAY 75 NORTH, IN HUNTSVILLE, WALKER, TEXAS, AT 6:45 P.M. The Council met in a regular session with the following members present: Jane Monday, Mayor Bill Knotts Percy Howard Gary Bell Jim Carter Bill Green Members absent: Ile G. Gaines William L. Hammock 0. Eugene Barrett City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney Dale Brow, acting as City Secretary - Member absent: Ruth DeShav City Secrete y CITIZEN INPUT Buddy Acker, Roeenwall Road, Huntsville, Texas 295 -8432 Mr. Acker indicated he is attending this meeting because of his concern about a particular street but in ooking through the information provided in the handouts, he said he has found his answer already. He said lthough he is no longer a city resident and cannot vote on the bond issue, he can campaign for or against it. e said after he hears the presentation tonight, he will make that decision. He said he has been contacted by number of people who have asked him to come tonight to find out more about the bond issue. He said he has ived in Huntsville all of his life. He said every time a bond issue is called it says it is not going to cost anything . . . he said he feeiathat if we get anything in Huntsville, streets, water or anything else, we are going to have to pay for it. . . he said we're not going to get a bond issue without someone paying for it. He said that is about all he has to say but he would like to privilege to ask questions later. Mayor Monday noted the bond issue will be presented in full at the end of the formal session and the Counci nd staff will remain afterwards to answer questions as long as necessary. James D. Butler, Sr., 3283 Old Houston Road, Huntsville, Texas. 295 -7416 Mr. Butler said he lives on Old Houston Road. There is a trailer park going in, he said, as he assumes, from hearing through the grapevine and he has read it in the paper and one thing and another. He said he met down at the City Planning Commission one day and they didn't really understand what we were all doing there because they had put the signs up. He said he missed this last one, but the first one he went to he made a sug- gestion to Bias„ and I wanted Biwa to be here but apparently he couldn't be here either. He told us at that time and the Planning Commission and all this and then he went is to the City Council Meeting about how beautiful and how nice that area was going to be there where he was going to put these trailers or this trailer park with curbe paved streets,concrete foundations, and the expenses that he talked about would be that it looked real nice. The he said, he looked out there from across his road where he lives and he saw a trailer out there. He said he did not see paved streets, gutters, the water drainage, or undercarriage that he was told that was supposed to be put there. Also, he said he understands the lots are supposed to be sold for $12,000 and when trailer houses go in there it will be beautiful and all this. From his point of view, he said, standing at his door looking directly at it, he does not see where Bius has told us how nice and how beautiful and what a good neighborhood asset this_ia going to be. . He said he realizes the City Council has to do what the law states - -ve have to go this way and do it this way- -but what bothers him about it is: "How can an individual get up and say all these aorta of things and when it comes right down to the dollar bill sign, he can put • trailer in. and I assume or I thought at that time when we were talking. the lots were going to be large lots and that they would be under the same type of restrictions that our homes are built now without K number of feet between the trailer house or our houses and the lot next to us and it is very difficult to tee that the one they have stuck in there now wher they had to cut a tree down to put it up against the Meadors and them's fence, that it ham as much difference of where the houses on either side of me have distance - wise." He said he does not understand how he can do all of this and say all these things and yet he is doing them and yet the place is not like he says he is going to do it before he moves the trailer house in. He said anybody can go out there now and look and tell me that there is $3,000 worth of undercarriage being put around that trailer, then 1 will be happy to go buy some lattice work that he has stuck up on the front of it and sell it to him for $3,000 and make a ton of money. He said the con- crete that is used out there for this trailer to be put on is leveled out - -the amount that he used there I would like to sell him that for the amount it took at $55.00 a yard - -for he has none there. Up the streets that are there, it is not there - -he has to drive down an improvised area off of Old HoustonjRoad to go through - -that is understandable -- you've got to get to the yard, that field out there. Then he said he looked down there and saw this improvised area there and he wonders where the gutter is that is supposed to float eater down through under- neath that area where that improvised area vas. He said he wonders where this is. He said the City Council has to go by what the rules state, but still, as a taxpayer, if this is the case that what they are putting out there oing to look like what they are doing. then this bond issue that we are going to have as a tax base, which 1 vote on, cause it 1s lowering his taxes, he wonders then if it looks like this, how his taxes should go down because of this area over there because his yard is mowed and he hasn't seen but a bush hog and a pile of a bunch of trees out there that haven't been burnt yet. He said these things he wonders about because being a taxpayer of Huntsville and live there, he wishes that some way we could have something that says "you need to do it this ay and not haphazardly being done." He said as he looks across there. he can't see anything but something that as not been done as Bius promised or said that he would do. He said at the first meeting he told Bius he believes everything he says, and in reality, he said the city requires him to put a bond up to do his work and then he said he told him what to do - -he should put a bond up telling them that he will do that same amount and make it like he nays it is. He said he quoted him a figure and "oh, no, ve can't do this." He said he heard since then that he says he is in a financial crunch. Well he said, this is not his problem. He said he went busted, so is nothing unusual. He said the gross national product is not up by .4 of 11 but yet we all try and yet he to put it on us that we should bend for him. Hs said he does not see that. He said if a man says what he going to dodo it, then we're in and we can back him, but when a man doesn't say what he is going to do, thee' hat's good for us is good for any other addition around hers. He said if we vote to go with the taxes, it helps of us. If we see a trailer park go in here, he said, then it goes in for everybody. He said if there is one ext door out here in different places in Huntsville, one should be put in right there with no problem. They have' eatrictions - -why that don't wetter nothing - -we should be able to do it either way. That's entirely what he said. Mayor Monday noted she asked the very same question. She said the looked at the area this afternoon. She d she has some answers she would like to share with Mr. Butler. She asked Mr. Pipes to present those answers. Pipes advised the original preliminary plat Mr. Bius filed did basically follow the description referred to y Mr. Butler - -s paved, curbed and guttered principal road, drainage structures, driveways, a full lay out for st of the 7 acres which he believes is the size of the original tract. He said the work in progress now is change, amendment to that original planned work, as he understands it, and basically Mr. Blue meets the minimum quireaanto for public access by fronting on Old Houston Road and having access to water and sewer lines there • • • MINUTES OF JULY 14, 1987 BOOK 0 PAGE 917 at the present time. He said he does not believe there are but six lots across that front that can be front- ing Old Houston Road. He said it is his understanding that is not in general compliance with the subdivision preliminary plat that he had filed earlier with the Planning Commission. Beyond that, Mr. Pipes said, he does know there was a notice. he believes put up today. for a final plat hearing. Mr. Dale Brown interjected the final plat review was yesterday at noon. Mr. Pipes said that notice was put up for the final plat review. Mr. Brown said it was for Section I. Mr. Pipes said Section I is the front. Mr. Brown said it is for the front nix lots and Mr. Bius is proposing the remaining five acres or so as a reserve for future development. !Mr. Pipes said so at this point in time, Mr. Bius has complied with our basic requirements for public access because he is fronting all of the Lots on Old Houston Road and has water and sever available to them. What he intends to do with his overall master drainage plan or any of that other with that reserve in the back, Hz. Pipes said, he can't answer any questions because he does not know what Mr. Bius has in mind. He said he vas not able to be at the Planning Co ®ission Meeting yesterday. He said many of the concerns Mr. Butler expressed as to the original understanding, etc. are part of potentially the ultimate development of that property, but at the present time, that is not the developer's scheme. He intends to develop lots along Old Rouston Road first and then make a decision later by holding it in reserve the remaining portion of the acrea whether it is five whole acres or a fraction of that. Councilmember Bell noted as his experiences on the Planning Commission remind him, there had to be a preliminary plat and then a final plat go through. He said what Mr. Pipes is saying now is that the final plat is very different from the preliminary plat. Mr. Pipes said the preliminary plat had lots on the front facing Old Houston Road. Councilmember Bell said as he recalls, it also had the streets, etc. Mayor Monday said that is still there in the reserve. Councilmember Knott' noted in the Planning Commission meeting, Mr. Bius made alot of promises over and above what the development code and he understands he promised a buffer zone between the trailers and Mr. Butler's home. Councilmember Knotts noted the things he promised were not necessarily under the development code. Mr. Brown, Director of Planning, said at yesterday's Planning Commis- sion Meeting, Mr. Bius said he will be restricting the lots and he listed some of the things he is planning on requiring in the restrictions, among which were the skirting and that there would be some sort of specified age for the mobile home where it could not be a very old structure and the others were basically related to a homeowners association and dues, etc. Mr. Pipes said this is still a subdivision - -a for sale lot by lot division of that land, according to a filed plat that has been properly approved by the Planning Commission based on the public access to the utilities and all the other requirements and restrictions we presently have in the development of the subdivision ordinance and the development code. Mr. Butler said he does not doubt what the city representatives are saying, but he asked what is the distance between the Meador's fence and that trailer supposed to be. Mr. Brown said it should be ten feet which is the standard side set -back. Mr. Butler said he is just curious - -he didn't get out there and measure it - -he said it looks pretty close. Mayor Monday said apparently Mr. Bius has developed evidently some frontage there and then once the reserve kicks in then alot of the things you were listing awhile ago will have to kick in because that will be a part of that second phase. Mr. Butler said then what the Mayor is telling him is that the trailer houses that are going in do not have to have a concrete slab underneath them. Mr. Pipes said that is not in the development code. Mr. Butler said but that is what the man said he vas going to put in. Councilmember Bell asked Mr. Brown if that was In the original plat. Mr. Brown said none of that is specified anywhere. Councilmember Knotty said that is - what he is talking about the promises he made in the Planning Commission meeting, but they are not on paper and they are not required by the development code, so they were just flowers he put on the proposal. Councilmember Bell said there are a number of witnesses - -is there not a verbal contract that would be appropo still? Councilmember Knotts noted the residents out there may want to hold that over him, but he didn't feel the Council would have any legal recourse. Hr. Butler said Mr. Bius said that in front of the whole Planning Cariiasion. Mr. Butler said he is just curious if he develops something and he gets up here and says a bunch of stuff and then just go ahead and do the minimum out here. then in effect whathe has done is lied to the public, the City and the Planning Commission. He asked if he is right or •rung. Councilmember Knotts said the things Mr. Bius promised didn't have any bearing on the Planning Commission approving or disaproving the plat because they are not required things - -just things he promised the people at the meeting that day that he would do and that is up to him (Mr. Bius) to stand up to his word. Councilmember Carter said he feels it to the city that we are failing here - -we're failing in upholding quality development in some neighborhoods and the effect is not just in terms of aesthetics but it is an effect on the economic wellbeing of the other neighbors in the area. He said he said this when we had the zoning study commission hearings, that he does not agree what we should allow what he would call economic confiscation and that means that because someone else has a greater wealth or ability to use a piece of land in a certain way that they can use it without regard to the effect it has on their neighbors. He said he thinks the purpose of government and the purpose of this city council is to insure that the citizens have a place wher they can be treated equally, independent of income and independent of race or color or any of the other con- ditions of status. He said right now we have people that are being affected by someone who has an economic problem with which they can't.ctEate.He said he feels the purpose of government is that we provide them some forum, some mane of redress against this economic activity that is taking place in their neighborhood that is lowering the quality of their property. He said he does not know what the city will do about it, but he feels the city council and this city government should begin strongly to pass law., because they are lawmakers, and they can make some of these rules. He said he feels they should upgrade some of those rules and make them stronger so this kind of activity can't take place and break up older neighborhoods where the quality will be lowered. He said if he sounds paaeibnate about this it is because he is angry because he went out there this afternoon and he does not like at all what he aces taking place there. He said if this is what we allow under our development code, then we need to make some changes in it. Mayor Monday then brought this discussion to a close so that the Council can move on into the regular session. FORMAL SESSION Mayor Monday then called for formal session open. She presented the Snvocator, Mr. Percy Howard, Jr. Councilmember of Ward Three and Mayor Pro tem. CONSIDER THE MINUTES OF THE PREVIOUS MEETINGS Mayor Monday then presented the minutes of the meetings of June 30 and July 7 for approval and Council- member Howard made the motion to approve and Councilmember Bell seconded the motion. Discussion: Council- member Carter amended the minutes of June 30 to abow -be traveled to Great Britian recently, and not Europe ea shown in Council Action: All were in -favor of approving the minutes with this one correction end the motion paned unanimously. `-. Page 918 Book 0 Minutes of July 14, 1987 PUBLIC HEARING Consider request for public hearing on an application for • waste discharge permit by Texas Mirror, Inc. Mr. Pipes, City Manager, advised the Council of a meeting held on July 8, 1987 among Glenn Isbell, City Engineer, Boyd Wilder. Director of Public Utilities, Mr. Handy of Texas Mirror, Inc. and Mr. Bounds wherein they, discussed the application for waste discharge permit from ate Texas Water Commission. He said the notice for the permit states that Texas Mirror, Inc. proposes to discharge treated process effluent at a volume not to exceed an average flow of 34.000 gallons per day. Mr, Pipes advised the plant is within the City's extraterri- torial jurisdiction and the wastewater is to be discharged into Mays Creek of the San Jacinto River Basin. He said the proposed discharge water is basically excess water from the glass cleaning process. The Council vas told no new construction is proposed for the permit; the water is presently discharged into a pond on the Texas Mirror site. Additionally, he noted, certain plant wastes are hauled off and the plant has a septic tank system for its normal domestic waste which will continue to function as is. The city staff observed the exist - ing pond, he said, the existing waste treatment facilities, and the glass manufacturing process. Additionally, Mr. Pipes advised, the staff reviewed portions of the engineering data related to the discharge as provided by Resource Engineering of Houston. He then informed the Council that since no new construction is proposed and since the discharge does not involve normal domestic type waste, the city staff does not recommend that the city request a public hearing on the proposed application. He said thereianocmcern nor need to oppose the discharge permit because it is not waste treatment water. has no human wastes or any other biological wastes contained in 1s just simply wash water and it is presently ongoing at the plant. He said there 1s no reason to oppose their permit based on • regionalization concept or anything else because there is simply no waste treatment being planned, none envisioned. and that is not what they are seeking before the Water Commission. He said no action is required in regard to this permit. The staff will stay in contact with Texas Mirror should things change in the future. Councilmember Carter asked if there is some soap material in this wash water or are we just talking about their running water over a plate of glass and dust is coming off and that is the only material that is coming off of the glass. Mr. Bounds, City Attorney, said the water is put into a holding tank and settled out. Councilmember Carter asked if there is any cleaning fluid or liquid involved in this water process. Mr. Bounds said there is no treatment process other than just putting it out in the holding tank for a period of time. Mr. Pipes said nothing is added to that water that is of concern to the Texas Water Commission. Councilmember Carter asked what is added to the cleaning water. Scott Bounds noted there is some demineralization of the water and there may be some cleaners added to the water at some point, but generally, the water is reused and there is no wastewater treatment plant required in order to bring the water up to acceptable levels to discharge Councilmember Carter said but the water will have chemicals added to it at some time in order to clean the glass and we do not know what those chemicals are. Mr. Bounds said there was an engineering report prepared by Resource Engineering of Houston, which analysis was reviewed along with the parameters of the wastewater that discharged and they were all within acceptable permit parameters of the Texas Water Commission and the Commission monitors the discharge as it is now. He said that monitoring does exist and the engineering has been done with regard to the quality of the water that is being discharged. Councilmember Carter noted then we are relying on the experts in this instance, in other words --we don't know what the chemicals are, but some engin- eering experts have . . . Mr. Pipes said the State of Texas is the regulatory authority. Councilmember Carter noted he does not always accept the analyses of the State of Texas. Mr. Bounds said the staff did talk to Dirk Peterson, the staff person for the Texas Water Commission, who monitors all discharges, including the City of Huntsville's discharges from its sewer plants, about the permit for Texas Mirror. Mr. Peterson was familiar with it. Councilmember Carter said the staff is asking the Council not to take any action without telling them what the substance of this material is that is being released. Mr. Pipes said the water that is being discharged today has been being monitored by the Texas Water Commission who has the regulatory authority in the State of Texas and they are not presently under a discharge violation of parameters of that sort. He said it is not a treatment plant or process that is being asked for in this permit hearing. He said the City simply has no reason to intervene because there is no change in the operation that has been monitored now for the past 18 months to two years - -just what is going on now. Councilmember Carter asked why we got notifica- ion if there is no change. Mr. Pipes said because of the issuance of a discharge permit -- notice is required. . Bounds noted presently the discharge is into a pond from a holding tank but some problems developed in that the evaporation from the pond(vith the weather we have had recently),the water from the pond did not evaporate, so on occasion the pond was overflowing. The request was made then for the discharge permit into Mays Creek, he said. The main thing is, he noted, they are not proposing any type of wastewater treatment facility and none ie required for the type of operation they have. Councilmember Knotts asked if the volume never would be a problem to the property below them. Mr. Pipes indicated this is not a problem. CONSIDER EMERGENCY REPAIRS Consider authorization of emergency repairs to the Sanitation Division's 977 track loader in the amount of $8,612.90 which exceeded the estimates and expectations approved earlier Mr. Pipes advised about three weeks ago the staff took the 977 to Houston on a bid by Hood and Wedemeyer to do the undercarriage repair in the amount of $8,111.46; however, when the equipment was disassembled (final drive and drive parts), a rather substantial damage to those parts was discovered. Once it was torn apart and the parts and equipment were laying all over the floor. we felt like repairs had to be made at that time. He said the additional costs are $8,612.90. He said transport of the machine to any other location would have I cost a substantial amount of money. Mr. Pipes said this work has been done and it is expected the equipment will be back on line Thursday. He then asked the Council for approval of this additional expense. He said one half of this extra cost will come out of the Street Department's vehicle maintenance fund and the other half will come from the Sanitation Department's vehicle maintenance fund because the machinery is split between 1 the two department's work loads at this time. Councilmember Knotts made the motion to approve of this expen- diture and Councilmember Howard seconded the motion. Councilmember Bell asked how much we have now spent on this equipment and how old is it. It was noted the expenditures for repair are now $16,734.36 and the unit is five years old. All were in favor of the motion and it passed unanimously. CONSIDER WATER TANK FOUNDATION REPAIRS Consider approval of a contract for services with Insituform Gulf South, Inc. in the amount of $2,000 for emergency repairs to the foundation of the one million gallon storage water tank at the Palm Street Water Plant that 1m under renovation, to be paid from Utilities Unallocated Reserve Funds Mr. Pipes said Ineftuform Gulf South, Inc. is the firm that is doing the televising of our sewer lines. aid the city had been underway with the repairs to the ground storage tank at the Palm Creek Plant for some time,and we are currently sandblasting and painting one of the one million gallon ground storage tanks. During this process, the city's inspector pointed out a foundation failure that needed attention. Glenn Isbell and Boyd Wilder looked at this problem, he maid. and have discussed a procedure of pumping a "stabilized slurry" ernsath the tank to solve the problem. Inmituform Gulf South, Inc. has indicated they could be here and repair the damage• on July 20, 1987 for approximately $2.''' Sr. P s .. tad. Mr. W12der icated he W rw been unable to contact anyone else with any better solution. Mr. Pipe then presented Mr. Wilder'■ regeust for approval of emergency repairs to the foundation of the eater storage tank in the amount of 12.000. Funds for this repair work to be transferred from budgeted maintenance funds. Councilmember Rnotts made the motion to approve of this ;2,000 expenditure and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT Gene Pipes Response to request for BB gun control options- -Scott Bounds, City Attorney Mr. Gene Pipes, City Manager, presented the following information from the City Attorney, which was pre- sented to the Council in memorandum form dated July 8, 1987. Mr. Bounds was asked in the last meeting to address alternative ways of dealing with a citizen complaint regarding juveniles using BB guns and pellet rifles to shoot mockingbirds. He then presented some existing state and local regulations. He noted at the present time, the City has no local regulation regarding the use of air guns. The Huntsville Code of Ordinances, Section 13 -6 prohibits the discharge of firearms except in certain circumstances. A firearm, it notes, is generally a weapon operated by gunpowder. Mr. Bounds said several state laws may impact the use of certain air guns in indirect means. For example, he said, a person commits an offense if he intentionally or knowingly displays a fire arm or other deadly weapon in a public place in a manner calculated to cause alarm (Texas Penal Code, Section 42.01). While a B.B. gun is not a deadly weapon, a CO2 pellet gun is a deadly weapon. Compare Mosley v. State, 545 SW2d 144 (Tex.Cr.App. 1976), with Corte v. State, 830 SW2d 690 (Tex.Civ.App.- 1981 error refused). Similarly, a person commits an offense if he enters or remains on property of another without effective consent and he had notice that the entry was forbidden, which notice may be communicated either by fencing obviously designed to exclude intruders or by signs posted to be reasonably likely to come to the attention of intruders. See Texas Penal Code, Section 30.05. Such a trespass is a Class A misdemeanor (Jail up to one year, fine up to 12,000) if the person carries a deadly weapon on or about his person during the trespass. The Council was advised that although the City did, by resolution designate itselfas a Bird Sanctuary, the City has not adopted any local regulations protecting wild birds within the City. He said mockingbirds were designated as the State bird in 1927 at the request of Texas Federation of Women's Clubs to support a program for protection of birds. See Texas Revised Civil Statutes, Article 6143c. Mockingbirds are wild birds, and as such, are property of the people of the State. See Texas Parks and Wildlife Code, Section 1.011. It is general against state law to destroy or take the nests of wild birds, although the state permits such action in the case of certain birds such as English sparrows. See generally Ch. 64, Texas Parks 6 Wildlife Code. Although the mockingbird is the State bird, the State has not granted it any protected status, Mr. Bounds reported. He noted, in fact, since modcingbirda are wild birds, Texas Penal Code, Section 42.11, Cruelty to Animals, is generally applicable. See also Chapter 64, Texas Parks and Wildlife Code. Options related to possession of use of air guns -- possible regulations Mr. Bounds said the City has several regulatory options other than its current policy with regard to com- plaint. Generally, these options extend either to regulatory possession or use of air guns or protecting the wildlife. Many cities have actively regulated either the possession or use of air guns, he said. Some of the regulations related to possession used by other cities include prohibiting possession of air guns, pro- hibiting possession of concealed air guns, prohibiting parents from permitting minors to possess air guns See generally State v. Lundquist, 374 P.2d 247 (Washington 1962); People v. Pestronk, 157 NYS2d (Magistrate Ct. Manhattan 1956) (CO 2 spear gun not air gun). Other cities have chosen to regulate the use of air guns, he noted, for example, in Clute, Texas, the Council prohibited persons from discharging an air rifle or air pistol of any description that by means of com- pressed gas, springs or by any other means is capable of discharging bb's, shots, pellets, or other solid objects at a velocity of three hundred feet per second. See Clute Code of Ordinances, Section 14 -2. In Baytown, Texas, the City Council chose to restrict the places guns could be used. Section 17 -1.2 of the Baytown Code of Ordin- ances provides that (a) it shall be unlawful for any person to discharge an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs, or other means is capable of discharging shots, pellets, or any solid object over any easement, street, alley, park, road, highway, right-of-way or over the private property line of someone other than his own without the con- sent of such person. (b) No person shall discharge any such air gun or air pistol on public school grounds, public parks, church grounds, or in cemeteries, unless the person has the approval of the person in charge of such grounds. Regulations related to animals The Council wan advised by Mr. Bounds that the City of Houston provides an example of the other general method-of- protecting animals in situations similar to that proposed by the complaiamm. Houston, he skid, has 0o restriction on the possession or use of air guns. Houston's animal Code does, however, he said, provide that "it shall be unlawful for any,person to shoot or attempt to shoot or kill with any air rifle, bow and arrow, slingshot or firearm or other means. or to ensnare or catch by any means whatsoever any wild birds, old or young, within the limits of the City." Houston Code of Ordinances, Section 6 -16. The regulatory options outlined here are not exclusive. He noted if the Council proposes regulations to address the complaint pre- sented, they may include rules related to possession and /or use of air guns. and/or protection of animals. Councilmember Carter maid he would like to see at least three things in this report done by ordinance. . U. said one is to prohibit the possession of concealed air suns. which he Bees that other cities do: the second is to provide some way to regulate the use of air suns. perhaps the way Glut*. Texas does in this report: the third is in regard to the animals and_would be to adopt the City of Houston's ordinance which makes it unlawful for any person to shoot or attempt to shoot or k111 . any wild birds. old or young. within the limits of the City, Ha said these are the three things he would like to see adopted as an ordinance from this report from Mr. Bounds., Councilmember Bell said he is unsure of the history of why ve designate ourselves as a bird sanctuary or what steps were taken to make that a meaningful process. Mr. Pipes presented a copy of the resolution outlining the nature of our designation as a bird sanctuary, which was requested by individuals with the Audubon Society who felt Buntevills_had AU impressive number of bird species and this diversity is an indica- tion of a healthy, stable environment and the fact that birds play a major role in controlling many types of Page 920 Book 0 Minutes of July 14, 1987 City Council Mae the Mayor and City Council declare the City will do everything possible under existing Federal and State laws and City Ordinances to protect the birds found within the City (dated May 13, 1975). Mx. Pipes said this resolu tion doesf'tcommit the City to any additional lengths beyond our present ordinances or the ordinances existing a that time and federal ai state laws. Beyond that, considering the limits of state law and other applicable ordinances at the present time, except for being a bird sanctuary, that is about all we have, he said. Councilmember Bell said if we are going to be • bird sanctuary, perhaps we should do something about it rather than just issuing nice sounding resolutions (75 -48). Councilmember Green expressed a concern that we no adopt all of those policies that have been outlined, especially the last one, noting that almost becomes unen- forceable. To adopt a policy that literally will have no meaning, he suspects, we ought not to do. He said he has no problem with -the idea of concealed air guns or any other kind of potential weapon like that, but he is not sure the Clute definition of 300 feet per second or any other is the right speed that we be concerned about, so he would not want to adopt that sort of policy until he had a better understanding of what that really means. He said he is not opposed to making it illegal to conceal those, but he is reluctant to adopt a policy that we are not sure as to exactly what it means and certainly if we want to say one can't kill a bird, that is one thing, but he felt making it so far as to attempt to kill a bird becomes unenforceable. Councilmember Carter said if we do discover someone killing a bird or neighbors report that someone has done so, at least we would have a law that would allow us to punish those people. He said all laws are selectively enforced as we don't catch all speeders and we don't catch all drunken drivers. Councilmember Green said if we just make it illegal to kill a bird, that is one thing, but going beyond that . . . Councilmember Carter felt we should not have the use of traps in the city for wild animals and he would call a trap an attempt to either kill or ensnare a bird, squirrel. etc. He said he would be opposed to the traps anyway. Councilmember Bell asked the Mayor if the Council can instruct the City Attorney to bring back some sort of meaningful regulation to support the bird sanctuary designation or let's get this designation off the books. Mayor Monday said rather than go through the trouble of drafting an ordinance, maybe we should have some ordin- ance language brought back that addresses each section and then we can talk about that. Councilmember Howard said he is very protective for birds or animals, but on the other hand, he feels every community is unique in some way and when we draw up an ordinance it should certainly fit Huntsville rather than somebody else. MAYOR'S ACTIVITY REPORT Jane Monday Mayor Monday then shared a letter with the Council addressed to Police Chief Hank Eckhardt written on behalf of the TDC expressing sincere gratitude for the exceptional cooperation and assistance provided by the Chief and his staff in the apprehension of two escaped inmates from the Wynne Unit on the 5th of July, 1987. The letter is from Wayne Scott, Central Regional Director of TDC. COUNCIL ACTION HEAP Festival -- Councilmember Green complimented Linda Pease and her staff for the wonderful job they did this weekend on the HEAP festival, the birthday party and parade and all those connected with the otter activities. eekend Events -- Councilmember Bell agreed with Dr. Green's comments above. He also extended appreciation to Johnny Poteete, Ray Black and David Zeller who put together and helped organize and got ready the Emma Etheredge Park for the dedication ceremonies. He said this was quite successful at Spring Lake and he very much appreciates it. a Councilmember Bell said at Spring Lake, we have a water line going in (6" to replace a 2 ") and this has been the source of some discussion for the last couple of months. He acid he would like to see a formal city council discussion of how we put in water lines. He said he would especially like to hone in on the issue of protecting whatever trees we can as water lines are installed. He said there is a great deal of debate as to whether trees should come out or stay in. In other words. he said, we need to talk about what is the city's policy. He said that frankly, within the next week or two, he'd like to see a formal statement from City Council that we are either going to clear cut the right-of-ways and put the water lines in wherever we see fit, or we are going to be more sensitive to some of the environmental concerns that he thinks a city really should be interested in. He asked if he should ask for a formal agenda item to address that issue. Mr. Pipes said August 11 will be our next city council meeting. Mayor Monday said the City Manager will be happy to put that on the agenda. Councilmember Bell asked that it be scheduled for the first meeting after he rerjrns from his vacation. Value of Trees -- Treatment of Trees in Cincinnati - -City and County Magazine article was then referred to by Councilmember Carter. He noted this article indicates Cincinnati Rives their trees a value equivalent to fire hydrants or other city amenities and every time a tree is cut down in the city, they calculate the worth of that tree and they must replace that tree with an equivalent landscaping that is monetarily the equivalent to that tree. He said they have them rated by species and size and everything. He said they even talk about the urban forest in Cincinnati. He said he does not like that term because it degrades the concept of a forest if we one day end up with nothing but urban forests. He said the use of the term forest to an urban area bothers him a great deal, but he feels that in the City of Huntsville, we need to begin paying as much attention to our trees as they do in some of these other communities. Councilmember Carter also referred to another story about power lines where a motion was presented that there was irreputable evidence that above ground power lines cause illness and disease and possibly tumors. He said he knows this Council has talked about putting power lines under the ground and he thinks there are even good health reasons besides aesthetic reasons for placing,,ower lines under ground. He said he hopes the City Council of Huntsville will come back to that- issue - of requiring CSU or any other power company to comply with ttat type of regulation. Councilmember Knotts said Joel Jeffcote of GSU advised he will be with the Council some time soon on some kind of proposal on Avenue 0 - -what they could or could not do. RECESS TO WORK SESSION The Council then recessed the formal session to the work session for the presentation and discussion of the August 8 Election information. ADJOURNMENT u