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MIN CC 09/08/1987OF SEPTENBEl BOOK 0 PAGE 935 ES OF THE MEETING OF`IEPTEMBER B, 198, *ELD IN THE HUNTSVILLE CITY HALL, LOCATED AT 1212 AVENUE N IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M. The Council met in regular session with the following members present: Jane Monday, Mayor City Officers Present: 0. Eugene Barrett Gary Bell Jim Carter lla Gaines Bill Green Bill Hammock Percy Howard, Jr. Bill Knotts Gene Pipes, City Manager Ruth DeShaw, City Secretary Scott Bounds, City Attorney CITIZEN INPUT Dr. Ed Davis -- Concern to keep city election date in May -- Opposes January Election Date The following presentation was made by Dr. Ed Davis. "I am led to believe by the agenda for the City Council that tonight you people have on your agenda an ordinance before you to set the time for the next City election and I understand, of course, that state law mandates that change due to the creation of the primary that takes place next year. That law, as 1 understand it, gives you some options as to what date you select and I would like to advocate that you select the month of May for that election. In so doing, you could hold your election in conjunction with the school district, which is what we have been doing, and what recommends that, in my view, is that the data clearly shows that the joint holding of elections in the state of Texas, particularly cities, peaks interest or raises citizen interest in cbe tion process. It increases turnout. I strongly believe in democracy. I am very much fond of anything that would increase citizen participation at the local level. Texas ranks 44th in the nation in lowness of voter terc- out. It is my view that a May election would, by far, be preferable to any of the other options that state law ives you. I think anything that peaks interest and raises turnout also produces a more intelligent voter whico s part of the rationale for what I am saying... any cost benefit analysis of holding elections will come in hancs down to support the joint elections rather than separate elections. You had at least 50 percent more manpower xpenses to hold separate elections, and while the amount of money here may be called small, in a sense, it is till mine and it is several thousand dollars, maybe three or four thousand ... Likewise, I think, back in the ategory of reasons not to hold an election at ocher times of the year other than May is, for example, in both Auguat and in January, and especially in January, you have the problem of having candidates campaign during a holiday season. I can't think of anything more frustrating to a candidate trying to get a message out than to contact voters, knock on doors, or make advertisements and presentations, while a large percentage of the comeun- ty is away for Christmas and away at New Years and while school is not in session on at least some of these tea, depending on how that date will fall in a particular calendar year...So I think the candidate should be ruatrated by trying to campaign in the absence of voters to hear and I think, likewise, that any candidate who has a platform or issue to get across is certainly disadvantaged. The public, as I say, is away, and they are of interested during Christmas and New Years- -they are distracted - -there are other things - -there are family things. Elections, in my view, have no place there. I would draw your memory back to the time when we had poll tax registration in Texas during January. It was an unmitigated disaster in terms of encouraging registration and participation in elections. I think, again, another reason for trying to dovetail your election with the school is that there are too many elections in this country - -the American people are electioned to death. 1 think one of the functions that evidence exists on is the more elections you hold, the lover the turnout is. If we were to have fewer elections . . . we could make the argument the turnout would increase. Again, 1 don't see how people from a democratic society could want anything other than that... Another reason, might be that it wocic be good governmental relations to hold the elections ... in conjunction with the school district. It is as understanding, in talking to board members there and it is my understanding that the Superintendent would prefer, as well, to have the elections held in May jointly as we have been doing for several years. I think these are the more compelling reasons to schedule City elections in conjunction with school elections. I certainly hope you will do so. 1 certainly think that May is the best choice and August is the second best choice, although I do:'c like it because of summer vacation, and January is the poorest of the choices that are available to us that pro- duces lower voter turnout. So I hope you will give some consideration to chose thoughts as rapidly as I tries to state the and put them down and I as sure there are other reasons for doing this. Thank you very much." David Bailer -- Concern for HEAP's use of City Pool Vs. YMCA's request for same use. Mr. David Bailey appeared to address the issue of the YMCA's use of the City's swimming pool. He lauded the YMCA "for their efforts to improve our quality of life, however, he expressed his concern for its possible negative impact on the City's HEAP program. He said his family has been involved in HEAP over the last 11 years in all facets, noting it is one of the best things Huntsville has to offer. He noted HEAP has suffered a budget cut which is a terrible thing, and, if certain circumstances occur, it could suffer even more. He said he'd like to forestall that. He said if HEAP were to lose its swimming program in the summer, it would lose considerable revenue which now helps to support its less lucrative programs. He said HEAP offers a variety of things that a.; an envy of a city of a much larger size than Huntsville and he felt we want to do everything to make sure it the revenue necessary to offer all those things. He said YMCA plans to charge a fee for admission to the city pool in the summer and he feels this is a mistake for two reasons: 1) it is a city facility paid for by taxpayers ! - -we don't charge people to use our streets, our parking lots. etc. and he didn't chink we should charge oc- taxpayers to use city facilities; and 2) it seems to him that some of the major users of the swimming poor are our lower income and minority population - -now we have private pools and subdivisions which tend to serve, to sore extent the upper middle class, which also seems to be the group now targeted by the YMCA. He said if we were tr charge money for admission to the pool, we may cut off one of the major sources of recreation for certain ele- ments of our population. He said our city is segregated enough that we don't need to disturb or add to that segregation or discrimination. FORMAL SESSION Mayor Monday then called to order the formal session of the Council Meeting. The invocation was presented by Pastor Darrell Zuaalt of the Church of the Nazarene. CONSIDER THE MINUTES OF THE PREVIOUS MEETING OF AUGUST 25, 1987 Councilaeaber Barrett made the motion to a .rove the minutes as ,re•ared for the A aeeting and Couneilmeaber Howard seconded the motion. All were in favor and the motion passed unanimousl uat 2 987 comic PAGE 936 BOOK "0" JTNVITC OF RW'PTDILl 8. 14187 ATTENDING CITIZENS JAyn Gebert to request City Council consideration of a "No Smoking" Ordinance Ms. Gebert advised former Mayor, Bill Nash, in March of 1985, submitted a No Smoking Ordinance to the City Council for their consideration, which was tabled by the Council for further ■tudy. She said she felt two years should be plenty of time to study and consider that ordinance. Also, she said. with the passage of time we have been educated to the fact that cigarette smoking 1s no longer the acceptable norm that it used to be and people who don't smoke, by and large, are offended when they are forced to inhale second -hand smoke. She said we now now indisputeably what our lungs have been trying to tell us all along that smoking is harmful to our health and that passive smoking is harmful to our health. She noted she is a health care professional, having been a registered nurse, and has witnessed the 111 effects of cigarette smoking on patients and people seccumb to hideous cancer as well as the many people who suffered heart problems. She said she feels almost all people are aware of it now to some extent. She said she feels it would be difficult to find three rational people who didn't believe smoking was harmful, except perhaps for tobacco lobbyists. Fortunately, she said, the per- son who chooses not to smoke, no longer needs to feel apologetic about disliking smoke in air. She said over to years we have seen many cities pass "no smoking ordinances" that are enforceable and that work well for the citi- zens. Some twenty states now have these ordinances, she noted, and Texas might have been one of them if we had not had such budget problems. She said we have a state law that regulates smoking that, in her opinion. is a very unsatisfactory law because if a business chooses not to post a designated smoking or no smoking area, then they are exempt from the law and the responsiblity is removed from both the byslness and the smoker. She said a survey she conducted showed, out of 82 people. that 9 people had no opinion, 52 people people were in favor and 21 were opposed; or 642 for the no smoking ordinance, 262 opposed, and 102 having no opinion. This repre- sents only 442 of her originally targeted population of 180. A recent poll taken by Congressman Charlie Wilson, while in Huntsville for a town meeting, showed that out of a group of approximately 70 people, those favoring a smoking ban totaled four to one; conducted in response to Ms. Gebert's questions to him about no smoking legisla -; tion. She noted it is unthinkable to smoke in a Houston grocery store because of their no smoking ordinance. She noted Huntsville is interested in high quality services, but has failed to take this very progressive step is citizens. She said it is the Surgeon General's stated goal to have a smokeless society by the year 2000. She noted we need to target the children of today through education in order to achieve this goal and one way we can do this is through a local no smoking ordinance, which will let children know it is Just not acceptable anymore to smoke when and where one pleases and that there are good reasons for this. The City Attorney's draft ordinance of 1985 was patterned after the Houston city ordinance, but it does not cause restaurants to be in compliance although many in Huntsville are already voluntarily complying. She suggested the ordinance be revisec to require that every restaurant that serves at least 25 people to be required to offer a non - smoking area with n appropriate separation of air space. Mr. Scott Bounds, City Attorney, has indicated to her, she noted, that this ordinance is enforceable. She noted Houston's experience with compliance has been very high and their ordinance has been easy to enforce, according to Councilmember Eleanor Tinsley of Houston. She encouraged Huntsville to provide a model for other small cities that might wish to pass an ordinance. She noted K -Mart s openly encouraging its shoppers not to smoke by announcements over their public address system. She urged the Council to match the initiative of stores such as the K -Mart and provide an ordinance for the health and welfare of its citizens. She asked that the no smoking requirement be mandatory and not optional for businesses o post designated no smoking areas in order to be in compliance. Mayor Monday advised Ms. Gebert the Council will most likely take this matter under consideration in a work -; shop in order to review all the provisions et the San Antonio ordinance and that of the 1985 draft of the City Attorney's ordinance. Councilmember Barrett noted he appreciates Ms. Gebert coming down here, as he too is in the health profession and understands her concerns. He said two years ago when the Council discussed this, they were told there were state laws that covered this and this may be why the Council did not come back to the local ordinance. He said he feels we are concerned and we do want to get back to it. Councilmember Bell asked if there is a consensus of this council that we should consider it. Mayor Monday said she certainly sees such a consensus and she asked the staff to bring It back for a work session. The Honorable Robert DeLong, Judge of the Municipal Court Judge DeLong informed the Council of his intention to revise the fine schedule, which has not been revised substantially since 1981. He said he intends to adopt the same fine schedule that the justices of the peace have adopted because it meets all of the adjustments that need to be made as a result of the changes in the law and seems to him to be appropriate; noting the fines are slightly lower than Houston and slightly higher than Madisonville. There will then be : unified fine schedule throughout Walker County, although he was not sure about the other cities in Walker County. He said last year, the legislature passed a law that said driving an automobile without proof of liability insurance will carry a fine of $75.00. The new law now states that the fine will be $75.00 minimum, plus another $75 that will go to the state along with the various taxes and penal- ties, which makes that offense now $164.50 as the least we can charge. He noted before he revised the schedule. the fine for speeding near the city limits (inside the city) was $39 for speeding 1 -15 mph over the speed limit in the city, but $60 in the county. He said Madisonville charges $50 and Houston charges $88. He noted the City was way out of line at a fine of $39 and gave the impression that we didn't care about safety as such as the other communities around here. He said before he revised the fines, the City was much lower than the County and Madisonville and Houston as well as across the board. Judge DeLong noted it is now mandatory that the city collect $10.00 for the driver's safety education program. Another change will be the fine for defective equip- ment, which will go from $24 to $38. Mayor Monday asked for a copy of the fine schedule for all of the Council to review and this was then done. The Council generally indicated their consensus for the new fine schedule even though their approval of it is not required- -the Judge merely wished to make them aware of his intentions. The Council was then advised of the Judge's plan for a work program for those who cannot pay their fines. He said if they cannot pay their fine after some reasonable period of time, we don't have much alternative but to leave them as we can't convert a fine into a jail sentence. He said the new law makes it $45 a day credit from $15 that a person can get for laying out sentences, but this still does not fix the problem because people that have a $200 fine would have to stay four or five days and it is just unconsciounable to keep someone in jail who absolutely does not have the money. He said they have hearings to decide if they are indigent and then - we turn them loose in accordance with the law. He said it is rare that someone is kept over a day who does not have money, but if people have the money and just don't want to pay, that is another thing as they can stay $45 a day until the fine is gone. He said he has gotten the City Attorney's approval and the insurance concerns remedied by current case law for a community service program to work off fines rather than sit out time in jail. He said this service can be in the city parks to clean them and would be supervised by a city employee. He said credit of $45 • day wil be given for working a day so that an $80 fine will require two days credit. Council member Carter expressed concern that a city employee supervisor may not be trained to supervise an offender. Judge DeLong assured him his court only has jurisdiction over Class C misdemeanors - -the lowest level of offense. mostly traffic and a few public intoxication. shoplifting. disorderly conduct. etc., all of whom are nondangerous. Councilmember Carter asked if the city will be providing lunch for these people and the Judge said no they would ' not, but that an opportunity to eat will be provided (indigents usually have food stamps. he said). The program will be available to teenagers whose parents would be expected to pay the fine (offenses such as "minors in possession" and "traffic offenses "). Judge Dslong said the city doss have tort immunity as it concerns liab- ility if someone gets Burt on the lob, in r•sponas to Cowmeilasmber Serratt's concern. Judge DeLong also noted having the sign a "release" ahead of time would probably sot do any good and would not be effective to try to release liability ahead of time. He noted he will use his discretion in administering the work program alter- native as it is appropriate. Mayor Monday asked the Judge to report back in a few months on how this program is working. Police Chief Hank Eckhardt concerning_a Warrant Service Computer Link -up Chief Eckhardt asked the Council for their approval to link -up with Harris County's computer warrant service by contract. He said the up -front cost will be ;3,000, a 20c per warrant entry fee and then a $3.00 charge for every warrant that is serviced by another member agency to this computer system. He said the City has over 1 ;20,000 worth of warrants outstanding now that are on people whose addresses are in the Houston area. He said 1 the City does not have the manpower, facilities or ability to track down those warrants. He asked for permission I for the City to contract with Harris County to allow the City's municipal court warrants to be entered into this computer. After reviewing their system and talking with other contract participants, he found that the warrants that are served more than adequately cover the cost to get into this system. He said it is a way to close up the loophole that now exist:: that allows those persons, on whom we have warrants, to ignore our court. He said this is a one year contract, renewable each year, and it would cost ;3,000 each year that it is renewed. He said if the benefit is not there, the city can back out of it. The Council indicated their consensus to approve this computer warrant service link -up. NOW CONSIDER ORDINANCES Consider Ordinance updating the Code of Ordinances, Chapter 12, to include the No Parking Zones, Stop Signs, and other regulations installed under City Manager authority for a trial period IE The caption of this ordinance is presented as follows: ORDINANCE NO. 87 -20 AN ORDINANCE OF THE ,I.TY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES, BY ESTABLISHING NO PARKING AT ANY TIME ON AVENUE J BETWEEN 20TH STREET AND SAM HOUSTON AVENUE; PROVIDING FOR STOP SIGNS AT THE INTERSEC- TIONS OF NORMAL PARK AND CROSSTIMBERS, WEST HILLS DRIVE AT HIGHWAY 30, WATKINS STREET AT RYANS FERRY ROAD, DICKEY STREET AT 7TH STREET, AND ELMW00D AND PINE VALLEY; PROVIDING A PENALTY OF UP TO ;200 PER DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE PARKING ZONES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Green expressed his concern about the visibility of the stop sign at Elmwood and Pine Valley. After some discussion, however, the motion was made by Councilmember Green and seconded by Councilmember Gaines to adopt Ordinance No. 87 -20. All were in favor and the motion passed unanimously. Consider Ordinance amending Chapter 12 to include Section 12 -23 to provide for bicycle lanes and establishing a bicycle route on Lake Road and Avenue J Mr. Pipes advised this ordinance will facilitate the large number of apartments on Lake Road and the bicyclists in going to and from SHSU. He said this wil be the first such designation in our Code of Ordinances. The caption of this ordinance is as follows: ORDINANCE NO. 87 -21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND IRAFFIC, BY ADOPTING A NEW SECTION 1Z -23, BICYCLES; REGULATING USE OF BICYCLES; ESTABLISHING BIKE LANES, ESTABLISHING BIKE ROUTES; PROVIDING A PENALTY OF $1 -$200 FOR CERTAIN OFFENSES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. After some discussion for clarification, Councilmember Bell made the motion to approve Ordinance No. 87-21 and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. . CONSIDER CONTRACT Consider a contract for services with Walker County to provide fire suppression services for a period of two years Mr. Gene Pipes then presented this two year contract, noting the first year calls for 50Z of the operations and maintenance costs to be shared by the city and the county each, and the second year requires the same with an additional 10Z set aside of the operations and maintenance amount into a capital equipment replacement fund for vehicles that are subject to be retired out of the Fire Department's fleet. Mr. Pipes said 5Z each from the city and the county would amount to a very, very small sum in comparison to the total dollars of equipment that had been bought by Walker County over the term of the preceding six year contract. He estimated the city has spent at least ;250,000 in equipment for Walker County and not required equipment over the last six years. i At this point, he said, a ;15,000 a year, since our 0&M budget for the Fire Department is about ;300,000, will pale in comparison, but this will set up a dedicated fund for equipment replacement--a forced savings account, so that as the equipment ages, it can be replaced on a timely basis and we won't have to go through the diffi- culty of agreeing on what pieces of equipment and what kind of a time line, etc., as to what should be replaced in what order. He said this contract tracts the original contract closely in most areas with the biggest change being that 5Z set -aside starting next year and the addition of the 1987 Ford Minipumper (yet to be received but the cab and chassis have been delivered and has been taken to Lufkin for outfitting). He said when that equip- ment is returned, in about two months, that will make four pieces of equipment acquired during the term of this contract that we will be leasing from Walker County for the ;1.00 per year term and all other other future acquisitions will be the property of the City of Huntsville through this shared sinking fund. Mayor Monday noted she would simply like a consensus of the Council for this contract which has been presented to the Com- missioner's Court. She said it was recommended by the Council Committee that worked on it. It will then be formalized for final acceptance, Mayor Monday noted. Councilmember Gary Bell noted his concern for the 50:50 split when we know we run the wheels off our truck trying to fight County fires which was one of the reasons the County made substantially heavier equipment con - tributions than the City to cover the expense of driving the distances in the county. He asked why we were nov shifting gears and going 50:50 because he feels the County should be paying a little bit more. Mr. Pipes said • this was a concern of the City, but the strategy behind the original contract with Walker County was that they i would buy one ■inipumper or equal in each of the five years of the contract in order to have one at the Huntsville Fire Department and one at each of the four precincts that the County Commissioners represent r— He Isaid he does not know what happened to that plan, but he doe■ know that five fire departments are way more expen sive to operate than one central fire department, but in taro of the Initial plan. it was not so much that the /J ►acs 938 root "O" equipment that we had had In the inventory since 1963 and 1961, which was the primary equipment answering the :ounty fires, was worn out (one of those pieces was retired last year and the second one probably this year when this other minipumper is delivered by prior agreement). He said that equipment should last several years. The equipment that needs to be replaced next, he said, is the larger old pumper, which Is substantially • more coati piece of equipment that a $50,000 - $60,000 minipumper. So, setting up a sinking fund to share that cost, since pumper equipment is primarily in -city equipment as we have to have a fire hydrant for a pumper to really be of maximum service although one can draft from it from a tank. pond or spring, etc., but it far more efficient in :own. He said City residents are also county residents, so jointly purchasing that still makes the City resident paying. for 75% of it, but its primary use is in the city also. He said unless we are hooking up in series to a ::ant :anker and putting a lot of water on the fire through a bigger pumper, then the minipumpers are more than adequate for the rural fire with sufficient canker fleet to get the water shuttled back and forth from the neares source. He said in terms of strategy, the city feels that the equipment needs of the Fire Department are met for the foreseeable future since this is a two year contract. Whatever the future holds for fire service in talker County, he said, he thinks it will always be tempered by the availability of money. He said we can always to a fire district, but the problem is the state legislature has seen fit to put a maximum limit on the tax levy and the current tax levy, based on the assessed valuation in Walker County. would simply yield about as :h =.oey as it takes to operate the Huntsville Fire Department. so it would not support any additional rural :re :epartments and yet a fire district, similar to the school district or the hospital district or any of the s=ecial need districts, is a perfectly legitimate and logical thing if it can be operated under one central :ver_ental authority, rather than a shared responsibility. He said at the present time. the city is the :antra :tor for Walker County in providing this fire service and this is the method that we need in order to replace our old worn out equipment. Mr. Pipes said that pumper failed the Rump test two years ago by the State Fire Marshall and has a cracked frame member that became cracked from going down county roads fighting county :fires. He said it is a 1963 International chassis and is worn out and practically useless except that it does carry some credit for insurance purposes, etc. He said it needs to be replaced and the only way to do it is to set ur a sinking fund and save the money to do it. He said agreeing to jointly issue Certificates of Obligation .: replace a piece of equipment like this is a nightmare. Councilmember Bell asked how much it costs to fight county fires as opposed to the cost to fight city fires. M. P::es presented the monthly fire report which shows the number of fires, miles traveled and equipment used i f :r in -city and outside -city calls, including the number of people responding. He said the city could calculate ;rites on the service, but obviously, major fire calls in rural areas cost a good deal more money, but he didn't) :.ink, in terms of comparison. on a month to month type basis, that that 1s a particular concern. He said we, as Walker County residents, living in the City of Huntsville are due the same proportionate share of the avail - i sole revenue in order to provide ourselves adequate service and by paying city taxes and then paying county taxes also, we are paying a disproportionate share, because the costs are higher out there in the first place and in the second place, while they are shorter runs, the response time is shorter and the damage less and that is good, but we do pay for 75Z of the costs, net overall. Councilmember Bell noted that is his point - -why shou we have a 50:50 split when the county 1s actually costing us more than the city is costing us as this does not strike him as being equitable. He asked if the County should pay 672 of the cost of fire suppression, if, in :act, it is costing us 67Z to fight county fires. Councilmember Barrett said we have to have more sophisticated equipment in the city for buildings, etc., and the county is helping pay for that and they don't really need it. Councilmember Bell noted however that we are sending our big trucks- -our mother tanker - -out into the county to fight county fires and we've put 68 miles on a county response as opposed to 3 miles in the city response, s: that sophisticated equipment does move outside the city. Mayor Monday said ultimately all of us would like to go to a fire entity that would be taxed one time for all of us and that is what we are hoping to get to. She said we would have perhaps moved in that direction this year except for some limitations with the legislature- - it is just dollars. She said that is our ultimate goal, but this contract is the best we can do for now. She said we wish to work with Walker County and give our best effort during this time. Councilmember Bell stated to let the record record that in some senses the city 1s subsidizing county fire suppression and he objects to that because we are paying county and city taxes in the city and the county is only paying county taxes and because :f the 50 :50 split. He said that really bothers him because we feels we should have a contract that more accu- rately reflects the actual costs of fire suppression. Mr. Pipes said for the last several months, because of tae very vet conditions, there have been a couple of months where there were very few county fires. He said over a five year basis, it gets very close to 50:50 all the time. Councilmember Barrett noted too that most _f the time the smaller equipment is used to extinguish the county fires. Mayor Monday noted fires inside the : :ty are usually structure fires and are more expensive to fight. Councilmember Carter said as a member of ::at committee and sharing all of Dr. Bell's concerns and having heard every member of the committee and the City Manager express those concerns, he has to agree with the Mayor and City Manager that at this moment, this is the best practical plan, so he will support it. He said he appreciates the work that has been done there and `Lopes we can move in the direction Indicated by Councilmember Bell in the near future. The Council's consensus was then obtained for this contract. CONSIDER ORDINANCE Csosider Ordinance establishing a date for the 1988 City officers election Mx. Gene Pipes, City Manager, advised that the State Legislature has provided for Super Tuesday Presiden- tial Primary to be held on the second Tuesday in March of 1988 with its runoff on the second Tuesday in April. This moves the city's normal election date from the first Saturday in April to the 1st Saturday in May, effec- tive 1988, The other authorized dates for elections are the second Saturday in August or the third Saturday in January. Mr. Pipes reminded the Council that when this all first occurred, he felt that perhaps the third Saturday In January would be a preferable election date for a city officer's election. He noted the tremendous resounding turn -out In 1984 for the initial city bond issue with some 1300 voters casting ballots, which vas :musual for a bond issue election. Additionally, he said, the hospital district has had January elections now for many many years in January, and while their turnout 1s not astounding, the logic of Dr. Ed Davis at the `egining of this meeting, carries over to having a joint election with the Hospital District, thereby sharing : e c_sts. He said the city election may even interject more interest in the Hospital District election. He said tie school district has the same option to select a preferred election date. He said his primary consider ::on _n recommending the January date is that it does limit the time, cost and associated factors of campaignin :o practically just three weeks, from January 2 to the third Saturday in January and thereby encourages, in his • people of limited or lesser means to running for public office because it isn't protracted over the entir spring. He said a January 16, 1988 election will require the council candidates to make application for a seat De :ember 2, 1987. He noted during the holiday socialization time, a candidates points and philosophies coul be shared with lots of people. He said he felt this time frame presents a very healthy climate for an election. said as a practical matter, for budgetary and planning reasons and orientation reasons, there is a particular advantage to selecting our local public officials in January so they can go through a mid -year budget cycle and be well situated and adjusted to the office before we launch into the major budgetary considerations in the summer months. He said it would be difficult on staff to have an election in May and if it results in a runoff, have the orientation and budget considerations simultaneously. He noted this year our budgeting was done late because of the economic situation, but it is usually done much earlier (June). He said the charter limitation requires adoption of our budget by September 27. He felt six full months 1e highly desirable for a nevly elected councilmember to become familiar and knowledgeable about city operation° and functioning before they are asked to set the plan and then organise the city funds to work that plan. Septembe C Book "0" Page 939 Councilmember Carter express uLage 44 LOU election is compacted into three weeks of campaigning, because they won't be able to afford the media to help get their platform and name before the public, print posters, hire workers, etc. like that of a per son with money Therefore, he said, someone of lesser means needs more time to make himself know to the voters. He also felt the budget argument won't hold because he didn't get his budget until August, so he could not react to it before that. He said the ability to react to the budget is more dependent on the city staff than it is on when we are elected. Changing the joint election with the school combination and moving it to the Hospital District Election will reduce turn out, he said, because we will not have the benefit of the activity that has usually taken place germane to school board elections. He said we might help the hospital district get more votes, but we will not help the city by changing to January elections. He said it is foolish to campaign during a holiday season becaui that time should be reserved for family activities and people aren't interested in politics then because they are wanting to start fresh with a new year and other thoughts are occupying their minds. Because there is no logic here, he recommended staying with the May date and then made the motion to amend Section 1 of this ordinance to read, instead of the third Saturday in January to be on the first Saturday in May. Councilmember Bell seconded the motion. Councilmember Green indicated his preference for the May date also. Councilmember Barrett said he felt the average person elected to city office needs more than two months to even understand the budget and what it is talking about. He said budgetary considerations are a serious matter because we are going to have to live with those decisions for a whole year. He said a January election date is his preference. Councilmember Howard also agreed that a January date is best because councilmembers need to get a feel for what is going on before they begin making budget decisions.- Councilmember Carter said arguing issues is more dependent upon when you are presented the information about those lemurs than on how long one has been on the Council. Councilmember Barrett said we are not talking about the following year's budget because we have tm understand this year's budget before we can address the following year's budget. Upon a vote on the motion to change the ordinance from the third Saturday in January election date to the first Saturday in May date, Councilmembers Carter, Bell and Green voted FOR this motion and those OPPOSED to this amendment were Councilmembers Hammock, Barrett, Gaines, Knotts, Howard and Mayor Monday. The motion, therefore, failed. Mayor Monday then called for a vote on the motion as prepared, the caption of which is as follows: ORDINANCE NO. 87 -22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ALTERING ITS GENERAL ELECTION DATE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO Councilmember Barrett made the motion to adopt Ordinance No. 87 -22 and Councilmember Gaines seconded the motion. Those in favor of this motion were Councilmembers Hammock, Barrett, Gaines, Knotts, Howard and Mayor Monday. Those opposed to this motion were Councilmembers Carter, Bell and Green. The motion, however, passed by a vote of six to three. Councilmember Carter commented that what we are going to do with this action is to lower voter turnout, complicate elections in this city with a holiday, and will hurt the city in terms of its govern- ment. He said you can do this, but this will be the result. CONSIDE ROAD BORE Consider bid 87 -3 -6 for a road bore under Highway 30 N to Easley Circle to provide service in conjunction with the C.I.P. to Doc's Roadboring, Inc. in the amount of $6.500 Mr. Pipes advised this was a single bid, even though other boring companies were contacted. He said this work will provide basic water supply to the Easley circle area by the capital construction crew when they are though at Spring Lake. He then recommended awarding the contract to Doc's Road Boring, Inc. of Houston io the amount of $6,500. Councilmember Howard made the motion to approve this bid and Councilmember Knotts seconded th- motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT !' Recap of the FY 87 -88 proposed budget and supplemental presentations h7. Pipes presented new pages for the Council's draft budget, noting they still do not fix any figures in concrete, but represent the most recent, updated figures based on the Council's indications as we have discussed the budget in various stages to this point. He also presented a supplement to the Huntsville- Walker County Chamber of Commerce Proposed Tourism Budget for 1988 to be attached to that budget also at their places. Budget Requests from Outside Agencies Iourism Budget- -Mrs. Toni Bruner, Chamber of Commerce Tourism Division Chairman Mayor Monday then introduced Mrs. Toni Bruner. Mrs. Bruner introduced her support group: Gloria Pickett Wright, Donna Coffin, Jim Carroll, Don Kraemer and Jerry Nemec, who are a part of the volunteer force at the Chamber who work with the tourism budget. She also introduced Dee McFarland, Tourism Coordinator at the Chamber and Roy Williams. who is President of the Chamber. Mrs. Bruner said because of the economic conditions, they are looking at tourism to bring Huntsville back on the road to recovery. She noted businesses in Huntsvi>>e have asked the Chamber Tourism Commission to bring visitors to Huntsville. She said this will require coordination and cooperation, noting it has to be a unified effort within the community and she will be happy to find a place for everyone to participate in this effort. She then presented a flier just developed which promotes weekend packages for the tourists, the first such effort being in July with the Great American Race. She said the next weekend planned will be October 2 -4 which will include a musical, Fair on the Square, Bearkat Football game, a chili fest, a square dance festival, a dance by the Fair Association, a baseball memorabelia sports show and a run. The October 31st weekend there will be homecoming and another dance. She said this flier will be placed in every envelope that is mailed outside the city during the next month. SHSU has a large mail -out going because they are having a game in Houston and they will insert this flier in their mailing. She said the flier talks about great October weekends and on the back is a listing of all the hotels and motels, all in an effort to encourage people to come to Huntsville to spend some time with us. Another weekend is planned in December as a kick -off for the Christmas season to be called "Old Fashioned Christmas in Texas," which will include a home tour on Saturday and a church tour on Sunday. Roy Williams of the Chamber then presented the 1988 proposed budget of the Tourism Division of the Chamber. He said the contract between the City and the Chamber is now in its 13th year as the enabling ordinance for the hotel -motel tax was adopted In 1974 to become effective in 1975, at which time the Chamber and City entered into a contract. He said the legislature made the hotel -motel tax a possibility for the city to collect itself or contract with an outside agency to do it. He said the first year, this tax brought in about $19,000 and in the most recent year, it created some $100,000 plus. In 1983 and 1984, it began to level and show some very modest growth and then it dipped significantly in 1986 and it is now leveling in 1987 based on what happened in 1986. He noted t'is is reflective of all of the state and the south in general. He said in a ten year period, the total travel expenditures have more than doubled from in excess of $11 million to almost $24 million in Walker County. In addition, travel generated payrolls M. S. Data 4 Travel Center) almost doubled from $2.2 million to almost $4.25 million. Travel generated jobs have decreased from 465 to 425 and local tax receipts have nearly tripled from $117,000 to roughly $330,000 in 1995. This is a very brief ten year history, he said. Book "0 Minutes of Sept 1 1417 Mr. Williams then reviewed the annual report for 1916 with the Council which showed the income for 1986 was actually $74,566 out of a projected $105,894. Mr. Williams then presented the proposed 1988 Tourism budget and said he is projecting that the hotel -motel tax, or at least 752 of it will be $80.000 and that is what they are . projecting for their budget. Hesaid the chamber will then budget $60,000 of its funds directly into tourism development for a total project 1988 budget of 1140,000 to be allocated as follows: $55,000 in salaries; $9,000 in employee benefits; $66.000 for direct program expenses (visitor development, convention development, event development, marketing and advertising, special events, postage, printing, travel, gifts; and $10,000 for indirect program expenses (utilities. physical plant, office supplies, dues and subscriptions). He said the primary difference in this budget and those of previous times is that there is a considerable reduction In the cost of staff to administer the program and a considerable emphasis and increase in direct program expenses as listed above. Roy Williams then requested the Council's approval to use $25,000 from the fund balance, as of 12/31/86, of I 150,683, to pay projected expenses for 1987 in the amount of $100,000 because their projected 1987 revenues for I 1987 are only $75,000. He said the fund balance had been restricted by the previous tourism councils and divas- ions cf the Chamber for these various reasons and it was anticipated years ago char there would be some time in the f%_ture that revenues would not meet expenditures, or that expenditures may have to exceed revenues because of!. some specific need. He said it is then projected the fund balance on 12/31/87 will be $25,683 which will be carried over as a fund balance for 1988, which the Tourism wishes to retain because of cash flow problems between . the time expenses are actually incurred and the time the tax revenues get to them. This fund balance will allow them to ride over those times, he said. Patricia Allen, Director of Finance, made the following basic recommendations to the Tourist Council on their budget. She said the city is on a fiscal year basis and the Chamber is on a calendar year basis and it would be good to get the Chamber's accounting as close to what we are used germane to the city's budget as we can. She said in the city's budget, allocations lapse at year's end (September 30), the budget is approved October 1, and anything that is not spent by the end of the budget year is carried forward into the next year and reallocated. She requested perhaps the Council may wish to do this with the Tourist Division so that if at the end of their budget year, there is $30,000, the Council may wish to take a portion of that and reallocate it for a line item in the next budget year and still maintain a cash fund balance to cover shortfalls. She said the revenue estimates are down from anticipated, due somewhat to delinquent hotel -motel tax collections. She said the Council may wish to have the City Attorney look at any of the alternatives that might be available to us as far as pursuing those collections. she recommended the Council consider a mid -year budget adjustment if the revenues for 1987 and 1988 come in higher than projected, as we do with city funds. Mayor Monday asked the Council to approve the Tourist Council Budget and the recommendations made by ' Patricia Allen. Discussion: Councilmember Carter indicated his dissatisfaction in receiving the Tourist Divisio budget so late. Mr. Pipes apologized for failing to get it to the Council earlier and having to place it before them tonight. Councilmember Carter expressed some concern for how employees were split between chamber functions and tourism functions and how the accounting and payroll for that split is handled. Mr. Williams noted there is one person primarily for program coordination, but there will be other employees, including himself, who will spend time on Tourism matters throughout the day as when a visitor comes in, theydon't wait for the program coordinator to go greet that visito4 so whoever is in the office does it. He said their intention 1s to get the job done rather than not deal with a visitor because a certain person is not in the office. He said this budget says we are going to get the tourism job done with that amount of money. Councilmember Carter also advised that the state legislature passed a law this time that indicated that direct operating costs of administering these 1 hotel -motel tax dollars could not be used by cities and their intent was also, but it didn't make it through the process, that they were not to be used for direct operating costs of the Chambers of Commerce. as was expressed by a number of legislators. He said the budget indicates $5,000 will go to utilities, physical plant, office supplies, etc. He said he didn't know how we separate the need of the chamber for utilities for the need of the ■ Tourism Division for utilities. He said he is also told we cannot use those monies for historical develop sent or historical entities for museums. He said he doesn't see the difference between those entities and the Chamber. He said he would prefer that the $5,000 budgeted for indirect program costs be used directly for " program expenses. Mr. Williams said office supplies are very direct and can be moved from indirect to direct which will transfer some $500. He said the Chamber maintains a 24 -hour visitor's center (brochure rack) also (as part of the physical plant cost). Councilmember Barrett noted City Hall does not have the facilities to ho .: ;e this Tourism Division and it would have to pay for it somewhere else. The Chamber just happens to be the most logical place for it, he said. Councilmember Gaines commended the Chamber and the Tourism Divison for the wonderful work they do and the many, many volunteer hours that are spent for the good of Huntsville. Mr. Williams said there was in excess of 2,000 volunteer hours put into it this year. Mayor Monday called for a motion on this budget. Councilmember Barrett made the motion to approve the budget and Councilmember Gaines seconded the motion. Mayor Monday said she feels we are on the brink of a very exciting opportunity as she firmly believes that tourism is an economic tool to help Huntsville to come back out of this economy because it fits environmentally, historically, and has many, many pluses in this community. She pledged 1002 personal support to the Tourism Division. Councilmember Green expressed his appreciation for the tourist group working with SHSU by hosting the parent's reception this summer for all of the freshman orientation. Councilmember Carter urged that everyone jump on the bandwagon, because every dollar we spend directly on tourism has his 1002 support. Upon a vote on the motion on the floor, it passed unanimously. Twelve month operation of the city swimming pool -- Y.M.C.A. -- Executive Director, Mr. Ronnie Rodes Mr. Bodes introduced the Y -Board president, Mr. Mike Canon. He then proposed a program to operate the City swimming pool after it closes down at the end of the summer, beginning in September to run on a year- around basis to offer a variety of programs for people of all ages. He said when summer arrives, the Y would like to work with the council to coordinate programs for the summer season as well or replace existing summer programs. He said before they can invest the time, energy and money, to cover a facility like this and heat the pool for the winter months, they will need the Council's commitment that they can work together on this, assuming their program is successful and that they can conduct year - around programs. And, he said, if the Y decides to move into another facility of its own, or if the Council feels like it needs the pool back, would the Council buy . back the facility on a pro -rated basis. Mayor Monday noted while she supports the Y's activities, she feels strongly that we should support the HEAP program's swimming activities and the free swimming program. She said she would support the Y's use of the swimming pool after hours and after it closes down for the summer. After some discussion among some members of Council, there was a consensus in agreement with Mayor Monday's comments. Mr. Canon noted they never intended to disrupt the HEAP program, but want to work with the city to provide more I" pool programs. Mayor Monday noted then a letter outlining the council's consensus will be sent to the Y so that [ they can proceed with the development of their program and the City will be looking at the formal budget. Mayor Monday noted, however, the chances are very slim that the city can participate in the cost to heat or cover that pool. MAYOR'S ACTIVITY REPORT Elkins Lake Contract Revision Proposal Mayor Monday presented this agreement for water, sewer and garbage services between the City and Elkins Lake Municipal Utility District for the Council's review which will be effective in 1989. CITY COUNCIL MINUTES September e, 1,87 Book "0" Page 941 Mayor Monday review the salient features of this proposed contract for the Council's information. Councilmember Green asked several questions for clarification. Ne asked that the contract specify who will decide if we expan, the system or purchase a new treatment capacity, the City or Elkins Lake. The City Attorney, Scott Bounds, ■aidy it would be a joint decision if it was to purchase; if it is in regard to construction. the District would have 4 the unilateral right to do that. Mr. Bounds noted he will add this further provision to the contract as a S matter of clarification. After some further discussion and comments of the Council, the Mayor obtained a !' consensus to proceed with the final draft of this contract, as amended by Councilmember Green. COUNCIL ACTION Consider formalization of an environmental policy related to capital construction work -- Councilmember Bell Councilmember Bell developed proposed guidelines for the installation of eater and sewer lines in the City which were based, in part. on his experiences at Spring Lake when utility construction work was done there. He was concerned that trees, shrubs and other plantings be given every consideration when utility line work is done in the city, even if it means bending the utility lines to go around them. Councilmember Barrett noted the Spring Lake situation was different because it has a 30 foot right -of -way and a bar ditch whereas most of the city area has only a four foot right -of -way which will prevent too many innovative line changes to avoid trees, etc. Councilmember Knotts felt we should enforce the fact that homeowners are not to plant anything in the city's right -of -way and that the city keep that right -of -way clean to prevent this sort of thing from ever coming up again. After much discussion on the pros and cons of these guideline% by members of Council, it was the consensus of the majority of council not to adopt these guidelines since this matter is addressed in the development code and the staff is already working to preserve environmental and aesthetic concerns of the com- munity. Applications for Board and Commission Members Councilmember Bell expressed his preference that the city take applications from the interested public to serve on the city boards and commissions. He recommended that when there are vacancies, that applications be solicited from the public for consideration by the Mayor and Council. Concerns that City is subsidizing County's Fire Program Councilmember Be11 formally requested the staff provide an analysis of how much the city has spent on count q fire suppression vs. how much it has spent on city fire suppression; an annual accounting to include mileage, 4 number of man hours, trucks used, depreciation, etc. Mr. Pipes advised that can be provided. 1 GSU -- Underground Utility Lines Councilmember Carter noted he understands GSU has the information requested on the possibility of under- ground utility lines. He asked that the city pursue obtaining that information immediately. Flight Patterns - -Noise Problems at Spring Lake Councilmember Carter expressed concern that residents of Spring Lake have noticed increased noise over 7 their neighborhood because of what appears to be an amended flight pattern over their area. Mr. Pipes advised r there has not been a flight pattern change but any increased noise being observed may be an element of the '! change in the season and wind direction or random aircraft flying to an airport beyond that area. i Burglaries -- Avenue 0 Hill Area Councilmember Carter expressed his concern for the rash of burglaries and vandalism in the area of Avenue 0 south in the hill area. He asked if the police department keeps records of patterns of burglaries in neighborhoods. Chief Eckhardt said the department does keep track of crime patterns in neighborhoods. Avenue J area - -Loose Dog Problem Councilmember Howard advised there is a problem in this area now with dogs running -at- large. MEDIA INQUIRIES After some questions from the media, the council meeting then adjourned. ADJOURNMENT y d h DeShaw, City Secretary September 8, 1987