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MIN CC 10/20/1987PAGEfr+58 BOOK "0" OCTOBER 20, 1987 MEETING f CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE AND COUNTY OF WALKER, TEXAS, AT 6:45 P.M. MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20T$. DAY _OF OF-OCTOBER, 1987 IN -THE THE_CITY HALL COUNCIL The Council met in a regular session with the following members present: Jane Monday, Mayor City Officers Present: 0. Eugene Barrett Gene Pipes, City Manager Gary Bell Scott Bounds, City Attorney Jim Carter Ruth DeShaw, City Secretary Ila G. Gaines Bill Green Sill Hammock Bill Knotts Councilmember absent: Percy Howard, Jr. FORMAL SESSION Mayor Monday then called the formal session to order. Pastor Donald Kasper of the Faith Lutheran Church presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve of the minutes of the Council Meeting of October 6, 1987 and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Mr. Bob Koenig, 511 Elkins Lake, to discuss a crime prevention program concept Mr. Koenig advised the council of a proposed "Huntsville - Walker County Crime Prevention Association," which will be a non - profit association strictly of volunteers. Its main goal will be to assist the Huntsville Police Department in its crime prevention efforts. He said due to budget constraints, manpower shortages, etc., sometimes the channeling and focusing of police efforts in more important areas cause the need for assistance in other areas. Mr. Koenig said this association would be under the direction of the Huntsville Police Department and would coordinate with it on a daily basis germane to what the Department feels are the crime prevention needs in this city and what types of programs it would want this Association to conduct for it. The Association's goals are fourfold, Mr. Koenig advised, as follows: 1) education of our young in the schools germane to crime prevention; when they grow older, they can bring those values and goals with them; 2) education of the senior citizens in the community; often they are the victims of con genes and other types of crimes of which they need to be aware; 3) education of our businesses germane to business - oriented crimes; and 4) organize neighborhood watch programs in the community and revitalize those already in existence. He said since this is a total citizen group, it can more readily coordinate with the Houston - Galveston Council of Governments and its crime prevention group and bring some assets to the City. Mayor Monday commended Mr. Koenig on this effort and noted we all welcome the opportunity to have citizen involved with us on this type of thing. She requested, however, that all of these efforts be coordinated with Chief Hank Eckhardt and that the program be reduced to writing so that we will have proper documentation. Also, she requested that any addendums to that written program be in writing and brought to Chief Eckhardt for his approval. Randy Rogers of Cable TV to advise of a program rate increase Mayor Monday noted she and the staff visited with Mr. Rogers this afternoon. Mr. Rogers will be coming back to address the Council next week regarding this rate increase. CONSIDER ORDINANCES Consider Ordinance No. 87 -31 calling an election of at -large officers of the City Council to be held on January 16. 1988 Gene Pipes, City Manager, then presented this ordinance, the caption of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 16TH DAY OF JANUARY, 1988, FOR THE PURPOSE OF ELECTING FOUR COUICILMEMBERS, ONE FROM EACH OF THE CITY'S AT -LARGE POSITIONS ONE, TWO, THREE AND FOUR; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; AND FOR THE POSTING AND PUBLICATION OF NOTICE. Councilmember Hammock made the motion to adopt Ordinance No. 87 -31 as presented and Councilmember Gaines seconded the motion. Discussion: After some discussion for clarification, a vote was taken on the motion. All were in favor of this motion except Councilmember Carter who voted opposed to this motion. The motion, however, passed by a vote of seven to one (note: Councilmember Howard is absent). Consider Ordinance No. 87 -32 amending Section 2- 45 - -fees for copies of certain records to provide for a fee for tax certificates Gene Pipes, City Manager, then presented this ordinance, the caption of which is as follows: ORDINANCE NO. 87 -32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION 2-45, FEES FOR COPIES OF CERTAIN RECORDS; PROVIDING FOR A FEE FOR TAX CERTIFICATES; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO Mr. Pipes advised this ordinance increases the costs for certified copies of birth and death records to reflect the new fees set by the legislature and to provide for a fee for property tax certificates. Councilmember Knotts made the motion to adopt Ordinance No. 87 -32 as presented and Councilmember Bell seconded the motion. Discussions City Attorney, Scott Bounds, advised here that the state legislature has recently authorized the transfer of the municipal function of the maintenance of birth and death records to the county where the city is the county seat: He said he will be bringing this consideration back to the Council prior to the end of the year so that this transfer can be considered formally by resolution. He said the city will want to consider this transfer because it will eliminate the duplication that now exists in this function. Currently, he said, the city records city births and deaths and the county records the county births and deaths. The state realized this duplication of effort in cities that are located in county seats and has provided for legislation to permit this transfer. Al were in favor of the motion to adopt Ordinance No. 87 -32 and it passed unanimously. MINUTES OF THE COUNCIL MEETING OF OCTOBER 20, 1987 BOOK "0" PAGE 959 Consider Ordinance adding a chapter to the Code of Ordinances to regulate smoking in public places. Mr. Scott Bounds, City Attorney, then reviewed the ordinance being proposed for consideration, which is taken largely from a similar ordinance adopted by the City of San Antonio. He also provided the Council with a copy of the City of Houston's Health Code Ordinance regarding smoking in public places. He advised the Council that the council tabled an ordinance germane to smoking some two years ago, which basically tracked state law and encouraged voluntary posting by business and establishments of the no smoking signs. He said the proposed ordinance now goes a little beyond that. He then reviewed the salient features of the proposed ordinance and that of the City of Houston and the City of San Antonio and clarified certain points in all with the Council. Councilmember Gaines asked if we have had input from the public, especially those who may be directly involved. Mr. Bounds noted he has visited with Mr. Tom Renfro of Casa Tomas Restaurant. Mayor Monday advised she has a letter from Mr. Renfro, which she then read to the Council. Mr. Renfro expressed his concern that the proposed ordinance has not been discussed with any restaurant establishment, nor have opinions been sought as to whether or not a smoking ordinance in restaurants should be considered. He noted privately owned facilities should have the right to determine if non - smoking areas should be provided, not a government entity. He urged the council to postpone any decision on this matter until more evaluation and input is obtained from those who would be effected most, the restaurant owners. (Note: Tom Renfro is the owner of Casa Tomas Mexican Restaurant.) Mr. Bounds noted he has not received any other input. He has, however, observed that some of the restaurants in the City already have a sign up that says: "No Smoking by City Ordinance," as if an ordinance were already in place. Councilmember Gaines expressed concern for what it might cost restaurant owners to enact the provisions of this ordinance (floor space, ventilation, etc.). Mr. Bounds indicated no study along these lines has been conducted, but generally, the cost would be fairly nominal. He said it would be required that 30% of the area be designated as "no smoking," and the separation requirements could be achieved by the arrangement of tables. While not objecting to a "no smoking ordinance," Councilmember Gaines felt more input is needed from those who will be most directly affected. Councilmember Hammock agreed with Councilmember Gaines in this regard, noting there has not been enough advance information available for the general public. Councilmember Carter noted the restaurant owners are not the ones most directly affected by this ordinance, but rather those people in the restaurant who would have to breathe someone else's cigarette smoke. Councilmember Bell agreed that non - smokers are most directly affected, but likewise, he is interested in soliciting a wide variety of opinion. He urged that this ordinance be brought back as early as next week along with the opportunity for the local expression of concerns before action is taken on it. Councilmember Green noted he agrees with the ordinance where it prohibits smoking in confined areas where one cannot move away from the smoke. Councilmember Barrett noted a local no smoking ordinance would offer more clout to those businesses that choose to post no smoking signs. Councilmember Carter noted he would be interested to learn of what kinds of costs restaurant owners feel this ordinance would impose upon them. It was the general consensus of the City Council to table this ordinance until more information and public input can be received. The ordinance will appear on the next city council meeting agenda and citizens are asked to provide the council with their opinions and concerns rior to that meeting by visiting with them personally or making a presentation during citizen input next Tuesday evening. CITY MANAGER'S REPORT Consider the monthly comparison of sales tax revenues. Gene Pipes, City Manager, reported the October, 1987 sales tax revenues reflect sales in August and show the highest level in four years, at $99,523.12, as compared to $96,282.16, $92,418.41, $96,977.43 and $80,283.40 over the last four years. He noted this is a hopeful sign that the economy is improving. Consider authorization for the City Manager to enter into a professional service consultation agreement with Cygna Corporation for telephone system replacement. Gene Pipes, City Manager, then advised the Council that Patricia Allen, Director of Finance, has been involved in an analysis of our phone system for the past several months. He noted the city's concern that it may be paying a very large amount for lines connecting the various facilities. He said the city is interested in receiving proposals for a telephone system that will meet the city's needs at the least possible cost. He then recommended the use of a consulting firm to provide the needed expertise in the bid process, evaluation, and installation. Four proposals from consultants have been received, ranging in cost from $6,760 to $9,945. Mr. Pipes then presented the staff's recommendation to enter into a professional service consultation agreement for the telephone system replacement with Cygna Communications of Houston in an amount not to exceed $6,760. He noted funds should be available from savings to be realized from replacement of our telephone system to pay for this consultant's service. In addition, the City Manager advised, this consultant should also be contracted to perform an audit on existing billings prior to removal of this equipment. The Council was advised that in 1984, the firm of AM -TEL was hired for this purpose, but apparently did not do their job well. In reviewing our existing system and current charges, he noted, we have determined that we have been overbilled in excess of $30,000 for circuits that have not been used since 1980. He said a claim has been filed with Southwestern Bell for a refund of these payments. Mr. Pipes advised we have been notified that Southwestern Bell is willing to make a settlement and a letter is on its way. While some of the consultant's proposals said they would do this type audit for a percentage of the refund, Cygna quoted a charge of $1,200 for the audit because it felt because of the 1984 audit and the claim already filed, there was probably little else to find. however, he said, Cygna will be happy to perform the audit on whichever fee basis the city desires. He then recommended the Council include the audit in the overall contract using whatever method of payment it desires. Councilmember Barrett made the motion to authorize the City Manager to enter into a contract with the Cygna Corporation for telephone system replacement in an amount not to exceed $6,760 and to further contract with them to perform an audit on existing billings prior to the removal of this equipment in an amount not to exceed $1.200 and Councilmember Green seconded the motion. All were in favor of this motion and it passed unanimously. Consider mobile home lot standards presently in effect and requested adjustments to those minimum lot sizes Gene Pipes, City Manager, advised Councilmember Carter asked that this item be placed on the agenda. He said it concerns proposed changes for minimum lot size standards for mobile homes to insure that all of our lot standards for residential dwelling units in the corporate limits of the city are, in fact, the same for all concerned. He said a number of discussions were held this afternoon concerning this topic and noted more time for discussion if still needed. He then deferred to Councilmember Carter for his assessment of this matter. Councilmember Carter advised the Council his recommendation at this time would be to table this item until further discussions can be held. He noted what we are simply trying to do is to make sure that everyone that builds a structure in the city meets the same lot size requirement. It was the consensus then of the Council that this item be tabled until more discussion can be had on the matter. Certificate for Achievement for Excellence in Financial Reporting Gene Pipes, City Manager, then presented this award, which has been presented to the City for the last several years, for its comprehensive annual financial report for the fiscal year ended September 30, 1986. He advised this award is presented by the Government Finance Officers Association of the United States and Canada to !' ggoovernmental units and public employee retirement systems whose comprehensive annual financial reports (CAFR's) are judged to substantially conform to program standards. He commended Patricia Allen, Director of Finance, and !', MINUTES OF [HE COUNCIL MtUi1NG OF uLlutiEK 19til tSUUI "U" rtuL yOU '-her staff along with Evelyn Teston, Administrative -Assistant-who-typed-the-report in addition to the City's auditing firm of Reynolds, Davis 6 White, noting the special assistance of Mr. Ken Davis of that firm. He noted we have received this award for seven of the last eight years and he was very proud to share this award with the Council once again. MAYOR'S ACTIVITY REPORT - -JANE MONDAY Consider designation of representatives to the Houston - Galveston Area Council General Assembly Mayor Monday then presented Resolution No. 87 -11 which designates Percy Howard, Jr. as the city's representative to the General Assembly of the Houston - Galveston Area Council for the year 1988; and which further designates that the official alternate authorized to serve as the voting delegate should the hereinabove named delegate became ineligible, or should he resign, to be Jim Carter. She noted both Councilmember Howard and Carter served in these same capacities last year and she feels it is important that they remain in those roles through 1988. Councilmember Barrett made the motion to approve of Resolution No. 87 -11 confirming these H -GAC delegates and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. Consider Arts Commission appointments Mayor Monday then presented the following names to serve on the Arts ,Commission: Mrs. Betty Herlong -- a reappointment for a three year term as Commissioner (1987 -1990) Mrs. Dorothy Thomason -- a reappointment for a two year term on the advisory board (1987 -1989) Mrs. Frankie Grover -- a new appointment for a two year term on the advisory board (1987 -1989) Mrs. Dorothy Cole -- a new appointment for a two year term on the advisory board (1987 -1989) Ms. Marie Jimenez a new appointment for a two year term on the advisory board (1987 -1989) Mayor Monday noted those members rotating off of the advisory board this year are Tim Franer (2 years); Leanne Woodward (4 years), and Mary Ella Montague (3 years). Other members still serving are Herb Muecke and Jack Staggs as Commissioners and Lynn Kelly, LuEllen Gibbs, James Peterson, and Ellen Goad, as advisory members. Councilmember Barrett made the motion to approve of these appointments as presented and Councilmember Gaines ! seconded the motion. All were in favor and the motion passed unanimously. COUNCIL ACTION Public Servants Day -- Councilmember Barrett advised he Councilmembers Bell and Howard participated in "Public Servants Day" appreciation barbeque held by the Church of the Nazarene on Sunday. He noted it was a very nice event. -- Councilmember Gaines advised she attended a seminar at the TML Meeting on "Economic Development in Texas," where she received information about tourism in Texas. She said a recent survey shows that during 1986, travel expenditures generated nearly Si billion in state and local tax revenues, about 290,000 jobs and a total payroll of almost 53.9 billion. She said this information should reinforce our commitment to tourism in our area, so that we too can get a piece of the pie. Mayor Monday asked the Council to mark the first weekend in December as it will be a major tourism event. Constitutional Amendments- -Mayor Monday noted Scott Bounds, City Attorney, will now review some of the proposed constitutional amendments. Mr. Bounds said at least 21 amendments will be proposed to the Texas Constitution in the November 3rd election. He noted the Texas Municipal League is encouraging cities to advertise and support the proposed Constitutional Amendment No. 17, authorizing the legislature to define for all purposes the governmental and proprietary functions of a municipality. This amendment is designed to provide a large measure of predictability and stability with regard to municipal liability. Mr. Bounds said a city has unlimited liability for damages for proprietary functions and the courts have been finding more and more city functions to be proprietary in nature. He noted a governmental function is one in which the state can limit the liability; for instance, at the present time, a city is liable for governmental functions up to 5500,000. This statute would clarify any possible ambiguity. He encouraged the Council's support of this amendment and noted he will be happy to provide a resolution for the Council to adopt next week. The Council agreed to have such a resolution prepared. Gene Pipes, City Manager, also advised of the importance of supporting the proposed Constitutional Amendment No. 23. He noted this amendment will provide authority for 5400 million in state bonds for water supply, water quality, and flood control purposes. He noted Huntsville was the recipient of Texas water bonds in the late 1970's, which solved our water problems for the current period and the next generation. He noted we have 10 million gallons per day capacity purchased and paid for in future water needs of the city. He said we could not have issued sufficient bonds under the City's bonding capacity to accomplish such a task. He noted many other cities in the state need this same help. He asked the Council to adopt a Resolution in support of this amendment next week also. Tourism in Texas City Picnic is Saturday -- October 26 -- Mayor Monday reminded the Council of this event at 11:00 A.M. Walker County Fairgrounds for a barbeque lunch and other activities. Dead Tree Behind Dairy Queen on 11th St. -- Councilmember Green advised this dead tree should be removed. Crosswalks Needed in Intersections -- Councilmember Green advised additional painted crosswalks are needed in those intersections where children are walking to school. He asked the City to check to see if it is our responsibility or that of HISD's. Mr. Pipes said this is the City's responsibility. Scavenging at Landfill -- Councilmember Bell asked the City'Manager to clarify the rules on this activity, noting the letter to the editor regarding a city employee involved in this activity. Mr. Pipes said the city ordinance provides that a person commits an offense if he takes, removes, or carries away MINUTES OF THE COUNCIL MEETING OF OCTOBER 20, 1987 ' Book "0" Page 961 from the city landfill any refuse, without prior written permission and approval of the City. He noted this applies to employees of the City as well. He said it is a personnel matter at this point and will be dealt with accordingly. Recycling Possible -- Councilmember Carter noted because of this incident on scavenging, perhaps we will once again realize the need for some sort of recycling, which will prevent much of these reusable items from getting into the landfill. Green Space at Huntsville Item -- Councilmember Carter noted with dismay that officials of the Huntsville Item have refused to provide an easement to the City for the needed green apace along Town Creek. He noted he hopes they will reconsider and assist the City in creating that green space. NEWS MEDIA INQUIRIES After some questions from the new media for clarification on the issues discussed herein, the Council then moved to adjourn this meeting. ADJOURNMENT Respectfully submitted, Ruth DeShaw, City Secretary October 20, 1987