MIN CC 07/17/1984PAGE 434 -- BOOK N -- JULY 17, 1984 COUNCIL FLEETING
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF JULY, 1984 IN THE CITY
OF HUNTSVILLE, COUNTY OF WALKER, TEXAS IN THE CITY HALL COUNCIL CHAMBERS, AT 7:00 P.M.
The Council met in regular session with the following members present:
William V. Nash, Mayor
0. Cunene Barrett
Murray A. Brown
Stephen E. Davis
Jerry L. Dowling
Bill Hodges
Percy Howard, Jr.
Jane Monday
Bob Tavenner
City Officers present:
Gene Pipes, City Manager
Scott Bounds, City Attorney
Ruth DeShaw, City Secretary
The meeting was called to'order by the Honorable William V. Nash, Mayor. The invocation was presented
by the Reverend Moody Phillips, Pastor of Cook Springs Baptist Church of Huntsville.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Councilmember Monday made the motion to approve of the minutes of July 10, 1984 and Councilmember Hodges
seconded the motion. All were in favor and the motion passed unanimously.
TOURISM DIVISION BUDGET REQUESTS
Representative of the Chamber of Commerce Tourism Division Concerning their 1984 Budget Requests
Mayor Nash then introduced Mr. Bryan Bergstrom, President, Chamber of Commerce, to present the request
of the Tourism Division. Mr. Bergstrom introduced a report on the 1983 activities of the Tourism Division.
He gave a brief history on the Tourism Division He noted the hotel -motel tax (3 %) was enacted by the state in
1965; during 1967 it was increased. Huntsville- Walker County decided to use the hotel -motel tax in 1974 for
development of tourism in this area. He noted a contract was entered into with the City in 1974 fcr the use of
this tax for tourism and it adopted the Hotel -Motel Occupancy Tax Ordinance allowing a 3% tax; 536,000 was
collected in 1975. He said the funds have grown over the years to a high, in 1982, of approximately 5130,000.
He noted it decreased in 1983, because of economic conditions, but has now started back upward. He noted the
Tourism Division was created to use these funds and he felt it uses them most efficiently to the benefit of
the community. Mr. Bergstrom noted in 1976, the first full year of the collection of the tax, 536,488 was
realized and in 1977, 550,335 were acquired. He noted in 1978, the Council raised the 3% tax to 4% and in
1980, 5100,576 in revenues were collected. He advised that in 1983, revenues were down 22 percent.
After a review of the volume and activities of the Tourist Bureau by Mr. Bergstrom for 1983, he then pre-
sented a breakdown of the preliminary 1985 budget to the Council. The 1985 budget totals $102,944 which is
the projected revenue from the hotel -motel occupancy tax,: leaving 25% (534,661) for the Arts Commission and
the 1°S (51,040) for the City's administration fee outofthe anticipated gross revenue of 5138,645 for FY 1985.
Mr. Pipes noted the City staff has incorporated these budget figures into its 1984 -1985 budget report. The
Tourist Division to spend these funds as follows: programs and services (539,119); administration (543,173);
operating and building (516,822); and education, travel, dues and subscriptions (53,830) for a total of
S102.944. •
Roy Williams, Executive Director of the Chamber of Commerce, advised the Council that the legislature
increased the hotel -motel occupancy tax for the state from 3% to 4% and gave cities the option of increasing
the tax from 4% to 7 %. He noted Houston has increased their hotel -motel tax to 7 %.
Mayor Nash thanked Mr. Bergstrom for his presentation. He noted the Council may have additional questions
as it continues its review of the budget and this request and that he may be invited back to answer those
questions.
DISCUSS SETBACK LINES AT FNB DRIVE -IN FACILITY
Mr. Miller Erwin, Erwin and Associates, to discuss setback lines at the FNB drive -in facility on 10th Street
and Avenue N.
Mayor Nash asked Mr. Scott Bounds, City Attorney, to discussed this situation. Mr. Bounds reviewed the
"conflicts of interest" statute which becomes law on January 1 and how it applies in the discussion of this
topic this evening, since members of the City Council hold interest in First National Bank. He noted the new
statute defines a conflict of interest to be: "a person has a substantial interest in a business if he has an
ownership of 10% or more of the voting stock or shares of the business or if he has an ownership of 52,500
or more of the fair market value of the business entity." He noted ownership in a competitor bank is not a
conflict of interest; however, should someone in this category wish to abstain because they feel they do have
a conflict of interest under the charter provisions, they may so abstain. Mr. Bounds noted all those on the
governing board (Council) who do have a conflict of interest as detailed above, should file a statement with
the City Secretary and refrain from participation in the discussion of this item.
Mayor Nash noted Councilmembers Monday, Hodges, Barrett and himself have filed these affidavits regarding
this matter and will, therefore, refrain from participating in the discussion. Mayor Nash asked Councilmember
Brown to preside, being the next senior -most member of the Council.
Mr. Miller Erwin then requested the Council's consideration of an exception to the city's setback require-
ment for the FNB drive -in facility on the northwest corner of Avenue N and 10th Street. He noted the tract
consists of 29,500 square feet with 5,000 square feet devoted to landscaping, 3,000 square feet of building and
approximately 21,500. 'square feet of paved area. Mr. Erwin noted the area in question is located on the north
portion of the property adjacent to Southwestern Bell's warehouse. He said it is 110 feet off of Avenue N and
140 feet off of 10th Street. He said the variance he is requesting is a release from the city's ordinance
which states that a setback line should be 10 feet off of the property line. He said a zero building line
ordinance exists in what once was the downtown area. He noted this boundary line now is just across the
street. He noted if this area were to be considered as "downtown," there would be no question. He noted
this small area in question is well away from anything.
Mr. Pipes noted neither the staff no the Council is authorized to grant a variance to this ordinance as
an ordinance provision was not provided. Councilmember Dowling noted the staff and council should study the
question of whether or not to expand the downtown business district limits as a long term response. Council -
member Dowling felt a short term response was more difficult and he could offer no solution at this time.
July 17, 1984
BOOK N, PAGE 435 '•l'1
City Attorney, Scott Bounds, noted all the Council can do is perhaps consider including this area in the
boundaries of the downtown business district to resolve the setback problem; in regard to the driveway cut prob-
lem, this can be subject to the Board of Adjustments and Appeals; or make it quite clear that building setback
questions are referable to the Board of Adjustments and Appeals. Councilmember Dowling noted there needs to
be a mechanism for relief under these circumstances (include in downtown business district, or allow posts and
pillars in the set -back line). Councilmember Davis noted this sort of situation will arise again and again, so
something needs to be done. Councilmember Dowling suggested eliminating the canopy from the construction
and other members of council suggested redesigning the canopy. Councilmember Davis noted he wants a reasonable
alternative when our guidelines do not really come into play under the intention of the ordinance, such as in
this case. Councilmember Dowling felt we should look at the problem in more detail and not just at FNB's
problem, warning not to deal with these situations on a "onesies" basis. Councilmember Brown asked the City
Attorney to bring the Council three alternatives on which they could vote and to elaborate on the pros and
cons of each alternative recommended.
Miller Erwin asked the City Manager, Gene Pipes, if he comes back with a site plan that eliminates that
wall, whether it is cantilevered or whatever, if there would be any reasons why he could not get a building
permit providing he meets the criteria of the Board of Adjustments and Appeals. Mr. Pipes noted this is the
only problem that exists, to his understanding. Mr. Erwin noted the two problems then upon which variances
are needed : 1) a curb cut of 19 feet and the minimum is 20 feet (this can be eliminated easily by moving the
curb over one foot); and 2) we have three openings in lieu of two (three are needed to keep the truck and van
traffic away from the car traffic) - -he noted the plan did eliminate two openings already to get it down to
three. Mr. Pipes noted the wall is the problem and if it is removed, we do not have a problem. Mr. Erwin
thanked the Council for their attention to this matter. No action by the Council was taken. The discussion
then ended.
ABANDONED VEHICLE ORDINANCE
Mr. Jack Spence, Spence Motor Company, to discuss the City's abandoned vehicle ordinance provisions
Mr. Jack Spence appeared before the Council to discuss Section 12 -100 of the Code of Ordinances, "Abate-
ment and Removal of Junked Vehicles." He noted this code gives the Police Department the authority to go any-
where in Huntsville to judge a vehicle to be a nuisance. He noted the Police do not have an investment in that
vehicle and therefore has no concern for those people whose hard - earned money that vehicle represents. He
noted many people drive 10 -12 year old vehicles and the parts these abandoned vehicles supply is the only way
these people can keep their vehicles running. He objected to the contract the city plans to let with a local
wrecker service that will guarantee an income to a defense against all comers, for that wrecker service.
He asked the Council to run a test on other cities to learn first hand what they are about to inflict on the
citizens. He asked them to check with Conroe, which has a similar program. He warned that beautification may
be distorting our judgement. Mr. Spence noted the ordinance does not protect the lien holder. He requested
a review of the ordinance before the contract is let with a wrecker service.
Mayor Nash asked the City Attorney, Scott Bounds, to explain under what grounds a police officer would
have a vehicle towed away. Mr. Bounds noted a vehicle is a "junked vehicle" if it is inoperative, not have a
current license plate, not have a current Motor Vehicle Inspector (MVI) sticker, be partially dismantled,
dismantled, wrecked, or discarded. He noted only if -it meets all of those conditions is it considered a junked
vehicle. Or, he said, a junked vehicle is a vehicle which remains inoperable for a continuous period of more
than 120 days. Mr. Bounds noted the City plans to bid out a wrecker service to remove these vehicles because
it can get more reasonable storage fees and towing charges rather than the city having to pay a towing fee.
He noted he felt the wrecker operator would pay the city for the opportunity to salvage some of these vehicles
which are basically junk vehicles which the owner does not want anyway. He said notice is given both to the
owner of the vehicle and the lienholder and to the property owner where the vehicle is located that they should
either remove the vehicle within ten days or notify the city as to why the vehicle cannot be removed. He said
a public hearing process is provided in compliance with state law and federal law. Mr. Bounds noted too the
junked vehicle has to be on public property or visible from public property.
Mr. Spence objected to the authorization for the Chief of Police or his representative to come in and upon
private property to investigate a vehicle, noting this trespasses the boundaries of personal property. He noted
he is a lien holder on many vehicles in this category, and it has been his misfortune, outside Huntsville, where
notification has been deliberately withheld until such time as they create a storage- wrecker -and service fee
to make it prohibitive that this vehicle be redeemed by the owner. He cautioned that whomever this wrecker
contractor turns out to be he may end up being a bird -dog for the police department because there are many
junk cars that are worth 550 as a piece of iron, but they're worth $400 -5500 as parts. Mayor Nash asked Mr.
Spence if it would be helpful if the ordinance were changed to require that the lienholder be notified, rather
than have this aspect of the procedures just a policy. Mr. Spence said the lienholder should have the same
notice as the.owner is entitled to have. Mr. Spence noted his other objection is the Police Department has
the authority to determine whether or not a vehicle on private property is in fact a nuisance. He noted he did
not object to the removal of vehicles abandoned on the streets because they are a nuisance to traffic, but he
did object to the removal of vehicles from private property. He noted one man's junk is another man's treasure.
Mayor Nash asked Mr. Spence to work up a list of specific situations which have occurred here in Huntsville
that he specifically knows about that the City may have overlooked in his estimation and to present that list
to Mr. Pipes. He then asked that Mr. Pipes and Mr. Bounds review the list to determine a solution consistent
with the intent of the ordinance. Councilmember Monday noted her appreciation for Mr. Spence's appearance in
that he is a specialist in this area and it was important to have certain things pointed out. She noted she is
extremely interested in seeing the list he is to prepare.
BRAZOS TRANSIT SYSTEM
John McBeth and Rob Rydberg, Brazos Transit System, to apprise the Council on their plans and the extent of
local obligations
Mr. John McBeth, Executive Assistant for transit systems for Brazos Transit System introduced Mr. Rob Rydberg,
General Manager of Brazos Transit System employed to operate the system being proposed for Huntsville, Walker
County and the other new systems in the region which have been established. Mr. McBeth noted he met with
area leaders a year ago regarding the establishment of a transit system for this region. He noted at that time
representatives of these various interests were appointed to a transportation advisory committee whose purpose
it would be to design a general transportation system for the public. He noted the survey is complete, the
vintage 1890 trolley was added to the system to service the central business district and the historical areas
of Huntsville and its route was designed by this committee. He noted this system also includes three 30- passen-
ger buses which will be utilized early in the morning to transport employees to and from major employment sites
(TOC, industrial sites, SHSU), therefore eliminating a certain amount of the traffic flow from the streets.
He noted after delivery of employees to these sites, the buses will operate a shuttle service from apartment
complexes to SHSU for students during the day plus general public transportation to people for appointments to
doctor's offices, hospital, or anywhere the general public wishes to go along the fixed route that has been
PAGE 436, BOOK "N" -- JUNE 17, 1984 MINUTES OF THE HUNTSVILLE CITY COUNCIL
•
his organization indicated that the local requirements, the local match requirements for the system which is
roughly 25% of the cost of the operation of the system, would not be requested in cash but rather in donated
"in- kind" services - -be they office space, facilities, breaks on maintenance and labor, etc. He said the current
projected o eratin budget for the system is $100,000 per year. He noted 50% of this, since we are a Section
18 program rural equivalent to amurban transportation system) will be reimbursed to BTS [as the expense is
incurred and billed] by the Texas Department of Highways and Public Transportation. He noted 25% of the remain-
ing 50.°, which is a cash requirement, will be borne by Brazos Transit Systems. He noted the remaining 25%
will be requested from the local community organizations and entities in the way of "in -kind services," rather
than cash (office space, utilities, maintenance facilities, parking spaces, etc.). He noted the current
projected 25% requirement for "in- kind" is roughly $25,000. He made it very clear that Brazos Transit System
is not asking for $25,000, but rather for things to be donated which would equal to this amount. He noted
the system is subsidized with fares and any fares that are earned are subtracted from the total cost of the
operations prior to the local match being required or the local cash match which BTS puts up is figured. He
noted there-is a possibility that this 25% in -kind request will be decreasing if lots of dollars worth of
student passes and employee passes are sold. He noted this income is taken off prior to asking for the 25%
local matching in -kind contribution.
Mayor Nash noted the city's representative on the transportation advisory committee was city staff person
Bob Smith. Mayor Nash said Mr. Smith advised that an "in- kind" service that the city might provide would be
parking at the city's maintenance facilities (overnight parking). He said he knows of no other specific
requests for in -kind services. He asked if a list exists of things BTS needs that might be provided by the
City. He noted this list needs to be developed and discussed before there can be any determination. He asked
Mr. McBeth to advise what he sees as the continuation of this program and the continuation of the funding of it.
Mr. McBeth said this program is a solid federal program funded under the Surface Transportation Act, as amended
in 1974 (initially passed in 1972), and for the funding of this program to be eliminated, the federal government,
Department of Transportation, the Senate and the Legislature and the House would have to eliminate the entire
public transit system as it currently exists in the United States. He said this would mean they would have to
eliminate all of the general public transportation in New York City, Los Angeles, San Francisco, Atlanta,
Orlando, etc. He said the probability of the program going forward and being refunded every year is very, very
high or 99.9; assurred. He noted any adverse legislation has never gotten to committee because in the state of
New York (New York City), 85% of the population depends upon subways and buses and light rail systems to get to
and from work. He noted all one has to do to look at what would happen if it were eliminated is to look at the
last transit strike in New York City to see how it brought the city to a standstill.
Mayor Nash asked how much of this transportation system is in the city and how much is outside of it.
Mr. McBeth noted this system is based 90% in the city. He said the trolley is exclusive to the City, except
for special charters to groups during hours when it is not operating. He noted on weekends the two buses will
go out to outlying rural areas to bring people to Huntsville to do shopping. He said if the demand is high
enough, the buses may operate in other rural areas of the county at other times, but at this time there is no
indication that there will be such a demand.
Mr. McBeth noted there is already a contractor fulfilling the Texas Department of Human Resources program
to provide transportation to the elderly and the public assistance recipients to get them to and from doctor's
offices. He noted his organization does not intend to bid on that contract because it does not compete with
any other service available elsewhere.
Mayor Nash noted he has no objection to the City providing facilities or things which it has and would
not incur a dollar cost or involvement; however, he would object to getting involved in something which
might, at some future date, end up involving the city in the public transportation business Mayor Nash noted
that facilities that are used by all of the community (city and county) are many times funded solely by city
taxpayers (airport, landfill, library, public parks). He noted his preference that if there are costs to be
incurred by local public entities, that +they be funded totally from the county and not come in some split
situation which in effect works to the disadvantage of the city taxpayers who have to pay both splits as
county taxpayers as well. He felt this type of program would be better funded, if it is to be funded, by the
county of Walker. He noted our adjoining counties provide those services just mentioned, but Huntsville has
historically provided these particular facilities. He noted Huntsville is in the midst of a re- evaluation
of city services relative to the county, noting the city must rid itself of some of these solely funded
mutual services or the city will loose the quality of the services to which the residents have become accustomed.
He noted we are in a transition period during which we must transfer some of these costs to the county from the
city and this is not a climate during which we should pick up new and additional programs to share with the
county. Mr. McBeth understood this situation and noted this is the reason he is speaking to all of the organi-
zations which have a representative on the transportation advisory committee. He noted his organization is
not asking any one organization to contribute the total in -kind match. He noted it is BTS's desire to increase
the quality of life in Walker County. He noted they are working with the Chamber of Commerce regarding attract-
ing businesses and industry. He noted currently it costs a business $6,500 to build one parking space. He
noted if they have 100 employees, they're going to spend $6.5 million for parking spaces. He noted if there is
a reliable, general public transportation to get employees there each morning, this means they have to buy less
land to build their building on, less parking spaces, and they can therefore look at Huntsville as being a much
better place to locate. He noted a park and ride lot will be utilized. Vans will take TDC officers to the
outlying TDC units, substantially reducing the parking needs in those areas now with the Walls Unit parking
area beigq the most congested. He noted very low cost van pools will be used to take employees to the outlying
TDC units.
Councilmember Dowling noted he did not recall there being any discussion a year ago about a 25% local
match and he echoed the Mayor's concern that the city refrain from becoming involved in the possible future
operation of a public transportation system. He asked about the legality of the city providing in -kind park-
ing space; noting that while BTS is a non - profit corporation, the city would be giving away some things of value.
He noted in similar situations such as this we have contracts with people (little league baseball as an example).
The City Attorney, Scott Bounds, noted we would have to enter into a little league type service contract with
BTS for their providing a service in exchange for us providing an in -kind service. Mr. McBeth noted the local
match requirement was presented to the Council one -year ago in the canned -slide show they viewed in their
meeting and stressed that he did make it clear that BTS would not be requesting cash but in -kind contributions
only. He said cash is usually requested in other cities, but because of Huntsville and Walker County's
limited tax base, it was not planned to request cash in this area. Councilmember Monday noted the local
in -kind match has always been discussed in all meetings of the transportation advisory committee. Council -
member Hodges felt this whole concept was going to be a good deal for the City and County and he urged the
city's support through some kind of in -kind contribution. Councilmember Monday said there are several agencies
being served and that SHSU will profit a great deal from this as well as TDC and the County. He noted if the
in -kind services are spread around, we can get a great deal for very little. Councilmember Dowling asked
what impact this system would have on the taxicab business. Mr. McBeth noted the routes are fixed on the buses
and vans whereas the taxicabs do not operate a fixed route, thereby offering the consumer a different type of
service. He noted BTS is not a demand response operation.
Mr. McBeth noted the trolley currently is visualized as servicing the central business district; the buses
will never come into the central business district but will always skirt it; the Sesquicentennial Commission
has set the standard for the benches which are being purchased for the community and the trolley carries this
CAMP motif
}�t
CITY COUNCIL MINUTES OF JULY 17, 1984, BOOK "N" PAGE 437
Mr. McBeth noted that a 30 passenger bus will eliminate 30 cars from your streets and highways. Mayor Nash
summarized that the Council is certainly interested in improved services to the community, especially in the
form of transportation to the citizens and in the traffic situations as they exist. He noted, however, that
the Council still has concerns for any private enterprise whose business may be in jeopardy because of this
competition, concerns about not getting into the public transportation business, and concerns about what our
"in- kind" match will be since we don't know specifically what that should be. He noted the Council's enthusiasm
is somewhat tempered by those particular concerns and without those concerns, he might see even more enthusiasm.
He noted as soon as Mr. McBeth can get something specific to the Council as far as suggested in -kind services
for their consideration, the Council will take some action on it. He noted the Council also strongly encourages
Mr. McBeth to contact these other agencies and entities regarding their assistance to see if they can give them
a substantial portion of what is needed. Mr. McBeth noted it was never their intention that the City provide the
entire in -kind match required.
CONSIDER HYDROANALYSIS WORK ON PERSIMMON CREEK
Consider a consultant proposal from Everett Griffith, Jr., and associates for hydroanalysis work on Persimmon
Creek south of the N. B. Davidson Wastewater Treatment Plant in an amount not to exceed $1,600, to be allocated
from water and sewer unallocated reserve, which has a balance of $6,280.
Gene Pipes, City Manager, presented a memorandum from F. Boyd Wilder regarding drainage area analysis for
the N. B. Davidson Waste Treatment Plant; Foster Estate. Mayor Nash noted the staff is recommending this
analysis to assist the City in resolving problems with drainage on the Foster Estate property adjacent to the
treatment plant. He noted $1,600 was bid for this analysis by Everett Griffith, Jr. and Associates. Mr.
Wilder's memo revealed that this amount is not budgeted and would need to be transferred from the unallocated
reserve fund which has a balance of 56,280. Councilmember Hodges made the motion to approve of this study
and to authorize the transfer of funds as presented and Councilmember Monday seconded the motion.
Discussion: Councilmember Dowling noted he thought this problem had been resolved with the acquisition of
property, etc. Mr. Pipes, City Manager, noted a study was done by this firm about three years ago in conjunc-
tion with a case pending at the time. He said that case has been resolved. He said there is considerable
other land, some five miles, that is affected by the discharge of that plant. He noted this study would try
to resolve the problem immediately adjacent to the plant and to take a look at the overall discharge in order
to ward off any more cases like we've had before. Councilmember Dowling asked where does the city expect this
study to lead us. Mr. Pipes noted there may be a need to channelize Persimmon Creek in certain areas. He said
the city is not looking at purchasing additional land, however. All were in favor of the motion on the floor
and it passed unanimously.
CITY MANAGER'S REPORT
Gene Pipes
Flashing Light on 7th Street behind Samuel Houston Elementary School
Mr. Pipes noted Councilmember Barrett requested a flashing light in the school zone on 7th Street some
time ago. Mr. Pipes felt the city could do this with parts and equipment taken off of other sites and with money
budgeted in -house but noted this is not the case. He advised the Council now the fact is that we cannot do
this and we need $1,100 to be transferred to the Street Department's budget allocation for this year in order
to get this work done prior to school starting. He noted no action is required tonight, but it will be brought
back in the next meeting for formal approval.
TML Resolutions
Mr. Pipes reminded the Council we are rapidly running out of time to get any resolutions submitted for
consideration at the fall TML meeting.
State TML Legislative Committees
Mr. Pipes noted also that TML is asking our City if any members of Council or appointed officials would
be interested in serving on one of three committees: Personnel Policies; General Municipal Affairs; or
Community Development. He asked that anyone interested contact him so their name can be submitted along with
any indicated legislation the city wishes to pursue. He noted in 1981, Councilmember Dickens served on the
Personal Policy Committee; Councilmember Brown participated on the General Municipal Affairs Committee and
Councilmember Monday served on the Community Development Committee. He asked the Council to review again their
interest in serving in any of these capacities.
Building Permit Application's Statement of Philosophy to "Save the Trees"
Mr. Pipes then presented a copy of the building permit application with an inserted statement concerning
the city's general attitude towards development. He asked the Council to review this statement and approve it
s6 that it can be added to all of the Community Development appropriate forms. Councilmember Monday suggested
a slight revision in wording so that the last sentence now reads: "We enthusiastically encourage you to use
innovative designs to help preserve our natural environment." Mr. Pipes noted he will be happy to make this
change.
Budget Session - -4:00 P.M. until -- Thursday - -July 19
Mr. Pipes reminded the Council of the budget review session to begin at 4:00 P.M. and continue until . . .
MAYOR'S REPORT
interagency Council Meeting
Mayor Nash noted TDC Director. R. A. Procunier was the host of this month's interagency meeting. He noted
this group will now meet the third Tuesday of each month at noon. He noted he and the City Manager had visited
with Mr. Procunier the day before this meeting to review with him all of the various items formulated by the
staff that jointly concerns TDC and the City and in which both have been involved recently or are continuing
to be involved, in an effort to bring Mr. Procunier up -to -date. He noted he and Mr. Pipes were impressed with
Mr. Procunier's willingness to be and get involved and he seemed much more interested in getting to the bottom
line on matters, rather than getting into any historical significance of a particular situation. He said
Mr. Procunier seems thoroughly convinced that the city will be involved in any future discussions about the
location of any additional administrative offices for TDC because of the city's need to provide utilities,
streets, fire fighting, etc. He recognizes the city's need to be a part of any TDC building programs in the
city, Mayor Nash reported. He noted he is very encouraged by Mr. Procunier's very positive response to the
needs and concerns of the City and County.
PAGE 438 -- BOOK "N" -- MINUTES OF JULY 17, 1984
•
0
Library Board Appointment
Mayor Nash placed the name of Kay Cox into consideration to fill the final remaining slot on the Library
Board. Councilmember Hodges made the motion to approve of the Mayor's nomination of Kay Cox for a three year
term, commencing July 1 and Councilmember Monday seconded the motion. All were in favor and the motion passed
unanimously.
Solutions to Specific Problems
Mayor.Nash cautioned staff that when they are asked to develop solutions to allay a specific problem
(such as the one discussed this evening for First National Bank), that they be careful not to bring back a
solution, on which only those without an interest can vote, which changes an entire code or policy, because
the entire council should be able to vote on such a change. He felt that since the full council cannot vote
on items such as this that any solution presented should affect that particular case and not impact entire
codes or policies on which the council in -full, voted upon earlier. City Attorney Scott Bounds advised the
Mayor that if an ordinance were'changed, the entire Council could vote upon it, despite the fact that because
of an ordinance amendment, a particular case like FNB's request, might be ameliorated as a result.
Councilmember Monday asked if perhaps the problems councils have regarding the "conflicts of interest"
statute provisions might be grounds for the development of an appropriate resolution to the TML. Councilmember
Monday felt the city should initiate such a resolution. It was noted the deadline for submitting resolutions
is August 15.
COUNCIL ACTION
HGAC Proposals for Funding
Councilmember Brown noted he will be in Houston for two days next week to review the next round of proposals
for state and federal funding for cities. He noted the cities of Huntsville and New Waverly are included in
the submitting cities list.
EMS Board Meeting
Councilmember Davis noted there will be an EMS Board Meeting next week. He invited Councilmember Dowling
to attend this meeting in his absence.
Solution to Problems Created by City's Setback Ordinance
Councilmember Monday noted she concurs with the Mayor's statement earlier regarding solutions to specific
problems. She noted she is interested in the general solution to this evening's specific problem with FNB.
whetherit is extending the central business district, allowing certain things to be covered and not covered in
the setback provision (ordinance amendment) or whether it ends up being some sort of variance procedure. She
said she would be interested also in some background information as to how often conflicts like this have come
up in the short time since the ordinance has been in effect.
Chamber of Commerce Breakfast
Councilmember Barrett complimented, the Mayor for the very good impression he has made with Mr. Procunier
(TDC Director), because at the recent Chamber breakfast, Mr. Nash's name was very favorably mentioned by
Mr. Procunier.
Trees in the Rights -of -Way
Councilmember Dowling asked if the city makes it their business to trim trees out of the rights -of -way.
Mr. Pipes noted they do if a problem exists in the utility easements or if the rights -of -way are encumbered
for some reason. Councilmember Dowling noted on 16th Street behind the Episcopal Church there is vegetation
growing over into the street taking an entire parking spot out of service. He also noted on the corner of
19th Street and Avenue 0 (Mr. Westmoreland's cedar trees) are causing an encroachment problem. Mr. Nash felt
the Street Department should take a look at these problems.
Conflicts of Interest State Law
Councilmember Hodges suggested that when this resolution is written by the City Attorney, that he should
consider in lieu of a dollar limit of $2,500 that this provision needs to be a percentage.
Water Rationing Not Necessary
Councilmember Hodges reminded the Council that Huntsville is still not on any kind of water rationing.
He noted other cities in Texas would be delighted to be in our situation. Mr. Pipes noted Corpus Christi is
now having to sell sewer effluent for lawn watering for $50.00 per load on a bobtail type tank truck through
private contractors buying the water from the City of Corpus Christi's sewer plants. A load is 500 gallons,
he noted. Mayor Nash noted that Lake Travis (Mansfield Dam) is down 40 feet. He noted Canyon Lake is 10 feet
down. Councilmember Dowling noted the Texas Water Plan will likely be a hot topic in the next legislature
(1985).
Hotel -Motel Occupancy Tax Increase
Councilmember Davis noted his interest in pursuing an increase in the hotel -motel occupancy tax rate for
the Huntsville area, noting the allowable tax rate has now been raised to 7 %. Mayor Nash agreed that it should
be reviewed, noting that when we travel to other cities, we do pay this higher tax rate.
ADJOURNMENT
_sp ully sub fitted, 1'.
uth DeShaw, City Secretary
July 17, 1984