MIN CC 08/11/1992CITY COUNCIL MEETING OF AUGUST 11, 1992
BOOK 'R" 84
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CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE
M IN THE CITY OF HUNTSVILLE, COUNTY OF
approached (I am doing this as a citizen, not as a fireman but I was there when this approach was made), 'where were you last'
WALKER, TEXAS AT 5:15 P.M.
week we really needed you ". If they had filled out a vacation form, they would have known he was at church camp stated Mrs.
'
The Council met in a regular session with the following members present:
W. H. Hodges, Mayor
Officers:
Dan S. Davis William H. Knotts, Jr.
Gene Pipes, City Manager
Ronald L Lange Gary Bell
Scott Bounds, City Attorney
William B. Green ABSENT: James L. Carter
Melba Byers, City Secretary
Charles Robinson ABSENT: lia G. Gaines
CITIZENS INPUT[INQUIRY
Mrs. Pamela Heaton. Mrs. Heaton voiced concerns regarding the policies and procedures of the Fire Department --
;. specifically: vacations, quotas, penalties/probation, volunteerism, staffing response, etc. Mrs. Heaton stated that her husband was
approached (I am doing this as a citizen, not as a fireman but I was there when this approach was made), 'where were you last'
week we really needed you ". If they had filled out a vacation form, they would have known he was at church camp stated Mrs.
Heaton. Mrs. Heaton further stated, they went on to say, "I don't care if you were at a funeral, the way the system is set up now _
on meeting quotas, if they fall then, that's when they fall ". What I am asking is that we take into consideration our firemen going
on vacation or out at a funeral. Mrs. Heaton was concerned about getting rid of firemen that don't reach their quota, especially
volunteer firemen who are performing a senwe for the community.
Mayor Hodges responded, it is my understanding for a fireman to maintain current status he must make half of the drills
and fires in each quarter. And, in fact, if they aren't able to make one -half then they are notified that they have not made the
one -half. It is not necessary for them to make up any drills. It is only necessary for them to be current in the next quarter. That
sounds like a pretty generous and reasonable schedule. Now, training is another set of rules. In fact, if we need some additional
training for all of our fire fighters, that is something this Council needs to address and I'll refer this to the City Staff and let them
come back with recommendations, if necessary. Basically, you have to make half of the fires and drills in a six month period to
remain on a current status. If you are not current, after a six month period, you are removed from the fire department.
City Manager Pines stated, you are written a courtesy letter at the end of the quarter notifying you that you are not
current and you must become current during the next quarter.
Mrs. Heaton further stated, if an emergency came up at the end of a quarter and you had several fires, you could not
meet your quota which could mean you are no longer a fireman. I am asking for considerations under certain circumstances. Why
would we want to get rid of volunteer firemen who have been on the force for years?
Councilmember Lange asked, if the fireman did not make the quota for the six month period and he was terminated,
does he not have the right to appeal this dismissal.
City Manager Pipes stated, yes, he would be subject to the appeal process.
Councilmember Green stated, it might be appropriate to simply review the vacation policy at it relates to that and seer
if there is a problem.
Councilmember Bell stated, I think we ought to have some kind of vacation policy. There are conceivable circumstances
where in a six month period you could be in jeopardy. I understand the City's explanation but I also understand that over a six
month period you could be terminated. I understand there is an appeal process but why put our people, in the last analysis are
volunteers who are essentially doing this for the good of the City not particularly for the good of themselves, through that process
when we could have a policy of some sort.
Councilmember Knotts stated, I can see where you could have an extenuating circumstance to where two or three days
could comprise six months of enough Gres (if you had three or four calls in one day) to cause termination. I think we should
review the policies and procedures.
REGULAR SESSION - CALL TO ORDER
Mayor Hodges called the regular session to order. invocation by Councilmember Robinson.
CONSIDER MINUTES OF JULY 28, 1992
Councilmember Robinson made a motion to approve the minutes of July 28 1992. and Councilmember Knotts seconded
the motion All were in favor and the motion passed unanimously. NOTE: Councilmembers Gaines and Carter were absent.
ATTENDING CITIZENS
None in attendance.
CITY COUNCIL MEETING OF AUGUST 11, 1992
-__COI
Mayor Hodges stated his is a bid to do drainage work on he 181h Street/Noah Speer project. Staff does recommend
' ! rejection of this bid due to project cost exceeding available funds from the property owner. Councilmember Green made a motion
to approve the rejection of this bid with a second by Councilmember Bell. The motion passed unanimously.
Councilmember Knotts stated, we are going to have to do something aren't we. Glenn Isbell, Director of Engineering,
stated yes, we will have to do about $14,000- $15,000 of our portion to keep the head wall. I will be in touch with Mr. Speer for
coordination on this project.
CONSIDER ORDINANCE NO. 92 -8 -11.1
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City Attorney Bounds stated, the State of Texas regulates the possession and use of alcoholic beverages. From 1935, '.
the state permitted cities and counties to prohibit the sale of alcoholic beverages within 300 feet of a church, school or hospital.'
In 1971, the City of Huntsville held a wet/dry election. The City adopted an ordinance which prohibited the sale of alcoholic
beverages within 300 feet of a school, hospital or church. At that time, there was no authority in the state law for there to be
variance procedures. So, if you had a permit to sale alcoholic beverages and a church, hospital or school located with 300 feet
of your establishment, technically, you would have your license forfeited. In 1983, the Texas Legislature amended the state statute i
i
to permit a city council to enact variances so that if under certain circumstances an establishment whether new or existing were
located within 300 feet of a school, church or hospital, they could sell alcoholic beverages. What I am suggesting is that council
consider adopting a variance procedure following the guidelines that state statute has I have presented to you a draft ordinance
which is in your packet, which basically follows the state law. I can think of one instance where I believe the door on the front
of the establishment went to the back of the establishment to meet the guidelines as the result of expansion by the Baptist Church
on Sam Houston Avenue. I think there may be a situation that could exist arising at Chiefs Drive -Thru Store. The old Minimax
location has been acquired by a church and it is within 300 feet of that existing property. So, these situation will occur predictably
in the future and council will need to consider the circumstances of each case in accordance with state law. I suggest that we
amend our alcoholic beverage code as set out. Councilmember Green made a motion to approve this ordinance with a second,
by Councilmember Davis. The motion passed unanimously.
Councilmember Robinson asked if they had just acquired the property or if the church was going to be on the property,
and are we talking about door -to -door front of the establishment or property line?
City Attorney Bounds stated they had bought the site. It is not currently being operated as a church, but it looks like "I
they are remodeling it to make it into a sanctuary, office space, etc. We are talking door -to -door.
ELECTION DAY RESET PROCEDURE
City Attorney Bounds stated that one of the recommendations of the management study was that council again consider
moving the election date from January to another election date. In the past, I had advised council that that would require an
action of the Texas Legislature because at one point and time the law was a city did not have the authority to move an election
date. In the process of preparing a resolution for council to send to Texas Municipal League, I discovered that the law had been
changed. In the end of the legislation of the last Legislative Session in one of the Election Bills, the provision restricting council j
from making a change in election dates had been omitted. I called the Secretary of State's office, they were unaware that that
had been omitted, but after reviewing it and checking it out with the Justice Department, they now agree that the City of
Huntsville as a Home Rule City whose charter prescribes its election date, the City by charter amendment may change its election
date. The Texas Constitution provides that no city charter shall be altered, amended or repealed oftener than every two years. '..
The next change that council can make by charter amendment is January 1994 election. At that point and time, council can submit
to the Electorate a proposed charter amendment to change the election date from January to another election date, which still
has to be a uniform election date of which you basically have three options: January, April/May and August.
Mayor Hodges stated that, at the proper time, maybe we can get a charter review committee appointed and ask for a
recommendation. No action is required. This is for informational purposes.
TRUCK PARKING ON 11TH STREET
City Attorney Bounds stated, at the last meeting we discussed parking of trucks on 11th Street. There had been a
problem several years ago. I reviewed my files regarding some things we had done to address that problem and I wrote a brief
explanation of that to Dr. Green. I have not received any complaints regarding double parking of trucks on 11th Street There
seemed to be consensus of council that this is not a particular problem at this time. No action is required by council. This is an
informational item.
WILLOW STREET RIGITT -OF -WAY
City Attorney Bounds stated that he had received a phone call from Mr. Ray McMillan. Mr. McMillan was upset
and asking that the City remove a pile of dirt and other materials that it had piled somewhere adjacent to Pine Grove Cemetery
CITY COUNCIL MEFIING OF AUGUST 11, 1992
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that we had in our street (Willow Street). Willow Street is a street that realty doesn't exist. It is not formally dedicated to the '
City. There is another drawing on the map where the street doesn't exist either. It is a trait that shows up on the aerial map but
that doesn't exist as a street either. The history as best as I can determine is the J. R. Murray Estate filed a partition deed in 1928
where they divided up this property between a group of heirs. The way they divided the property up was seven lots with about
three to four acres per lot and it basically encompasses all of the property -- the Paper Moon Subdivision, the McMillan property
and both of these streets that don't exist. It shows streets on the map, but they didn't construct the streets. That was just a
partition deed in the estate. There was no acceptance of that by the county or the city. There were some subsequent sales. Since
that time, this property has been divided out. In fact, another what appears to be a street on this map that isn't a street has been
created and Mr. McMillan bought his property at a tax sale in 1987 for a purchase price of $2,900. He apparently for some time
used a different property for access to the property he has acquired. The owner of that property has asked him to stop using that
as an seem so he is trying to find an alternate access to his property. Some time ago, the city attempted to acquire a right-of-way
to do a paving assessment project for Willow Street. At that time, the city did obtain from some of the property owners an
easement for a proposed street, which was about 1987. The arrangement the city was attempting to provide was that the property
owners pay a pro rata share to pay for the street and the city would make up some of the costs such as the cemetery and other
property owners that could not be assessed and the street be constructed. That deal broke down. At that time, the city did
acquire a right -of -way. I don't think there was any record of title for a street at that location. As far as I can determine, the city
has never accepted any plat or instrument dedicating this as a street and we have not maintained it as a street. In fact, we have
obstructed it as a street for access in part to cut down on vandalism to the apartments. The city has two or three options. The
city could go through a formal abandonment procedure and attempt to abandon any interest it may have as a street. The city
could go back to the property owners of the right -of -way that we obtained, because we at this point it does not look like we would
be able to infatuate the purposes for the property we obtained there. We could attempt to open up and construct a street to this
area. We could permit Mr. McMillan access over whatever rights we have here or we could permit Mr. McMillan to construct
a street which meets city standards.
Mayor Hodges asked what would happen if that pile of dirt was moved and a drive provided. What is the City's liability? '
City Attorney Bounds stated, I think the next question is once he starts obtaining access is what happens when he comes
in for a building permit for construction. Under our current building- development code, in order for the city to grant a building
permit, you have to have access to the public street or right -of -way.
Councilmember Knotts stated the city now has the right -of -way all the way through on Willow Street to Bowers Blvd.
So, we have the right -of -way from Magnolia. I hate to relinquish a rigbDOf -way.
City Attorney Bounds stated, I think we have all the easements. There may be one abandonment.
Mayor Hodges stated, this is the first time we have heard about this tonight. I am requesting this item be put on the
agenda a couple of weeks from now and staff come back with recommendations.
MAYOR'S ACHAITY REPORT
Mayor Hodges stated there was a vacancy on the Adjustments- Zoning Board. I would like to appoint Mr. Thomas
Leeper to fill the unexpired term of Mr. Clyde Murray who resigned to accept a position on the Library Board. Councilmember
Bell made a motion to approve this appointment with a second by Councilmember Knobs. The motion passed unanimously.
CITY COUNCILMEMBER ACTION
Councilmember Robinson stated he had been approached by the officers of the Greater Zion Baptist Church regarding
the property behind the church and the Good Shepherd Mission about the hazards of that gully. In fact, they informed me that
in a recent week an individual was raped in that gully. They are still piling things up and making little shelter houses and the
officers of the church are willing to do whatever they can to try and get that cleaned up- Mayor Hodges requested City Manager
Pipes to get with the Chief of Police and get back with Councilmember Robinson and try to resolve this matter.
Councilmember Lange stated that he noticed on the park downtown that we have lost about three trees in that park and
the reason is planting at the wrong time of the year. I know that we were under constraints by losing a grant from the Texas
Forestry Association but I hope in the future we will do better planning on planting things like that -
Councilmember Knotts stated he had talked with the Texas Parks and Wildlife Department in Austin last week and it
looks like we have a good possibility of losing our fish hatchery program. The federal money was proposed on a two for one
match, federal money to state money. In the whole Lone Star Lunker Program that was set up to renovate fish hatchery, the state
raised $42,000. The total amount of estimate on the construction for redoing the Huntsville Fish Hatchery was about ten million. z
So, we needed something like three or four million state money raised. It doesn't appear that that kind of money will come from
hunting and fishing licenses. They are approaching it now the same way that they do prison sites. So far, they have about ten
CITY COUNCIL MEETING OF AUGUST 11, 1992 BOOK "R" 87
or twelve cities in - retest -d.. put -have idle s name on me mailing "- Were got the base lacility and I wou m t wu"rdTie
' a good, clean industry for the city and the county to get interested in and try to do something to we what we can come up with
as a city or county and through the Chamber of Commerce, to try to bring that facility into Huntsville. They anticipate probably
twenty or twenty-one cities bidding on it. The biggest problem that they have is the woodpecker. I asked him if that pretty well
ruled Huntsville out. He said, "no, any place we go to get a new permit and run an ecological survey or your environmental survey,
it's going to be harder to get a new permit than it will be to use some existing facility, even though you do have those problems
with if. The proposal will he sent to the Chamber of Commerce. I am requesting City Manager Pipes advise Dave Cich that he
will be receiving information regarding this.
Councilmember Bell advised council that he met last Wednesday with the Habitat for Humanity group. We had talked
previously about the possibility of rehabilitating homes in the Huntsville area. We have some homes that are distinctly
substandard. I discovered through the Habitat people there are a number of federal and state administered programs that make
money available for doing just this. Habitat, a private and voluntary organization, proposes to apply for one of these grants,
specifically a Texas Housing Trust Fund, between a half million and a million dollars to try to rehabilitate and rebuild houses in
the Huntsville area. They are going to do so in conjunction with a group known as the Gulf Coast Trade Center which would
provide the work. So, between these two programs, one a rehabilitation program for the youth and the other one a chance to fix
up houses in Huntsville, it looks as if the private element is at least taking the initiative and lead in this particular service to the
community. They do, however, have volunteer organizations and sufficient resources for what we are trying to do. Thus, our
meeting was primarily designed to encourage the city not necessarily in a direct financial way but in a way that would help them
expedite the grant and help them administer the monies and make sure the work is done the way it needs to be done. They
specifically have asked us to do such things as perhaps supply available staff time to help identify substandard housing. They have
asked us to provide, if we could, space in city hall as they will need space to keep records, an office in which to work and help
in expediting the permit process which as far as Dale Brown and myself are concerned would not be a problem. By expedite, I
mean get inspections done and priortize whatever city paperwork needs to be done before construction takes place. The second
is some thought to waiving the fees for inspections. Put of us is tourism, the university and a lot of other things. Also, a part
' of Huntsville is quality of life. We have a responsibility to try to maintain a decent quality of life for as many people as we can.
We have a very Inge poor contingent in this city. So, I would like to we the city explore with Habitat what we can do and take
a proactive, positive stance in helping Habitat and the Gulf Coast Trade Center rehabilitate and rebuild housing in Huntsville.
? Mayor Hodges asked if that was a motion. Councilmember Bell said yes. Councilmember Knotts seconded the motion. At this
point, Mayor Hodges asked if there were any questions.
Councilmember Green stated he didn't have a problem with expediting any process. I think we ought to do that for
everybody, not just Habitat. I think the city has the responsibility to do that. I have a bit of a problem with staff time and office
space. Not that this is not a worthy cause. I think it certainly is. But, if we do this for this entity, I think we would have trouble
identifying which causes are more worthy than others with regard to which space we should provide and which entity we ought
to provide the space for. I really like what they are doing, but there are also lots of other organizations in the city doing things
that I also like. If we are going to do it for this organization, I am not sure that we have any justification for precluding any other
organization.
Councilmember Bell then responded, it is my judgement that it is the city council's responsibility to priortize what is
being done and try to help those they consider to be most essential to the good of the city. In the case of housing, which I
consider basic for the well -being of our citizens, I think we desperately need to attack the housing questions. The only question
in the community that I think is of equal concern right now is the health/medical situation, which is a national priority.
Mayor Hedged then stated, I don't think there is any doubt that the need is there. I agree with Councilmember Green
that it is not the local government's responsibility to take care of that need because there are so many other things we could get
involved with. I intend to vote against that -- not against Habitat, etc -- I just don't think it is local government's responsibility.
Councilmember Knolls stated, I think basically what you are asking for is vocal support and leg work and for office
space. I am sure there are plenty of people who like to donate the space for the time it would be used -- I mean provide this
between the city and private sector. I don't think we have the office space available in the city.
Mayor Hodges then stated that Councilmember Bell wants the city to provide office space and staff assistance and office
' equipment and no fee for building permits.
Councilmember Lange stated, the concept I very much favor. I have seen the Habitat group work over by Sam Houston
Elementary School. I know a lot of people in it and I know they do a fantastic job. I also know some instructors out at the Trade
Center and they do a fantastic job with those kids. But, I am not ready to vote tonight as I would like to have more particulars.
How much do they work out in the county vs the city, does the county have room for them, is this going to be another thing that
CITY COUNCIL MEETING OF AUGUST 1I, 1992
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me city does like so many Ultt= Of Lite Ctly Of NUIRSVilIC pay fnf the tHgC 1118j01fty of me non-city
residents that benefit from also.
Councilmember Bell stated that Judge Robinson was at the meeting. The county plans to participate in this program.
Judge Robinson has pledged to try to explore the ways the county can help. I really think we have a serious need in this city and
I think we can talk around it and make excuses from a conservatory philosophy but on the other hand, who is going to do it. Here
we have a perfect solution. We have a private entity, Habitat, soliciting money that is not coming from Huntsville taxpayers and
all they are asking for is a modest amount of assistance.
Councilmember Lange then stated, I would like to explore this. What are we already doing, and then what can we do
to help.
Councilmember Knolls then stated, I really don't see any difference between this and what we did on Old Colony Road.
We assisted over there.
Councilmember Bell then stated, Mayor, while you were still on council you went on a ride with me in the back of City
Manager Pipes car pointing out with pride the roofs and bathrooms we fixed up with federal money. Why should we not do it
now. The money is not out of the taxpayers pocket.
Mayor Hodges stated, any staff time we provide, any office space we provide and any services we provide, and I don't
mind doing some of these things, I just have a problem with everyone looking to government for the solution to everything and
that is not the answer. Private industry does it so much better and so much cheaper so that is absolutely the way to go. Through
Habitat for Humanity and other organizations I named earlier is the way this problem should be solved. If they want Dale Brown
to help them write a grant, I don't think anybody in here has a problem with that.
Councilmember Bell stated, the private industry has been asked since 1835 and the housing situation in this city is
appalling. I encourage you to travel elsewhere in the United States and recognize how substandard Huntsville is.
Mayor Hodges stated, I don't know what else there is to explore. We have discussed it from one end to the other it
seems to me and you have requested, expedited permitting and I have no problem with that, you have asked for waiving of fees
and I have a problem with that - we didn't do it for the high school when they built it, we don't do it for churches when they build
them, so I'm not sure we should do it for anybody, you have asked for office space and office equipment and I have a problem
with that -I am not sure we have any available, and some of the things in there we provide to any organization who comes in and
asks for help whether it's in the City Attorney's office or in the Planning and Zoning office. We automatically accommodate those
kinds of requests.
Councilmember Bell then stated, so we can say to the citizenry they are own their own.
Councilmember Lange then stated that the city staff has assisted every volunteer organization in this city. So, this city
does care.
Councilmember Green stated, if you are talking about providing assistance that is one thing. But, if you are talking about
providing office space, filing cabinets and waiving fees, you are in a different ball game.
Mayor Hodges then stated, you can offer Habitat the assistance of the City Attorney's office, the assistance of the
Planning Office, and I would suspect that they would know more about the housing needs of Huntsville than the city does.
Councilmember Bell than asked if city staff could assist in the inventory of substandard housing.
Councilmember Green then asked, are you now asking for an inventory of housing. Maybe you need to write down
exactly what it is we are voting on,
Councilmember Bell stated, one of the things we are doing is exploring the willingness of the city to provide any
assistance whatsoever. Habitat asked specifically for help in identifying properties, to expedite permitting, to appoint staff for
administering as available, office space for files, etc.
Councilmember Davis asked, how will the city come up with a list of proposed beneficiaries of this service?
Councilmember Lange stated, I am hesitant about allowing or giving another organization in our city bureaucracy blanket
authorization. I would like to see the city staff help this organization, but I don't think I am ready to give them blanket authority.
I do want them to know the city staff is here to help them.
Councilmember Bell, at this time, withdrew his motion which was acceptable with Councilmember Knotts who had
previously seconded the motion. There was a consensus to explore this idea and pursue at a later date.
MEDIA INQUIRIES
None.
At this point, Mayor Hodges asked Chief Eckhardt to escort J. D. Schindler to the speaker stand. We have a presentation we
would like to make. City Manager Pipes stated that the Mayor had received by United States Postal Mail a subpoena for Mr. J.
D. Schindler from the law firm of "Gett'n, Younger & Better" for the People of the State, Complainant, "Surely You Jest' and
J
CITY COUNCIL MEETING OF AUGUST 11, 1992 BOOK 'R" 89
SCltfidteir3F�HtYenQanL - WWatrsrvr ' rr -aE a session or said court held on his buthday at is courthouse. Fro-n-orablee
' Court has been presented with the following overwhelming evidence [hat you, the Defendant, has knowingly falsified your birth
records (1) photographs disposes that no one can possibly look that young at the age you claim to be and (2) reliable eyewitness
testimony describes a person much younger than you state you are. Now, therefore, it is ordered by the Court that you be
apprehended and arrested and be brought before the Court so that you may explain your reasons for exception to assure that you
do not miss another of your birthdays and that your birthday will be a happy one. Mr. Schindler was 50 years old yesterday. Here
is your subpoena and your friends should be carefully checked out.
ADJOURNMENT
Mayor Hodes stated we will have a work session for Item 10 on the Agenda which is a change in format. This meeting
is adjourned at 6:19 P.M. to recess into a work session.
Mel Byers, City Secret