MIN CC 10/12/1993CITY COUNCIL MEETING OF OCTOBER 12, 1993 BOOK "R" 241
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 12TH DAY OF OCTOBER, 1993, IN THE CITY li
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS:
W. H, Hodges, Mayor Officers:
Dan S. Davis Harold L. Norton Gene Pipes, City Manager
William B. Green JoAnn Matthews Danna Welter, City Secretary
Ronald L. Lange Ila G. Gaines Scott Bounds, City Attorney
Jim Carter Dave Luning
CITIZEN INPUTANQUIRY
Richard Files. Mr. Files stated that he was a 13 year resident of Huntsville and the manager of the Jolly Fox. He is
requesting that Council change the alcohoVliquor ordinance to extend the hours from 12:00 midnight to 1:00 a.m. on weeknights.
He feels that it would keep more of the population in Huntsville and increase revenues for businesses and the City of Huntsville.
Helen King. Ms. King stated that she wanted to express her support for a curfew for the Martin Luther King Center for
10:00 p.m. on weeknights and 12:00 midnight on weekends.
REGULAR SESSION - CALL TO ORDER
Mayor Hodges called the meeting to order.
INVOCATION
Invocation by Councilmember Harold Norton.
CONSIDER A RESOLUTION NOMINATING WALKER COUNTY APPRAISAL DISTRICT DIRECTORS
FOR 1994 -96 TERM
Mayor Hodges stated that the City had received a letter from Robert McCann, the City's appointee to the Board, stating
that he will not be a candidate for the next tem. Mayor Hodges delayed action on this resolution until the next meeting to enable
Council to recommend another nominee for the board.
CONSIDER APPROVAL OF AN OIL AND GAS LEASE WITH CXY ENERGY, INC.
Councilmember Norton made the motion to approve an oil and gas lease to CXY Energy. Inc. at a bid of $40.00 per acre,
for a primary term of one year with a paid -up lease and the City will retain 1 /6th royalty, and Councilmember Gaines seconded the
motion. All were in favor and the motion passed unanimously.
CONSIDER AUTHORIZATION TO REPLACE A UTILITY DIVISION PICKUP TRUCK
DAMAGED IN AN ACCIDENT
Mr. Pipes stated that the City is needing to replace a pickup damaged in an accident. There will be an insurance settlement
of approximately $10,500.
Mr. Pipes stated that at the 10 -05 -93 meeting, Council approved bids on a pickup for animal control. This pickup should
have been bid as a certificate of obligation. With Council approval, the pickup approved at the 10 -05 -93 meeting will be used as
a replacement vehicle for the utility truck damaged, and the animal control vehicle will be re -bid as a certificate of obligation.
Councilmember Green made a motion to authorize the replacement of the utility division pickup damaged in an accident
and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
' CONSIDER PROPOSED POLICIES TO RESTRICT THE RENTAL /USE OF THE
MARTIN LUTHER KING NEIGHBORHOOD CENTER IN EMANCIPATION PARK
Mr. Pipes stated that there were three versions of proposed policies for the Martin Luther King Center. Council is
requested to review these policies and address this issue at the next meeting.
CITY COUNCIL MEETING OF OCTOBER 12, 1993 BOOK "R"
242
CONSIDER ORDINANCE 93 -10 -21.1, CLAIM AND DELIVERY OF CERTIFICATE OF OBLIGATION
OF THE ROAD REPAIR UNIT FROM TEXAS HIGH ROLLER IN THE AMOUNT OF $15,609 AT AN
INTEREST RATE OF 5.21/ BID BY DR. STEPHEN DAVIS
Councilmember Games made the motion to approve Ordinance 93 -10 -21.1, claim and delivery of certificate of oblieation"
on the road repair unit from Texas High Roller in the amount of $15,609 at an interest rate of 5.21% as bid by Dr. Stephen Davis,
and Councilmember Norton seconded the motion. All were in favor and the motion passed unanimously.
CONSIDER UPDATE ON SOLID WASTE DISPOSAL
Mr, Wilder stated that correspondence has been received from Texas Natural Resource ConservationCommission indicating
that the City of Huntsville will receive a six month time extension for the operation of the landfill as reported at the last Council''
meeting. This correspondence also indicates that there will be no strings attached and that the City can operate under the same permit',
requirements currently in place.
K -9 PURCHASE
The Police Department has budgeted funds for replacement of a K -9, and has found an attractive animal in Louisiana at
a purchase price of $7,000. Under the new purchasing policies adopted at the October 5, 1993, meeting the City Manager has the
authority to approve budgeted items up to $15,000. This is for your information.
HEAR AN APPEAL BY ROTATION WRECKER OPERATORS OF SUSPENSIONS ORDERED BY
THE CITY MANAGER UNDER PROVISIONS OF SECTION 4A -15 OF THE CODE OF ORDINANCES
Mayor Hodges stated Attorney David Hammit and Attorney Hal Ridley were present to represent their clients.
City Attorney Scott Bounds began the proceedings by introducing Gene Pipes and asking for his testimony regarding the
wrecker operators suspensions.
A complaint was received on June 2, 1993 from Davis, Durham & Schulze representing Gil Smith. A vehicle owned by
'
Mr. Smith was disabled in an accident and the Police Officer called Huntsville New & Used Parts to remove the vehicle from the
scene. To secure the release of his vehicle, Mr. Smith was required to pay in excess ofthe maximum fees permitted by Chapter 4A
of the Code of Ordinance of the City of Huntsville, Texas. The ordinance sets a maximum fee of $35.00 on police directed tows
and Mr. Smith was charged $65.00. Mr. Smith was also charged $25.00 for labor even though there was no debris to be cleaned.
up. Mr. Schulze, representing Mr. Smith, requested that the City investigate this matter.
The Huntsville Police Deparhnent investigated all tow truck companies that use Poole's Vehicle Storage Facility for a time
period from January 1, 1993 to June 4, 1993. The companies investigated included Poole's Wrecker Service and Vehicle Storage
Facility, Shirley Poole's Wrecker Service, A -1 Auto Body Wrecker Service, J. B.'s Wrecker Service, Paul's Wrecker, and Bill Poole's'.,
Wrecker Service.
Upon reviewing Poole's records on the vehicle storage facility it was observed that overcharging for services provided,
a city ordinance violation, was a common practice by all tow truck companies associated with Poole's Wrecker Service, excluding.
Bill Poole's Wrecker Service. Of the records reviewed, 69% contained obvious overcharges.
Poole's Wrecker Service had an estimated $649.35 in overcharges; Shirley Poole's Wrecker Service had an estimated
$278.50 in overcharges; A -1 Auto Body Wrecker Service had an estimated $183.00 in overcharges; J. B.'s Wrecker Service had an
estimated $24.00 in overcharges; Paul's Wrecker Service had an estimated $49.00 in overcharges; and Bill Poole's Wrecker Service
had only one ticket reviewed since they had only been on the City's rotation list since 5- 06 -93.
As a result of this investigation, an administrative hearing was held by City Manager Gene Pipes, on July 14, 1993, in
the Municipal Justice Center Court Room under provisions ofthe City of Huntsville Code of Ordinances, Chapter 4A § 14 to consider
rotation wrecker towing violations. Inconsideration ofthe facts, Mr. Pipes made individual determinations for each of the wrecker
services. There were questions raised during the hearing concerning overcharge practices of the other firms operating in Huntsville
and Mr. Pipes stated that these firms would also be investigated and appropriate actions taken if evidence is found.
Subsequent investigations on Martinez Garage and Wrecker and Pete Johnson Towing and Storage were held. Martinez
Garage and Wrecker had an estimated $742.00 in overcharges and Pete Johnson Towing and Storage had an estimated $2,565.60
t
in overcharges. Administrative hearings were held with these two companies and determinations were made by City Manager Gene,
Pipes.
Attorney David Hammit appealed the decision of the City Manager to City Council on behalf of his clients: John D;:',
"Buddy" Poole, Bill Poole, J. B. Bromley, Shirley Poole and Paul Morris, by certified letter dated July 28, 1993. Attorney Hal
CITY COUNCIL MEETING OF OCTOBER 12, 1993 BOOK "R" 243
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7i -
Ridley appealed the decision of the City Manager to City Council on behalf of Martinez Garage and Wrecker and Pete Johnson ;.
Towing and Storage by certified letters dated October 1, 1993.
I
City Manager Gene Pipes presented a summary of the action interpreted in regard to each wrecker operator, his
recommendations, and a summary of the basis for which he took his actions.',
Attorney Hal Ridley and Attorney David Hammit both stated that their clients did overcharge, but felt that by State law
they were within their rights (Attorney General Opinion 1986 - JM 483). City Attorney Scott Bounds stated he felt all the wrecker
companies had been informed that the City had adopted a maximum rate of $7.00 by Ordinance 89 -8 in 1989. It was made very
clew at that time that the cities had the option to adopt a rate within the state's rate of $5.00 - $15.00 on the storage of vehicles.
Closing statements were heard.
Councilmember Davis made the motion to accept the City Manager's recommendations regarding Paul's Wrecker Service.
! and Councilmember Gaines seconded the motion.
There was a consensus of Council that Poole's Wrecker Service should be the first service considered since the term of
i time that his storage yard would be suspended would affect other services.
Councilmember Davis withdrew his motion and Councilmember Gaines withdrew his second.
Councilmember Matthews made a motion to accept the City Manager's recommendations regarding Poole's Wrecker
Service, except that the service shall be suspended from rotation calls for six months, and Councilmember Norton seconded the
motion
Councilmember Matthews mended hermotion to acceotthe City Manager's recommendations reaarding Poole's Wrecker
Service, except that the service's impound yard shall not receive any notice ordered tow vehicles for a period of six months, and
shall be suspended from rotation calls for six months, and Councilmember Norton seconded the amended motion.
' Councilmember Carter amended the motion to accept the City Manager's recommendations regarding Poole's Wrecker
Service, except that the service's impound yard shall not receive any police ordered tow vehicles for a period of two months, and
the service shall be suspended from rotation calls for a period of six months, and Councilmember JoAnn Matthews seconded the
amendment. All were in favor and the motion passed unanimously.
Councilmember Carter made the motion to accept the City Manager's recommendations regarding Paul's Wrecker Service,
except that he will not use Poole's Wrecker Service impound yard for a period of two months for City rotation service calls. and
Councilmember Davis seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Davis made the motion to accept the City Manager's recommendations regarding J. B.'s Wrecker Service,
except that he will not use Poole's Wrecker Service impound yard for a period of two months for City rotation service calls, and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Gaines made the motion to acceptthe City Manager'srecommendations regarding Shirley Poole's Wrecker
Service, except that she will not use Poole's Wrecker Service impound yard for a period of two months for City rotation service calls,
and Councilmember Norton seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Gaines made the motion to accept the City Manager's recommendations regarding A -1 Body and Wrecker
Service, except that he will not use Poole's Wrecker Service impound yard for a period of two months for City rotation service calls,
and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Norton made the motion to accept the City Manager's recommendations regarding Pete Johnson Towing
and Storage, except that be will be suspended from rotation wrecker calls for a period of six months, and Councilmember Carter
' seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Davis made the motion to accept the Citv Manager's recommendations regarding Martinez Garage and
Wrecker, and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
CITY COUNCIL MEETING OF OCTOBER 12, 1993 BOOK "A" 244
City Attorney Scott Bounds stated that an ordinance ratifying the appeal decisions would be prepared for Council approval
at the next meeting.
CITY COUNCILMEMBER ACTION
Simulation of Government. Councilmember Carter stated that he had been contacted by Ms. Babcock from the High School
about doing a government simulation. J. D. Schindler stated that he would follow up on the matter.
Wiesner Dealership. Councilmember Carter stated that trees have been cut on the Wiesner property and would like staff to
check and see if any of the trees cut were in the City's right -of -way. He requested that Council review the buffer zone
requirements. Councilmember Luning suggested that the Planning Commission review these requirements and make a
recommendation to Council.
Newspaper Recvclina. Councilmember Lange stated that Champion International had sent each Councilmember literature stating
that they are falling behind in newspaper collection.
Curbside Pickup. Councilmember Luning asked staff to check into the costs and draw backs to curbside pickup.
None.
MEDIA
ADJOURNMENT
Danna Welter, City Secretary