MIN CC 04/11/1995CITY COUNCIL MEETING OF APRIL 11, 1995 BOOK "R" 359
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 11TH DAY OF APRIL, 1995, IN THE CITY
' ! HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in regular session with the following members present: !
COUNCILMEMBERS:
William B. Green, Mayor Ann James Officers:
Dan S. Davis Jim Carter Gene Pipes, City Manager
JoAnn Matthews David Martinez Danna Welter, City Secretary
Marjorie Rex Dave Luning Scott Bounds, City Attorney
Ronald L. Lange
EXECUTIVE SESSION to consider real estate matters, acquisition of three lots in G. A. White subdivision and sale of City
property (20 foot utility easement adjacent to Loop 19 West right -of -way); and pending litigation, Grock sewer problem.
CITIZEN INPUTANQUIRY
Nathan Geick, TCA Cable. Mr. Geick stated that TCA is announcing the return of the Univision channel. TCA has
worked diligently since the "must carry" rules came into effect several months ago (causing TCA to take Univision off the air) to
try and put Univision back on the air. A target date of June 1 is set for the return of Univision to Channel 20.
Dr. Herschel Smith. Dr. Smith stated that he is a representative of the Miracles in Motion program out of Houston and
invited City Council to a Prayer breakfast on April 15 at Park Inn where a fraternity program for men with drug, alcohol and
behavior problems will be introduced. This program is designed to build leadership within the community, as well as educate those
that have family members with problems. Dr. Smith stated that he would like to set up a referral center in Huntsville which would
' require community involvement and cooperation. Dr. Smith stated that he has received the National and local Jefferson Award.
Mayor Green thanked Dr. Smith for his willingness to come into our community and do a program like this and hopes
that Council will attend the Prayer breakfast on the 15th.
Jean Manford. Ms. Manford stated that she has lived at 2403 Sycamore for approximately 28 years. She is in favor
of putting the stop sign back at Palm and Sycamore because it is hard to turn onto Sycamore from the side streets. Ms. Manford
presented the City Secretary with a list of names of citizens requesting the four -way stop be put back in place.
David Becker. Reverend Becker stated that he is addressing the City Council as a citizen and not as the Pastor of
University Heights Baptist Church. He stated that when the four -way stop was in place, it was much easier to enter and exit the
Church every day of the week. He encourages City Council to replace the stop signs as a safety situation. The church does have
a preschool program with approximately 60 children and he is concerned with the speed on Sycamore during pick up and drop off
times. He inquired about the possibility of a school zone area or church zone to designate the area as a slower speed zone.
Joe Alexander. Mr. Alexander stated he is the Assistant Business Manager, I.B.E.W. local union, of Beaumont, Texas.
I.B.E.W. represents the local employees working for GSU/Entergy and would like to oppose the closing of the Energy office in
Huntsville. Claims have been made by Entergy that getting rid of local employees, closing payment offices and replacing local
meter readers with contract employees will mean better service. These claims are false; local support personnel do more than accept
monthly payments, they are ambassadors for the Company. In other areas where Entergy has downsized, the level of service has
dropped. I.B.E.W. is asking City Council to oppose the GSU /Energy office closing in Huntsville.
Larry Graves. Mr, Graves stated that Sycamore is a street used by many as a cross street and is a major entry way for
students at Sam Houston State University. Activities on the Sam Houston campus add many out -of -town visitors to this area. Last
' year, several new stop signs were placed at key intersections including Palm at Sycamore, 7th Street and Avenue M, and Normal
Park at Crosstimbers. This illustrates the concerns felt for the safety of the citizens travelling in our City. These signs provide a
safe entrance onto the major routes of travel across Huntsville. Last month, when Council passed the removal of the four -way stop
on Palm at Sycamore, he feels it was done in haste without consideration of the impact on the citizens in the area. He requests that
Council consider replacement of the four way intersection.
CITY COUNCIL MEETING OF APRIL 11, 1995 BOOK "R"
Ben Bius. Mr. Bias stated that he has recently developed a subdivision in the City and feels he is familiar with the '
Development Code. He stated that the Code as it is today has failed in its purpose; purpose #2 of the Code is "to promote the;
intensity of land use in areas of high probability and the not promote development of land in areas of low probability of use." The:
demand for housing in Huntsville exists in the areas of $50,000 - $70,000 houses which best suit the population base and their';.
affordability. Currently, the Code in its inflexibility causes that demand to be fulfilled in areas outside the City. He feels that in['
studying the Code in detail in conjunction with private developers and investors would work well since all have a common goal m�!
create wealth and a quality of life in Huntsville. Mr. Bins stated that the Code has some serious flaws in its ability to subdivide!i
land easily and hopes a way can be devised to make it simpler and less costly as well as maintain the goals of the City. He believes' I
the Code needs revisions through a long process with local community involvement to create a workable document He also'.
suggested that a feasibility study be done on the Code as its exists.
Ruth Knight. Ms. Knight stated that she is the program administrator for SAAFE House and is here to make'',
Councilmembers and citizens aware that April is victim's rights month and ask that ribbons be worn in remembrance of victims of
domestic violence, child abuse and sexual assault. She stated that since January, 21 women and 48 children have been housed ac'.'.
the SAAFE House in Huntsville. She asks Council to be aware that our community is in need of these services and understand that
a community based resource is available for domestic violence and sexual assault victims.
Robert Moodv. Mr. Moody stated that he is the vice chancellor and public information officer for the Huntsville Amateur!
Radio Society, a non profit organization comprised of both men and women that share a common interest in amateur radio. Public!,'.
service and amateur radio are synonymous. HAMS play an important role in disaster communication, aiding in search and rescue,!,'.
and general health and welfare assistance. About twelve years ago, the City of Huntsville gave the Huntsville Amateur Radio:
Society a 100 foot radio tower and a gasoline powered generator which is stored and maintained at the City Service Center. The.',
tower is still in use today and the generator is used during field day exercises. The Society would like to thank the City ofl'.
Huntsville again for this equipment. It is being put to good use for the citizens of Huntsville. The Society would like for the City'!.
to keep them in mind when planning and discussing emergency management in the future.
Dr. Michelle Hewlett Gomez. Dr. Gomez stated that she is an assistant professor at SHSU in the field of bilingua(
education. She is supporting the reinstatement of the Spanish television station, Univision. Univision offers cultural diversity,:I'
family programming, international news, and soap operas too. When Univision was on cable, she used the television as a medium!, i
for building the language, and is looking forward to being able to incorporate Univision in her student's assignments as soon as it''.'
is available. She stated that in Huntsville I.S.D., 10% of the students are limited English proficient students. The community is":.
growing with citizens of other languages and the more opportunity to learn about our cultures and community the better. i
Following Dr. Gomez, the following citizens also spoke in support of the reinstatement of Univision: Margarito Martinez. '',
Rob Gerard. Mr. Gerard spoke in support of replacement of the four way stop intersection on Sycamore at Palm Street',
for safety factors. Private vehicles have a hard time crossing the intersection due to limited sight and traffic volumes, and school
buses are at risk due to their size.
INVOCATION
Invocation by Dr. Herschel Smith.
CONSIDER THE MINUTES OF FEBRUARY 28 AND MARCH 21, 1995
Councilmember Luning made the motion to approve the minutes of February 28 1995 and Councilmember James'
seconded the motion. All were in favor and the motion passed unanimously.
Councilmember Rex made the motion to approve the minutes of March 21 1995 and Councilmember Martinez seconded ,
the motion.
Councilmember Carter made an addition to the minutes relating to the discussion on the West Hill Park drainage pond.
Councilmember Rex amended the motion to include this addition. and Councilmember James seconded the motion All
were in favor except Councilmember Matthews. The motion passed 8 -1 (Councilmember Matthews stated that she did not receive
one of the pages of the March 21. 1995 minutes in her packet.]
CITY COUNCIL MEETING OF APRIL 11, 1995 BOOK "R" 361
Mayor Green stated that Mr. Curtis has withdrawn his offer to give the City the drainage pond. The drainage pond will
be dedicated as an easement..
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DISCUSS TRAFFIC CONTROL ON SYCAMORE STREET
Mayor Green stated that in the packet is information relating to traffic control devices.
Councilmember James stated that she has spent time at the intersection on Sycamore and Palm and feels that the stop
intersection was placed for speed control. She has seen cars and buses entering and exiting this intersection without difficulty.
Councilmember James feels that the stop intersection was placed at the wrong location. She and Councilmember Rex feel there me
several options and would like to jointly propose with her more specific speed control suggestions.
Councilmember Rex stated that there is definitely a speeding and traffic problem in the area. She feels a complete study,
including traffic counts, needs w be completed before any decision is made.
Councilmember Rex made a motion that a complete study of the traffic problems, particularly the area of Palm. Walnut.
and Svcamom, but including the entire length of Sycamore be done, and have staff prepare a recommendation. and Councilmember
James seconded the motion.
Councilmember Carter stated that he feels this is a dangerous intersection and a four way stop is needed, but feels that
the traffic count data may not warrant this a stop intersection.
Councilmember Liming stated that he feels that Huntsville has grown and the City needs to decide how to handle the
traffic control needs.
Councilmember James stated that she would like to have the speed monitored on Sycamore from Bowers to Highway 75
South, on Highway 75 South from Sycamore to Highway 19, Lake Road, Montgomery Road and Old Houston Road during shift
changes at the Gorge Unit.
Mayor Green stated that this area could possibly be considered from either a church or school zone. He also stated that
a decision may need to be made whether we want to conform to the Manual on Uniform Traffic Control Devices or if there is an
alternative method.
A vote was taken All were in favor and the motion passed unanimously.
ATTENDING CITIZENS
1. Charles Souther, Jr. to the purpose of discussion of the Development Code.
Mr. Smither stated that he has put at each Councilmember's place a packet of papers regarding the Development Code.
While on vacation, he has acquired copies of planning documents from Pensacola, Florida, Escambia County; Mobile, Alabama,
Mobile County; and Fairhope, Alabama, Baldwin County. It appears the Huntsville code requires all new subdivisions to be like
Forest Hills instead of allowing alternatives that are more affordable for those in low to moderate income brackets, or desire an
atmosphere different from that. He understands that the basics of our current code were originally taken from the Bryan /College
Station codes. It seems that the Huntsville Code should be based on the needs and desires of the citizens of Huntsville. A series
of questions regarding the issue of leases have been left on the Mayor's desk to be answered during the discussion at the work
session to be held following the formal meeting.
CONSIDER FUTURE PARKING CONTROL PLAN FOR THE 19TH - 22ND AND AVENUE L 1/2 - AVENUE O
AREA TO INCLUDE THE REMOVAL OF PARKING RESTRICTIONS ON THE WEST SIDE
OF AVENUE N 1/2 FROM 20TH TO 21ST STREET
Maps were presented for Council's review on the current and proposed parking control plan. Mr. Pipes stated that staff
has had a number of requests in this area to address localized problems related to the changing use and occupancy in the 19th Street
- Avenue O - 22nd Street - Avenue L 1/2. The map has been created to propose solutions to problems before they exist. Many
of the homes in this area have become commercial, multiple housing units, which increase the number of cars needing to park.
The only timed parking regulation in the City is on Avenue N 1/2 (No Parking from 12 Midnight to 8:00 A.M.). Staff feels that
the parking or no parking should be consistently applied on the streets that run north and south (east or west side of street) and the
streets that run east and west (north or south of street). This will alleviate a slalom course through the neighborhood. The map
represents a future parking control plan - staff does not intend m begin setting no parking signs at this time. With Council approval,
staff would employ the plan when requests are received in the future.
Mayor Green thanked staff for the compilation of this parking control plan. He does not suggest action be taken tonight,
and would recommend that Councilmember study the plan and address any problems or amendments needed.
CITY COUNCIL MEETING OF APRIL 11, 1995 BOOK "R" 362
Councilmember Davis asked about the amount of communication to and from the residents of this area. Mr. Pipes statedi�
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that a considerable amount of discussion has been held with residents of the area.
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CONSIDER ORDINANCE 95-4-11.1 AMENDING THE CODE OF ORDINANCES, CHAPTER 12
III
MOTOR VEHICLES AND TRAFFIC TO ESTABLISH VARIOUS NO PARKING ZONES
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Street Name Side of Street Limits Type
Avenue I East From 14th Street at the corner No Parking at Any Time
of the Walls Unit north 166'
pasta fire hydrant
Sam Houston Ave. West From 11th Street north 182' No Parking at Any Time
toward 10th Street
Brookhollow Drive South From River Oaks Drive to No Parking at Any Time
(Elkins Lake) 770' east of River Oaks Dr.
Sycamore Both From 16th Street south 300' No Parking at Any Time
toward 17th Street
Avenue N East From 19th Street 140' south No Parking Any Time
toward 20th Street
Avenue N West From 20th Street to 20 112 Street No Parking Any Time
19th Street North From Avenue O east to 1150' No Parking Any Time
past Avenue L 112
the motion. All were in favor and the motion passed unanimously.
Councilmember Lange made a motion to approve Ordinance 95-4-11.1 (with the exception of Section 2) amending the'f'..
Code of Ordinances. Chapter 12 Motor Vehicles and Traffic to establish various no parking zones and Councilmember Rex,
CONSIDER CONTRACT WITH WALKER COUNTY CHILDCARE CENTER, INC.
FOR USE OF CITY PROPERTY
City property, and Councilmember Luning seconded the motion.
Concern was expressed that the contract should state that it is non exclusive use by the Center.
All were in favor and the motion passed unanimously.
CONSIDER RESOLUTION 95-4 -11.1 APPROVAL OF A
TREE PLANTING GRANT FOR THE SOCCER FIELD
Mr. Wilder stated that the City has been awarded a grant for matching funds ($2,340 - budgeted) for the planting of trees'!
at the Kate Barr Ross Park soccer field area. This resolution allows the City Manager to execute the grant documents.
Councilmember Davis made the motion to approve Resolution 95-4-11.1 approval of a tree planting grant for the soccer'.
field. and Councilmember James seconded the motion All were in favor and the motion passed unanimously
CONSIDER UTILITY EXTENSION REQUEST BY J. D. DAVIS ON MAGNOLIA WAY AT WALNUT
IN THE AMOUNT OF $4,103.23 FROM RESERVE FROM FUTURE ALLOCATION (W &S FUND)
Mr. Wilder stated that this request is within the City's utility extension policy.
Councilmember Davis made the motion to approve the utility extension request by J D Davis in the amount of $4,103.23 'x,; '
from the reserve for future allocation, water and sewer fund. and Councilmember Lange seconded the motion All were in favors
and the motion passed unanimously.
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CITY COUNCIL MEETING OF APRIL 11, 1995 -
BOOK "R"- 363
CONSIDER AN ENGINEERING CONTRACT WITH ALLEN PLUMMER & ASSOC.
TO ASSURE COMPLIANCE WITH THE SAFE DRINKING WATER ACT
Councilmember Davis made the motion to approve the engineering contract with Allen Plummer & Assoc. to assure
compliance with the Safe Drinking Water Act in an amount not to exceed $28,960 from budgeted funds. and Councilmember Rex
seconded the motion. All were in favor and the motion passed unanimously.
Mayor Green suggested that the data for the study be made available to the City in an electronic format. Mr. Wilder
stated that he would check into this option,
MAYOR'S ACTIVITY REPORT
1. Discuss the GSU /Energy rate /service case.
Mayor Green stated that he has had discussions with employees and representatives from Entergy. City Council wants
to ensure that actions taken by Entergy to lower costs are passed to the consumer, but that these actions maintain the level of service
needed by the citizens of this community. Scott Bounds has made contact with Jim Boyle in Austin and is currently looking into
all possibilities available and will report back to Council.
2. Consider contract with Walker County on fire protection, allocation of matching funds from unallocated funds and
authorize the Fire Department to bid mini - pumper and rescue /equipment truck.
Mayor Green stated that an addendum prepared by the City Attorney is at each Councilmember's place. Mr. Bounds
explained the addendum. Mayor Green stated that the contract does states that both the City and County will bring up to date the
funding for capital equipment. Funds would be available to replace the mini- pumper and purchase the equipment rescue truck.
Councilmember Luning noted that a sentence was left out of the addendum and Mr. Bounds stated that the first sentence
of section (iv), paragraph (a) should be added to the addendum.
Councilmember Luning made a motion to approve the interlocal agreement with Walker County for fire protection with
matching funds from the general fund unallocated reserve in the amount of $100,760, and Councilmember Rex seconded the motion.
Councilmember Luning noted that the contract expires on September 30, 1995.
Councilmember Davis stated that section (iv), paragraph (b), subparagraph (3) refers to mandating action after the contract
expires, and suggested that this subparagraph be deleted from the contract.
Councilmember Luning amended the motion to remove subparagraph (e), and Councilmember Rex seconded the
amendment All were in favor of the amended motion and the motion passed unanimously.
3. Consider Internet access to Pathways program.
Mr. Bounds stated that Pathways is a community billboard system. It is currently being proposed to add Internet to the
Pathways program, with some data available on the Internet is inappropriate for children. All children will be registered through
H.I.S.D. A draft release for children on the system, to be signed by their parents, is in the packet for your review. Restricted
access will be placed on an account until the release form is turned in.
Mr. Pipes stated that when Pathways was set up it was strictly an interlibrary loan program, but quickly grew to a bulletin
board system within Pathways. The addition of Internet would be a substantial deviation to what City Council originally authorized
under the Pathways program. If the parents authorize the use by their children, the Board of Directors have no problem.
Councilmember Luning stated that he was concerned that the City monitor use of these machines by children at City
facilities, since the parents may not be in attendance.
4. Consider purchase of 3.99 acre tract on 7th Street from the Thomason Estate in an amount not to exceed $36.000.
Councilmember Davis made the motion to purchase 3.99 acres on 7th Street from the Thomason Estate in an amount not
to exceed $36,000, and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously.
5. Consider a request to waive the permit fee and deposit fee for the Martin Luther King Center for a blood drive for a local
child, Breyona Ashley.
Councilmember James made the motion to waive the permit and deposit fees for the Martin Luther King Center for a
blood drive for Brevona Ashlev, and Councilmember Matthews seconded the motion. All were in favor and the motion passed
unanimously.
CITY COUNCIL MEETING OF APRIL 11, 1995 BOOK "R" 364
CITY
ACTION
1. Consider final payment to Grisham Construction on the Visitor Center proiect as recommended by the Finance Committee
Councilmember Davis stated that the Finance Committee met and discussed in detail the winding down of the contract
with Grisham Construction on the Visitor's Center. The letter on lost revenues provided by the Chamber of Commerce was
discussed at length. It is the recommendation of the Finance Committee that $9,960.15 in actual damages be withheld from the final
payment to Grisham Construction Company. This amount is predicated on the profit on the lost sales on the number of days the
Visitor's Center was not open in a timely fashion.
Councilmember Davis made the motion to withhold $9,960.15 in actual damages from the final payment to Grisham
Construction Companv, and Councilmember Luning seconded the motion.
Councilmember Carter stated that he reserved the right in the committee meeting to make a comment at the formal session,
although he does feel the Finance Committee did a good job in discussing the issue in detail. He stated that the original estimate
for the Visitor's Center was $220,000 and the low bid by Grisham Construction came in at $289,000, $69,000 more than the
estimate and feels more than the $9,960.15 should be withheld.
A vote was taken. All were in favor except Councilmember Carter. The motion passed 8 -1.
2. Consider employment of associate magistrate as recommended by the Personnel Committee.
Councilmember Lange asked Councilmembers to consider the concept of an associate municipal judge position and
presented a proposed job description. The Personnel Committee is not prepared to recommend a salary at this time.
Councilmember Lange made the motion to accept the concept of an associate municipal judge position, and
Councilmember Rex seconded the motion.
Councilmember Lange stated that this position will alternate magistrate duties with the other magistrates, and fill in for',
the municipal judge if needed. He thanked Scott Bounds for his guidance on preparation of the job description and other data L.
collected. An approximate salary range would be between $1200 to $3600 per year.
Councilmember James stated that there are at present four justices of the peace and two judges currently handling the
magistrate duties at the Walker County Jail. All of these are elected officials and knew the duties involved when running for the
position. We are all County residents paying County taxes and why should the City pay double for a justice that is not an elected Vii!
official. She does not feel that the burden is so great on these six individuals that the City should create a position.
Mayor Green stated that the magistrate duties are not clearly in anyone's job description as to weekend duty, but it is clear'.
that if someone is arrested that requires a magistrate, one must be available. In discussions with the justices of the peace, they'
agreed to do it in the past on a rotating basis instead of a call basis. Our current City judge does not feel this is an inappropriate!,
idea, but because he was not informed of it at the time of applying for the position and because it could be a conflict of interest':
with his law partner, he is unwilling to assume these duties.
Councilmember Matthews asked about other cities operating with an associate municipal judge. Scott Bounds stated that
it is not uncommon, but does not have an approximate number.
Councilmember Carter stated that he felt that if a conflict of interest came up at the jail with the City judge, a justice of
the peace or other judge would be willing to handle the case. He feels the City judge should handle the magistrate duties. Mr.
Bounds stated that the conflict of interest might not be known at the time of arraignment. The conflict of interest occurs when the
City judge's law partner represents an inmate that the City judge has magistrated.
Mayor Green stated that the City judge was appointed on a two year contract and it would create some problems at this
date if the conditions of employment were changed.
A vote was taken. All were in favor except Councilmembers Carter and James. The motion Passed 7 -2.
MEDIA INQUIRIES
None,
ADJOURNMENT
Recess into a WORK SESSION to consider Chapters 1 and 2 of the proposed Development Code.
v Danna Welter, City Secretary
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