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MIN CC 01/09/19901 1 MEETING OF THE COUNCIL MEETING OF JANUARY 9, 1990 BOOK "O" 1 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9TH DAY OF JANUARY, 1990 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE N IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council meet in a regular meeting with the following members present: Jane Monday, Mayor 0. Eugene Barrett City Officers Present: Gary Bell James L. Carter Gene Pipes, City Manager Ila G. Gaines William L. Hammock Ruth DeShaw, City Secretary William B. Green Percy Howard, Jr. Scott Bounds, City Attorney William H. Knotts, Jr. FORMAL MEETING Mayor Monday called the formal session to order at 6:00 P.M. and then recessed the Council into an Executive Session to consider pending litigation: Acker V City, et. at.; a real estate matters concerning the acquisition and lease of 12th Street properties; and a police security matter under Section 6252 -17 Texas Open Meetings, V.A.T.S. regarding Cedarwood Apartments. No other items were discussed. No formal action was taken. FORMAL MEETING RECONVENED Mayor Monday then reconvened the formal session at 7 :00 P.M. Councilmember and Mayor Pro tem Percy Howard, Jr., presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve of the minutes of the previous meeting of December 12 1989 and Councilmember Gaines seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER RESOLUTIONS Consider Resolutions 90 -1 and 90 -2 honoring Huntsville High School Athletic Team for its accomplishments and recognizing same Mayor Monday said the Council wanted to take the opportunity to recognize two teams this evening: the Academic Team and also the Football Team for their leadership across the state. She noted, however, the Academic Team is still in competition so the Council will be honoring them at a later date. She advised the Council will be recognizing not only the Football Team for its fine accomplishments in 1989, but also the decade of the Hornets and what they have done for the last ten years. Mayor Monday read Resolution No. 90-1 !'Huntsville High School 1989 Hornet Football _Team ',a_nd. asked for its adoption. Councilmember Green made the motion to adopt Resolution No. 90 -1 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Mayor Monday then read Resolution No. 90 -2. "Huntsville High School Football -- Decade of the 80's." and asked for its adoption. Councilmember Green made the motion to adopt Resolution No. 90 -2 and Councilmember Barrett seconded the motion. All were in favor and the motion Passed unanimously. The Mayor and Council then distributed certificates of achievement to each player along with a Huntsville, Texas pin. CONSIDER CONTRACT Consider an agreement for provision of Tourism Services with the Huntsville- Walker Countv Chamber of Commerce Scott Bounds, City Attorney, advised some minor changes were made in the agreement, consisting of the numbering system; added the words "of a part" in Section 11, A. which now reads: "The City delegates to the Chamber, and the Chamber accepts, the management and supervision of a part of the City's programs and activities funded with revenue from the tax authorized by Chapter 351 of the Texas Tax code. Mr. Bounds said this change was made because some of the programs funded through the Hotel -Motel Tax, Chapter 351, are administered by the HEAP program, so this makes it clear that not all of the city's hotel -motel tax programs are through the Chamber. The third change is in Section K, which reads ". . . On October 1, 1990, and on each successive October 1, the term of this agreement shall automatically be extended for a two year period MEETING OF THE COUNCIL MEETING OF JANUARY 9, 1990 BOOK "0" 2 m October 1 to September 30). . ." [He said this is basically always a two year contract] ". . ided, however, that the City or Chamber may terminate this agreement at any time upon twelve months ce." Mr. Bounds said this way it is a perpetual two year contract with a 12 month cancellation notice. CONSIDER REPAIRS TO LOADER Mr. Pipes advised the costs for this repair job were unknown until the equipment was disassembled in ston. He advised Stewart & Stevenson is now the authorized repair dealer for John Deere, noting the Tom rey Company has gone out of business. He requested the Council's approval for repairs which entail the plate replacement of the assembly and clutch, in an amount between $5,500 and $6,000, including parts and or. Councilmember Barrett made the motion to authorize these repairs not to exceed $6.000 and CONSIDER ELECTION JUDGE & ALTERNATES Mr. Gene Pipes, City Manager, presented the request of the City Secretary for the appointment of Ms. Shipman as Presiding Judge for Pct. 201; Ms. Dorothy Leeper as Alternate Judge for Pct. 201; and Ms. llian Williams as Alternate Judge for Pct. 102 for the upcoming January 20, 1990 City Officers' Election. CONSIDER CURB RENOVATIONS BID Mr. Pipes presented the four bids received, ranging from $42,391.90 to $48,587.00 and recommended ivey Construction at $42,391.90. He said the split of these costs would be $39,799.15 for the Street pital Fund and $2,592.75 for Water Capital Fund. He said the water line was run down from 15th Street to enue R. He said a major portion of these costs are attributable to Avenue 0 from 15th Street to 11th reet. He said the curb on the east side will be raised so that water will drain. He said this heavily aveled street may be disrupted for some time, but when it is completed, it will be a good addition to the ty's overall capital improvements program. After some questions for clarification, Councilmember Barrett CONSIDER SIDEWALKS ON HIGHWAY 75N Mr. Pipes presented the Resolution which stipulates that the SDHPT intends to widen SH 75N from 11th eat to the intersection with IH -45 [at the airport] to five lanes, four travel lanes plus a center turn e, in the June, 1990 letting. the Resolution further provides that the City will, of necessity and formance with its Utility Capital Improvements Master Plan, build a 12 inch water main on the west side the existing right -of -way prior to the SDHPT beginning construction and acquire a ten foot utility ement for same; and the City desires that the SDHPT design and construct a four foot sidewalk on both as of the existing roadway to facilitate existing and expected pedestrian traffic along the route. The olution provides that all costs associated to the sidewalks (estimated at $226,000) wilL be paid and vision of any necessary right -of -way and working easement for the sidewalks or utility construction jects will be provided by the City at the appropriate time. Councilmember Green made the motion to rove of this Resolution and Councilmember Barrett seconded the motion. There was some discussion arding an even wider sidewalk, available rights -of -way, consideration for the trees by placing sidewalks i� i 1 MEETING OF THE COUNCIL MEETING OF JANUARY 9, 1990 BOOK "0" 3 around trees, removal of trees adjacent to right -of -ways for safety considerations, future tying of existing sidewalks together, and funding options, etc. Councilmember Barrett felt it should be reiterated the sidewalks are going in the SDHPT right -of -way and land will not have to be acquired in addition for them unless the sidewalk is angled around trees in people's yards; and in that case, the use of the land for that purpose should be a gift from the property owner. Upon a vote on the motion- all were in favor and the - motion passed unanimously. CONSIDER NEW HOURS FOR EMANCIPATION PARK Consider establishing operating hours for Emancipation Park, as recommended by the Parks Advisory Board Mr. Pipes advised several months ago, there was considerable discussion and the Parks Advisory Board considered the advisability of establishing operating hours for Emancipation Park because of neighbors concerns and reports in the area about late evening noise and things disturbing their rest and sleep, etc. He said the Parks Board recommended adjusting the operating hours in November. He then presented their recommendations that Emancipation Park be closed between the hours of 9:00 P.M. and 4:00 A.M., and that the City investigate the necessity of establishing operating hours for other parks. The City Attorney advised if approved, these operating hours will be set out in an ordinance to be brought back to the Council at a Later date for approval. Councilmember Knotts made the motion to approve of these new hours of operation for Emancipation Park and Councilmember Howard seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER ORDINANCE Consider Ordinance No. 90 -1 amending Chapter 6 of the Code of Ordinances. Buildings and Building Regulations to include manufactured homes as structures subject to demolition Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 90 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, TO INCLUDE MANUFACTURED HOMES AND MOBILE HOMES AS STRUCTURES SUBJECT TO DEMOLITION OR REPAIR IF DILAPIDATED OR SUBSTANDARD; AND MAKING OTHER PROVISIONS RELATED THERETO Mr. Pipes advised manufactured and mobile homes are not included in our demolition provisions and this will serve to add that language to the ordinance to facilitate the demolition of those that are dilapidated or substandard. CounciLmember Green made the motion to adopt Ordinance No. 90 -1 and Councilmember Barrett seconded the motion. After some discussion for clarification, all were in favor and the motion passed unanimously. CITY MANAGER'S REPORT- -GENE PIPES Response to noise complaints by Mr. GambreLL- -Scott Bounds. City Attorney Mr. Pipes provided information concerning previous attempts, dated March 22 and 31, 1989, to assist the Gambrells with their noise complaint. The Council was informed that the City's procedure for filing a complaint in the City's Municipal Court was specified and outlined for the GambreLLs and that they are being encouraged to use the procedures available to them. Consider agreements for Participation in oaring off street parking in the downtown area Mr. Pipes presented this agreement with Gibbs Brothers & Co., Inc. for the paving of the parking Lot on the north side of the Square adjacent to Sam Houston Avenue behind the Gibbs Building and in front of the G &O Barber and Sublet Show Repair Shops. The agreement provides Gibbs agrees to lease to the City the property described for parking purposes under the condition that the city shall have the sole right to regulate and restrict vehicle parking in the area; and to improve the property for parking purposes, including the right to remove trees, grade, excavate, fill, erect retaining walls, construct drainage facilities, make curb cuts, construct curbs, create parking islands, and install lights, signs, ramps, wheel stops and /or landscaping. It further provides the City agrees to provide 26 paved parking spaces on the leased property and Gibbs agrees to pay City 86,718.00 within 30 days of completion of the paving. The MEETING OF THE COUNCIL MEETING OF JANUARY 9. 1990 BOOK "0" 4 ntract provides that the City agrees to maintain the parking area, the parking surfaces, painted markings, ghting, gates, barricades, wheel stops and /or signs on the property related to the use of the property for parking area and assumes no responsibility for the ad valorem taxes on the property. The contract ovides the City will indemnify and hold harmless Gibbs for any negligence of the city or its employees in erating or maintaining the designated parking area. The agreement further provides that Gibbs agrees to lease the parking area to the city for a period ten years beginning [date to be specified by Gibbs], provided, further that this agreement shall be omaticaLLy extended upon the end of the ten year term each year for an additional one year term. After initial ten year term, however, either party may terminate this agreement upon 60 days notice to the er party. Mr. Bounds advised Gibbs may terminate this agreement within the initial ten year term by ing the city sixty days notice and paying the City it depreciated cost of the initial pavement calculated follows: $7,933 X years remaining in initial term/10. At the end of this Lease agreement, the city has right to remove any barricades, gates, wheel stops, light, signs and /or other improvements placed upon property by the City during the leas period. After some discussion for clarification and review, Councitmember Barrett made the motion to approve VVNIILVNII II N, OL VI VIC{.L IVI 111V Mr. Pipes presented this request from Ms. Linda Pease, Project Coordinator, as captioned. He sed the Arts Commission was successful last year in its application to the Texas Commission on the Arts grants to assist with the local arts contracts program and the downtown corral project. He advised no city monies would be required. Councilmember Barrett made the motion to approve of this matching grant MAYOR'S ACTIVITY REPORT Mayor Monday advised Mr. Curtis Skains and Mr. Bill. Nowlin have completed their terms of service on Board. She then proposed the names of Mr. Dan Phillips and Mr. Jim Standefer, to fill these positions two year terms. CounciLmember Hammock made the motion to approve of these two nominations and Mayor Monday advised she met with the Manager and Regional Manager of Cedarwood Apartments regarding at security to facilitate and improve the situation at the apartment complex. Mayor Monday advised the Alcohol and Drug Abuse 1- Implementation" Task Force met has met for the irst time and elected officers: their President is Jack Kyle; Vice President is Dale Dixon; Secretary is ilL Baldwin; and their Treasurer is Sam Prestwood. She said they had an excellent meeting and the group is ff to a good start. She said she will keep them advised of their activities. Mayor Monday said the group hat formed and worked with them Last year is going to stay in place as an advisory commission and they also aye a new set of officers. COUNCIL ACTION Councilmember Green expressed his concern for traffic flow and parking problems if 20th Street is ocked off for the grouting work currently ongoing in preparation for future paving work. He said MEETING OF THE COUNCIL MEETING OF JANUARY 9, 1990 BOOK "0" 5 registration for SHSU begins tomorrow. Mr. Poteete, Director of Public Works, advised the work will be completed on Friday and that this grouting work has to be done now if the city is going to do the paving during Spring Break. Co ncilmember Green noted this affects use of at least one-third of the parking around the coliseum; there are circulation problems now even without the students. Mr. Pipes advised he will make the crews aware of this early in the morning and try to get some sort of traffic activity in this area. White Addition Concerns for Land Use Control Councilmenber Carter advised he attended a G. A. White Subdivision Meeting. He said this is another neighborhood, in his judgment, that is threatened because the City does not have zoning; they are facing considerable expenses because they will have to hire lawyers to help them defend their deed restrictions, which is one of the problems with deed restrictions. He said he hopes the Council will pay attention to this neighborhood because there are some elderly as well as some new people there and they don't want their neighborhood's characteristics to change and are adamantly opposed to commercial activity invading their neighborhood. Accident-- Avenue M and 16th Street - CouncilmemSer Carter reported an accident at this location, noting a truck ran into the rectory ' there. He said he feels it is the speed of the traffic on Avenue M that causes the problems at this i: intersection. He noted perhaps this intersection may need to became a four way stop. City Manager, Genei' Pipes advised he will institute the necessary traffic control checks to see what the best resolution may be. Stop sign at 18th Street and Avenue P Councilmember Carter also requested a stop sign at 18th Street and Avenue P, noting this is another straight street without stop signs, and speed is a neighborhood safety problem there as well. City Commended for Help During Freeze Councilmember Barrett commended the city staff for their assistance to residents during the freeze. He especially commended Boyd Wilder, Director of Public Utilities and his crew for helping people in getting their water cut off. Staff compliments -- Christmas temporary stores /Highway 75 N construction notices /water services Mayor Monday commended Cindy Kellgren, Building official, for the permit assistance her department provided to the temporary stores at the Mall during the Christmas Season. She also commended Mr. Glenn Isbell, Director of Design Engineering, for his care in sending out notices to the residents along Highway 75N germane to the work the city is doing in that area. She also commended the Customer Service Division for assisting a new industry in getting its water turned on quickly, noting they were pleased with the i service they received. MEDIA INQUIRIES Mayor Monday introduced and welcomed the Huntsville Item's new City HaLL Reporter, Mr. Greg Junek. !, Mr. Junek asked when the Highway 75 North widening project would begin. Mr. Pipes said the bids will be let in June, but the City will begin on the utility line in advance of that and may be bidding that construction work in February with construction beginning in March and hopefully completed before the Highway Department is ready to begin construction in July. CITY ATTORNEY COMMENTS Comments concerning the police security matter at Cedarwood Apartments Mr. Scott Bounds, City Attorney, referred to a couple of incidents reported in the media concerning Cedarwood Apartments. He said as early as January, 1989, threats to the Huntsville Police Department, due to its monitoring and attempt to control the illegal drug related activity at Cedarwood Apartments, have been reported publicly. In April of 1989, the Council discussed the criminal activity at Cedarwood I Apartments and directed the City staff to oppose expanded Federal funding under HUD's Section 8 Loan I' .' Management Set Aside Unit Program, unless the conditions at the complex were improved. He said the City's MEETING OF THE COUNCIL MEETING OF JANUARY 9, 1990 BOOK "0" 6 cerns were noted and promises were made as early as May of 1989 by HUD and J & B Management, the Manager the Cedarwood Apartments, to remedy the problems. He said the owners of Cedarwood Apartments have, ever, failed to adequately manage the complex and have created an environment unsuited for the safe itation by its residents. With that background, he said, he would like to briefly explain two separate nts which have been recently described by the media. On Christmas Day night [Monday, December 251, someone called the Police Department from the darwood Apartments to report a fight. Officers York and Avant responded at the same time in separate hides. There was already a crowd there, he noted, but the fight appeared to be over. He said they served an approaching juvenile who had obviously been involved in the fight. Mr. Bounds said the officers ked him whether he needed medical assistance and they asked what happened. The juvenile was not operative, he reported, and someone in the crowd said "you're not going to take him." Another juvenile shed Officer York and then pushed Officer Avant, he said. when the officers were attacked, a civilian, . Adams [who had accompanied Officer Avant to the scene], broke out of the crowd to a Police Department hide and called for additional help, he said. Members from DPS, the Sheriff's Department, the University Lice Department and the Huntsville Police Department as well as the City's EMS and Fire Department ployees responded to that call, Mr. Bounds noted. Seven individuals were arrested and only one of those s a resident of the Cedarwood Apartments, he said. A copy of the criminal histories of those individuals s been shown to the Council for its information, he noted. Two days later, Bounds said, the Police partment was called to a fight at the Spanish Keys Apartments. It appears that a resident in Cedarwood artments had walked, pistol in hand, to the Spanish Keys Apartments to resolve a problem with a resident that complex, he said. For moral support, he was accompanied by an adult, a juvenile, and a child about ne years old, Bounds reported. When they heard the approaching police vehicle called as a result of the ' ght, the four individuals apparently decided to leave. Upon his arrival, Officer Hurst was told which rection they went, and found three of the individuals and they all three laid down on the ground and a ife, reported by the bystanders, was found on the nine year old, however, the individual with the pistol t away. As a result of these incidents, Mr. Bounds advised, the City proposes the following action: The City has conducted a meeting with local law enforcement, public service, and security firms Likely to be involved in such future incidents and has met with them in order to better coordinate responsive action to such incidents in the future; The Mayor with city staff met with the management of Cedarwood Apartments to discuss the City's ongoing concerns about the security at the apartments; Letters to Senators Gramm, Bentson and HUD are being prepared to ask for the assistance of HUD to control security or to provide security at the Cedarwood Apartments; The Mayor and City staff met with Mr. Martinez, a community relations service specialist, regarding this problem and discussed potential solutions; and City staff would propose that a review of this situation be sent to the Mayor's Drug Task Force. Mr. Bounds said the underlying problem to this situation still appears to be "illegal drug tivitv." He said no formal action was taken in the Executive Session prior to the formal session this ening, but the Council would like to reconvene briefly to discuss the security aspects that were posted in is regard. He said the Council will now recess into Executive Session. EXECUTIVE SESSION The Mayor then recessed the Council into Executive Session at 8:15 P.M. to continue its discussion the police security matter, as posted. No other items were discussed. No formal action was taken. The cutive Session ended at 8:30 P.M. and the meeting adjourned. ADJOURNMENT 9, 1990 e fully submitted, ut DeShaw, City Secretary