MIN CC 01/23/1990MINUTES OF JANUARY 23, 1990 BOOK "Q" 7
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF JANUARY, 1990 IN THE CITY HALL
COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M.
The Council met in a regular session with the foLLowing members present:
Jane Monday 0. Eugene Barrett City officers present:
Gary Bell James L. Carter Gene Pipes, City Manager
Its G. Gaines William B. Green Scott Bounds, City Attorney
William L. Hammack Percy Howard, Jr. Ruth DeShaw, City Secretary
William H. Knotts, Jr.
CONVENE FORMAL MEETING AND RECESS TO EXECUTIVE SESSION
The Honorable Jane Monday, Mayor, convened the formal session at 6:00 P.M. and then recessed the
I! meeting into an Executive Session to consider contemplated litigation concerning possible deed restriction
violations; a real estate acquisition on 7th Street; and pending litigation: Acker Vs. City. The Executive
,'. Session ended at 6:45 P.M. but continued after the formal session in order to complete discussions. No
formal action was taken and no other items were discussed.
RECONVENE FOR CITIZEN INPUT /INQUIRY SESSION
Mayor Monday then reconvened for citizen input /inquiry session.
.' Bette Nelson of Bluebonnet Square and Scotties on the Square to discuss trash on curb, dates for pickup,
grant celebration, bicycle race, and downtown parking
Ms. Nelson advised the Council she wiLL be going to Corpus Christi to attend the Business Plans for
Business Districts a meeting referred to her by Architect Kim Williams. She encouraged city participation
as well.
She also advised that she is a business owner and that she has two shops on the Square and that she
thinks of the Square as her personal quest and she walks around it all the time trying to make sure that
;I. everyone is happy and that things are going well. She said they put up a billboard on 1 -45 and they can
already see the direct result as she is seeing more and more visitors aLL the time. She said on her trips
!,I around the Square, she has noticed there are bags of trash that sit out all weekend long. She asked why the
trash bags were sitting on the sidewalk and discovered the City picks them up early Monday morning before
!j the shop owners arrive. Ms. Nelson felt the city should be able to decide on another pick -up day and not
have garbage sitting on the square all weekend for the visitors to view. She passed this on as one of her
ideas and that she is open to suggestions.
Ms. Nelson said the downtown merchants feel they are going to receive the grant from the National
Endowment for the Arts and are excited about it. She said tentatively they have organized for the third
weekend in March to have a "Grant Celebration," and that the Gibbs Powell House will have their arts and
J crafts sale on this weekend. She said they feet this will bring more people downtown.
The Council was advised by Ms. Nelson that we have a new bicycle shop in town and the owner and his
father are very enthusiastic about bicycling. She said she asked them to perhaps lay out a tentative track
j where they could have a bicycle race in Huntsville. She said some towns have them and they bring up to
14,000 bicycle riders into the city. She said they are looking at this perhaps in May or later. Mayor
Monday suggested including Matt Wagner in these plans at Nautilus as she has visited with him previously
about this and he is quite a biker himself. Ms. Nelson said they already have several people; i.e., custom
franw! shop and others that want to get in and make this a success. She said she feels it will be good for
Huntsville.
a
Ms. Nelson said she visited with the COunciL previously about downtown parking. She noted with the
increase in visitors, something should be done about the practice of some who find it convenient to park
MINUTES OF JANUARY 23, 1990 BOON "0" 8
r vehicles on the Square all day long or all night long. She said it has made it increasingly difficult
visitors to park. She said asked the status of this matter. She asked if the parking can be marked
ecause visitors don't know where they are. Mayor Monday advised that as the city acquires its additional
arking and is able to put some parking off of 11th street, the city will definitely need directional signs
howing where peopLe can park. Ms. Nelson said she has been working hard to get more and more people
nterested in being on the Square and when she gets back from Corpus Christi she has a plan of action that
he is going to implement which will be to directly contact people to come here to set up their business.
he said it is very hard for her to sell it when they don't have a place to park their customers.
ounciLmember Bell asked if it is her perception there are still long term parking from empLoyees from the
ourthouse. Ms. Nelson said she sees it every day. Mayor Monday asked the City Manager to ask the Police
hief to take a look at this and report at the next meeting on how we are handling that. Ms. Nelson said
ooking out her front door, she can see four courthouse employees parking all day Long on the Square. Mayor
onday said the city also needs to Look at signage for these additional parking area. Mayor Monday advised
hey will try to get an answer back to her by next week on these matters.
Mr. Standefer advised the old Barrett's Hardware Store has been sold and is undergoing renovation
de, and he has purchased the old City Hall /Fire Station a few weeks ago and will be restoring the
ide of it, except for the big doors where the fire trucks had gone in and out. He said he is having a
time finding pictures and if anyone has pictures of the otd fire station, he would appreciate seeing
He then asked if the Council had discussed his letter of December 10, 1989 concerning some type of
dinance restricting usage of the first story buildings downtown He said the original architecture of
wntown was commercial and retail, etc., with living quarters above. He said we are getting more and more
to second story, or bottom floors being converted into residential areas causing more parking problems
c., and this is rather a reverse of what they are trying to accomplish downtown. He asked the Council to
ve this some consideration, noting it will be a complicated subject. He said it is a matter, however,
at needs to be addressed because they need some organization downtown.
Mr. Standefer referred to the problems with taxis and buses downtown. He said there were ten there
with about five vans from out -of -town and five local taxis and all of them out there hustling. He
the last thing the inmates need when they get out is to be hustled. He said the pawn shops have been
ing themselves and are not causing problems. He said the problems are being caused by the taxis. He
the city to set up some sort of taxi stand arrangement He said he originally proposed perhaps two
citing, etc. He said this is what they do in Fort Hood and places simi Lar where they have an influx of
to who are on foot and waiting for some kind of transportation. He said this is an organized way like
use at the airports- -the first one there gets the fare - -no soliciting, etc. He said it reaLly looks
up there - -like a Chinese fire drill - -and it is a bad reflection on downtown. He said he is right in the
'Le of all of this and is the buffer zone, so he watches it go on aLL the time. He said it reaLly is a
Lem that needs to be addressed. He asked them to observe it personally some time and that it is getting
e. He asked the Council to work on an ordinance to address these problems.
Mayor Monday said she will refer both of these matters to Scott Bounds City Attorney
FORMAL SESSION RECONVENED
Mayor Monday then reconvened the formal session. Councilmember and Mayor Pro Tem Howard presented
invocation.
MINUTES OF JANUARY 23, 1990
BOOK "G"
CONSIDER THE MINUTES
Consider the minutes of the council meeting of January 9. 1990
Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously.
CONSIDER ELECTION RESULTS
I
sitions and consider Resolution No 90 -4 certifying the results of that election.
The Council then canvassed the results of the election by reviewing the following electi
tabulation with the separate results submitted by the Election Judges.
THE JANUARY 20, 1990 CITY OFFICERS ELECTION
VOTES CAST BY CITY PRECINCTS RESULTS
CANDIDATES ABSENTEE 101 102 105 201 202 206 301 306
401 TOTAL % OF
VOTES TOTAL
POSITION 1
VOTERS VOTING
BY PRECINCT' PERCENT
OF TOTAL: NO. REGISTERED
PCT.
101
. . . . . . 16
, % OF
TOTAL:
2%
GENE BARRETT
13
7
31
6
19
11
14
10
5
5
121
7%
li WRITE -IN
1
6
7
0
5
2
1
5
0
3
30
2%
POSITION 2
202
. . . . . . 17
% OF
TOTAL:
2%
- Registered:
851
PCT.
206
. . . . . . 17
, % OF
TOTAL:
ILA G. GAINES
14
7
32
6
22
11
14
12
5
5
128
8%
WRITE -IN
0
5
7
0
5
2
1
2
0
3
25
1%
POSITION 3
'.I ABSENTEE
. . . . . . 14
% OF
TOTAL:
8%
JIM CARTER
8
16
27
6
22
13
17
10
5
10
134
8%
WRITE -IN
0
0
6
0
1
3
0
1
0
1
12
1%
POSITION 4
WILLIAM GREEN
12
8
31
5
19
11
15
12
0
5
118
7%
'! WRITE -IN
i
0
6
7
0
4
2
1
2
6
4
32
2%
NUMBER OF
II
VOTERS VOTING
BY PRECINCT' PERCENT
OF TOTAL: NO. REGISTERED
PCT.
101
. . . . . . 16
, % OF
TOTAL:
2%
- Registered:
678
PCT.
102
. . . . . . 41
% OF
TOTAL:
3%
- Registered:
1274
PCT.
105
. . . . . . 6
% OF
TOTAL:
1%
- Registered:
813
PCT.
201
. . . . . . 27
, % OF
TOTAL:
3%
- Registered:
1014
PCT.
202
. . . . . . 17
% OF
TOTAL:
2%
- Registered:
851
PCT.
206
. . . . . . 17
, % OF
TOTAL:
3%
- Registered:
531
PCT.
301
. . . . . . 15
% OF
TOTAL:
1%
- Registered:
1384
PCT.
306
. . . . . . 6
% OF
TOTAL:
2%
- Registered:
247
PCT.
401
. . . . . . 11
% OF
TOTAL:
1%
- Registered:
1434
'.I ABSENTEE
. . . . . . 14
% OF
TOTAL:
8%
TOTAL NUMBER OF VOTERS VOTING IN THIS ELECTION: 170.
TOTAL REGISTERED VOTERS IN CITY: 8 226 % WHO VOTED 2%
History of at-Large ELections
Number voting in 1988: 219 * **
Number voting in 1986: 2060 ++
Number voting in 1984: 1594*
Number voting in 1982: 1685 **
Number voting in 1980: 189 * **
Number voting in 1978: 755+
Number voting in 1975: 634*
*Position 1 opposition
* *Positions 1, 3,& 4 opposition
* * *Incutbents unopposed
+Position 4 opposition
+ +Position 1 & 2 opposition j
MINUTES OF JANUARY 23, 1990
ARY 20, 1990 POLLING PLACES
Ballot Distribution
Number
-- Fire Station No. 2
Specimen
0001
-- Walker County Courthouse
Absentee:
0002 -0050
-- First Baptist Church on 10th St.
Pct. 101
0051 -0350
-- Holiday Inn
Pct. 102
0351 -0900
-- First Presbyterian Church
Pct. 105
0901 -1100
-- Region V1, Education Service Center
Pct. 201
1101 -1650
-- Martin Luther King Neighborhood Center
Pct. 202
1651 -2150
-- Faith Memorial Mexican Baptist Church
Pct. 206
2151 -2600
-- Walker County Appraisal District Office
Pct. 301
2601 -3050
Pct. 306
3051 -3200
Pct. 401
3201 -3650
10
Mayor Monday than presented Resolution No. 90 -4 for approval, the caption of which is as follows:
RESOLUTION NO. 90 -4
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN
THE CITY OF HUNTSVILLE ON THE 20TH DAY OF JANUARY, 1990, FOR THE PURPOSE OF ELECTING
FCUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT -LARGE POSITIONS; DECLARING
THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND
PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY
THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE
ADMINISTRATION OF OATHS OF OFFICE
The City Secretary then administered the oaths. Each Councilmember then signed the official oath of
which will be on file in the City Secretary's office.
CONSIDER G. A. WHITE SUBDIVISION RESIDENTS' REQUEST FOR DEED RESTRICTION ASSISTANCE
Mr. Cantrell thanked the Mayor and Council for the opportunity to make their voices heard. His
Lion is as follows:
"1 cane before you tonight as a representative of the residents and property owners of the Glenn A.
hite Subdivision, which is bounded by 11th on the south, Normal Park on the east, Hickory Drive on the west
nd Bois 'd Arc on the north. Ours is a quiet, friendly and peaceful neighborhood- -it's a good place to
ive and to raise a family or to spend one's retirement years. When the White Subdivision was created in
he 19501s, use of the property was limited to residential use with commercial development prohibited by
ears of a deed restriction. The Subdivision remained entirely residential until several years ago when a
uit was filed to break the restriction so that a used car lot could operate at the corner of 11th and
ormal Park. At that time, the residents ganged together to oppose that suit, but owing to a lack of funds
o fight a prolonged legal battle, and owing to some special circumstances concerning that one piece of
roperty, the property owners were forced to settle for a compromise that allowed that one corner to be
arved out of the Subdivision and be commercially developed.
-'The main reason this was allowed by the Court was because that one piece of property had not been a
of the original subdivision and it was not entirely clear that the restriction had ever been meant to
y to it. Nevertheless, while commercialization was allowed for that one corner, the deed restriction
1
MINUTES OF JANUARY 23, 1990 BOOK "q"
11
for the remainder of the Subdivision remains intact today and over the years, the City has enforced it on
number of occasions, as City Attorney, Scott Bounds, will attest.
'The Subdivision remains entirely residential today and the homeowners in the neighborhood
their homes with the understanding that it would remain that way. Recently a new suit has been f
assured when they bought their property, over the past few years, several of the lots facing 11th Stree
have been purchased by businessmen who presumably bought them with hopes of some day developing the propert
commercially. The homes on those lots became rental property and have been allowed by the owners t
deteriorate. The present suit was brought by a local liquor store owner who apparently Plans to build
Liquor store on the site if he wins his suit against us. Those of us who live in the Subdivision or
convinced that such an action would increase traffic and noise in the neighborhood, lead to an increase i
crime and seriously damage our property values.
"In many cities, conflicts such as this are resolved by means of zoning laws; however, since th
city of Huntsville and its elected Council have maintained a position that deed restrictions are sufficien
to protect property owners, we firmly believe that the City should come to the aid of such property owner
when they find their restrictions under repeated assault as has happened to us. The City has pledged itsel
to enforce deed restrictions. To have any meaning, this pledge must allow the City Attorney to represen
property owners in Court when those restrictions are attacked. If the City does not do this, it means, i
effect, that deed restrictions only protect those who can afford thousands of dollars in legal expenses eac
time their restrictions are challenged in court. it would be hypocritical for the Council to say: 'well
we'll prevent deed restrictions from being violated but will do nothing to prevent those deed restrictior
from being wiped out altogether.' Among those who agree with us on this point is former Mayor Morris I
Waller, who has told us, and I'm quoting the former mayor: 'when the City committed itself to protectir
deed restrictions, it was the intent of the City . . . ,' and those were his words, . . the intent c
the city that the City Attorney represent property owners in court . . .' in cases such as this.
to help us fight this battle. To do otherwise would send a clear signal to us that the Council's stated';
commitment to the integrity of deed restrictions is nothing more than empty words. In the past two weeks,,
we have held two well attended meetings of those property owners and residents who oppose the lifting of thd�i
restriction. A committee from among us recently completed a survey of the opinions of the property owners''
and that survey indicates that the great majority of them agree with the sentiments that I am expressing'
tonight. As of tonight, we have been able to contact 37 of the 42 property owners in the subdivision.:
Thirty of those 37 have expressed their opposition to having the deed restriction lifted. We can only find'':
five of the owners who in any way appear to favor lifting the restriction altogether; none of those live ig
the Subdivision and all of them have an interest in property fronting on 11th Street. only two property,'
owners have expressed no position whatsoever. In other words, 81 percent of those property owners who can
be reached oppose having the deed restriction lifted and no one who actually lives in the neighborhood
favors lifting it.
"Before I finish, I would like to communicate some of the feelings of those in the neighborhood - -them!
feelings that have been expressed in our neighborhood meetings and conversations. I would like to point'!
out, for the benefit of the Council, that everyone who is either a property owner or a relative of a
property owner or a resident or the representative of a property owner in the Subdivision, would you pleaso!,,
raise your hands? Thank you. Some of the property owners in our meetings and conversations voiced',
anger -some outrage- -a few simply fear for what might happen to their neighborhood, but there is no shortage'
of will or determination on our part to do all we can to protect ourselves. There is a strong sentiment!,
among the resident property owners that the deed restriction must be honored and indeed aggressively,
protected by the city. our faith and trust in the city and in the Council will be shaken if we lose this
fight. The majority of the homeowners in our neighborhood, as you can see, are elderly people who have)
MINUTES OF JANUARY 23, 1990 BOOK "Q" 12
Lived there for years and who hope to spend the rest of their lives there. one concerned property owner,
well over 90 years old, has attended our meetings to make his voice heard. Another has braved slippery
sidewalks with a walker to voice her opposition. A few, like me, are first time property owners who have
moved to Huntsville to build a life and career here. Even some who rent homes in the neighborhood have been
present at our meetings and 1 assume are present here tonight to express their opposition to this action.
None of those for whom I speak tonight think that their homes or their quality of life would be enhanced by
the location of a liquor store or similar business in our neighborhood.
"The west end of 11th Street is the entrance to Huntsville for thousands of visitors each year. As
citizens, we would love to see that portion of our neighborhood facing 11th Street enhance the beauty of
Huntsville and present a favorable image of the City to newcomers. If changes do come to that property, we
strongly believe that we, the property owners of the Subdivision, should have a major voice in determining
the nature of those changes. We do not approve of how the developers and speculators who own that property
have maintained it thus far. And if you have seen it, I'm sure most of you would agree. How could we have
confidence that they would put the interest of their neighbors or the City first if they are allowed to
proceed with their current plans. It is in the interest of the City of Huntsville for the city to assist us
in this action. The Council now has the opportunity to champion the welfare of the many over the narrow
economic interests of the few."
Council Questions
Councilmember Bell advised he is sympathetic to what these residents are saying and they have, in
his judgment, the right to maintain their residence and residential life style in the manner they believed '
would be maintained when they bought the property. He addressed Mr. Cantrell and noted the City does not
have a specific deed restriction assault at this point, noting this is a class action suit to try to break
the deed restriction. Mr. Cantrell said he is not a lawyer so anything he says may be not quite right. He
said, however, that they have studied this to the best of lay people's ability and their understanding of
the suit is that there is indeed a suit filed to break or to at least in some way alter the deed
restriction. He said he needs to point out that the legal opinions they have heard say that any alteration
of the deed restriction either weakens it to the point that it is so vulnerable that it is useless or voids
it altogether. He said the suit has been filed to their understanding to actually accomplish that,
preliminary to the suit, which has actually been filed. He said it is just that this first motion for class
certification has to be adjudicated first before the case can go forward. He said if class certification
were not achieved, it might be that the suit would have to be refiled or filed some other way or simply all
of us would have to be sued individually, but this is their understanding. Councilmember Bell recommended
to the Council that they do, in fact instruct and direct the City Attorney Scott Bounds to intervene on
their behalf in order to maintain these deed restrictions which in turn will preserve the integrity of the
Councilmember Barrett said in the Executive Session before this meeting, the Council did have the
consensus of the City Council to help Mr. Cantrell and his neighbors uphold their deed restrictions and that
they think this will set a precedent and that the Council is behind them and will try to help them in any
way they can. He said he appreciates their coming to City Hall.
Councilmember Knotts noted three or four years ago the City had a Zoning Study Commission which he
chaired. He said when he presented their final report to the Council, the Council did not see fit at that
time to consider zoning, but it did state it would uphold and defend deed restrictions.
Councilmember Carter said he concurs with the others and feels there is a general consensus on the '
Council to support the neighborhood and he thinks that is one of the few times they have been as close
together on some issues. He said he goes along with Councilmembers Bell and Barrett in terms of
MINUTES OF JANUARY 23, 1990 BOOK "0" 13
two interests might not be 100% in agreement as the suit proceeds. He said they think they will
substantially in agreement, i.e., 80 -90 %, but periodically, there may be some disagreements about what
city needs versus what the neighborhood needs and what the city sees as best and what the neighborhood s
as best. He said they have to go into this, in a sense, along with the City with that understanding.
retaining an attorney at some point. He said that may not be useful, but the Council needs to make it cL
to them that the City's interest could diverge slightly as the suit proceeds.
Councilmember Gaines agreed with Councilmember Carter, and noted she is also sympathetic
reiterated what Councilmember Carter said in that there may come a time when the residents may not feel tl
the City is acting in their best interests, but they have to recognize the fact that they are represent
the city and those two interests might not coincide. She said she wants them to always know that whate
the outcome of this might be, that the City is sympathetic with them and that they are working to bring
best possible solution to this problem, but they do want them to know that at no point will the City
against them, but maybe the circumstances will make it appear that way. She said some things may hapl
that the City cannot control or they might enter into something that might make it appear that the city
not representing their specific interests. She said they don't know what that might be, but want them
understand and realize this up front that the city is sympathetic and as in any court case, it is going
do the very best for them that it can possibly do, given the circumstances and whatever might develop fi
that.
Councilmember Green noted he is glad all of the residents are here. He said he thinks it is!
important that they all recognize the fact that they have a valid issue and the fact that they do have deed;,
restrictions is really what gives them the right in court to protect the sanctity of their property, because;
when they went into those agreements, in fact, it was a voluntary agreement and their Subdivision has;
remained in tact essentially for 30 years. He said as times change, of course, some times deed]
restrictions are attacked and here is one of those circumstances. He said he hopes the city's intervention
will benefit the residents because he thinks it is not only for this subdivision but for all subdivisions
that have deed restrictions, as the city needs, as best it can, to protect the sanctity of those private
arrangements. He reiterated some of the things some of the others said in that the outcome may not be what;
any of them want it to be as they cannot guarantee that because that is going to be ultimately decided by!
the Court and they do want the residents to recognize the City supports them as they try to protect their!
property.
Mayor Monday then asked for a motion to support a resolution, the caption of which is as follows:
RESOLUTION NO. 90 -5
A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO INTERVENE, ON BEHALF OF THE CITY, IN A LAWSUIT TO ENFORCE AND DEFEND
DEED RESTRICTIONS IN THE G. A. WHITE SUBDIVISION
Councilmember Barrett made the motion to adopt Resolution No 90 -5 Councilmember Howard seconded the motion
Discussion: Mayor Monday noted she appreciates the phone calls she has received and having all of the
residents here this evening. She said there will be the very best interaction possible and the Council will
be following this case very carefully. She told the residents not to hesitate to call them and interact
with them concerning this. Councilmember Carter said if the residents see them diverging from what they
want, the Council may not be coming back for their opinion but the Council does want them to tell them
that. He said they have a good City Attorney, but they need to hear that just as much as he does. He said
if the residents get upset along the line they should not out all of that burden on the City Attorney
because the City Council is in this too and they want to know about it as well Mr. Cantrell thanked the
Mayor and Council for their consideration. All were in favor and the motion passed unanimously.
MINUTES OF JANUARY 23, 1990 BOOK "0" 14
CONSIDER CONCRETE WORK -- UNIVERSITY AVENUE WATER LINE PROJECT
Mr. Gene Pipes, City Manager, advised there were four bids received, ranging from $11,411 to
,143. He then presented the staff's recommendation to award this bid to Spivey Construction in the
unt of $11,411, to be funded $5,749.50 from Water [Account No. 07 -62 -96221 and Streets [Account No.
03-91843. Councilmember Gaines made the motion to approve of the bid from Spivey Construction as
CONSIDER BLACK CHIP ROCK
Mr. Gene Pipes, City Manager, advised the approved 1990 street priority List has 11 streets on it to
seal coated. The amount of chip rock needed to complete the project is 300 tons of grade 95 and 50 tons
grade #4, and will cost as follows: 300 tons of #5 g $30.55 = $9,165, or 25 cents less per ton from Last
r; and 50 tons of #4 8 $30.30 = $1,515, or the same as last year. Since Vulcan Materials is the only
rce of this type of rock, Mr. Pipes said the city is requesting permission to one source the purchase and
expend the $10,680 from capital street funds. Councilmember Howard made the motion to approve of this '
source purchase in the amount of $10.680 as outlined above and Councilmember Gaines seconded the motion
cuss ion: CounciLmember Knotts said the city is paying about double the price to get a higher grade of
erial, but they could get the same material from East Texas Stone except for the color; however for only
tons, it would not make a lot of difference, but if they were to get 3,000 tons, he would express some
cern. All were in favor and the motion passed unanimously.
CONSIDER BIDS POLICE CARS
Mr. Gene Pipes, City Manager, advised it is the City's intent to purchase three new 1990 full size
ars with police packages. He noted the city considered state contract purchase [$12,298.22 /vehicle), H -GAC
$12,025 /vehicLe3, and formal bid [511,900 /vehicle), and chose the formal bid process to get the best
pricing. He then presented the Lowest bid meeting specifications from Moore Henry Motors, noting four bids
ere mailed out. CounciLmember Knotts made the motion to approve of the bid to Moore-Henry Motors and
ouncilmember Barrett seconded the motion. Discussion: CounciLmember Carter noted in many instances,
ublic vehicles are being converted to natural gas and there has been some movement in the state of Texas
or that to occur. He asked the staff to check on the Possibility of natural gas vehicles for the police
leet that we are about to Purchase over the next 5 -10 years Mr. Pipes said the staff has not moved on
his but wants to explore converting the entire fleet. He said it is not a matter of changing anything on
he unit but is a matter of safely adding an appropriate attachment to the vehicles and purchasing refueling
acks. CounciLmember Carter encouraged the staff to look at this because he sees this trend developing and
t looks like to future for public fleet vehicles of all types and that would include dump trucks and heavy
quipment as well. After another question for clarification, all were in favor of the motion on the floor '
nd it Passed unanimously.
MINUTES OF JANUARY 23, 1990 - BOOK "0" 15
CONSIDER POLICE UNIFORMS
Consider bid for annual contract for replacement police uniforms to R &R Uniforms as per unit Price indicated
Mr. Gene Pipes, City Manager, presented the purchasing agent's recommendation to accept the lowest
bid meeting specifications presented by R &R Uniforms, as follows:
Convertible parka
$124.30
[long length]
Polyester trousers
$42.90 [with stripe]
65/35 Trousers
48.95
[with stripe]
Short sleeve 65135
30.75
Short sleeve - polyester
24.75
Long sleeve 65135
35.00
Long sleeve
27.40
Tie
3.95
Convertible parka
105.25
[short length]
Alternate gabardine
32.15 [with stripe]
He advised six bids were mailed out and two of the three returned were marked "no bid."
seconded the motion. ALL were in favor and the motion Passed unanimously.
CONSIDER DOWNTOWN SIDEWALKS
Consider Recommendations from the Arts Commission concerning the sidewalks in the nine block designated[I
downtown Project area
Mr. Gene Pipes, City Manager, advised that included in the Council's packet was a memorandum from''.
Linda Pease, Arts Commission Coordinator, outlining the recommendation of the Arts Commission that the'.'
downtown be defined as the nine block area including the Courthouse and the eight surroundina blocks to the
center line of the border streets: that the City use Pavers in the antique red with curbs being dark gray,' ".
and that there be planning for handicap access because the downtown needs to be accessible at all corners to'..',
handicapped people (construction of sidewalks should be ore - Planned so that there is nothing to impede the
use of the area by all Persons: and finally, if the use of Pavers is not feasible the second choice is to
use plain concrete sidewalks. He said supplemental to that, the City has received recommendations from they..
Architect, Kim Williams: 1) to adopt the antique red. Holland stone /Pavers tone Laid in a simple"
herringbone pattern 90 degrees [three sample traditional rectangular Holland stone bricks were displayed for "(
Council to show shape and color being recommended]• 2) if that is too expensive or cannot be reasonably!;
implemented throughout the downtown in a maximum of 1 to 3 years then a simple Poured concrete sidewalk is"
the Preferable alternate solution• and 3) proper scheduling of new Pavers installed with each facade]
improvement would be Preferable: obviously each side of the Square should be improved at a time Mr. ��!
Williams also -'strongly urged" the Long -term and possible interim short -term solutions to street side
electrical service to the House of Furniture, Ernst Jewelry, and side service at the Smithers building. He,
noted minimal solutions should include at least rear service of the weather head loop and every effort!',
should be made to analyze all issues involved and present safe but flexible alternate solutions.
Mr. Pipes advised there was a meeting last week with Kim Williams and others to receive some
guidance and input. He said this group's recommendation is to go with this particular project, and if not,
to go simply with the poured concrete and not try to do anything that deviates from the standard gray';.
concrete. He said the concept is that if we are going to do anything that adds more or takes away from the,'
building facades downtown, we will have actually gone too far by going into some other options that may be
available. He said the proposal is thought to be subdued enough in color, tone and pattern configuration',
that it will not detract and the city will add some flavor and uniqueness to it, but the grey sidewalks are
the alternate recommendation if this is not to the Council's satisfaction. Mr. Pipes advised Dr. Herb
Mueche of the Huntsville Arts Commission and Ms. Linda Pease of the city staff are present should the
Council have any questions.
Mayor Monday noted the motion is to accept the area designated and the material designated to be
done and to do one side of the Square at a time, as recommended by Mr. Williams and the Arts Commission.
Councilmember Knotts made the motion to accept the Arts Commission recommendations and those of Mr. Kim A
Williams. as Presented above. and Councilmember Barrett seconded the nation All were in favor and the
motion passed unanimously.
MINUTES OF JANUARY 23, 1990 BOOK .,Q" 16
Discussion: Councilmember Knotts said he is glad to see they stayed with the same color and said he
Ld rather see the City do the Square like it did the south side and do the other three sides. Mayor
day said the plan is there, but it will have to be done in conjunction with the water line work.
nciLmember Knotts felt if it takes more money, we'll just have to find some. Mayor Monday noted this
ion is to include the recommended pattern. Mr. Knotts felt the zig -zag pattern is stronger, but all of
n are going to have to be maintained and we're going to have to keep something swept in them and pick up
e and replace them whenever they need it.
Dr. Herb Mueche of the Huntsville Arts Commission, advised that a representative of the Walker
ty Historical Commission, who attended the meeting held with Kim Williams and the participating downtown
arty owners, has approved of the brick pavers. He noted all of the property owners are 100% for this
icular project.
Councilmember Barrett asked if this federal grant can be used on any part of this project. Mr.
ipes said it would probably not because the National Endowment for the Arts Grant is intended to encourage
rtistic work, and not brick and mortar, unless it is related to a theater or some other artistic function.
e said the city can make some amendments to the grant should it be awarded, later. Mayor Monday said she
ould think the handicap access so people could access either the artistic performing center or displays,
aLLeries, etc. would be eligible. Dr. Mueche said one of the aspects we would get, if the grant is
pproved, would be this cultural designer and part of the duties there would be, as a sub - project, to have
omeone that would be expert in streetscape to make sure the sidewalks were accessible to handicapped
eople, so while we would not be buying any hard material, hopefully we would have some advice as to how
est to make the transition to curbs and sidewalk level so that it would be accessible, and this expertise '
ould be grant eligibLe;hard brick and mortar would not be eligible. CPUnci Lmember Knotts said it was his
nderstanding the matching funds the city provides can be used for some of the improvements. Linda Pease
aid in the second and third year, there is a figure built in for actual brick. CounciLmember Knotts asked
f the $150,000 matching for this $300,000 grant from the city could be what the city does in the fourth
ear. Ms. Pease said in the budget which they have proposed there was a figure. Councilmember Barrett said
he sidewalks are going to add to the decor of the downtown area so he would think the city's matching funds
Duld certainly be used for the sidewalks. Councilmember Knotts said this is the way it was sold to the
ity. Mr. Pipes said this is a third year grant item. Linda Pease agreed, noting it can not be included as
grant eligible expense in the first year. Mayor Monday said, however, it can be included in the second
nd third year. All were in favor and the motion Passed unanimously.
CONSIDER 11TH STREET WATER LINE
Mr. Gene Pipes, City Manager, advised that in conjunction with the north side square project the
ity came across the block adjacent to the Courthouse and it has since been determined that while we are
rider construction with this project it would be beneficial to cross over to University Avenue and go down
D Avenue J to complete all of the work on the north side of the square adjacent to 11th Street rather than
D break it up into separate projects. He said the staff did not ask the Council's approval to move this
roject up in the project list before Christmas and now it realizes that in going on down this last block,
e can get aLl of the downtown area with the 12 inch water main project. He asked for the Council's
oproval of an estimated $25,700 in CIP funds to complete this last block, going from the old Post Office
3st to the Walker County Hardware to tie into the Avenue J system. Councilmember Barrett made the motion
is seconded the motion. Discussion: Councilmemloer Carter asked if this includes any sidewalk work. I
Pipes said it does not. Mr. Pipes said the the funding for this project will come from Water and
r. All were in favor of the motion on the floor and the motion Passed unanimously.
MINUTES OF JANUARY 23, 1990 BOOK 110" 17
CITY MANAGER'S REPORT--GENE PIPES
Supplemental Items to Executive Session- -Real Estate Acquisition on 7th Street
Gene Pipes advised two items were added to the Executive Session discussions: consider a real
estate acquisition matter on 7th Street and consider pending Litigation: Acker V. City. He noted the
Council will continue its Executive Session after this formal session to complete its discussion on the real
estate acquisition matter on 7th Street.
Consider supplemental repair cost to the 855 tree loader in the amount of $1 -029 to Stewart and Stevenson
Mr. Pipes advised the Council gave permission previously for $6,000 for repairs to the 855 trac
Loader. Subsequently, the machine was returned to the City, he said, and in addition to what was originally
expected, there was some U -joint damage that had to be repaired. The total bill is now $7,029.21, he
reported, and since this is over the $5,000 limit, the staff seeks the Council's formal approval for the
additional money in excess of the $6,000, which would be $1,029 for this repair. Councilmember Hammock made
the nation to approve of this $1.029 in repair costs and Councilmember Bell seconded the motion ALL were
in favor and the motion passed unanimously.
Consider an update on the status of alarm equipment in the Police Department and authorization to seek
formal bids of maintenance and repair of the equipment by contract
Mr. Gene Pipes, City Manager, presented a memorandum prepared by Larry D. McDugLe, Lieutenant of the
Huntsville Police Department, which advised the current contract with Resources Security expired in
February, 1989 and since that time, the city has continued the contract on a month -to -month basis with
Resources Security. In accordance with the contract, the alarm receiving equipment purchased by Resources
Security in 1986 became the property of the City of Huntsville upon expiration of the 1986 contract, McDugLe
stated. In November, 1989, Lt. McDugLe stated, he released a bid quote for a maintenance contract on the
alarm equipment and bids were opened on December 12, 1989 with only one company, Resources Security,
submitting a bid. Lt. McDugle said this bid was for $25.00 per month per subscriber connected to the police
alarm equipment, which would amount to $725 per month or $8,700 annually based on current subscriber
numbers. He said he feels this bid is excessive for a maintenance contract and rejected the bid and
elected to procedd a second bid.
Mr. Pipes noted the Lt. McDugLe reports there has been very few maintenance calls on the equipment
since initial installation and it is still state -of- the -art technology and consists primarily of printed
circuit boards, which are merely replaced, if necessary. The Council was advised that the older the
equipment becomes, however, the more maintenance may be required. Lt. McDugLe advised he also spoke with
Morse Security Group, manufacturer of the Varitech equipment the city has, and was advised the probable
value of the equipment, at present, is an estimated $8,000. He said for this reason, the bid from Resources
Security is still considered high.
The Council was advised Lt. McDugLe feels a more appropriate bid would be less than $3,000 a year
and that this would be the extreme /maximum, especially if the maintenance contract provides that the city
will purchase any needed parts and equipment. Ordinance No. 89 -30 provided the funds for maintenance and
replacement of alarm receiving equipment would be derived from the $25.00 per month user fee paid by
subscriber to the City, Lt. McDugLe reported. Currently, a $25.00 per month fee is still being paid to
Resources Security, however, this would cease when the maintenance contract is awarded, he noted.
Mr. Pipes, City Manager, said the condition of the alarm business in Huntsville has changed
significantly. He said the city had two alarm companies and many alarms four years ago; it now has about 30
' alarms and one company left in town. He said mostly the alarms are not wired into the police station but
are monitored in Colorado. He said the state of the electronic monitoring technology has really changed and
those customers, such as banks and major installations that are indeed alarm systems, are either wired in or
taken care of by some other means. He said the City needs guidance as to what the Council would prefer to
do.
MINUTES OF JANUARY 23, 1990 BOOK "0^ 18
Mayor Monday suggested giving the staff authorization to go out for bids. CounciLmember Barrett
ipment and CounciLmember Carter seconded the nation. Discussion: CounciLmember Green asked if this
ion precludes another decision. Mr. Pipes said if the bids are not acceptable, the Council can reject
m and do something else. CounciLmember Bell suggested privatizing this entire operation. Councilmember
tts asked what would be the objection to privatizing it. Mr. Pipes said this is a matter of how the
ticular users of today would feel about it. He said they have made no survey. Mayor Monday said there
wing to depend on private services. CounciLmember Bell felt we should check with the banks again to see
iw they feel about it now. CounciLmember Knotts felt their opinion would be helpful to making this
.cision. Mayor Monday felt we should authorize the bids see how they come in and at the same time do
�e survey and get the opinions of the commercial users. Councilmember Knotts said if we get the bid
iformation in, then we would have some dollar value to talk to them about. CounciLmember Barrett said we
e going to have to show them they are going to be as secure as they are now with a new program because
ey want that secure feeling that if it goes off, somebody is going to be there and that they will not have
break down to Colorado. All were in favor and the motion Passed unanimously.
CONSIDER ORDINANCE ON PARK CURFEW
Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows:
ORDINANCE NO. 90 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,.REGULATING PUBLIC ACCESS TO I
EMANCIPATION PARK; PROHIBITING USE OF EMANCIPATION PARK BETWEEN 9:00 P.M. AND 4:00 A.M.; PROVIDING
A FINE OF $1-200.00 FOR ILLEGAL USE OF THE PARK; PROVIDING FOR POSTING OF NOTICE OF PARK HOURS; AND
MAKING OTHER PROVISIONS RELATED THERETO.
r. Pipes advised some months ago the city had a recomnendation from a neighbor or two in the Emancipation
ark area to consider doing something about the crowds that gathered and played music and generally
isturbed the residents late at night. Subsequently, he said, the question was posed to the Parks Advisory
oard and it then made a recommendation to the Council that this ordinance be considered. He said the
rdinance includes aLL of the considerations discussed by the Parks Board and establishes hours for usage of
mncipation Park to be between 9:00 P.M. and 4:00 A.M. and that these ours are considered inappropriate
imes for park usage. He said those particular arrangements for the use of the Martin Luther King
eighborhood Center Building, in excess of the 9:00 P.M. closing hour, would be by special arrangement and
ouLd be permissible. He then recommended adoption of this ordinance.
CounciLmember Howard advised that two months ago he read a portion of a Letter that he received from
He encouraged the Council to adopt this ordinance.
Discussion: CounciLmember Howard said he feels in order to maintain the park and to keep the
ect of the park, it is necessary that the Council passes an ordinance such as this so that the City can
a handle on the kind of activity that is going on in the park. He said he has noticed several times
people from other counties and communities are gathering there at different times and they pose a ,
at to the minds of our young people because they are inviting them. He said in fact one man was selling
and they tried to decide whether he was selling drugs or shirts and caps. He said they finally
rmed him that it would be better that he move on because they were going to watch him. Counci lmember
rd said it is this kind of thing that they are up against at Emancipation Park. He said it is in an
where people do cross for various reasons and he is concerned that they do not abuse the park at night
MINUTES OF JANUARY 23, 1990 BOOK "0" 19
at times when people are trying to rest. Mayor Monday advised a number of people have said they really we
that park to be for family use and want to feel secure in bringing their families there. She said the
have been a number of improvements to that park, including a covered basketball court, a baseball field, a
an improved playground area as well as the building itself. She said the city has a joint participati
arrangement now with the Progressive Women's Association and they are going to be working with the city
the budget to authorize $1,000 to match their $1,000 to purchase chairs for the building. She said th
are about to begin their fund raiser to bring those dollars together for that notch. She felt there was
very positive movement ongoing to encourage family usage of the park. Councilmember Barrett asked if the
was an ordinance that prohibits the sale of merchandise in a city park. Mr. Pipes advised there we
Councilmember Barrett advised Councilmember Howard to encourage residents to call the police when they s
that type of activity going on in the park so they will not have to deal with this personally and can L
the police handle it. Councilmember Bell suggested that a 9:00 P.M. closing time may be too early in r:
motion on the floor and it Passed unanimously.
MAYOR'S ACTIVITY REPORT--JANE MONDAY
Alcohol /Drug Abuse Task Force Report
Mayor Monday advised this Task Force is active; that the President of the Task Force is Jack Ky
and that he has requested permission to address the Council on a regular basis to update the Council
their work.
Huntsville. Alabama Thank You Letter for Storm Relief Funds
Mayor Monday then read a letter from the Mayor of Huntsville, Alabama, Mr. Steve Heddinger,k
addressed to her and County Judge Frank Robinson, as follows: �
Ii
"Dear Judge Robinson and Mayor Monday:
-'On behalf of the citizens of Huntsville, Alabama, I wish to express our appreciation for your.i
thoughtfulness and prayers for our city during the tornado of November 15, 1989. Please extend to the fine'l
citizens of Huntsville, Texas, our sincere thanks for the check in the amount of $1,774.30 to be used ini'i
assisting those affected by the disaster. The total recovery, financial and emotional, will take some time.,11
We are making progress towards repair and replacement of the structural damage, but the psychological scars
will take much Longer to heal. This gesture of willingness to help others is indicative of the human spiriti'i
and genuine love for one another that this Country was founded upon. The special concern of you and the!I
citizens of Huntsville, Texas for the citizens of Huntsville, Alabama will always be remembered. Agai n,
thank you for your generous gift, thoughts and prayers."
Proclamations
Mayor Monday noted she also did two proclamations for Huntsville High School for their geography
program and one for their energy awareness program. She invited the Council to tour the halls of the High
School, which is now a real challenge as they have lined the halls with continents and countries and every
room is a different country and every door is a different country with all the information on that country
and as one walks through the halls, it is Like a trivia game because one has to decide which country they
are passing. She said teachers and students will be taking an exam to see if they can fill in those
countries. Another proclamation was to honor First National Bank for 100 years of operation, she noted.
' COUNCIL ACTION
Bus Station /Taxis /Vans - -Havoc
Councilmember Bell advised of the havoc surrounding activities at the local bus station when inmates
are released. He said he wandered through the vans and taxis and realized the city has a problem there. He
asked for a work session to sort out some of the problems that still exist there Mayor Monday agreed this
MINUTES OF JANUARY 23, 1990 BOM "Gm 20
ceded to be done, but noted the staff could be potentially involved in other matters for the next few
asks, but after that time, they will take a Look at this. She felt the Council should be there to see what
s going on during peak hours as that will be helpful to the discussions. Cou cilmeaber Bell felt there is
potential hazard there. Councilmember Barrett felt the Police Chief should be given authority to go ahead
pen first hand as he is often in this area. He said it is a comedy and the city needs to get some
zation of who can take care of who and set some rules. He felt Mr. Standefer made a good
endation concerning lining up the taxis and vans and taking turns and to stop the soliciting. He
that Chief Eckhardt work on this right away. Councilmember Bell agreed with Councilmember Barrett.
d this does not Preclude Chief Eckhardt looking into the matter. however. CounciLaember Bell said the
eral business people in the area are concerned about what is happening to their legitimate businesses and
is concerned about that too.
Councilmember Carter voiced his concurrence with the comments of Councilmember Bell as he has also
erved this area and was surprised at the amount of activity as he went by, noting they really are all
r the street and all over the area. He said there were several vehicles apparently looking for business.
felt something has to be done.
Councilmember Knotts referred to an article he had inserted in the agenda packet for information
oncerning the fact that City Council's can change zoning, noting it is up to the City Council to "rezone.-' '
ity Praised for P.R. concerning Water Line work
Councilmember Gaines passed on comments from Betty Dunlap for the courtesies shown her by city staff
ho were working in her neighborhood. She said Ms. Dunlap was very concerned Last year about proposed water
ire work to be done near her property and was distressed at the thought of losing trees in her yard.
ouncilmember Gaines said Ms. Dunlap is delighted about the way things have been handled in her area and
Councilmember Howard noted in August of 1988, the City Council passed a resolution authorizing the
ty to participate in H -CAC's regional 9 -1 -1 plan and authorized the Mayor to appoint three representatives
the County Coordinating Committee. He advised that the implementation of 9 -1 -1 emergency telephone
twork is getting underway and that H -GAC will be expanding the 9 -1 -1 service area in Walker County and
grading the present systems service features by January 1992 as a part of the new Regional 9 -1 -1 plan
veloped by H -GAC and representatives of Walker County emergency and telephone service providers. He said
e plan and its implementation schedule are part of a statewide effort to set up 9 -1 -1 emergency
mmunications systems throughout Texas. He noted state legislation is requiring larger counties to
rticipate in 9 -1 -1 systems, but counties with less than 120,000 people, such as Walker County, have the
tion to participate in a regional 9 -1 -1 system.
Mr. Howard advised the Walker County Commissioners Court and the city councils of Huntsville, New
verly, and Riverside, along with eight other counties in the upper Gulf Coast region, worked together with
eH -GAC, the area's planning agency made up of over 150 local governments, to set out a set of plans for
1 -1 operations in each of the counties. He said by March of 1991, people across the entire county will be '
,le to save valuable time in any type of emergency situation by simpLv dialing the digits 9 -1 -1 People in
e Shiro, Eastex, Waterwood and the Trinity exchange north of the Kitrell cut off, will have their 9 -1 -1
Its initialty answered in neighboring counties. City of Huntsville 9 -1 -1 calls- he noted, will be
MINUTES OF JANUARY 23, 1990 BOOK "O" 21
service will be notified immediately and dispatched to the scene of the trouble.
The Council was advised money to finance the 9.1 -1 system will come from the proceeds of an
emergency service fee and an equalization surcharge to be a part of each Walker County telephone
subscriber's monthly bill. These fees, he noted will be added to telephone bills beoinninw in January,
1990. Counci Lmember Howard said the service fee. set by State Legislation and approved by the Texas
Advisory Commission on State Emergency Communications, is $0.50 per telephone access line per month In
addition, the equalization charge is 2/10 of 1 percent on alt intrastate Long distance caLLs. He said
Walker County's representatives on that advisory panel are Chief Hank Eckhardt of the Huntsville Police
Department, Huntsville's Fire Chief, Joe French and Walker County Commissioner Joe Malak.
RECESS TO EXECUTIVE SESSION
Mayor Monday then recessed the Council into Executive Session at 8:30 P.M. to continue its
discussion of the acquisition of real estate on 7th Street. The Council did not discuss any other items and
took no action. The Executive Session ended at 8:45 P.M.
ADJOURNMENT
Respectfully submitted,
'Ruth DeShaw, City Secretary
' January 23, 1990
U