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MIN CC 01/30/1990MINUTES OF JANUARY 30, 1990 BOOK "0" 22 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 30TH 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 Ila G. Gaines William B. Green Scott Bowls, City Attorney William H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary Member absent: William L. Hammock CONVENE FORMAL SESSION AND RECESS TO EXECUTIVE SESSION Mayor Monday called the formal session to order at 6:00 P.M. and then recessed the Council into the scheduled Executive Session to consider pending or contemplated litigation concerning the G. A. White Subdivision, and Acker Vs. City; a real estate acquisition matter of 7th Street property; and a personnel matter concerning Charter Officer Review: Gene Pipes, City Manager; Scott Bounds, City Attorney; Ruth DeShaw, City Secretary; and City Judge, Robert DeLong. The Executive Session ended at 7:50 P.M. in order to conduct citizen input /inquiry session. The Executive Session will continue after the formal session is completed. No other items were discussed in executive session and no formal action was taken. CITIZEN INPUT /INQUIRY SESSION Opat Lynch, Chairman, Progressive Women's Association to present matching funds check to Citv Ms. Lynch appeared, with other members of the Progressive Women's Association [a non - profit organization pledged to help the local community] , to present the Mayor and City Council with a check in the tables and two chair caddies for the Martin Luther King Neighborhood Center, located in Emancipation Park. She noted the Center also needs an electric hot water heater, electric stove, refrigerator, piano and other items. She said her organization plans to continue to hold fund raising events to solicit donations from the community, other organizations and churches until they meet their goat of seating 400 people. She then presented the 81,000 check to the Mayor. Mayor Monday expressed her appreciation for the check and noted the City has included in its budget the matching funds for this 81,000. She said the allocation wiLL be formally made by the Council at a future meeting. She encouraged the Progressive Women's Association to bring any other matching fund challenges they may have to the City for its consideration. She requested that Ms. Lynch arrange with the City Secretary, a date and time for a photo of this check presentation to her. W AIt e. Mr. CantreLL advised last week 30 -50 of the residents from the G. A.W 'addition neighborhood were here to seek the city's assistance in fighting a Lawsuit that has been filed against them by a Local liquor store owner to have the deed restriction in their neighborhood lifted, presumably to allow conmerciaL development along 11th Street of lots fronting their neighborhood. He said they were very, very pleased at the response of the Council in pledging that the City Attorney would intervene on their behalf and that the City would be involved and concerned with them in this. After speaking to City Attorney Bounds earlier this Mayne the Cnty Won't even ask for party status in that suit He said his understanding is that if this is the case, then that will leave them exactly where they were before last week, facing a legal battle that could cost them thousands or tens of thousands of dollars to defend their neighborhood against this sort of invasion, really to keep their neighborhood from being ruined by the building of a liquor store right down the street and who knows what else. He said the reason he wanted to be here today is to see if there is anything the CounciL can tell m about where they stand and if they are back to base one facing this uphill battle He said the city, they alt know, is pledged to enforce deed restrictions, but are they back to the case that while they can orce deed restrictions, there is absoluteLy nothing the city can do to keep deed restrictions from being 1 MINUTES OF JANUARY 30, 1990 BOOK "0" 23 voided altogether. He said this sort of reminds him of a doctor who could treat a common cold but if the patient had cancer, the doctor would have to sit back and do nothing at all. He asked if this is where we stand, and if so, what can the 40 -50 of them in this neighborhood who are against this do to protect themselves. Mayor Monday responded by saving the Council was just in Executive session to discuss this issue and they will be continuing their discussions after this formal session. She said the topic is still under discussion by the Council. Mr. Cantrell said they just wanted the City to know they are still out there and that they are still very concerned. He said even if 40 -50 of them are not here, there are several of them here. Mayor Monday noted they had good representation last Tuesday and they are glad to welcome everyone. Clyde Murray to discuss the G. A. White Subdivision Litigation Mr. Murray said he wanted to reinforce what Dr. Cantrell said and also to introduce Mr. Dollar, who is the third member of their steering committee. He said he just returned to Huntsville after a long absence; that he has traveled a lot; that he does live in the G. A. White Subdivision; that his parents bought a house there in 1971; and that he thinks Huntsville is one of the most scenic communities that he has ever seen in aLL of his travels. He said he is still getting to know the city and the players, and does not know all of their nuances yet and doesn't know and cannot detect the hidden agendas, if there are any. So, he said he will just say they are united in the G. A. White Subdivision. He said they have a Lot of elderly people out there. He said he got involved partly because his parents are elderly and his Dad simply cannot get out anymore, so he is here representing himself and his parents as well. He said as a Layman, and not as a Lawyer, it seems to him that if the City enforces deed restrictions in a community then it also serves to Protect them and defend them. He said this would seem to him that this would be to the ' bitter end. He said he hopes they are not close to the bitter end. He also hopes they don't get off and focused on other matters here and other contexts because they have a problem out there now and it is immediate and eminent and they need assistance now. He said as Dr. Cantrell said. we need some help now. He thanked the Council for the position it took last week and asked them to do what it can for them. Mayor Monday said the Council appreciates their coming and all of them being here. She said they do recognize their interests and do understand. She said she could guarantee them that as soon as they do know something about this they wiLL certainly be communicating with them up front and they will be the first people to know since they are a part of this litigation. FORMAL SESSION RECONVENED Mayor Monday then reconvened the formal session. Councilmember and Mayor pro tem Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES Consider the minutes of January 23, 1990 Councilmember Barrett made the motion to approve of the minutes of January 23 1990 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. RECOGNIZE HUNTSVILLE HIGH SCHOOL ACADEMIC TEAM Receive and honor the Huntsville High School Academic Team for their accomplishments by consideration of Resolution No. 90 -6 Mayor Monday then read Resolution No. 90 -6 congratulating and commending the Huntsville High School Academic Team, consisting of the following students: Kenny Fair, Captain; Christina Bites, Steven Dinh, Greg Karnak, Richard Koeh L, and Joanna Fair; and sponsors: Ms. Shirley Jackson and Ms. Connie Parker. The ' Resolution noted the Huntsville Academic Team is now preparing to enter the final round against Bellaire High School of Houston on February 7, 1990 to decide the championship. The resolution also declares February 7. 1990 as "Hornet Academic Day in Huntsville.-- Councilmember Barrett made the motion to adopt Resolution No. 90 -6 and Councilmember Howard seconded the motion. ALL were in favor and the motion passed unanimously. The Mayor and Council then presented each student and sponsor with a certificate of MINUTES OF JANUARY 30, 1990 BOOK "0" 24 tion and Ms. Shirley Jackson, sponsor, received a hat with the initials "H.A.T." on it which is an for Huntsville Academic Team. RECEIVE RETIRING CITY EMPLOYEES The Mayor and Council then recognized Mr. Abbie Frizell for his 10 years of service: Mr. Aaron Tate r his 22 years of service and Mr. A. E. Hamilton for his 41 years of service. Each received a plaque and City of Huntsville jacket bearing their name, the word "Retired" and their years of service so inscribed the front with the words "City of HuntsviLLe" with the tree Logo on the back. A reception was held in eir honor after the regular meeting. CONSIDER ARTS COMMISSION EXPENDITURE OF UNALLOCATED FUNDS Mr. Gene Pipes, City Manager, advised Ms. Linda Pease, Project Coordinator of the Huntsville Arts on, has requested on behalf of the Arts Commission, the expenditure of unallocated funds, as Lows: Ldren's Tent -- General Sam Houston's Folk Festival .................8375.00 nting for PBS film by McLvin Mason (underwriting) ................. 170.00 cher Training Workshop in the Arts for HISD & Regional Teachers ( Underwriting) ... ............................... 500.00 bership in the National Assembly of Local Arts Agencies........... 145.00 AL -------------------------------------------------------------- 81,190.00 advised the unallocated fund balance as of January 25, 1990 is 83,247.01. Councilmember Howard made the CONSIDER CHEMICAL GROUT Mr. Gene Pipes, City Manager, advised Avanti International of Webster, Texas is the sole supplier of -100 Chemical Grout in the State of Texas. He advised for the past year and one -half, the City has been rchasing AV -100 chemical grout [a mixture of three or more water soluble chemicals which produce stiff Is from properLy catalyzed solutions] for the capital improvement T.V. crew. He said the purchasing vision has only been able to locate one supplier within the state due to the limited use of this product roughout the state. Because of the tremendous consumption of this product, he said, it is his commendation that the City place Avanti International under annual contract for the sale of AV -100 emical Grout. Councilmember Bell made the motion to approve of Ayanti International for this annual CITY MANAGER'S REPORT --GENE PIPES Mr. Gene Pipes, City Manager, advised the staff requests that taxiway /runway intersection signs be nstaLLed at the airport, as follows: ' Runway 18 Hold Sign - - - - -1 each X 8 881.00 = 8 881.00 Runway 36 hold Sign - -- - -1 each X 8 881.00 = S 881.00 Runway 18 -36 HoLd Sign - -2 each X $1,505.00 = $3,010.00 Total = $4,772.00 MINUTES OF JANUARY 30, 1990 BOOK "C" 25 He noted the F.A.A. has concurred with this change order. The cost to the city will be $477.20, which represents 10 percent of the total cost of 54,772. Councilmesber Howard made the nation to approve of this change order as outlined above and CounciLmember Knotts seconded the motion. All were in favor and the motion Passed unanimously. Consider bids for sewer line construction and lift station elimination to Brazos Valley utilities in the amount of $16.056, to be paid from capital utilities fund Mr. Gene Pipes, City Manager, presented the staff recommendation to award this bid for the sewer line construction and the Cruise lift station elimination project to the Lowest of three very competitive bidders, Brazos Valley Construction, in the amount of $16,056.58. He advised this lift station is just off of Crosstimbers and Elmwood Streets. This lift station will be taken out of service, he said, and we will connect that location by gravity Line to the main that goes through on Hickory just below the Rollingwood Apartments. He noted the city will re -use the lift station at another location in the very near future. He noted budgeted funds consist of $8,500 and it is recommended that additional funding cane from Infrastructure Improvements, which has a balance of $422,000 as of December 31, 1989. The Council was advised the increased costs are due to easement relocation dictated by the property owner which required excessive depths above those originally intended. Councilmember Barrett made the motion to approve of this bid as outlined above and Councilmember Gaines seconded the motion All were in favor and the nation passed unanimously. Response to Bette Nelson's concerns during Citizen Input /Inquiry Session of last week Garbage Collection Practices on the Square - -Mr. Pipes advised the city actually makes two trips per day through the downtown area on Monday, Tuesday and Friday. He said while there is a very early pickup between 6:00 and 6:30 A.M. pm Monday, the city returns between 12:00 Noon and 1:00 P.M. on Mondays for the second pick -up. He said there is no reason for anyone to put their garbage out over the weekend to be collected on Monday morning at 6:00 A.M. He said it could just as well be placed out after they arrive at work on Monday. An option for all store operators is the dumpster containers so they could terminate residential type collection in the downtown area, or some other means to remove the 6:00 A.M. pickup schedule on Monday and just not make it available so there would not be a reason to put the garbage out. He said there is a benefit of having an early morning route and that is to pick up the Litter containers on the square while there are no cars parked there. He said there is no reason for merchants to put their garbage out on Saturday nights. He said the city will be communicating this information to the merchants. Jim Standefer's recommendations on the downtown parking regulations and transportation Problem at the bus station Mr. Pipes presented Mr. Standefer's recommendations to the City Council for their consideration. He noted the city will be discussing this in greater detail in the near future. He said Chief Eckhardt has also done some research on the parking problem and he will also be reporting those facts to the Council at next week's meeting. MAYOR'S ACTIVITY REPORT- -JANE MONDAY Mayor Monday invited everyone to a reception after the formal meeting to honor the retired employees. She also advised she joined congregation of the Warren Chapel Church on Sunday, located on Highway 190, as they celebrated their 111th year of service to the community. Mayor Monday also stated she participated in a photo with Dr. Martin Anisman, SHSU President, and Dee McFarland, Acting President of the ' Huntsville- Walker Chamber of Commerce, to promote a tourism magazine being joint ventured by the city through the Chamber's Tourism Division and SHSU to highlight recreational opportunities, museums, restaurants, etc, in this area, to be distributed throughout the community. She said it will be published semi- annually, January and in the summer. She said the subscription cost is $3.00 for the two issues or $1.75 each. She encouraged everyone to obtain a copy of the first issue to review. MINUTES OF JANUARY 30, 1990 BOOK "Q" 26 COUNCIL ACTION CounciLmember Barrett said he and Mr. Pipes, City Manager, represented the Council and the City on EMS board on Monday. He said they have conducted a financial review of the EMS and find that CPA Ken s gives EMS a very positive financial report. He advised EMS has a new director. Mr. Paul Alexander. that its former Director. Robert Brown, is now the Assistant Director. He said the Board specified that did not want both of them to be out of town at the same time in order that one will be here to secure kind of an emergency situation the city may have. He said EMS is doing a good job and everything is g weLL. CounciLmember Gaines advised she has received a call from Juanita Lynch who is concerned about the raffic problem on Highway 30 at the west Hill Mall. She advised of the problem in entering Highway 30, articuLarly from Brazos Drive and trying to turn left. She noted Ms. Lynch has noticed many near accidents n this area. She asked Mr. Pipes to visit with the SDHPT about this concern to see what can be done. ounciLmember Barrett suggested getting a traffic light installed at this location. Councilmember Gaines oted it is a very dangerous intersection. Mr. Pipes said he will Proceed by contacting the SDHPT. CounciLmember Carter rated Thursday is Arbor Day. Mayor Monday said the Arbor Day Ceremony is set or 10:30 A.M. at the Sam Houston MemoriaL Museum. Councilmember Carter encouraged everyone to Participate. noting Champion International will be giving everyone a seedLinci at this event. Additionally, December 31 is the end of the "Big Tree Contest-' for this year, he advised, and that 41 species have been identified that are representative of large trees in the County and City. He said a list will be provided to the punch next week. He said perhaps the Largest tree they have discovered is in the city is on property wned by Mr. Harvey Vance 609 7th Street]. He said those who want to see the biggest tree in the city hould view that one. He said they have possibly identified the biggest tree in the county, from the known nes, which is also worth seeing. He said there is potentially a National Champion in walker County as well RECESS TO RECEPTION The Mayor and Council then recessed to conduct a reception in honor of the city's retiring EXECUTIVE SESSION CONTINUED The Mayor and Council re- entered its executive session after the reception to continue its ons of the posted items. No other items were discussed in Executive Session. No formaL action was y so the Council did not reconvene its formal session to take action. ADJOURNMENT Respectfully submmii /titteedd,, ' Ruth DeShaw, City Secretary January 30, 1990