MIN CC 04/03/1990MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "g" 71
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF APRIL, 1990 IN THE CITY HALL COUNCIL
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:15 P.M.
The Council met in a regular session with the following members present:
Jane Monday, Mayor 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 H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary
Member absent: William L. Hammock
FORMAL SESSION
Recess to Executive Session
Mayor Monday called the formal session to order at 6:30 P.M. and then recessed the meeting into an
Executive Session to discuss real estate acquisition matters: Highway 75 North and 12th Street. No other
items were discussed. No formal action was taken.
RECONVENE THE FORMAL SESSION
Mayor Monday then reconvened the formal session at 7:00 P.M. Mayor pro tem and Councilmember Howard
presented the invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Consider the minutes of March 27, 1990
Councilmember Barrett made the motion to approve the minutes of March 27 1990 as presented and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
Recognition of the Huntsville High School Mock Trial Team
Mr. Don Kraemer, Coach for the team, advised each year the Dallas Bar Association sponsors a mock
trial competition throughout the State of Texas. A problem is presented to each of the schools, he said,
and each school is then responsible for preparing the plaintiff's side and the defense'S side of the trial,
where there are Lawyers and witnesses that will be acting both as lawyers for the plaintiff and the
defense. He said when they go to competition, they don't necessariLy know which side they are going to
play -- plaintiff or defense - -in any given round. He said these students must be prepared to do both sides
and to compete in a number of rounds in those competitions, usually doing several plaintiff's sides and
several defendant's sides. He said it is an interesting competition and requires a lot of work on the part
of the students who begin working on this about three months in advance, spending three evenings a week to
Learn how to think on their feet and to anticipate problems that are going to arise. He said the
competition is a statewide competition. He said there is regional competition which is open to all schools
in the state with Huntsville being in Region VI whose competition was held in Bryan. He said at the
regional competition, they had three rounds and Huntsville was victorious in all three of those rounds which
enabled them to go to the state competition in DaLLas. At the state competition, they had three rounds and
in those rounds, the students were power matched- -the winners from the first round went against the winners
of the second round who went against the winners in the third round. This year, he said- the Mock Trial
Team won all three of these rounds and advanced to the semi- finals where they were defeated by a team from
Dallas. He said the Dallas team than went on to the final rand and won the state competition. He said we
' talk a lot about Hornet pride and Hornet tradition, but most of the time this is in reference to athletics.
He said this also goes along with some other areas including the Mock Trial Team, which has participated
eight years in these competitions and in these eight years, the Huntsville team has won the regional
_competition six times and has advanced to the semi -final competition at the state Level on two different
occasions. He then presented the team members who were present and noted their outstanding supporters are
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "G" 72
it parents. He said Huntsville usually has the Largest contingent of supporters that go with them to
[as, noting same 20 people were there this year.
Mayor Monday then presented certificates of achievement to the team members: Laura Corbin, Kyle
,elich, Micah Key, Richard KOeh L, Devon Loeffler, Elizabeth Marks, Marsha Muecke, and Jennifer Monday and
Sponsor Charotte Smith and Coach Don Kraemer.
CONSIDER PARKING REGULATIONS
Mr. Scott Bounds, City Attorney, advised Last Tuesday evening, Ms. Margie Allen requested that the
ncil designate three taxicab parking spaces on the north side of 12th Street (presumably in front of the
station). He presented information to remind the Council of previous discussions concerning this matter
ty Council Minutes of June 7, 1988, April 11, 1989, and March 27, 19901. Mr. Bounds noted in June of
B, Margie Allen and Cart Huffstickler requested that the City Council designate parking spaces on 12th
eat in front of the bus station for taxicabs only. At that time, Mrs. Story (operator of the bus
tion) opposed their request, he noted, and the City CounciL took no action on that request. In April of
9, Mr. Bounds stated, Ms. Margie Allen and Mr. Carl Huffstickler again requested that the City Council
ignate parking spaces on 12th Street in front of the bus station for taxicabs only. He said he met with
gie Allen and others in response to the Council's request. Again, he said, Mrs. Story was opposed to
ing a cab stand in front of the bus station. He then reported back to the Council following that
Ling, and again, the Council took no action to create a taxicab zone in front of the bus station. Mr.
nds said they discussed how the problems might be resolved in the downtown area. Mr. Bounds then
me ,
sented his memorandum of April 19, 1989 concerning the meting held on that date with the transportation
viders in the downtown area. He said as a result of that discussion, no action was taken.
Mr. Bounds noted at the present time, there are three types of hired transportation services
vailabte to releasees of the prison: the taxi cab service, regulated by the city, which do take people out
f town to Houston and other destinations; the normal bus service, fixed route service, wherein tickets can
e purchased in Huntsville terminal to Houston, Dallas, etc.; and in addition, one operator, Mr. Brent
ustice, operating Via Transco /Support Services, has obtained a permit from the Railroad Commission for an
rregular route bus service, but it is a bus service regulated by the Texas Railroad Commission.
Mr. Bounds noted the Railroad Commission regulates fairly extensively both the fixed and regular
ute bus services. He said they particularly regulate whether or not those bus services have to have a
ation or terminal. He said every motor bus company shaLL maintain a station or terminal of such size and
fording such facilities to meet the practical needs of the public in such locations as to not unduly
pede or interfere with the normal flow of traffic [Texas Administrative Code, Section 5.2191. An
regular route service is, he said, expressly exempted from the stations and terminals requirements. CTAC
ction 5.227(c)]. He said the state rules presently say they do not have to have a terminal. He noted
He felt the city's response would be to object or appear before the state in its licensino
There was some discussion for clarification on the definition of irregular
Mr. Bounds advised the case of Responsible Dog Owners of Texas V. City of Richardson, 781 S.N.2d, '
7 (Tex. App. - Dallas 1989) is referenced in this matter because the City of Richardson adopted a bad dog
dinance basically prohibiting the keeping of certain types of dogs, including pit bulls. He said there is
state law that provides that if one keeps a dog that is dangerous, one has to post a bond if it bits
meone, there is insurance; i.e., there is generally a state statute that regulates bad dogs. It was held
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "0" 73
prohibiting keeping a certain type of dog or adopting a set rules inconsistent with the state statutes.
regulating them. Mr. Bounds said this is a very wait accepted doctrine - -more technically in the Licensin
area - -it deals with the Alcohol and Beverage Commission cases - -this Commission thoroughly regulates bars an
cities are very restricted in what additional regulations they can place upon an establishment that serve
alcohol, because it serves alcohol. After some discussion for clarification, Mr. Bounds noted a bus is
vehicle designed to carry 15 passengers or more and a taxicab is a vehicle designed to carry no more the
five passengers; the Latter being subject to city regulation. Councilmember Carter asked how other citie
handle the establishment of taxistands that precludes van or bus services. Mr. Bounds noted this particule
situation is unique to Huntsville. Mr. Bounds recapped how larger cities handle taxi services at thei
airports and bus stations. He noted in Huntsville, the bus station is a privately owned business and i
provides off - street parking.
Mr. Gene Pipes presented maps of the bus station area on 12th Street. Mr. Pipes said one of these
maps was done some time ago for the purpose of studying the parking patterns in downtown Huntsville. He
said it clearly indicates by the shading -in of the particular parking spaces, the actual usage at that time,
dated September 12, 1985. He said the bus station had just gone in and it showed virtually no parking in
the adjacent off-street parking areas, very minor parking with Less than 50% and as low as 33% in the areas
that show any activity at all. In addition the other map shows the off - street parking that was to be
has ever needed that had it available. Mr. Pipes noted, of course, these other transportation services
would not want to tie up the bus station's parking spaces with permanent people parking there, especially
those who might otherwise attract their clientele that are paying customers to the bus station. Mr. Pipes
said this also indicates parking availability immediately across from the bus station, a number of parking
places on Avenue J, a great deal of parking around the pawn shop on the opposite side of the street, a paved
parking lot immediately adjacent to what used to be the old GSU office on 12th Street and quite a number of
head -in parking places along both sides of University Avenue. He said this indicates there is no parking
problem in downtown Huntsville at this to cation at the present time.
Mr. Pipes noted he has been there on three different occasions in the past week and one time he andl
the City Attorney were there as a release of inmates was taking place at TDC. He said there was a van or
two and no taxi present at the time. The only recommendation he can make at this time about a problem of
this sort he said is to out a 15 minute limit on loading an unloading or a 15 minute time on a Particular
slot adjacent to the bus station strictly for loading and unloading. He said one would have to be actively
loading or unloading. He said he does not really see any Point in this if the bus company will allow anyone
to pull under their awning for the purpose of loading or unloading customers. He said he sees no point in
changing anything in the current regulations in this particular area because there is ample parking and
there is a Large parking lot in the area and lots of on- street parking in several different directions
reasonably approximate to it and in fact, if all the vans lined up in that area, it would just barely fill
up at the maximum number of vans that have ever been noted. He said he saw no particular benefit except
limiting the time there so that any citizen, no matter how timid about putting under this awning and maybe
getting brushed by a bus or some concern about getting hemmed up in there, could at least have a place to
Load and unload. It would be no parking at atl, he said, but simply one spot for active Loading or
unloading for use at that particular location and recommended leaving everything else alone. He said there
is no functional problem with the cabs queuing up anywhere else they want to and waiting calls from the bus
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "Q" 74
station for service and picking up their fairs under the awning out of the weather. He said he sees no
Point in tying up space out in the street for a Permanent taxistand
Councilmember Carter said he hates not to help a local business that might be in competition with
some businesses from outside the community, and in that sense might be having some difficulty, but he does
not see anything from what he has heard that says the City ought to do what was asked of it. He said while
he hopes the city can keep its local businesses from being threatened by outside competition, in this
instance, he just doesn't see how the city can do what was requested. There being no other questions, the
Mayor moved on to the next topic on the agenda with no action being taken by the Council
Consider re -award of bid to provide electronic equipment maintenance for alarm equipment in the Police
Department
Mr. Pipes, City Manager, noted he is in receipt of a letter from East Texas Communications, the low
bidder who received the March 6 bid award, informing him that due to complications in obtaining an alarm
security license, East Texas Communications requested having their bid removed for maintenance of the alarm
system. He noted they regretted taking this action, but it seemed the only decision due to the delays with
the State of Texas. He said East Texas had been trying to get its license in order since the award of the
bid. He said the next low bidder, Multiplex System, bid $2,700, is properly licensed and can provide the
service. He said the city is in need of a maintenance service on a daily basis at the Police Station. He
urged the Counci V s withdrawal of the bid award to East Texas Communications and the award to the second low
bidder in the amount of $2,700. Councilmember Howard made the nation to withdraw the bid award to as
Texas Communications and to approve of the re -award of the bid of March 6 for electronic equipment ,
maintenance for alarm equipment in the Police Department to Multiplex System and Councilmember Green
seconded the motion. All were in favor and the motion Passed unanimously.
CONSIDER LEASE OF PARKING FACILITIES
Consider lease of off - street Parking faciLities for public use from Erwin Ernst
Mr. Pipes said the Council had a presentation last week for additional parking areas. He noted the
Council has been concerned with the off - street parking in the downtown area for some time. He said the
requester pointed out that there was a Lot available that had been previously leased by the officials of
Walker County to provide off - street parking in the downtown area for courthouse patrons and employees. He
said there were additional comments about the traffic that had been very successfully generated by the
Prison Museum in the downtown area as well as some new businesses that have taken up residence in the
downtown district. He then recommended acceptance of the offer from Mr. Erwin Ernst to lease the parkin
lot immediately across the street from City HaLL formerly leased by WaLker County for a Period of 18
months in the amount of $250.00 per month and for the consideration of reimbursement of ad valorem taxes in
excess of $250.00 Per Year for the term of the Lease Mr. Pipes said this situation is something that the
City Council has been aware of for a Long time and is something that is reasonably approximate to the
downtown area. He said signs can be placed on 12th Street at Sam Houston and other locations such as 11th
Street and Avenue M that can point to the availability of free off - street parking for the use of the museum
or just free public parking so that anyone wanting to access a particular Location in the downtown area,
can have all day full time off - street parking at no cost just a block away from any of the downtown areas.
He said this is the staff's recommendation. Councilmember Barrett made the motion to approve of this lease
with Mr. Erwin Ernst and Councilmember Gaines seconded the motion
Discussion: Councilmember Knotts asked if there is anything the city can do to encourage the county '
employees to use it. Mayor Monday felt it may be a good idea to send a letter to everyone on the Square
advising that this lot is available. Mr. Knotts felt a six month grace period could be allowed before the
city begins stricter enforcement on the time Limited parking spaces. Mayor Monday felt we may want to work
again with Chief Eckhardt and Mr. Pipes to see how the city might enforce some of the downtown parking.
Councilmember Knotts felt since there is no longer a full -time parking meter officer, the city needs some
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "g" 75
more constant surveillance. Mayor Monday noted it had been discussed having a part -time employee /student to
monitor the parking limit zones. Mr. Pipes noted this WILL be coming back to the Council in the mid -year
budget in three weeks. Mayor Monday felt in the meantime a letter should be written to everyone in the
downtown area to Let them know about this new lot. ALL were in favor and the motion Passed unanimously.
Mayor Monday asked Mr. Pipes to get back with Bette Nelson since she was here last week to express
her concerns about the parking problems. Mr. Pipes said the curb work in the other parking lot that is
being jointly funded by the property owner and built by the city on the north side of the Square, has the
curb work finished today and the entrance driveway will be poured tomorrow and the asphalt will be put down
in the very near future. He said there should be some real relief to the parking problems in downtown
before the city starts tearing up the utility work on the other side of the Square. Mayor Monday noted a
Little public relations work on this might be a good thing. She said we may want to think about how to
publicize this because with the Gibbs parking Lot, the Ernst parking Lot and the Ball parking lot will
provide a fair amount of parking. CounciLmember Gaines felt the businesses need to be advised of this
because she has had some concern from some of them who ask where can their people park, noting if they start
advising their customers, this will help. Mayor Monday said there needs to be signage on both lots as well
as signage pointing to the lots. CounciLmember Barrett noted the jurors should park off the Square and he
thought they were supposed to park in the Ball parking lot. Mr. Pipes said this message has been sent to
District and County Courts. Councilmember Knott& said there used to be a sign there saying reserved for
I ury duty. Mayor Monday said the city had asked that notices of areas for parking be sent out with the jury
�Inotices and perhaps the city should print these notices and take the notices to the Courthouse and ask them
to include it in their Letters: something that says oblic parking available in these areas with a little
' map and just a card that would fit inside with the jury letter. Mr. Scott Bounds advised the District
Clerk has done this previously and he will check with her to see what she is currently doing in this regard.
CONSIDER UTILITIES FOR NARCOTICS TASK FORCE OFFICE
iConsider a request to provide proprietary funds (utility) services (water, sewer and garbage) to the Central
East Texas Narcotics Task Force's donated office space on 11th Street. as an element of the City's
participation in the project
Mr. Pipes presented a request from Chief Hank Eckhardt that the City defer the cost of the use of
water, sewer and trash pick -up for the building donated to the Narcotics Task Force, which hopes to begin
operations May 1, 1990. Chief Eckhardt noted this deferment of cost would be an assistance on behalf of
the city to the operation of the Task Force. He noted the average cost for these services to that building
in the past has been $42.22 per month. In comparing the previous tenant and use to the Task Force, he said,
he would not expect any significant deviation in the upcoming monthly utility bills. CounciLmember Bell
made the motion that the city defer utility costs to the East Texas Narcotics Task Force office and
CounciLmember Howard seconded the motion. All were in favor and the motion Passed unanimously.
CITY MANAGER'S REPORT- -GENE PIPES
Consider a request for tax reimbursement of property taxes paid in error
City Manager, Gene Pipes, advised the city is in receipt of a letter from Attorney Mr. Lloyd C.
Martin, dated February 14, 1990, thanking Mr. Scott Bounds, City Attorney, for his previous assistance
regarding the application for a refund of taxes erroneously paid by Mr. Ellis Olmstead on tax account
#6. 109 -0- 04430 /Tract 44.3, Warren Birdsall league, A-6, Walker County, Texas. Mr. Martin noted Ms. Patricia
Allen, Director of Finance, has mailed him a city check #688787 in the amount of 8534.15, representing a tax
' refund for the years 1986, 1987 and 1988. Mr. Martin further noted as Section 31.1, Texas Property Tax Code
provides, a three year statute of limitations for the refunding of taxes erroneously paid and received, the
HISD, County and City have all adhered to this statute in making these refunds. However, with respect to
the other two taxing districts, he feels that the adherence to the three year statute of limitations is
totally appropriate, but with respect to the City of Huntsville, under the circumstances involved, he did
not have this same opinion. Mr. Martin noted if Mr. Olmstead had paid the taxes on property owned by some
MINUTES Of THE COUNCIL MEETING Of APRIL 3, 1990° BOOK "O" 76
individual or company, he would deem the City's action in this case totally correct without
it i on.
Mr. Martin noted the situation here is very definitely different, however, as the property involved
Mr. Olmstead paid taxes upon is owned by the City. Therefore, he said, the City of Huntsville accepted
s upon tax exempt property that it owns. He said as it is undoubtedly less than fair for the City to
ive taxes from a private individual on property that the City owns, he suggested that it would be
opriate for the City of Huntsville to refund all of the taxes that Mr. Olmstead paid upon this property
Dut regard to the three year statute of limitations. He therefore asked that the City Attorney submit
request to the City for its consideration. Mr. Pipes said the logic here is that the City should have
i that they were improperly paying taxes. He said he does not necessarily share this logic, but he does
e the sentiment to some extent. He said the taxing entities have refunded the taxes for the three year
,ite of Limitations. Mr. Martin states that the other taxing entities may not have had a way to know
this was city property, but the city should have known. He said Mr. Martin suggests that it is
opriate for the City to refund all of the taxes paid, without regard to the three year statute of
cations, for purposes of some other strength of logic exceeding the state law. He said he would estimate
taxes would be approximately equal back to 1979 for the years that were paid, so the total would be
oximately $1,500 for that period rather, in addition to the $534.15 previously refunded. He presented
question to the Council, underscoring the fact that the obligation in the statute is to abide by the
ute of limitations on errors of this type. Councilmember Green made the motion to refund the taxes
formational Items
Elkins Lake Road Utility District IR.U.D.I. Mr. Pipes informed the Council that a meeting was held
rlier this week with representatives from the Elkins Lake RUD seeking cooperation on their paving
Djects. He said the Legislature authorized and the voters at Elkins Lake approved the creation of a RUD
rLier this year and they have begun collecting taxes and have some funds available in addition to those
nds that have been being spent over the last several years by the Walker County Precinct Commissioner. He
id they are seeking contracting with or having some arrangement with the City to do the paving work. He
id he has instructed Johnny Poteete, Director of Public Works and Glenn Isbell, Director of Design
gineering, to examine the costs of such a situation and to review the city's work schedule to see if there
any possible way the city can, in fact, work with this sister taxing jurisdiction to help them stretch
eir dollars as far as possible.
He said it was reported in the media today that Commissioner Reynolds had proposed a paving program
r Walker County and requested a $10,000 per Commissioner contribution to a pool for the purpose of
rchasing equipment to do just exactly that. In that case, he said, the presentation may be already dated
other activity that none of them knew about. He felt obligated to make the Council aware of this
quest, however, from an entity the city contracts with for utility service and other services such as
rbage. He noted when the city gets involved in paving streets, of course, it gets close to being a
ster -city and obviously this is a very sensitive area of which the Council needs to be aware of every bit
information the city receives. He said he wilt be responding to them soon about the expected costs and
11 be discussing atL of this with the Council first. Councilmember Bell asked if the city would make a
ofit on this project or would the City simply give them this service at cost. Mr. Pipes said the city
as not endeavor to make a profit on anything. He said the city does establish certain schedules and fees,
c. for the use of buildings and equipment, etc., to recoup costs, but it has never entertained a capital '
terprise notion, an entreprenuerial notion, and in fact, he feats, in terms of the private sector, that
uld be extremely offensive to anyone in business. He said the City is also using tax dollars.
Councilmember Knotts said he would be opposed to the city going to Elkins Lake as it would be
g with Private enterprise. He said because of the way the City does its cost accounting for its
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "q" 77
equipment, it could not come up with a viable cost on the paving anyway. He said we would be using our
taxpayer's dollars spent for equipment and wearing the equipment out there and the city is not appreciating
it, etc. nor building an account for depreciation to replace that equipment off of those jobs. It is done
by capital improvement monies, he said, and he didn't think he city could come up with a viable cost and the
city would be competing with private enterprise. He said he would tike to see someone come in and be able
to make an industry out of construction in Walker County.
Mayor Monday said the real question is that the City has its hands full. Councilmember Bell said he
had the impression when the City passed its bonds that the city is stretched pretty tight. Mr. Pipes said
he didn't want to cut anyone off short and wanted to examine the situation. He said the Council will also
remember the priority list it adopted recently and rated it has a number of streets carried over from last
year and some shifting around to try to maximize the amount of paving the city can get done this year so
that the city can get out ahead again. Mr. Pipes said he explained to them initially the city's plate
was very loaded, but certainly felt obligated, as a courtesy, to put some figures together that they will
bring back to the Council.
Contract with the Texas Parks and Wildlife Department
Mr. Pipes said the city has received and he will be executing a contract with the Texas Parks and
Wildlife Department for a matching fund grant in the amount of 8106.000 to develop a 33 acre park north of
7th Street on property that was donated by the Thomason Estate. He said this project has been underway for
some time and the grant application had been pending. Mr. Pipes said the City has received notice that the
grant has been approved. He advised the gift of the property is contingent upon receiving the grant. In
order to make the land value eligible, the transfer of the land would not take place for some time yet.
Mr. Pipes noted this is good news. The Council obviously has taken a big step with a major tract of
Land adjacent to Town Branch, which adjoins a 10 acre tract the city already owned where the North
Huntsville Sewer Plant used to be located. He said this will make a very large and nice interior park close
to downtown. He said it has a lot of development possibilities for the future. He said the facilities plan
at the park include unlighted baseball, soccer and other recreational fields, jogging paths with underground
wirings so that just the luminary poles stick up every so often to keep the pathway lighted at night and
pathway bridges across and back of Town Creek, which will make a very, very attractive area and somewhat
akin to the jogging scheme adjacent to City Hall and will serve as another major link of property the city
owns on one side or the other of Town Creek throughout a considerable portion of its length. He said the
city will start perhaps on a series of jogging trails that will take one from the Diagnostic Unit north of
Huntsville to Bearkat Stadium. Mayor Monday said this is a major section of the city's master plan, which
calls for the development of Town Creek off of FM 2821 to the university. she said this represents two
elements of the Master Plan: the development along the creek in the drainage area and the development of
another regional park. She noted the city only has two regional park at this time and this will be our
third regional park to go along with the neighborhood parks. She said at the correct time, appreciation
will be expressed to the Thomason family for their very find record in this community and their community
spirit and willingness to dedicate this not only to this generation but to future generations. She felt it
will be exciting to develop this park. Mr. Pipes said he will be seeking some formal approvals in
subsequent weeks, and he will be signing the contract and sending it back to the Parks and Wildlife
Department immediately to secure the funds.
Councilmember Carter said he has walked through much of this area in recent weeks because they were
searching for big trees. He said on the 10 acre site of the old sewage treatment plant, stands the largest
pecan tree in Huntsville if not Walker County. He said along Town Creek Branch is the largest Hackberry
Tree. He requested that the City do an inventory of the vegetation in the drainaae area and if the city
develops this park, that it do it with the minimun impact Possible Mr. Pipes said the arborist has already
been ordered. Mayor Monday assured Councilmember Carter the city will not be cutting down any of those
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "ga
78
ze winning trees. Councilmember Carter said he would really rather not fight over parks because we all
t them but need to work to development them together.
City Manager, Gene Pipes, advised the City previously authorized in the National Endowment for the
Arts Grant of last fall a portion dedicated to historical surveys in the city and the county over a three
year period, with the city being the first year of that project. He said Ms. Linda Pease is applying to the
Texas Historical Commission for a grant in the matching amount of $4,000 to do the survey within the City of
Huntsville for the first year. He said the Arts Commission already has $1,500 of their Arts Funds dedicated
to this project, which leaves a $2,500 balance to be provided from unattocated funds. He said the City will
be having midyear budget adjustments and it will be able to determine the transfer of funds at that time.
The grant application is due in Austin on Thursday, he said, and he will be authorizing Linda to mail that
grant application. He said if the grant doesn't come in, the $2,500 allocation is not necessary. He said
with the Arts Commission's gesture of having $1,500 already set aside as budgeted money, that then is not a
Lot to constitute a request, but because it exceeds the $1,000 authority granted by the city council to the
City Manager, he is obligated to make the Council aware that this grant application goes forward with a
$2,500 price tag if it is successful. Councitme ber Knotts noted this will be to authenticate what we have
that is historical. He felt this project would be worth the money without the grant. Mayor Monday agreed,
noting this is something we badly need. Mr. Pipes asked if the city could take the Texas Historical
Commission's money if it can get it. CounciLmember Knotts said yes, but if the city is not successful, he
would be willing to make the motion that the city do it anyway because it is something that needs to be done
and it will stop a lot of arguing as to what is historical and what is not.
MAYOR'S ACTIVITY REPORT- -JANE MONDAY
Consider Sister City Affiliation
Mayor Monday presented a letter from Dr. B. K. Marks, Chairman of the Board, concerning a proposed
Sister City Program with Japan. The letter notes on March 21, 1990, the Board of Directors of the Chamber
of Commerce considered a request from Mr. Edward L. Smith of Huntsville, Texas, to support the establishment
of a Sister City relationship between Huntsville, Texas and Niiharu Village, Japan. It noted Mr. Smith's
wife, Yoshiko, is a native of Japan and that they have met with the Mayor of Niiharu Village, Mr. Kazuo
Suzuki, and they plan to return to Niiharu Village in May. Mayor Suzuki has asked Mr. Smith to present his
request that a Sister City relationship be established between the two cities, Dr. Marks reported. Dr.
Marks' Letter also noted Mr. Smith has also met with businessmen from the Niiharu Village area who have
expressed interest in importing Texas meat products and timber. Japan is also an excellent tourism market,
it noted, and Mr. Smith has also researched procedures for establishing a Sister City program through the
Sister Cities International organization. Mayor Monday noted Dr. Marks advised the Board of Directors of
the Chamber unanimously voted to recommend that the City of Huntsville study the feasibility of
establishing a Sister City program with Japan, and further that Niiharu Village be considered as a candidate
city. Dr. Marks noted it is also recommended that the City Council endorse sending a letter to the Mayor of
Niiharu Village expressing the City's interest and support, to be delivered to Mayor Suzuki by Mr. and Mrs.
Smith in May.
Mayor Monday advised Dr. Marks' Letter indicated sister city programs have been
successful in many
communities, large and small, throughout the U. S.; that Japan is very supportive
of
the program, which
provides economic and cultural benefits for both countries; and that the
LBJ
School of Public
Affairs /University of Texas at Austin, has scheduled a special seminar on April
19,
1990, relating to
Japanese Sister Cities, which Mr. Smith plans to attend. Dr. Marks further noted a
successful
sister City
'
program requires the support of the entire community.
Mayor Monday noted after visiting with Dave Cich, Chamber President, she would like to propose that
ation be given to her to write a letter to this city indicating the city is interested and what this
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "Q" 79
might involve. She noted they can then advise what is involved concerning resources, programs, etc. She
also requested Council's authorization to have Mr. Cich and the Chamber evaluate this and advise. She said
Mr. Cich and his wife have been involved with Sister City programs previously and have some experience. The
Council QeneraLLv indicated their concurrence for the Mayor to write this letter indicating interest and
requesting additional information.
Goals and Position Statement of the Mayor's Commission on Alcohol and Drug Abuse
Mayor Monday presented the goals and position statement, as follows: Goals - -To have the Walker
County achieve and maintain the status of: no use of any illegal drug /substance; Limiting the access of
alcohol to responsible people of legal age; no abuse of legal drugs and /or alcohol; and no drug traffic
(sale, hold, or transport); and the Position Statement: We strongly oppose the use of illegal drugs; oppose
the misuse of legal drugs; promote the fact that alcohol is a drug and oppose its use by those under age 21
and its misuse by anyone; support abstinence and law abidance as the only appropriate message to be
delivered to our youth and community; support the arrest, prosecution, conviction, and treatment of
individuals who violate the law concerning aLcohoL and other drugs; and encourage everyone in Walker County
to unite by accepting their responsibility in our WAR ON DRUGS. Mayor Monday noted these were adopted by
the task force on March 12, 1990. Mayor Monday noted she will request that Walker County and HISD adopt
these as well.
Update on SHSU /Huntsville Information Brochure
Mayor Monday said she met with Dee McFarland of the Chamber of Commerce and Joey Chandler of the
SHSU Recruitment office concerning the request from Ms. Scruggs of Last week. She said it was determined it
was a little late to try to put together a major activity or information pamphlet this close to the summer
for the students to be effective. She said Ms. Chandler does want to reprint the brochure that wilL
advertise the apartments, hotels, restaurants, etc. in which students and parents are interested. She said
Ms. McFarland and Ms. Chandler are working together to draw up this information for a general brochure. She
advised Ms. Scruggs that the brochure should be ready before recruitment this summer and will be there for
the fall and the foLLowing summer so that by next summer the Apartment Managers Association will have this
tool in hand. Ms. Scruggs indicated she would visit with her Apartment Managers to see what they would
like to do this summer.
Earth Dav
Mayor Monday said she has visited with Mr. Bob Warneke, President, Huntsville Audubon Society,
concerning Earth Day to offer the assistance of the City. She said the city has sent him the city's
brochures on recycling, composting and the city's new tree programs. She said she is talking to him almost
weekly about this.
Handicap Access
Mayor Monday requested that when the city is looking at designs for any pavement for the downtown
area that it makes sure that handicap access is addressed both at the Methodist Church block and also 12th
The Mayor then advised of the activities of the Task Force. She noted they have divided into
three
committees: Prevention, Treatment and IllegaL.
The Prevention Committee is working on trying
to do
education and help get information to people of
all ages; the Treatment Committee is looking at a
very
exceLLent list of all of the treatment centers in
all categories that are available and is looking at
a hot
'
line, etc.; and the Legal Committee is looking at
where we are as far as law enforcement. She noted they
will be hearing a Lot more from these committees
soon. Councilmember Knotts made the motion to approve of
the goals and position statement. as Presented above. and Councilmember Barrett seconded the motion
All
were in favor and the motion passed unanimously.
Update on SHSU /Huntsville Information Brochure
Mayor Monday said she met with Dee McFarland of the Chamber of Commerce and Joey Chandler of the
SHSU Recruitment office concerning the request from Ms. Scruggs of Last week. She said it was determined it
was a little late to try to put together a major activity or information pamphlet this close to the summer
for the students to be effective. She said Ms. Chandler does want to reprint the brochure that wilL
advertise the apartments, hotels, restaurants, etc. in which students and parents are interested. She said
Ms. McFarland and Ms. Chandler are working together to draw up this information for a general brochure. She
advised Ms. Scruggs that the brochure should be ready before recruitment this summer and will be there for
the fall and the foLLowing summer so that by next summer the Apartment Managers Association will have this
tool in hand. Ms. Scruggs indicated she would visit with her Apartment Managers to see what they would
like to do this summer.
Earth Dav
Mayor Monday said she has visited with Mr. Bob Warneke, President, Huntsville Audubon Society,
concerning Earth Day to offer the assistance of the City. She said the city has sent him the city's
brochures on recycling, composting and the city's new tree programs. She said she is talking to him almost
weekly about this.
Handicap Access
Mayor Monday requested that when the city is looking at designs for any pavement for the downtown
area that it makes sure that handicap access is addressed both at the Methodist Church block and also 12th
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK m'Q" 80
Street. She said any time we put down paving, we must put in handicap access. CounciLmember Barrett added
that the city needs to break the curb so that the handicapped can get out of cars and get onto the sidewalk.
Mayor Monday asked that the staff take great care in this regard and that she would almost welcome a plan to
show where those areas will be for the Council's information. She said she has had a couple of inquiries
concerning this.
Inauguration
Mayor Monday noted the weather was beautiful for Dr. Martin J. Anisman's inauguration today. She
commended the University for the ceremony and the condition of the grounds. She commended Dr. Gilmore and
Dr. Coers, etc. for the coordination of the event. Mayor pro tem Howard commended Mayor Monday on her
presentation as a part of the ceremonies.
Parade for the Walker County Fair Association
Mayor Monday noted the city was represented in the parade for the Walker County Fair Association
this week as well as at the opening ceremony for the Fair. She said according to media reports, the Fair is
doing very well this year.
Arlington Trio to TRA
Gene Pipes, City Manager, asked if any of the Council could go to Arlington to tour the TRA
facilities on Monday, April 9. There being no one available to go, he noted he would reschedule this for it '
another time, perhaps between the spring and summer school semesters. it
COUNCIL ACTION
Inauguration
CounciLmember Barrett noted the inauguration was great and he was glad the City was well
represented. He felt the city had a good relationship with SHSU and he hoped it would continue.
CounciLmember Green thanked the Mayor for her representation of the City at the inauguration.
Elkins Lake R.U.D.
CounciLmember Green noted in regard to the City Manager Putting together numbers for the city to do
the street Paving work for Elkins Lake philosophically, he is opposed to even doing this as this would be a
waste of time since he thinks the Council is not going to want to do this anyway. He felt the City
Manager's time would be better spent not even working on this project. CounciLmember Knotts seconded this
sentiment. Councilmember Green said we may want to poll the Council to see if they really want the City
Manager to pull together these numbers. CounciLmember Barrett said if the city had the manpower to do it,
he thinks the city would be wise in looking at this because some day the city will probably inherit the
streets and it will have someone's good work or bad work. He said since the city does not have the
manpower, there is no way to possibly do it and it may be a waste to look at it at this time. Councilmember
Green said if we have the manpower that's idle, the city doesn't need them. Councilmember Knotts said this
is what he said two or three years ago - -that we would be looking for things to feed this bureaucracy.
CounciLmember Bell didn't feel we were at this point yet. CounciLmember Barrett said the city is busy doing
it own work and is behind in doing its own work. Mayor Monday noted the consensus seers to be that the city
needs to take care of its own work. CounciLmember Gaines said if we do the figures, it indicates we have an '
interest and she wasn't sure we should do that. Mayor Monday noted Mr. Scott Bounds, City Attorney, advises
we will need to out this on the agenda in order to formally discuss it She asked Mr. Pipes to out this
back on the agenda for discussion next week
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "0" - 81
Flooding Conditions on Railroad Trestle behind Stadium
councilmenber Bell noted during the recent rain storms, he toted lots of water standing over ti
railroad trestle in the area of SHSU Stadium. Mr. Pipes said the railroad trestle has been broken sing
November of 1985 and agreed something needs to be done to restore the barrier to water rushing on downtow
Councilmember Bell asked if the city could reapproach the question of setting up holding ponds on the soca
fields on the university campus. Mayor Monday noted these are on the intramural fields. She said the ci
reeds to publicly say how much it appreciates SHSU because they have now done this. She said they have p
the apparatus in and that water situation occurred even with the apparatus in place. She said the dam h
now been closed up and there is a measured amount of water coming out and those field were indeed flood
and this has just happened in the Last two -three months. She said the system is working as it w
designed, but even with that in place, the city still has a problem. She said the 10 year plan calls for
series of about three retention ponds there along with those jogging and biking trails and the city needs
seriously be looking at that drainage.
Mr. Pipes said they will be working with a Pacific Missouri Railroad Landman within a week.
Councilmember Knotts said all of the stadium runoff does not go to this area. Councilmember Howard noted he
hopes the Railroad will keep the track in Huntsville because he is hoping the city could keep the track
along Sycamore to a little spur on the Gibbs Brother's side so that industry will be attracted to that area.
Mr. Pipes said the tracks stay active in beyond the University warehouse on into the concrete plant at the
end of 16th Street. He said the Railroad is interested in divesting property beyond that point on into what
used to be the old railway depot.
Councilmember Knotts suggested rerouting a combination of 16th and 17th Street on top of the
railroad berm and then we'd have a retention pond there that would be worth something. Mayor Monday noted
TDC is going to be moving some of their equipment transportation center out to the new facility soon and
that will also free up some of their land that is now actively being utilized that the city may be able to
talk to them about some drainage considerations. She said in the next six months to one year, some
opportunities may present themselves and the city needs to be looking at those very strongly.
is concerned about havi no the stream channelized. He said water was recently up to Summer lane and it was
backing up on property. City Manager Pipes noted perhaps he means to say "restore the stream to what it
once was." He said he didn't think channelizing it would be necessary, but restoring the stream to its
original contours where it will keep itself scoured out through natural action is very possible and this
should be able to be done. Councilmember Bell asked him to give some thought to it. He said there is a
sewer line running down close to it and he was concerned about the volume of water that is pouring into that
sewer line. Mr. Pipes said all of those manholes are sealed and unless the pipe has disjointed there should
not be infiltration or inflow from that particular action. He said certainty that much water scouring will
move a stream bed and can take a piece of Line out and then we'll have a real pollution problem.
Councilmember Carter noted we are getting more rain than normal and are having drainage problems everywhere.
American Bank Property
Councilmember Carter noted his disappointment on the clearing of the land owned by American Bank at
Normal Park and 11th street noting he has heard comments from lots of people about this. He said he has
not found anyone to be satisfied or happy with what has happened on this corner and they feel the city is
guilty for this to some extent. He said he understands the city has softened the requirements for outlets,
that this was not a Planning Commission decision but they were following the guidelines of the Citv
Council and this is one reason this work was done there the way it was. He asked that this matter be
brought back to the Council for consideration as to whether this is what the City wants its policy to be.
He said it has to do with the sizing of the pipe and closing the he creek
MINUTES OF THE COUNCIL MEETING OF APRIL 3, 1990 BOOK "G" 82
Mr. Pipes said that was to comport with the conditions above and below it. Councilmember Knotts
said they received a variance for a smaller pipe. Mayor Monday said there was a variance granted by the
Planning Commission. City Attorney Bounds said the only variance granted by the Planning Commission was in
regard to the rate of water that could be floated in the pipe. He said the Council has an adopted policy
that permits a creek to be enclosed up to a 60 inch diameter pipe. Councilmember Knotts said it would
require a larger pipe if they had gone with the City's new regulations. Mr. Bounds said it could have been
placed with a 60 inch pipe, but the problem is that the pipe would have silted up because the pipe above and
below are designed for a higher flow rate. He said the line could have been designed in accordance with our
current design manual, but it made no sense. Mr. Pipes said it would not have maintained itself. Mr.
Pipes noted there is no pipe in the creekbed at the present time, however, the plan is to install one to
match up with the one on 11th Street and the one that exits adjacent to the Nautilus facility.
Councilmember Knotts agreed with Councilmember Carter that unless they had that lot sold, they did a lot
more to the property than what they needed to do. He said the center line is going to have to be
straightened out and that would not have affected more than a 50 -100 foot easement at the most to go through
there unless they have the lot sold and someone wants all the timber off of it. Councilmember Carter said
while he does not want to be too critical, he thinks they made some unwise decisions economically on this.
Councilmember Carter felt the city did aid and abet this situation in one sense concerning the
material the contractor removed from the surface, especially the organic material that they burned. He said
he heard about the smoke it created. He said since the city is composting now, he questioned why it
allowed them to burn a great deal of material. He asked that the city look very hard at those types of
situations about granting permits for that type of burning. City Manager Pipes said in terms of composting,
the city is not capable of and will not likely be capable of composting tree trunks. Councilmember Carter '
said he is not talking about tree trunks. Mr. Pipes said they do not want the tree trunks at the Landfill.
He said they could have sold the logs to a mill and left something the city could have handled, but the city
didn't want the trees at the landfill and would not encourage that at all. Councilmember Carter said he
didn't mean to take the Logs, but it should be their responsibility to do something with that material, not
the city's. He said the city should not have allowed them to burn it. He felt that type of organic
material is not exactly waste.. He felt there should be a way to dump that material on a pile somewhere and
it will become nutrients. He felt it should have been provided to residents to cut up for Logs for their
fireplaces so that it could be used in some way. He said by burning it, they created air pollution, which
seems senseless when there were other choices. It was noted bois' d arc and pine trees do not make good
firewood. Councilmember Carter noted there are problems burning anything.
ADJOURNMENT
ly
April 3, 1990