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MIN CC 04/24/1990MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 .BOOK "Q" 85 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 24TH DAY OF APRIL, 1990 IN THE CITY HA COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 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 H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary Member absent: William L. Hammock FORMAL MEETING Mayor Monday called the formaL meeting to order at 7:00 P.M. It was noted there were no citi present who wished to speak during the fifteen minute citizen input session. Mayor Pro tem Howard press the invocation. CONSIDER THE MINUTES Consider the Minutes of APriL 10. 1990 Councilmemmber Gaines seconded the motion. All were in favor and the motion Passed unanimously. OPEN PUBLIC HEARING in a ioint session with the Planning and Zoning Commission Mayor Monday then called the public hearing to order to receive comments on the propose( preliminary zoning plan as recommended to the City Council by the Planning and Zoning Commission. Mayor Monday thanked those in attendance for being there. She said the Council and the Planning Commission art here to listen to their concerns. She advised additionaL TV monitors are avaiLable in the conference room and lobby for those who wish to use them. She noted there is no time limit on any one speaker as the Council and Commission wish to hear aLL of them. She noted there are now 22 people signed up to speak am asked that each speaker make their point as quickly and confine comments to the scope of the proposec preliminary plan, and to identify the property they own that may be in question. She said if someone wishes to speak to a point made during the hearing, even though that person has not signed up, they will be encouraged to express their concerns then as the Council and Commission want to hear those too. She saic individuals can continue to sign the roster as the hearing progresses as another roster is available, or they can register with the City Secretary, Ruth DeShaw. Mayor Monday noted some comments have beer submitted in writing and she will enter those into the record. She advised this hearing in no way affects the school zones for attendance locations for the elementary schools. She also pointed out that only the Neighborhood Conservation (NC) areas on the posted maps in the rows will be affected by this zoning plan anc the remainder of the town will remained unchanged. She said this simply mans that if a person does not live in one of the NC areas and has property outside that area, there will be no change in their property. Property outside of NC areas, if the plan is adopted by the Planning Commission and City Council, will be under the current [1981) restrictions and regulations, as it is today. She then thanked the Planning am Zoning Commission, chaired by Mr. Grady Manis, for their time, effort and expertise in deveLoping this preliminary plan. She then asked them to introduce themselves to the public and for the City Planner, Dale Brown, to also introduce himself. Date Brown, City Planner -- Brief Overview of the Plan Mr. Brown gave a very basic definition of zoning: "A division of a city into districts for the purpose of establishing specific development standards within each district." He said the State of Texas has established very specific rules and regulations concerning how and to what extent a city may adopt MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "0" 86 ning. As a part of this procedure, the City must appoint a Zoning Commission. In Huntsville, he noted, e City Planning Commission was designated to be the Zoning Commission. He said after a review of the ty's existing Development Code, the Planning and Zoning Commission adopted a preliminary zoning report, ich is the subject of this public hearing. Mr. Brown then summarized the recommendations for changes in the existing Development Code mendrnents to Chapters 1 and 2 of the Development Code]. He said if these amendments are adopted, this LL constitute the zoning ordinance of the city. He said the sections that are underlined are the proposed endments to the ordinance and the dashed through Lines are proposed deletions. He said the maiority of arifv those laws. Mr. Brown then referred to Chapter 1, the Administrative Procedures Chapter [again, st of the wording is taken directly from state statutes], where the most important items are the creation a Board of Adjustment, a new body, which will have such duties as interpreting the zoning map in times of sagreements or questions as to whether a track of land is inside or outside the zone. He said they will be e approval authority for variance requests. To date, he said, variance requests related to the velopment Code have gone to the Planning Commission. He said if this plan is implemented, the only riances the Planning Commission will be reviewing will be those relating to subdivision plats. Chapter 1 also redesignates what has been known as the Commercial Building Permit to a "Home upation Permit,P1 and makes it appLicable only to occupations in the NC Zone. He said this aLLows j tain occupations that are clearly incidental to residential use of the property to continue in a NC zone. it said the city is also required by state Law to adopt much more detailed requirements for the holding of Lic meetings regarding variance requests and changes to the zoning and notice to the public relating to , h meeting. He said these are the final numbers of pages in Chapter 1, that are specificatLy out of the to statute, as to what the City has to do in order to notify the public of any changes. Mr. Brown said Chapter 4 contains the specifics of zoning. He said it adopts an official zoning such as are posted on the walls, and provides the procedures for its amendment. He said once adopted, zoning map can only be amended by essentially the same process we are in here tonight: the Planning ission making a report to the City Council, a public hearing being held, and finally the adopting of an nance amending the map. Finally, there are three districts proposed to be established for the City, he the Downtown Zone, which covers the nine blocks that surround the Courthouse; the Neighborhood ervation Zone, which covers those residential subdivisions that are currently deed restricted for single ly residential use; and the Management Zone [60 -70% of the city], which is a general purpose zone in h all uses are permitted and the regulations in the Development Code, as they exist today, remain tly the same. He noted in the NC zone, the change is that it is officially designated by the zoning name for single family residential purposes only. In the Downtown Zone, he noted, the only difference een the Downtown Zone and the Management Zone is that there are exceptions to existing buiLdings in the town: if they are "remodeled,'- etc.; and, "new construction" in some of the vacant tracts of the same ral size and characteristics of the buildings as they exist downtown, are not required to provide street parking required for the rest of the city. He noted new, large buildings that might involve rat lots being consolidated, would require off - street parking to be provided. Mayor Monday then thanked Dr. Robert Eubanks and Mr. Jack Nichols of Sam Houston State University, or their work in arranging for the live broadcast of this public hearing on Channel 7 and on the monitors n the conference roan and lobby. Mayor Monday then introduced the first speaker. Don Matthews, 129 Elmwood ' Mr. Matthews felt there is possibly more than what one might first expect here. He then referred to 43 page preliminary report from the Planning and Zoning Commission to the Huntsville City Council. He it was explained to him that the primary concern in this public hearing would be the residential zones the city's interest in helping to maintain the integrity of those neighborhoods and their deed MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "w" 87 restrictions. He said of these 43 pages, over half of them contain amendments and additions to the present code that are far ranging beyond merely what sounds good to us all - -the protection of the integrity of our neighborhoods. As an example, Mr. Matthews referred to Table 4 -1 on page 4 -4 concerning allowable uses and the listing of the three types of districts and a new Section 401 -5 concerning land use standards, which reads . . Except as hereinafter otherwise provided, no land or building shaLL be used, and no building, structure of improvement shall be made, erected, constructed, moved, altered, enlarged, or repairs, for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building structure, or improvement is Located, and in accordance with the provisions of this code." He said over half of these pages contain "new" items. He encouraged those present to read the 43 page document. He contended after reading the document, that this is a veritable Pandora's Box of potential abuses. He said he has no doubt that the intent of aLL concerned is good, but was concerned about the possibility for abuse, noting it is rampant through the pages. He felt one of the most important things will be the establishment of a Board of Adjustment, a new board that does not now exist. He quoted from the report on one of the responsibilities of the Board of Adjustment: ". . . The Board of Adjustment is authorized to provide a program for the orderly termination of nonconforming Land was and structures deemed necessary to carry out the intent of this code in the city." He said "intent" is not defined. He said it further states ". . . The Board of Adjustment shall determine the Land use category of any lard use where a question exists." He said if one goes through this report, time and time again, the Board of Adjustment is mentioned. He said whomever sits on this Board, before it is all said and done, will have enormous powers. He said we may start out with a wonderful Board and no doubt we will, but will it stay that way. He said the people comprising this Board will change over the years and their philosophies and intents will changes. He said once in place, this thing will be much harder to get out than it will be to get in. Therefore, he ' begged those present to give this weighty consideration. He said this board will wield power in future. ' years that the people are not expecting to see tonight or even in the immediate future - -but it will happen, it always does. He said this is the nature of government. He said we have boards enough right now and he advised against creating another one. Mr. Matthews went through the report, noting there are pages of changes, omissions, and additions 1 and this is not what we have now and it is far from it and it goes far beyond what a lot of them might like to see in these neighborhood districts. He said a Lot of these neighborhoods presently have restrictions. He said it has been explained to him that this plan will help and that the city will be able to become involved now to strengthen these restrictions to see that they are implemented. He said that is fine; he lives in a nice neighborhood and he would Like to see it stay a nice neighborhood and did not want to see it encroached upon. He said if anything happens that way, if any of them have the gumption to do it, they have the restrictions, and they can get up and do something about it; if not, the city says it can help. He said this is fine, but there is so much here potentially beyond that. He then referred to page 4 -7, Section 402.3 -- Neighborhood Conservation INC), as follows: "There exists in certain parts of the city areas of residential development which have been maintained exclusively for the purpose of single - family residential dwellings. To conserve the character and value of buildings and building sites existing in these areas and to protect the integrity of the neighborhood, the Neighborhood Conservation District is provided." He said this sounds good to him and he likes this, but asked what will have to be given up to get this. He asked why the city needs another 42 pages of amendments, additions, subtractions. He said if this paragraph is what it is all about, let's take this right here and end it right there. He asked why an additional 20+ pages are needed and the establishment of a powerful board. He said the stench that has been in this city for the last few weeks has been zoning. He said to him it is a dirty word and for only one reason: it means the potential abdication of our personal property rights to an extent. He said we have personal rights to property that are guaranteed under the constitution of the United States and these rights are as precious as our personal liberty -- rights that should be guarded as jealously. He said zoning is another encroachment of government on these rights. For the most part, he said, it is well intentioned. He said the City of Huntsville believes they are doing the right and honorable thing and the thing that will benefit this community, and he has no doubts that they are sincere, but this is so full of potential abuse. He asked everyone to consider the implications a few years down the road. He said one's personal property rights are precious and when these can be infringed upon, one's other rights can be: personal rights to MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "g" 88 iberty, freedom of speech, freedom of press, etc. He again encouraged residents to obtain a copy of the eport and to read the entire document and to consider the implications. Mr. Smither said he has been a resident basically all of his life, is a C.P.A.; has Lived in the ity of Houston for a short time and Houston has no zoning; and he has lived in the City of Dallas, a eavily zoned area. He said he has had experience with commercial type zoning in the cities of Nacogdoches rid Lufkin concerning specific regulations on type of businesses that can be operated in a certain Location. e said he believes zoning has its uses in a planned environment, but he is not convinced that the situation f the City of Huntsville, the existing older part of town, is suitable for zoning, especially the type of oning that has been proposed. He said his interpretation of these 43 pages is not quite the same gist as as been put forth by Mr. Brown. He said he may be looking at it backwards, but he is seeing it from the ther side and he has his own opinions about that. He said his interpretation of this proposal removes ower from the individual people and transfers it to the government. He said there is going to be remendous power placed in the hands of non - elected board members and the city staff if this is implemented. e said there is also no representation of the ETJ on this type of board and while he didn't know if it is ossible to have it, he feels with the strength and power of this zoning, that some sort of representation hould be allowed to those who are under the gun of this but have no say until they are annexed and then it s too Late for them to have any say. He said it appears there will be a new layer of rules, regulations nd fees. He said there are many questions. Mr. Smither said the Development Code itself is supposed to upply all of the definitions, but he fails to find quite a few of the new terms that are included in this Jj roposat in the definitions section. Lastly, he said, after reading the proposals, he is convinced that if , he purpose is basically to prevent a liquor store from being built on 11th Street across from Apple Tree, hat it does not, in any way, guarantee that will happen. He said he would almost bet money that within two r three years after zoning is adopted, that that would be one of the first places that a variance would be iven by the appointed board. He said he also has an alternative, similar to Mr. Matthews, to throw out the 3 pages if the purpose is to support deed restrictions, and say something Like: "No building permit, ccupancy permit, license, water or sewer connection, utility connection, etc. will be issued or allowed for ny structure, use or development on property the use of which would be in violation of valid deed estrictions." He said this is short, sweet and very understandable. Mr. Spencer said he lives at the corner of Avenue 0 and 20th Street. He said he is here epresenting some undeveloped acres west of I -45. He said it would be appropriate in this meeting to lay a ittLe background on the details concerning a Zoning Study Commission, which was appointed by the Mayor some wo -three years ago. He said Councilmember Knotts was Chairman of that Commission and CounciLmember Carter rd himself were among the 30 some people serving on the Commission for almost a year. He said they met on n average of once or twice a month and had various input not only from Local people but from outside ources. He said it is his opinion, from having been a member of this commission, and along with ouncilmember Carter, being one of four people designated by the Chairman to draft the final recommendations o the City Council, that the emphasis placed on them as a Zoning Study Commission, at least from inside and utside sources, was that zoning was very much in the interest of Huntsville and that for some 18 cities of untsvi LLe's size, Huntsville was only one of two that had not already adopted zoning. He said a lot of mphasis has been placed on the value and positive emphasis that zoning would benefit the city. He said for hatever strange reasons, after evaluating that information over a period of 8 -10 months, their ecommendatiois back to the City Council was that Huntsville not adopt zoning at that point in time. He ' aid he realizes and accepts the fact that political winds may change in a period of three to four years, rd possibly that is why we are here now. He said maybe the Council has perceived that the political winds ave changed and the desire among the citizens of Huntsville is to adopt zoning. He said he will grant hat. He said if the zoning proposal is adopted, the Planing Commission will become the Zoning Commission. e said a comment was made about the Board of Adjustment and he noticed that both the Board of Adjustment MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK °0a 89 and the Planning Commission will be appointed. He said in the balance of fairness, the Board of Adjustment should possibly be elected. He said there is too much poLiticaL input on this as far as who appoints both the Planning Comm ission and the Board of Adjustments. He said he is also worried about the future powers of a zoning commission and he is speaking from the aspect of undeveloped Land. He said he can see the wide open M Zone areas out there, and while he is not trying to sound trite, if that is the future of Huntsville, who is going to decide. He said he is told presently things wiLL be just Like they were and that the Board of Adjustment ardor Zoning Commission will be in a position to do that. He said his perception of what they are here to do tonight is to decide whether they want economic decisions to determine how we use our land, and whether we want to abrogate that present power and make it a one where political decisions decide how we use our land. He asked the Council that when they make that decision, which would radically be a change, whether they want economic decisions determining how land is used or do we want to give up that power to a politicaL body. He said he feels there is enough undeveloped Lard out there, and people are wondering what is going to be the future of all of that undeveloped land. He said he enjoyed his time on the Zoning Study Commission and likes to think that these 30+ people represented the community fairly. He said unless there has been some radical change in the way HuntsviLLe perceives its desires for land use, he is not sure they can change it. Russell Dooley, 2612 Bois d' Arc Mr. Dooley said he Lives on Bois d' Arc right across from the White Addition. He said what goes on in the White Addition affects him. He said as it is in Huntsville now, if a business interest or a businessman has enough money and enough perseverance, he can bust up a neighborhood and that is what is happening in the White Addition. In the future, he said, this same thing will happen in Sleepy Hollow where he Lives and also in Forest Hills; it is inevitable that this will happen. That is why, he said, we need some powerful force like zoning. He said he feels the guys in real estate don't Like this because this is going to hurt them so they can't make as much money- -they would be restricted - -but the people that live in the residential areas want their property rights protected and their property values protected. He said as far as the fear of a powerful commission, one can see what is happening here tonight. He said they [residents] put pressure on these politicians and that's why this whole thing is stirred up like it is. He said if the people in the White Addition had not put pressure on the politicians, none of this would be here tonight. So one can see, he said, that when pressure is put on the politicians, they change the commission; this is the way it works and this is the way it will work good. Brian Woodward- 125 Pine Valley Mr. Woodward noted in response to the comments of Mr. Dooley concerning real estate people and protection of private property, that real estate people are probably more dedicated to protecting private property than any other profession in the city. He said their fear is that in imposing zoning, people who are homeowners, believe this to be a better protection than that which they have already. He said cities that have enjoyed zoning find that zoning variances come really as a result of wealth and influence. He said most zoning boards, at some point, become seduced and they do not protect the individual homeowner. Nevertheless, he said, he came here originaLLy to support the zoning proposaL; perhaps to the surprise of many, because he saw it as a compromise; being an old Englishman, compromise is something they are pretty big on. He said he was really disappointed and felt betrayed when he picked up the packet. He said most of the people who are here came to protect their individual subdivision or homesite, etc. He said when he got here he found the city, instead of doing something clean and neat and wanting to do what the residents want, has rewritten half of the Development Code and profess that this is the work of lay people in the community, ' when in fact, it obviously isn't --it's a very professional job, provided by one of the bureaucrats in the city. Obviously, he said, no one has read it because there are some things in it that don't even make sense. He said there was one that refers to "realtor's attorneys'- -this is totaLLy out of place and doesn't mean anything. He said Realtor is a copywrited name and it should be capitalized and should have a registered trademark after it. He said, all of the people who have spoken before him have made him reconsider his position. He said he really does believe that the residential neighborhoods in HuntsviLLe MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "w" 90 need protection. He said the City has consistently said that it would enforce the restrictions- In every instance, he said, when the city has been asked to do so, it chickened out and said it didn't have the power to do so, after reinsuring the people that it did have that power. He said, he, like some of the prior speakers, would like to see a much simpler ordinance providing what the homeowners want -- protection of their subdivision with sufficient power to protect them from adverse circumstances. But this is a typical bureaucrat's bunch of paper, he said, and it has put in a lot of other things that are totally unnecessary. He said he thinks all that the people who are here tonight came to insure was that their homes would be protected against any sort of adverse condition. He said he thinks the City Council and Planning Commission should look to writing exactly that and get rid of these 42 pages and have a simple ordinance protecting these areas that people desire to have protected and everyone here then would probably support it or a great deal more people would support it. Councilmember Bell asked Mr. Woodward if he has had a chance to compare what the state requires and what the City wrote into these 43 pages. Mr. Woodward said he does not have a copy of the state statutes. Councilmember Bell said a great deal of what is actually in this document is state mandated. He said it might be useful to discover that. Mr. Woodward then referred Councilmember Bell to page 1 -21, paragraph (3), as follows, and asked for an explanation. (3) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the City to review such decision and shall prescribe the time within which a return must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and my be extended by the court. The allowance of the writ shall not stay proceedings upon the decision being appealed, but the court may, upon application, notice to the City, and due cause, grant a restraining order. Mr. Scott Bounds, City Attorney, noted this paragraph: comes from Section 211.011 of the Local Government Code, but that there is an error and that is that "realtor's" should be "petitioner's.-' Mr. Woodward said this shows his concern for this whole document, noting the city doesn't know what i,,fp in it as they haven't read it. He said the City Attorney might look on page 4 -4 where, something he brought up three years is still persisting in this document. He said the word Dwelling is used instead of the word Drilling in Table 4 -1. He said the code states one cannot dweLL downtown, but the city means "drill, " - -this is still wrong three years Later. He said one cannot have faith in a document with such obvious flaws. He again asked for simple protection for their homes. Jim O'Hare, 200 Normal Park Mr. O'Hare said he is Chairman of the Forest HILLS Addition Committee, which is the main reason he is here tonight. He said he was raised in a big metropolitan area before he moved to Texas in which zoning was a way of life. He assumed this was the way the world ran, he said, and they had no problems with it and he lived in the community and was quite comfortable with it. He said he is not here to oppose or support zoning as he assumes this council, this commission and this city is going in the zoning direction. He said he is here to give some input relevant to their subdivision and their existing deed restrictions in the hopes there will not be conflicts between what the city adopts and what their deed restrictions currently outline. He said there are really only several areas of possible conflicts: First, he said, Section 401-6, Section (1) (b) regarding guest houses, etc. He said the Forest Hills Subdivision Deed Restrictions strictly prohibits any out buildings to be used as a guest house; in fact the only out building for residential purposes it permits is one for bonafide servants quarters. He said to his knowledge there are no servants quarters in Forest Hills, but nonetheless, they do not permit guest houses for family members, visitors, etc. He said there is a conflict between what this says and what they currently have in their restrictions. Second, he said, residential or home occupation - -the Forest Hills Subdivision Deed Restrictions strictly prohibit any kind of home occupation. Mr. O'Hare said in the very beginning of this preliminary report, under legislative intent, it says: '-This code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Code conf Licts or overlaps other I1 MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "g" 91 regulations, whichever imposes the more stringent restrictions shall prevail." He granted this covers his concern, but as has been mentioned by several speakers, this 40+ document covers his concern in two sentences in Section 101. He said it covers the entire area of neighborhood conservation districts in essentially two paragraphs. He said he believes if the city goes into a zoning ordinance, it would prevent some potential conflicts and problems for the neighborhoods if the zoning ordinance more specifically speLLed out these several areas of conflict that he just mentioned in reference to Forest Hills. Charles Warren, 1610 Avenue P Mr. Warren said he has just recently purchased property at 1610 Avenue P. He said he does not intend to go into the 40+ page document, but would like to make some reflections on his arrival as a new citizen in Huntsville less than a year ago. He said he had been renting and purchased property approximately eight weeks ago. Recently, he said, his back door neighbor on Pin Oak came through the neighborhood and dropped the document off for his examination. He said he was extremely concerned because one of the great difficuLties he had in purchasing a home was the fact that it was noted Avenue P is very close to an area now turned commercial [Avenues 0, N and MI. He said one of the things that attracted them to Huntsville was the redevelopment of the downtown area which he now has a part interest in as a business. He asked why did he buy in an older residential area? Well, he said, he does believe in revitalization which is going on downtown and which he would like to see continue in the residential area. He said he feels very threatened, and referred the Council to the zoning maps, noting his property is number 3 between 16th and 17th Streets on Avenue P on what he assumes is the west side, but the boundary it proposes has been gerrymandered. He said the Council will note that all of the other boundaries are by street, but this ' particular boundary is by backyards. He said he finds this a bit problematic. He said the Council will also notice the gerrymandering began with a Little jog down the backyards between Avenue P and Pin Oak and continues down to 17th Street and then drops back on 17th Street down to approximately the school and then back up 18th Street and a Little bit more gerrymandering around until it reaches 19th Street. He asked why in the planning we did not use Avenue P itself, a logical boundary. Adnittedly, there are some business u' interests on Avenue P and unfortunately they were allowed. He chaLLenged the Board's judgment in drawing a backyard type of boundary between Avenue P and Pin Oak Streets when an examination of the physical area would have shown that there are no business establishments on the west side - -these are strictly residential - -in fact, almost without exception, all residences on Avenue P are one owner dwelling. Councilmember Carter asked Mr. Warren if he is worried about being in or out of the zone. Mr. Warren said he would accept Avenue P as a logical boundary, but not the backyards. He said he would have preferred for the boundary to have been Avenue M a Long time ago, and if he had a choice, he would prefer that the zone be moved to Avenue P if it is to be moved at all. He said he would like to echo earlier sentiments that we need a simple document. He said he would prefer that his property be "in" the zone. Mayor Monday asked Mr. Bounds, City Attorney, to clarify how the boundary lines were drawn in this area. Mr. Bounds said the primary criteria for the establishment of the original NC zones were areas that had been restricted to single family residences or properties for which there were single family residential use restrictions in existence and which were still used primarily for residential purposes. He said he assumes the reason the boundary went along the backyards is because the properties facing one street were restricted, whereas the properties facing the other street were rat. Greg CantreLL. 2704 Cedar Drive ' Mr. Cantrell noted he has been one of the leaders of the white Subdivision Homeowners Group and a number of them are represented here tonight. He said he agrees with many of the speakers that this is a complex issue. He said the report is a rather complex one too as its 43 pages has been pointed out. He said Mr. Matthews and others have criticized that 43 page Length and he does not Like it either. He said this is a problem with our form of government - -if anyone has ever looked at any other laws - -they are that Long too. In fact, he said, 43 pages is pretty good for a Lot of laws. He said we can look at our beloved MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK °U" 92 state constitution and notice that it has been amended 303 times and the length of it would reach out that door. He said for those of them who have studied this plan in some depth, they realize the majority of this Length is not something that anyone who was involved in the making of it desires. The length is as long as it is, he said, mostly because the state requires it - -the state makes us take Large chunks of state statutes and include those in any zoning plan. He said the calls for a nice short and simple document are well taken, but the fact is that the adequate protection of homeowners, the adequate effective implementation of that protection, simply can't be done in a much shorter document. Sure, he said, it could be shorter and it is probably not perfect, but he has seen very few perfect laws. Mr. Cantrell felt overall the 43 pages is simply one of those necessities with which we are forced to Live. If we want to conform to state law, we sure don't want the state saying that this isn't legal. After some study, he said he believes that the Commission has done its homework and that this length is a real effort to make sure that the city has dotted all its "i's" and crossed all its -'t's" and that all of the state's requirements are met. In essence, he said, the plan is exactly as it was explained originally, and that is to say that it protects homeowners in the neighborhood conservation districts and really has no affect at aLL in all of those areas that are not residential neighborhoods today. Mr. Cantrell said one or two of the principal arguments in favor of zoning haven't come out yet tonight and he wanted to briefly make those. He said they in the White Subdivision are particularly aware of the arguments both against and in favor of it because they are one of those neighborhoods that has found itself repeatedly, rat just this time, but repeatedly forced to defend its deed restrictions. He said the traditionaL argument that has always held in Huntsville is that deed restrictions are sufficient to protect homeowners from undesirable commercial encroachment. This assumption starts, he felt, with the idea that all of us here favor protecting homeowners. He said the only question is how do we best protect homeowners. The argument, he said, has been that deed restrictions are sufficient. He quickly explained why this is not the truth. He asked why not just let deed restrictions work? Deed restrictions actually work only for certain classes or groups of homeowners, he said. If someone wants to challenge a deed restriction or if someone wants to build a business right in the middle of a commercial neighborhood, all he has to do is file a suit in a District Court to have the deed restriction removed. He said if anyone has ever set foot in District Court, one knows this costs thousands of dollars. He said business people who want badly enough to Locate their business in the middle of our residential neighborhoods can probably come up with the thousands of dollars needed to go into court to file that suit. He said the only way for homeowners to respond and protect themselves then is for them to meet that person in court and also shell out probably tens of thousands of dollars to fight the suit. So what do deed restrictions really do, he asked? He said they protect very well those who can afford the thousands of dollars to go to court, but they do nothing to protect those Like himself and many of his neighbors who may not have an extra $10,000 in their bank account to use in a costly court battle. Deed restrictions simply aren't sufficient, he said. As another speaker put it tonight, he said, they would much rather take their chances with the political process - -the political process has responded thus far. He said politicians have a bad name today and there may be good reasons why they do, but the fact is the people elect these politicians and if it is an appointed board, then the Politicians they elected are the one's who appointed them. It didn't cost them anything to drive here tonight, he said, except the gas to get up here, to stand up in this room and to make their feelings known. He said their feelings and their presence here will have an effect on what kinds of decisions are made. He said for him to get in his car and drive to the District Court and meet his Lawyer and fight that suit is not something he can do for the price of gasoline down to the Courthouse. It is something he feels, in fact, none of the residents of his subdivision can afford to do. He said maybe they can afford to do that at Elkins Lake, he is not sure, but they can't and many of the people in these districts can't. He said we can talk about the length of the document, but he thinks that is blowing smoke to be perfectly honest. The real objections to zoning really are that this is anti - business. Well, he asked, is it really? The fact is that rat one existing business in Huntsville is affected by this ordinance and not one existing business is located within the outlines of the NC zones. He asked then what kinds of businesses would want to Locate in a residential neighborhood? Are they the kinds of businesses that will bring significant numbers of jobs to Huntsville? Are they the kinds of businesses that will contribute to the economic growth MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "g" 93 and prosperity of Huntsville? He said he would say no to these questions. The kinds of businesses that will contribute significantly to the development of Huntsville, which they all want, are the kinds of businesses that are going to have to settle in those business districts that are unaffected by this ordinance. He concluded this ordinance is reasonable - -we may not Like its length - -we may not be able to understand all of the legalese that is in it, but that is a fact of government today. He said the ordinance is reasonable, it is limited, it is not as he heard one say, zoning with an iron fist, it is zoning with a velvet glove; it is not anti - business and it is something they need very badly to protect their interests as homeowners and residents in Huntsville. He said it will protect their quality of life and will allow them to raise their families in the kinds of environment that they paid money for in order to have it when their homes were purchased. He then asked those in the audience from his neighborhood and whose views he has just represented, to raise their hands. He noted these folks are not all going to speak, but they will if they are asked to do so. MAYOR AND COUNCIL REMARKS Mayor Monday noted there are no other registered speakers. She asked for any others who may wish to speak at this time but whom have not registered. There being none, Mayor Monday expressed the appreciation of the Council and Planning Commission for the attendance of these residents. She said all of these comments will be provided Lin the minutes) to the Planning Commission. The Council and Commission will then be reviewing the preliminary document in light of those comments. She said additional action will be taken as the Planning Commission decides and if they refer back to the Council. She said the Council will be having additional deliberations on this matter. She thanked all who attended for coming. ' Councilmember Knotts advised Brian Woodward that he was also confused on the length of this proposal. He said there were some 30 pages of the present code that were affected and this is why a lot of this is scratched through. He said most of the additions were mandated by state law and that is why there are 43 pages. He said there won't be two separate documents- -the zoning ordinance will affect that much of the city's current Development Code. Mr. Woodward referred to page 1 -18 (5) "When the riaht to maintain or operate a nonconforming use has been terminated in accordance with an amortization schedule established by the Board of Adjustment." and asked if this is required by state law. He asked what is an "amortization scheduLe." and does this mean that in ten years the city is going to make him tear down his apartments because they are in the wrong place? Mr. Bounds said he does not think the amortization schedule provisions are required by state law. He said he can provide for Mr. Woodward a copy of the statute as to what is required and what is not. He said there are some typographical errors that were discovered earlier, but once the proposed zoning process is begun, we must basically leave the preliminary report "as is" through the public hearing without making changes. Mr. Woodward noted paragraph (5) is not a typographical error but is perhaps "garbage" that doesn't have to be in the proposal. He said we can have a fairly simple ordinance and this is the point to which he is responding. Mr. Bounds said this provision probably does not have to be in the document, but a majority of the Language defined, as far as the number of pages, not the notice procedures, is a direct requirement of the state Local Government Code and he will be glad to furnish Mr. Woodward a copy. Mr. Woodward said he does not have time to read it, that is Mr. Bounds' job. Councilmember Knotts noted also that no change can be made in a zoned area except by the public hearings of this type, decided by the City Council. He said the Board of Adjustment will not be able to rezone areas; it must be done in public hearings and voted upon by the City Council. Mr. Woodward said he agrees and he is for what all these people want. He just doesn't think it takes changing the Development Code, which is an area of great sensitivity to him. He said the Little card he received in the mail said ' the city is going to have a meeting about passing zoning. He said when he arrives, there are two sections in the Development Code, which everyone knows is an area of great sensitivity, which have been changed, with no notice that the Development Code was to change. He said this is supposed to be a meeting on zoning, but when he gets this document, he finds the Development Code is changing. Mayor Monday noted all of the information in the 43 pages is directly related to the implementation of this zoning plan and adopting it and referring it to the zoning plan itself and how it would affect the Development Code. She said it is all MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "O" 94 Legal, was done correctly, done with the correct posting, and the only changes there attributed to the opment Code, are those that directly affect the implementation of zoning. Mr. Woodward said it would been a lot more open and honest to tell interested persons that there was a change in the Development in addition to the fact that we were considering zoning. Mayor Monday said the only changes there are ad to zoning and are necessitated by that change. Councilmember BeLI stressed and emphasized to the group that the city is not zoning Huntsville, but y a couple of isolated areas and in a very real sense, the city is trying to protect property rights. He d the charge was made that the city is trying to take away property rights, but in fact the city is ing to protect existing property rights, especially the property rights for the people who can't afford make a trip down to District Court, as Mr. Cantrell discussed. He said this is the basic issue- -some of just don't have the money to oppose a major legal initiative to break our deed restrictions and this is re the city needs to assist. Councilmember Carter noted Mr. Spencer referred to something that had come up in the Zoning Study mission's work and primarily he defined the issue well: Who is going to make property decisions in this n-- people with the most money, people with economic power, or people with political power. He said he fers that the public be able to make decisions about the way Huntsville develops in the future, rather n a small handful of people with substantial economic power. He said this is what the city is trying to with the zoning ordinance, in a very limited way, directed almost entirely and only at this point and for foreseeable future, to protecting neighborhoods where people own single family residences, which is bably the largest investment that they will make. He said he doesn't think it goes any further than ` Councilmember Green said Mr. O'Hare had some concern as to deed restrictions, guest house and home , upations, etc., and said this ordinance did not deal with that. He said the ordinance, as he understands simply deals with whether it is a single family duelling - -any other deed restrictions that might pertain a particular property as to anything else one may do - -the city has no interest in that with regard to se restrictions. He said if someone is in violation of any other deed restriction, the city may in fact ue a building permit for a guest house - -the fact that it is in violation of the deed restriction means has to take individual action- -the city will not support that. He clarified with regard to deed trictions, the only thing the city has any interest in with regard to this ordinance is single family pings, or any other thing in that area - -but with regard to any other deed restrictions that might apply that piece of property, this ordinance does not address that. Mayor Monday noted it does not address ten t fences or eight foot fences, etc., but only relates to the actual type lot as spelled out in the deed trictions. Councilmember Knotts said it is his understanding that deed restrictions preclude zoning, if the restrictions are more extensive than zoning. Councilmember Green said Mr. O'Hare was concerned about aspects of deed restrictions and whether this had anything to do with that or not. He said what he needs to be clarified is that if one has deed restrictions, something other than whether it is a e family dwelling, then this ordinance does rat address that. Councilmember Green said the residents to be aware of this; this doesn't address that issue at all. Mayor Monday said this ordinance will ct single family homes against commercial encroachment upon those areas and will protect them against - residential dwellings and will protect the single- family residential status. CLOSE PUBLIC HEARING ' Mayor Monday noted in closing, the staff is available for any questions the citizens may have and will be happy to make appointments for them to come in to obtain clarification. Mayor Monday then Lly closed the public hearing and recessed the Council Meeting for five minutes. MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "0" 95 FORMAL MEETING RECONVENED Presentation by Huntsville Arts Commission of La Juana Allen's Photograph Notebook Ms. Betty Hartong, Arts Commission Commissioner, then introduced Ms. La Juana Allen, Local photographer and wild flower enthusiast, who then presented to the Mayor and City Council a scrapbook entitled "Precious Jewels of the Wild," a photographic exhibit of Walker County Wild Flowers. Ms. Hartong advised Ms. Allen received funding for this project from the Arts Commission for fiLm and materials only [not for labor or artistic endeavor). The Mayor and Council expressed their sincere appreciation. Ms. Allen noted her interest in submitting another proposal to continue the work. Mayor Monday encouraged her to submit another proposal for the Arts Commission to consider. Zoning Ordinance -- Procedural Note Mayor Monday advised that the Planning Commission was in joint session with the City Council this evening. She said they have adjourned their meeting and wilL be reconvening at their next meeting to deliberate all of the presentations that were made this evening. She said they will then generate a final report for presentation to the City Council. Mr. Bands, City Attorney, noted since a joint public hearing was held, another another public hearing is not required. He said according to the procedural calendar, the Planning Commission will be meeting on Monday, April 30 to review the results of the public hearing. He said they could have the final report back to the Council as soon as May 1 and the Council could consider action on that as soon as it wishes. Mayor Monday noted if the Planning Commission feels it needs more time to deliberate, they can feel free to change that schedule. Mr. Bounds said there is no 90 day schedule and that 90 days was only a suggestion made as to a practical time line that could be expected to complete this process. CONSIDER PILOT CONTROL OF RUNWAY LIGHTING SYSTEM AT AIRPORT Consider Change Order No. 4 on the Huntsville Airport Proiect to add a radio and interface for piLot control of the runway Lighting system in the amount of 83.300 with the City match of F.A.A. funds of $330.0 Mr. Pipes, City Manager, presented information from Glenn Isbell, Director of Engineering Design, advising that this change order is to add a radio and interface for pilot control of the runway Lighting system. He noted the present system must be operated manually to control the intensity of the Lighting system and activate the runway end identifier Lights (REIL). He said this system will allow the pilots to activate the lighting intensity and the REIL system during the nights when the airport is unattended. Mr. Pipes reported the City's cost would be 10 percent of the $3,300, or $330. He advised it is the staff's recommendation to approve of this change order, subject to FAA approval. Councilmember Barrett made the motion to approve of Change Order No. 4 as outlined and the expenditure of $330 for this radio and interface system. subject to FAA approval, and Councilmember Howard seconded the motion All were in favor and the motion passed unanimously. CONSIDER HOT MIX ASPHALTIC CONCRETE Consider bids for annual contract for hot mix asphaltic concrete to Pavers Supply Mr. Pipes, City Manager, advised it is the City's intent to purchase 30,000 tons of hotmix asphaltic ' I concrete per year (Type B, D, or D Modified) in accordance with the State Department of Highways and Public Transportation Item 340 and paragraph 6.7 of the 1982 standard specifications. He noted a series of three bids were received on Type B, Type D and Type D Modified. Mr. Pipes said it is the Public Works' and Purchasing Agent's recommendation to accept the lowest bid meeting specifications, presented by Pavers Supply. He noted bids on the F.O.B. Plant H.M.A.C. with the $ .12 per mile figured in, as specified in the bid package, is as follows for Pavers Supply, which is six miles from the Service Center: MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK "0" 96 Type B 824.50 [FOB] and 825.22 [mileage & FOB] Type D $23.50 [FOB] and 824.22 [mileage & FOB] Type D Modified 821.00 [FOB] and 821.72 [mileage & FOB] Councilmember Carter made the motion to approve of the bid of Pavers Supply as outlined above and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimousLv CONSIDER YOUTH BASEBALL AND SOFTBALL AGREEMENTS Consider agreements with Huntsville Dixie Boys Baseball and Huntsville Girls Softball Association; Huntsville Boys Baseball Association: and Huntsville Adult Softball Association to provide summer recreation programs at City Parks for 1990 Mr. Pipes presented this series of contracts which are virtually unchanged in their content from previous years. He said the operations have been very successful at the baLl park. He recommended their approval as presented. Councilmember Gaines made the nation to approve of these contracts as presented and Councilmember Howard seconded the nation. Discussion: Councilmember Green questioned the provision in the agreement for summer baseball and softball for the Dixie Boys and Girls Softball Association which states: "(d) The remaining receipts (80% of net profits) shall be distributed between HDB and HGSA pro rata based on the number of players participating in each organization (with 50% tee ball adjustment applied as outlined in Exhibit A)." Councilmember Green noted he does not have Exhibit A and asked for an explanation of what ". . . with 50% tee ball adjustment as outlined in Exhibit A." means. Mr. Pipes said this was their concession stand agreement among the leagues, as to how they split up the ratio of time in the concession to support the fund raising for the league. Councilmember Green was concerned that perhaps there is a mistake here. Mr. Pipes said if they have changed Exhibit A from last year, it would be in the matter of time allocated to each league. Mr. Johnny Poteete, Director of Public Works, advised the exhibit is the same as it has been. Counci Lmember Green aLso questioned the provision listed in Section V1. g. (2) which states: "If a. League holds a Post Season Tournament while another League is playing regular season scheduled games, the Tournament League gets only 25% of gross sales from the concession stand." He said there is not much indication as to where the rest of the money will go. He said he assumes that amount covers cost, but when put in terms of "gross" rather than "net," it raises a question, because the gross sales my not, in fact, cover the costs, particuLarLy when we talk about 25% going to the league. Mr. Pipes said this says they only split when there is a tournament going on while a league game is being played, then the League gets the lion's share and the tournament only gets 25 %. Councilmember Green said 25% of gross, not of net, so that nay Leave the rest with nothing. Mayor Monday said she assumes this is something that has been worked out among the leagues. Mr. Poteete indicated the leagues have agreed to these contracts. Mayor Monday asked Mr. Poteete to check with the leagues to see that they are in agreement with these two provisions as they are stated in the contracts and if there is a problem, the contracts can be brought back for reconsideration. In the meantime, she noted, the Council will approve the contracts, since the leagues have already begun playing. ALL were in favor of the nation on the floor and it passed unanimously. CONSIDER BUDGET, TAX, FINANCIAL REPORTS AND BUDGET ADJUSTMENTS -90 'Mr. Pipes, City Manager, presented information from Patricia Allen, Director of Finance, concerning nds available for allocation in the mid -year budget. He advised the balance in reserve for future Location totals $51,067 and some $419,614 is available from prior years, for a total available in the neraL Fund of $470,681. Information from Ms. Allen indicated no funds have been deducted from the City's MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK ag" 97 match on the arts grants; if approved. Ms. Allen noted the unaLlocated funds total 8200,000; the reserve for future debt service totals $141,395 and the sales tax set aside for capital improvements totals $415,958 for a total of funds reserved of $757,353. Ms. Allen advised none of these reserves are legally required and may be adjusted as desired by the Council. She noted during the budget process, it was anticipated that a sales tax reserve of $172,889 would be required, however, after discussions with the State Comptroller's office, it has been determined that this reserve will not be required. She said this amount is inc Luded in "funds available from prior years" for allocation. Ms. Allen noted calculation is based on the assumption that the accumulated vacation and sick pay is funded at 25 %. The total liability, she noted, is $230,367. The doLLars available by funding at 25% rather than 100% is $172,775, she noted. If the Council desires funding at a different level than the 25%, Ms. Allen noted, an adjustment to the available funds would be necessary. The $141,395 was set aside several years ago for future debt service and this amount is a portion of the 4172,775. The Council was advised this is not a LegaLLy required reserve and may be adjusted. Mr. Pipes discussed the funds available and summarized by saying the Council has 4757,353 in reserve that it has earmarked. He advised the Council can allocate these funds at any time in any way it so chooses, and it would simply have to weigh that against the priorities it had previously established. He said the bond market is reasonably stable at the present time and the city does not expect to issue bonds until Later in the fall. He said if the Council does spend this money now, it would be limiting its options at that time whereas with these funds available, it may be able to continue on into next year with the street paving program should it choose to allocate funds at that time. He said if the Council decides $200,000 is not necessary to hold in reserve, it could borrow the money, float a C.O. and if the city has a catastrophic situation; this is a council decision. He said the staff feels it is important to bring these figures back from time to time to make sure the Council knows the status of the money. Mayor Monday noted this information is to refresh the Council's memory. She noted the Council said it was going to use the reserve funds to continue the street program, concerning the reserve for future debt service $141,395 and the sales tax set aside for capital improvements, $415,958. CounciLmember BeLL noted he prefers to leave the $200,000 I in unallocated funds as a set aside or safety net. Mr. Pipes advised there has been a change in the Law concerning conversion to the half cent sates tax, that had required the city to keep a reserve sufficient each year to balance the difference between the half cent sates tax and the reduction in the ad valorem Levy. He said the legisLature no Longer requires this. He said the $172,889 amount that was anticipated to be required is no Longer going to be a necessity. [This $172,889 is included in the $419,614 in available funds from prior years in the general fund, Ms. Allen noted.] Mayor Monday noted if the city is to receive the grant for the downtown work, the city will have an obligation there of $300,000 over a three year period, so there would be at Least a portion of that dedicated to that and pro rated out for a portion for this year and figuring out a way to fund the next two years. Counci Lmember Green summarized then there is really a total of $1.2 million in the General Fund, some of which the Council has committed in some way and some of which it has not committed. The Council was then advised the balance in the reserve for future allocation in the sanitation fund -- operating account - -is $16,576 and with funds available from the prior years of $152,951, this total available is now $169,527. Ms. Allen advised in the water /sewer fund-- operating account- -the balance in reserve for future allocation totals $43,624 and the available from prior years funds total $25,122, for a total available of 568,746. Mr. Pipes said the Council should be aware that they have a $500,000 reserve in water and sewer that it has not yet allocated to capital projects, but it has been earmarked for capital projects by the Council's previous intent to keep the capital improvements project going in water and sewer; the Council has not allocated that specific reserve for specific projects yet because the projects they MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 - BOOK "0" 98 proved in CIP have not required them to get to this point yet. Mr. Pipes said it was felt the Council ould be kept advised of what funds are available pending next week's mid -year budget adjustments. He said ey need to keep in mind what their previous commitments and positions have been and then if something se changes, they will at least know all the numbers as they go into the discussions. CounciLmenber Knotts requested that the city not take on any more projects until the project is nished on 19th and 22nd Streets. Mr. Pipes said he agreed with that comment. Mr. Pipes said as soon as e city finishes the one block on the north side of the Square, Sam Houston to University, the city will be ady to move to those projects. Mr. Wilder said he will have to finish work from Avenue M to University rat. Mayor Monday asked Mr. Poteete if the Progressive Women's Association had received the equipment helped purchase for Emancipation Park. Mr. Poteete said he will provide her with an update on the s of the equipment, noting it has been on order. Mr. Pipes then presented the budget adjustments for the period ended March 31, 1990. Councilmember �r Mr. Pipes then presented the budget report for the month ended March 31, 1990. After a review and discussion, Councilneuber Green made the nation to approve of the budget report as presented and CITY MANAGER'S REPORT- -GENE PIPES Mr. Pipes noted the members of the committee need to set a meeting time and date. Mr. Bounds, City rney, advised the city's insurance policies alt expire September 30, 1990, and in order to take bids ctively, the city will need to get the summaries out for proposals by the middle of July. CounciLmember Finance Committee Chairman Green noted then a decision should be made by the committee by at least the Le of June. No date, however, was set. MAYOR'S ACTIVITY REPORT- -JANE MONDAY Mayor Monday thanked whomever is responsible for the downtown parking Lot locator signs. She noted appreciation for this very timely service. Mayor Monday noted she has proclaimed Library Week and advised tomorrow evening she will participate a literacy program at the Library where a number of people will be doing readings to celebrate literacy. ' noted she also did a proclamation for Earth Day for the Wal -Mart on Sunday at Noon, and did a clamation at the Hospital designating Volunteer Week. MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK 'NY' 99 Radio Interview with Crockett for Festival Mayor Monday noted she did a live radio interview with Crockett for the festival last week. Gibbs- P owe IL House Marker Mayor Monday noted she also participated in the ceremonies at the Gibbs PoweLL House where a marker was placed on the house, sponsored by tourism dollars. General Sam Houston Folk FestivaL Mayor Monday commended Councilmember Ila Gaines for her leadership on the festival planning this year. She also thanked CounciLmember Bell for his participation and everyone else who did participate. She felt Huntsville put its best foot forward. She noted the play "Gone to Texas" was well done as always. Diary of Henry Smith, Interim President of Texas following the Revolution Mayor Monday advised a diary of Henry Smith that a relative had, that had previously been undiscovered, has been shared with a class in California. She said that class has prepared that diary for publication and it has now been published. She said the gentleman who has worked with this class has caLLed us. She said it seems Governor Smith was very fond of Sam Houston and there are favorable comments in the diary to that effect. She said the class has decided to dedicate the book to Sam Houston. Sam Houston has contacted the city of the class of students, the home of the relative who had the diary, and representatives of Sam Houston will be meeting in Huntsville with class members from Bay City and will be spending a day at the museum and at the grave. She said Sam Houston Iv is coming and the class will be presenting the book to him and they will then reveal all of the information they have discovered in the diary. She said the City wiLL want to welcome the students to Huntsville and be a part of this. She said she will have more details on this meeting in May. COUNCIL ACTION Festival Congratulations The councilmembers expressed their appreciation to Councilmember Gaines for her festivaL Leadership. Councilmember Gaines noted she is gratefuL for the expressions of appreciation, but feLt the real honor should be extended to the many volunteers who dedicated their time and talent. She said she has received many favorable remarks. Boards and Commission Appointments Councilmember Knotts suggested that before appointments are made to the various boards and commissions in the city, that the city counciLmembers have an opportunity to review and have some input on those individuals before they are recommended for appointment in a formal session. He said this may relieve any concern or ill- feeling the public has about who is put on these boards, as was the concern expressed this evening in the public hearing concerning the Board of Adjustment and the Planning Commission. Rating Guide to Life in America's Small Cities Councilmember Gaines noted Huntsville has been rated 41 out of 219 cities and the first in Texas. MINUTES OF THE COUNCIL MEETING OF APRIL 24, 1990 BOOK ..Q.. 100 Councilmember Green commended the Mayor for the way she handled the public hearing this evening. He the meeting went very well. Councilaeiber Bell asked if the visit to TRA in Arlington had been rescheduled. Mr. Pipes said it s not been scheduled. He said in checking the calendar, he sees that May 15 is the annual meeting of the ghway 19 Association in Athens and he wanted to encourage the Council to attend that meeting, if possible. said Mr. Randle will be turning over the chairmanship to Mr. Bill McCool from Sulphur Springs. Mayor nday asked the Council to turn in a day when they can go to IRA so that Mr. Pipes can select a date. Councilmember and Mayor Pro tem Howard reported that he participated in the Texas Association for ck City Council Members' Goal Setting Workshop last weekend at Texas Southern University. He said this up of black elected officials talked about a wide range of topics from education to national issues. He d it was pointed out that black officials should be a bit more assertive in trying to provide good dership in their communities. He said there are very few blacks who are interested in becoming elected an office. He said those who are elected must be prepared, character -wise, to do a better job than what y have in the past and to improve their relationships in their jobs. MEDIA INQUIRIES Mr. Don Norman announced he will be leaving KSAM on May 5 to return to Liberty County. He noted he s resuming a job he had previously with a radio station there for security and monetary reasons. He said e has many physical problems which he feels he will not be able to deal with here in a situation which he eels is headed this way at KSAM; a situation he feels will not exist in Liberty. He said he wishes he ould move the radio station from Liberty to Huntsville and then he would have the best of two worlds. ADJOURNMENT ctfully submitted,, Ruth De haw, Cite April 24, 1990