Loading...
MIN CC 09/18/1990CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "Q" 198 MUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 18TH DAY OF SEPTEMBER, 1990 IN THE CITY HALL UNCIL 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: ne Monday 0. Eugene Barrett City officers present: ry Bell James L. Carter Gene Pipes, City Manager a G. Gaines WiLLiam B. Green Scott Bounds, City Attorney lliam H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary mber Absent: WilLiam L. Hammock i'. CONVENE AND RECESS TO EXECUTIVE SESSION Mayor Monday convened the formal session at 6:15 P.M. and then recessed the meeting into an cecutive session to consider rest estate acquisition matters: 10th Street right -of -way; Avenue M 8 13th; A Avenue B 8 Mill Drive. No formal action was taken. No other matters were discussed. The executive ession ended at 6:45 P.M. PUBLIC INPUT /INQUIRY Mr. Spence said his objective in coming to the Council meeting is twofold: to try to make the uncil aware of what he refers to as creeping taxation; and an attempt to change their mind set from ending money to saving money. He gave the example when the social security tax was passed in 1935, the iginal tax was one -half of one percent on the first 42,400.00; today it is 7.65 percent on 848,000. He id an individual will pay 83,672 social security taxes, which is an increase of 306 percent. He said it the story about the frog in hot water; if you put the frog down in the pot and slowly add the water, ILL sit there, but if you try to put him in the hot water, he'll jump out -- creeping taxation. In 1982, he ' id, a V.W. cost 815.80 for licensing, today it costs 858.80; it is based on age, whereas in 1982, it was sad on weight. He said a cadillac cost 833.80 and today it is 858.80 -- creeping taxation. Where did the ney go? Nobody knows! He said he presented Last week a comparison of the general funds from 1983-84 to 86 -87 and 1988 -89. He said Mr. Pipes referred to his figures and spoke of the total revenue as opposed to st the general fund revenue. Mr. Spence said the figures he presented were made just on the general fund. said total revenue for 1986 -87 over 1983 -84 was an 8178,971 increase; 1988 -89 over 1983 -84 was a 8617,588 crease; and 1988 -89 was only an increase of 8438,000 over 1986 -87 because the water and sewer department opped almost 8800,000 in revenue between the two years, interest dropped 8219,000, the rebate from TRA was 17,000, the water revenue dropped 8152,000, Elkins Lake's contribution dropped 855,000, all of which most accounts for that change. He said sales tax revenue, which he has contended should have brought the xes down, has increased as a percent of the total budget. In 1983-84, he said, the sales tax revenue was .46 percent; in 1986 -87, it was 10.30 percent; in 1988 -89, it was 16.73 percent. He said if we take out • one -half percent extra the city received, that drops it back down to an 11.80 percent increase. He said • money in the bank hasn't increased. He said last week the Council was playing a game calLed decision ckage. He said he wonders if the citizens of Huntsville realize that it played a numbers game to decide ether or not to buy the police department police cars, but took out the 8100,000 it is going to spend on e downtown project and funded it. He said it would appear to him that police cars are a lot more portent than signs on walls and red sidewalks, which is an extra expenditure over the 8492,000 the Council s budgeted for the downtown project. Mr. Standefer advised Mr. Charles Smither, Jr. had to Leave early this evening and asked him to ask is question for him. Mr. Standefer asked if a property owner who is granting a facade easement in the Dwntown area is required to insure the mural, or is the insurance strictLy on the structure of the wall. ayor Monday said the staff will be glad to get back to Mr. Smither with an answer. ' FORMAL MEETING CONVENED Mayor Monday called the meeting order. CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "G" 199 PUBLIC HEARING OPENED Mayor Monday then opened a joint public hearing of the City Council and the Planning and Zonin Commission for the purpose of receiving comments concerning the proposed rezoning of Far Hills Section I a a residential conservation area. She then recognized the members of that area who were present in th Chamber. She also recognized members of the City Planning and Zoning Commission who were seated to receiv comments. There were no comments made from the public concerning the rezoning of Far Hills Section I CounciLmember Bell asked if there was any opposition. Mayor Monday noted all she is observing are smite from the residents who are present. There being no comments pro or con, the Mayor than closed the pubLi hearing. INVOCATION AND MINUTES Councilmember and Mayor Pro tem Howard presented the invocation. seconded the motion. All were in favor and the motion passed unanimously CONSIDER ORDINANCE ADOPTING THE BUDGET Consider Ordinance No 90 -19 approving the fiscal 1990 -91 budget Mr. Gene Pipes, City Manager, presented the summary of the budget, as follows: General Fund .............................. S 6,583,698 Debt Service .............................. S 687,364 Water and Sewer ...........................5 5,842,881 Sanitation . ............................... S 1,910,540 ' Design Engineering ........................ S 561.415 Total ..................................... 215,585,898 Capital Improvements Budget ...............S 3,939,068 Mr. Pipes advised this budget includes the adjustments the Council has indicated throughout the month discussion period. He recommended the budget for the Council's consideration. Mr. Pipes then asked the Council to consider optional decision package funding based on cumulative September sales tax data. He said this is a consideration added after the Council's last budget discussion Last week. He said the Council is fully aware that the city based its budget on the sales tax data available through July as it was going into the budget preparations. He said in the middle of the process, the city received the August sales tax report which indicated a substantial increase for the month of August, but he advised that "one month did not a trend make" and therefore was reluctant to consider the extra available money based on the August contribution which was already in the bank. He said after the meeting, on Wednesday, the staff received the next month's sales tax report which also indicated an increase. He said there is a memorandum in the Council's packet characterizing the extent to which this information has impacted the overaLl budgets. He said this information shows a 4.38 percent increase in the sales tax revenue that is already banked. He said the city based the budget on a $2,513,118 estimate, the total revenue for fiscal 1989 -90 is $2,546,230 or a difference of $33,112. Following last week's discussion about the decision packages it did consider, some Councilmembers expressed concerns about items that did not receive funding at the same level as Last year. He suggested this $33,112 could be in the mid -year carry forward, or if the council chooses to allocate those additional funds at this time, the next four priority items for consideration are: The parks seasonal employee to budgeted part -time, $6,002; ' The intern, P.C. Operations, $10,000; The Library -- additional and replacement equipment, $6,345; and The Library books- -total request $25,000 -- 510,765 He said this would total 833,112, and could be forded based on the Council's deliberations of last week. He suggested if this is done, in order not to change all of the ordinance numbers, the Council could do that CITY COUNCIL MEETING Of SEPTEMBER 18, 1990 BOOK "0" 200 of the reserve for future allocation, and then the reserve for future allocation will be reimbursed at next quarterly budget adjustment from the carry forward, which will amount to at least $33,112. He said Council can then consider this ordinance as it is presented and the additional decision packages rate and apart from it. Councilmember Green made the motion to fund, from the reserve for future allocation [which wit[ be Councilmember Green said, in response to Mr. Jack Spence's comments, that he would generally agree ith some of his comments that not only does the Council need to be concerned at the national level, but ertainly at state and Local levels with regard to how it spends its money. He said over the past number of ears, it is true that the City has increased its expenditures, some or most of which he felt were ustifiable because the city did need to do a considerable amount of work concerning infrastructure in this ity and that is where most of that increase in funds has gone. It is true, he said, that most of the ncreases were funded from sales tax and that is exactly what the Council intended to do. over the last few ears, he said, the CounciL did, in fact, try to convert an increasing amount of the city's revenues to come rom sales taxes because, in a city like Huntsville, where there is so much tax exempt property, the Council elt this was a way of spreading the tax burden out among those who ordinarily would not be included in the roperty tax base. He said the council chose to reduce the property tax base and increase the sales tax; a onsiderable increase in the City's revenues has come from sales tax. He said he personally has always been ' oncerned that the size of government be limited in every way possible, particularly in social type rograms, etc., but felt that at the local level, the Council's foremost responsibility is in terms of roviding water, streets, sewer, public defense [police and fire protection], etc., and if one will look istorically where the budget has gone, this is in fact the thrust of what the CounciL is doing. He said he Council has had some programs that are community oriented programs that are a little different, but the hrust of the Council's programs have been the infrastructure and correcting a Lot of things that probably hould have been done earlier. He said he strongly favors adoption of this particular budget because he eels it continues the programs the Council started several years ago which have continued to make untsville a better place to Live. Councilmember Carter said he appreciates Mr. Spence's comments about expenditures. Councilmember �rter said he is considered a liberal by a lot of people but over the last ten years, government in this �untry has turned him into believing in government waste and fraud, and he doesn't mean on the local level, it primarily on the national Level. He said he disagrees with Councilmember Green on what he might have �vernment do, rather than one of the things he listed, he might spend it on some social programs. In dition, he finds that utilities, in a sense, are social programs in that they are subsidies for certain opLe -- developers, neighborhoods, and property owners of various types- -and so he doesn't really make a stinction. He said basically when government spends money, it probably benefits one set of people at the pense of another, whether it is utilities, national defense, social welfare, or any program one can name. said he is a little bit disturbed by the process the Council goes through in budgeting in the city and he �s been for some years. Partly he is to blame, he said, and he will acknowledge that. He said he proposes change in the process and has talked to some members of Council about this informally, but would like to oach it now and at least start some discussion. He said he would like to see the Council go to some form a sunset Law in the City in which, over some time whether it be five or ten years, he was not concerned, it every year, the City should identify some component of the city government and review it in great detail ' er the year, not in two weeks or three weeks and not in a comprehensive look, but a focused, detailed ok. He said the component should defend itself; the burden of proof should be on the component of city vernment to show the Council why it should continue in existence, not that the Council has to prove that shouldn't. He said it should work exactly the same way that the sunset law works at the state Level- He ought that would give the Council a chance to Learn more about what the city is doing. He said he has CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "0" 201 had some concern about pick -up trucks and he still has those concerns. He said he appreciates Boyd Wilder, Director of Public Works for giving the Council a breakdown of what he does with some 23 pick-up trucks in his department. But overall, he said, he still has questions about the number of pick -up trucks the city owns. He said unless the Council does something Like this, he feels the city will continue to possibly spend some money that is unnecessarily spent. He said he is asking the Council to consider a change in the budgeting procedures in the direction of some type of sunset Legislation at the local level that would allow the Council to take a detailed look at the budget over a long period of time, different components, different years, and then have them justify their existence to the Council. He said maybe the Council can make some adjustments and save the taxpayers some money. He said even though that is not his primary concern, maybe the Council can spend the money better. Councilmember Barrett made the motion to adopt Ordinance No. 90 -19 adopting the fiscal Year 1990 -91 budget and Councilmember Green seconded the motion All were in favor and the motion passed unanimously. CONSIDER TAX RATE ORDINANCE Consider Ordinance No. 90 -20 establishing the ad valorem tax rate at 38.44 cents per 8100 of assessed valuation Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as foLLows: ORDINANCE NO. 90-20 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF Mr. Pipes said the city's evaluation continues to decrease from a high of just over 5400,000,000 three years ago to $378,000,000 today - -a substantial deterioration. He said to be able to maintain the 38.44 cent tax rate with the loss of value is quite a considerable accomplishment in itself. He said this is the third year for the 38.44 cent tax rate, which was a reduction of the 52.5 cent tax rate in the previous year by the amount of sales tax increase. He said this reduction took place in 1988 to reduce it to 38.55 from 52.5. He said it had been 52 cents since 1983. He said the City's budget, in terms of the property tax net, has continued to hold a very tight Line on the expenditures. He said even though some of the expenditures have changed over that period of time, the Council's approach to ad valorem or property tax control /limitation has been extremely long stream. He said the 38.44 cent tax rate follows the Council's direction on June 28 in the prebudget discussions held at that time. Councilmember Bell felt that the fact that the tax rate has either been constant or Lower so far as ad valorem rates are concerned since 1982 is a fairly remarkable record considering what has happened in California, Massachusetts, etc. Councilmember Gaines made the motion to adopt Ordinance No 90 -20 and Councilmember Howard seconded the motion. All were in favor and the Ration Passed unanimously. Mayor Monday advised Conroe's proposed tax rate is 59.8 cents; Bryan's is 56 cents; Nacogdoches is 63 cents and Madisonville is 69 cents; Huntsville's rate looks quite good compared to its neighbors. She camanded the Council and the staff for holding the Line on ad valorem taxes. Councilmember Bell noted in oast of the cases the Mayor just cited, those rates represent tax increases from Last year. Councilmember Barrett said the Council and staff work hard to keep the taxes low and not to even taken the effective rate, which the City could have very easily taken, is commendable. He said it is realized that the school tax has gone up a lot but the city has tried to hold ad valorem down for property owners. Mayor Monday said the city has the lowest tax rate in the county. Councilmember Barrett congratulated everyone for holding the line on taxes. CONSIDER UTILITY RATE ORDINANCE Consider Ordinance No. 90 -21 amending the utility rate ordinance to adjust certain tap fees for utility service Mr. Gene Pipes, City Manager, advised this is the staff's annual review of the costs related to tap fees based on its past year's experience. He said the staff recommends two changes, as follows: CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "0" 202 Description Current Fee Proposed Fee 3/4 inch water tap $225.00 $250.00 4 inch sewer tap 8220.00 8250.00 Councilmember Green made the motion to approve of the two tap fee increases proposed above and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Mayor Monday advised these are the only utility related rate increases being approved this evening. She said the basic water and sewer rates will remain the same. She said the City has held these rates since 1984; five straight years of holding the water and sewer rates is also a commendation to the Council and staff. CONSIDER ORDINANCE AMENDING INVESTMENT POLICY Consider Ordinance No. 90 -22 amending the investment Policy to maximize the earnings of reserve funds Councilmember Green, Chairman of the Finance Committee, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 90 -22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS POLICIES FOR INVESTMENTS TO PERMIT ITS CITY MANAGER AND FINANCE DIRECTOR TO INVEST UP TO 75% OF THE FUNDS IN CERTAIN INTERLOCAL GOVERNMENT FUNDS; AND MAKING OTHER PROVISIONS RELATED THERETO Councilmember Green advised that the Finance Committee reviewed the investment policy and is now recommending adoption of Ordinance No. 90 -22 which essentially outlines what the Finance Director and City Manager can do with regard to what types of investments and in what percentages they can invest them. He said it is not significantly different from Last year. CounciLmember Green then made the motion to adopt Ordinance No. 90 -22 and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimous) CONSIDER CITY'S DEPOSITORY BID Consider the recommendations of the Finance Committee . to award the bid of the Citv's deDOSitory to First National Bank of Huntsville and to approve of an annuaL contract for banking services Councilmember Green advised the Finance Committee received two bids last Tuesday, one from First National Bank and one from NCNB. He said it is the Finance Committee's opinion that the best bid received was from First National Bank, the city's current depository. CounciLmember Green then made the motion that the city extend its current depository agreement with First National Bank and CounciLmember Howard seconded the motion. All were in favor and the nation passed unanimously. CONSIDER GRANT FOR THE ARTS Consider a grant from the Texas Commission on the Arts in the amount of $4,175 and authorize the Citv Manager to execute the contract Mr. Gene Pipes, City Manager, advised these are funds in addition to what the City had set aside for the arts programs through the one cent of the four cent hotel -motel taxes, which wouLd increase that amount for distribution to the contract agencies and give the Arts Commission more latitude in funding those projects. He said this appLication dates back to the early spring when the Council authorized the application. He said he is pleased to have this positive response on behalf of the Texas Commission on the Arts. Councilmember Gaines made the motion to approve of this grant of S4,175 from the Texas Commission on the Arts and Councilmember Barrett seconded the motion. Ali were in favor and the motion oassed unanimous) CONSIDER CONSERVATION EASEMENTS Consider acceptance of conservation easements for facade restoration and paintings Mr. Pipes presented the facade easement, the qualification for the contractor doing the work, the contract itself for the contractor to do the work and the executed agreement. He said the architectural L 1 L� CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "U" 203 easement is a standard form. He said a question was raised by Mr. Smither as to whether the insurance responsibility for the artwork itself would be the responsibility of the building owner or the city. He said at the present time, this easement and the contracts require that the building owner maintain standard insurance- -Liabi Lity and comprehensive insurance - -just as one would expect any businessman to maintain. He said the insurance on the murals wiLL be the city's responsibility. He said the city had a quote today of 9 1/2 cents per $100 valuation or slightly over $1,000 to insure the artwork once it is in place. He said it is not expected to be the responsibility of the individual buiLding owners to maintain insurance on the art work, but it would be hard to separate the artwork from the building if the building were damaged, so it would be a combination of insurance that would ultimately be the coverage on it. He said while insurance requirements are stipulated, it is expected that the building owner would maintain commonly available insurance; the insurance on the artwork itself will be borne by the city as an additional expense. Councilmember Green asked if insurance is an annual fee and would it be expected for the life of the painting. City Attorney Bounds said it is an annual fee and the city may not schedule it because, at the present time, the city does not insure the other murals it has. He said if they are damaged, the city may or may not choose to make repairs. Councilmemmber Green noted then the city is self insured. City Attorney Bounds said the city is not proposing that the city insure the artwork, but if the council would Like the artwork insured, it would be the city's responsibility to do so. CounciLmember Knotts referred to the amount the city was given on maintenance costs from the artists to redo any of the artwork, noting the insurance would be a minimum amount anyway as it would pay very little on the cost to restore it and he didn't think it would be worth carrying. CounciLmember Howard made the motion to approve the conservation easements for the facade restoration and CounciLmember Gaines seconded the motion All were in favor and the motion passed unanimously. ' CONSIDER EMS MONTHLY CONTRIBUTIONS FROM CITY COUNTY HOSPITAL Consider amnendnents to the interlocal governmental contract for Emergency Medical Services to provide for monthly contributions from each member agency equal to one - twelfth of the annual approved budget as recommended by the EMS Board Mr. Gene Pipes, City Manager, advised the EMS Board has determined it would be advisable to encumber the fords reserved for this year, the unexpended funds, and couple them with the money budgeted, roughly half the cost of the replacement ambulance. He said the ambulance being replaced is over 10 years old and is of some great concern to the Board and the EMS staff for replacement because of its age and condition. He said the Board has proposed to budget that and in the process, to make the change or amendment to the interlocal agreement, to provide for twelve equal month Ly payments of the budgeted amount so that the cash flow problems and the purchase of equipment such as this can be done through a more standardized budgetary process. He noted the county and hospital representatives have concurred in this determination. He said prior to this the monthly payments have been on an expense as incurred basis and fluctuated monthly depending on how things feLL in the budget year, when the expenses were made, etc. and it also caused an extremely difficult time in planning and budgeting for the replacement of equipment, such as this ambulance. He said there are three ambulance vehicles in service and two others that are on out -post duty at New NaverLy and at Riverside [Carolina Cove] but neither of those are first response ambulances. He said this ambulance does need to be replaced because it is ten years old. He said the Board does not have the authority to enter into financing arrangements and it is difficult to spread that financing between the three governmentaL agencies. CounciLmember Barrett made the motion to approve of this amendment to provide for monthly contributions in the interlocal contract and Councilmmember Gaines seconded the motion All were in favor and the motion Passed unanimously. CONSIDER UTILITY EXTENSION Consider a utility extension request for Doris Merchant on North Park at Mary Street in the amount of $1,437.00 with the city's share of $718.50 to be paid from the utility fund reserve Mr. Pipes, City Manager, advised the city council discussed in the budget meetings the fact that the city did not have a single utility extension request all year, and therefore, based next year's budget on that fact. He recommended, if approved, that the city's share of this expense be funded from the reserve CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "C" 204 for future allocation in the utilities fund. Councilmember Howard made the motion to approve of this utility extension request, as outlined above- and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT- -GENE PIPES Review of contract for mural work Mr. Pipes presented the details of the type of work and the expenses that will be incurred on the murals. He said the Meadows Foundation money was to be based on the contract with American Illusions to do the work, with the expense to the city based on contract completion prior to any given month, but hopefully by October 1. He said this information was recently provided and the staff wanted the Council to see the outline of work and consider authorizing the execution of the contract in concert with the consideration of the acceptance of the conservation easements for facade restoration and paintings. He said than the city I, can receive the money from the Meadows Foundation by October 1 and begin earning interest on $140,000. He said while this has been discussed in great detail, the city does not have the final form of the contract, however, Mr. Bounds should have that completed by the end of the week. He said with the Council's authorization, he will execute the contract on that basis and provide the necessary information to the Meadows Foundation so that the money can be sent to Huntsville. Councilmember Howard made the motion to authorize the City Manager to execute this contract for the mural work and Councilmember Barrett seconded the motion. Discussion: Councilmember Knotts asked why the amount of money was $140,000 instead of $150,000. Mr. Pipes said the scope of the work had been reduced by one project. Councilmember Carter asked about the statement that said: "Any changes or alternations in the scope or work outlined in the current contract will increase or decrease . . He said he assumes the city is not expecting any increases in the amount of work and that this is just a provision in case it happens. He asked if the city is opening itself up because of this statement. Mr. Pipes noted that could be read both ways as it could be reduced if another building owner drops out; than instead of $140,000, it may be $120,000, etc. Councilmember Knotts said he didn't realize the city had negotiated the number of buildings with the Meadows Foundation. Mr. Pipes said the city didn't because they were just talking about a gross amount, but the amount was based on the number of buildings where the owners had made a general commitment at the time of the application. Councilmember Knotts noted he didn't know there were any firm commitments. Mr. Pipes said until we get the architectural easements signed, frankly, we don't have firm commitments. Councilmember Knotts noted again that he didn't realize the $150,000 was contingent on x number of buildings. Councilmember Carter asked if Mr. Richard Haas could increase the amount of work. He said he just wants to find out where the city stands concerning this provision. He said the way he reads it, if the scope of the work is altered, the city is responsible for taking up the additional costs. He asked what kind of decision making mechanism there is for increases in the work to occur. Mr. Pipes said the scope of work would be if another building owner came forward, the city could not automatically increase it without the Council's concurrence in that type of increase, but obviously, American Illusions isn't going to want to add another building without being paid and that is the sense of that provision. Councilmember Carter then referred to the statement: "Due to the nature of the work, location and time of the year, time loss due to excessive or unusual weather conditions, will be billed at the rate of $5,000 per week or $1,000 per day. He asked if we are going to be willing, if they lose time because of weather, to pay additional money for their effort. Mr. Pipes said if and when time loss exceeds two weeks, or ten working days cumulatively, there is always a budgeted expectation that we are going to have some rain -outs and some difficult days, but if the city is responsible or if in fact, the days cumulatively, over the period of the time exceed ten days, then the city is subject to those charges, but it would also have to be justified. Upon a vote on the motion on the floor- all were in favor and the motion passed unanimously. Consider bus station -taxi service problem revisited Mr. Pipes, City Manager, said the city has been reconsidering the problems of the taxi service related to the Huntsville Bus Station. He said just about the time everything is established and adjusted, CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "g" 205 another problem occurs. He said last time this matter was discussed, the city approached the Council with a proposal to provide a traditional taxi -stand type arrangement such as exists at airports, bus stations all over the country, in which a couple of vehicles would stand queued up ready to receive passengers and the rest of them would be located off -site or out of the area and be brought up as need be to fill the vacated spots that happen by use. He said he has recently considered that two parking places across the street from the bus station could easily be provided for this purpose and that the three parking places directly in front of the bus station could be reserved only for Loading and unloading of passengers brought there in private vehicles or in taxis; simply to load up and move out, no Longer than 10 minute standing period. He said the purpose for this is that the city has a number of contract ride vehicles now operating in the area and there is a tremendous competition for the three spaces closest to the front door of the bus station. He said there have been some assaults and numerous arguments /debates. He said the merchants, the two pawn shop owners, the bus station operators and other people in the area are fed up with the whole thing. Before we draft an ordinance for Council consideration, the staff wanted to make the Council aware of the situation and Listen eagerly to any other possible solution the Council may have, he said. The only alternative the city has actually not implemented is a standing taxi -stand and a Limited time loading and unloading for vehicles in front of the bus station, he said, and then offered this for the Counci L's consideration. Councilmember Bell asked if the contract vehicles, specifically, the vans, have access to the taxi stand. Mr. Pipes said the taxi -stand would be limited to those vehicles with actual taximeters for local transport. Councilmember Bell noted then vans do not have that. Mayor Monday noted some of the vans do have taximeters. Mr. Pipes said some of the vans are, in fact, licensed as a taxicab. He said the city has a number of vans all of a sudden that can either function as Local transportation vehicles or long range transportation vehicles. He said there are a number of vehicles now that are in the process of being ' converted- -some six or eight taxis by one company that formerly had two or three. He said there is a tremendous proliferation of the problem and a keen competition for the prime position on the street. Obviously, he said, the city's concern is for local transportation needs -- people riding to the bus station who need to arrive at some Location in Huntsville or someone that needs to be picked up at home to go to the bus station. He said the city is not at all concerned how the inmates released from TDC get out of town. He said the city is not obligated to provide a queue up spot on the city street for the purpose of contract transportation. He said this is where we are and this is the nature of the problem, noting the city's big responsibility is local transportation needs and maintaining the peace on the streets of Huntsville, which has been very difficult lately. CounciLmember Bell asked where the vans will park. He said after visiting with the bus station officials and the local taxicab operator, he wondered what will happen to those vans, because they are very aggressive. Mayor Monday said the only place they can go is in public Parking slots. Mayor Monday also asked what will be the consequences of what is being proposed. Mr. Pipes said the two hour public parking is free and open to anyone, but it is down from the bus station if the city Limits those spaces directly in front of the bus station. He said this is not particularly good news for the merchants in close proximity to the bus station, but many of those parking places are occupied by the people that are doing business and working in those stores and operations. He said he expects they would queue up farther back towards the Walls Unit rather than down the street to the west. He said if the inmates get to the bus station, the opportunity is lost. He said there is no solution that does not have some ripple effect on the overall circumstance. He said there is not a single way except to leave it exactly Like it is and perhaps have sanctions against the periodic disputes. Councilmember Gaines asked approximately how many vehicles we are discussing. Mayor Monday suggested eight, which usually clear in about 15 to 20 minutes. Councilmember Knotts asked if the vans are aLL licensed within the city. Mr. Pipes said they are not. Councilmember Knotts felt the city's concern should be the city taxicabs. He said when Ms. Margie Allen came to the Council, he was in favor of the taxi - stand. He felt the city should provide the parking for two taxi-stands. Councilmember Green said if we do that, where do the vans go; we can't stop them from being here. Councilmember Knotts said that is up to them; they just don't have reserve parking spaces. Councilmember Green said it is up to them but it has CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "0" 206 effects on other people. Councilmember Knotts felt if they try to encroach on the taxi- stands, then they are violating an ordinance. Councilmember Green said he didn't feel this was the problem as if they are not encroaching on a taxi- stand, they are encroaching somewhere else. Councilmemloer Knotts feLt that happens !� every day on every street or anywhere we go. Councilmember Carter said he didn't know what a taxicab permit I: costs or what a meter costs, but if it is not that expensive, then we'll see all the vans getting a taxicab permit and installing meters. CounciLmember Knotts suggested Licensing aLl of them and then they'd just have to get in Line. Mayor Monday noted then we'd have all of them trying to get in those two places. Mr. Pipes said that would be the point in having a queuing up area as the next in line would go to the 1 taxi -stand and the next ones would wait out there until their time came. He said at Least we would have some order. He said there is no convenient place to pool from either. Mayor Monday suggested across the !! street from the bus station we have 5 -6 head -in parking spaces where the city proposes to mark two off for taxis. She said obviousLy, the vans are going to be on each side of them and she is then not quite sure what we have done. City Manager Pipes said we can leave it Like it is, but he just wanted to make the Council aware of the circumstances. Councilmember Knotts said the possibility now is that the taxicabs do not have a place to park. Mr. Pipes said that is correct. Mr. Knotts said since they are Licensed by the city, he would think the city should provide them a place to park. Mayor Monday said she thinks this would just push the vans further up into the commercial district and if that happens, we haven't accomplished anything. Mr. Bounds suggested making the taxicab stands parallel parking. Councilmember Gaines said the queuing up system is basically an "honor systemV and we'll have a problem with that. Councilmember Bell suggested queuing to the east back towards the walls Unit on the north side of the street. Mr. Pipes said this can be done, but the last guy in queue has the greatest access to the oncoming trade. Mr. Pipes said there is not , an easy or simpLe solution, but at the same time the circumstances have degenerated again to the point that he felt obligated to make the Council aware of it and the proposal is the only alternative the city hasn't yet tried. He said other than that the city can Leave it Like it is and Let everyone tough it out. Councilmember Bell felt the city cannot Leave it Like it is, because in his judgment, it is becoming pandemonium. Councilmember Knotts finally suggested letting the free market take care of it - -the survival of the fittest. Mayor Monday asked the Council to think about this for a week and it will be considered again next time. Texas Supreme Court ruling concerning t GSU River Bend re- Litigation issue Mr. Gene Pipes, City Manager, advised the article in the HuntsviLLe Item encapsulated the circumstances of the situation. He said the city has been in this process of Litigation for a long time now and is pleased as far as the action of the Texas Supreme Court finding that the original award by the PUC was the prudent expenses incurred in the plant and that the ratepayers would not have to be subject to the additional cost overruns that they incurred at that time and not justified initially under the PUC process. He said there was an indication that there was a possibility that the company might appeal to the U.S. Supreme Court, having not prevailed in the Texas Supreme Court, but we will see how that comes out later. HISD Superintendent's request for crosswalk on Old Colony Road Mr. Pipes presented a request form Mr. Dale Dixon, HISD Superintendent, for the city to paint a crosswalk on OLd Colony Road so that the school can assign a crossing guard to that specific Location to assist the Scott Johnson Elementary School students in safely crossing the street. Mr. Pipes advised he and Mr. Bounds, City Attorney, have reviewed this and find that the onLy appropriate uniform traffic code application is at a controlled intersection; the only area safe for such a crosswalk. He said the onLy place to put such a crosswalk would be at a three way stop sign configuration at El Road and Old Colony Road, which is at the parking lot of the Scott Johnson Elementary School. He said this would add a new stop ' sign on Old Colony Road. He said there was a request from HuntsviLLe Junior High a couple years ago to put a stop sign in the middle of the block by Louis Davis Gym and there wasn't even an intersection there. He said this is a far more appropriate location for a stop intersection, especiaLLy in consideration of the school operation. He said he is comfortable with the establishment of a crosswalk as the HISD has requested, under the caveat that the city also make a stop intersection at the Old Colony Road at EL Road CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "0" 207 intersection. He said this will bring it into full conformance. Mr. Pipes said the only other alternative is to have a traffic engineers study done and he didn't feel the expense and time of that would be appropriate for this particular situation. Mayor Monday noted she sees a consensus this evening for the City Manager to proceed with this recommendation. Councilmwmmiber Knotts said he feels this would be fine and is glad to see that the request is from the HISD Superintendent, Mr. Dixon. He said he has had a little backlash from the Stewart Elementary School misunderstanding and the fact that Mr. Dixon didn't actually request that traffic control change. Mr. Pipes said the city will have all such requests in writing in the future and that was a promise. Parents Day at the University Mayor Monday said she also had the opportunity to greet parents Saturday at the University. She said it was a very good turn out for the University and it was fun to be there. Lt. Governor Hobby's Visit Mayor Monday said she also had the opportunity to welcome visiting Lt. Governor Hobby. She said the University did a marvelous job in recognizing him for his contributions to higher education. LULAC's Political Rally Mayor Monday said she also attended LULAC's political rally. She noted they had a good representation by a number of local and state representatives for elective office. She felt it was a fine idea and a good opportunity for everyone to meet the candidates. COUNCIL ACTION Investment Policy Councilmember Green said he overlooked one minor alteration in the investment policy of which he intended to advise the Council when it was considered earlier this evening. He said in Section VI, Purchase Procedures, C. "Investments shall not exceed more than 20% of the capitalization of the financial institution." He said '-other than the main depository" should be added to the end of this sentence. Mr. Scott Bounds, City Attorney, noted this addition will be made. MAYOR'S ACTIVITY REPORT--JANE MONDAY Community Meeting at Martin Luther King Neighborhood Center Mayor Monday noted a number of concerns were expressed about the drug problem and the need for the neighborhood to organize and activate to try to get rid of the problem there. She felt it was an excellent meeting with good input from the citizens as well as from the Sheriff and the Chief of Police. She said the Council can be very proud of their Chief of Police because he did an excellent job that evening and handled a number of questions. She noted she was able to met the second police dog, who was very well behaved and was evidently being very effective there. She said this was followed the next evening by the drug raid. She said sometimes we just need to stop and thank our policemen but what they do for us. She commended the cooperation that has been formed with the Sheriff's Department and the Police Department and how closely they are working together to try to work with the community to solve the problem. She said she is not going to say we do not have a problem, but we have a good start. She said there are a number of people, including the task force, as well as law enforcement, that are going to work very diligently to see that this is simply the first step and not the last step. She said she feels very good about it and certainly complimentary of the law enforcement agencies, but the people themselves because it is not going to happen ' until they decide to make it happen, and she believes they have decided to make it happen. She said she feels good about these developments. She felt that the city is going to want to support them and that it will have some opportunities because they are going to be coming before the Council with some ideas and needs. She said she is glad they are because the Council will then have an opportunity to interact with them. She said she wants the Council to know this is coming and that they are very interested in turning that neighborhood around. Parents Day at the University Mayor Monday said she also had the opportunity to greet parents Saturday at the University. She said it was a very good turn out for the University and it was fun to be there. Lt. Governor Hobby's Visit Mayor Monday said she also had the opportunity to welcome visiting Lt. Governor Hobby. She said the University did a marvelous job in recognizing him for his contributions to higher education. LULAC's Political Rally Mayor Monday said she also attended LULAC's political rally. She noted they had a good representation by a number of local and state representatives for elective office. She felt it was a fine idea and a good opportunity for everyone to meet the candidates. COUNCIL ACTION Investment Policy Councilmember Green said he overlooked one minor alteration in the investment policy of which he intended to advise the Council when it was considered earlier this evening. He said in Section VI, Purchase Procedures, C. "Investments shall not exceed more than 20% of the capitalization of the financial institution." He said '-other than the main depository" should be added to the end of this sentence. Mr. Scott Bounds, City Attorney, noted this addition will be made. CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "0" 208 Councilmember Bell asked why the crosswalk is gone where it had been between the West Wing and Hance Park Junior High. Mr. Pipes said this was in the middle of the block. He said the West Wing is a prekindergarten program that does not interact with the big school campus, therefore there is no need to cross back and forth. Councilmember Bell said the parents are parking on the east side and crossing in the niddLe of the street. Mr. Pipes said the HISD does a fine job in teaching safety concerns and considerations and then the parents proceed to violate the very tenants that they teach in the classroom during the day. He said unloading children on the opposite side of the street and walking across two lanes Df traffic to access the school, and it not being an intersection, is contrary to most basic pedestrian safety considerations. He said the old J- walking laws may be the only remedy to this situation. He said it is a matter of awareness and appreciation for common sense. Coux:ilmember Carter requested the preparation of an ordinance to be brought before the city council some time in the near future to ban all burning within the city limits of the city. He said the Council then debate it and decide whether they like it or not. He requested some discussion on that at some nt. He said this would mean the city crews would also not burn within the city. He said he would prefer t there not be any burning outside the city as well. Councilmember Carter said he feels guilty about a number of things the Council has done, and while he is not accusing anyone, one of these things is Highway 75 North. He said CounciLmumber Knotts said some time ago that the city does not fight the state over trees because they won't listen to us. He said he is not sure that is true as there have been some people in other cities who are fighting the state over what they are doing; Bastrop is one example. He said he wishes the Council had paid more attention. He said he wasn't on Council when it was decided to expand and widen Highway 75, but he has had comments, not only from his good friend, but from a number of other people, about the trees that are being pushed over. He said lots of people don't understand that activity near the City's Service Center, because we have state Land on the other side of the road that has no trees on it. He asked why the road had to go in the direction of those trees which were then lost. He said he knows pecan and sycamore trees grow fast, but the City does lave a tree policy in the city that saves trees on residential streets and yet it is losing trees with almost every utility and road construction project, especially state highway construction. He said he Dersonally doesn't understand the expansion of Highway 75 to the extent we are doing it, but this was done before he came onto the Council and it is not for him to second guess too much. Councilmember Carter said he would Like to offer, Like the sunset review, a change in process for he future so that maybe we can avoid some of these problems. He said there is an act at the national level aLLed the NEPA - -the National Environmental Policy Act. He said he would like to see the Council enact an EPA - -a Local Environmental Policy Act, so that every time we have a project that requires the expenditure f public money that we not only take economics into account and other factors, but that the city do an nvironmental impact statement so that we know what damage we are going to do to the environment and we ffer alternatives to those actions that might be more benign to the environment. He said he is going to be aLking about this over the next year. He said it may sound, with these two proposals [Sunset Review and EPA], that he is up for re- election, but he is not; and some may say he offers these two things because he s not up for re- election. He said he does want the council to talk about these things as he is very isturbed because of the damages that have been done on Bearkat Boulevard. He said he realizes the city has o do some work and sometimes work disturbs the environment, but he didn't take it into account at all when hat project was approved and he is as guilty as anyone else, he didn't realize the extent to which the ity was going to do that damage. He said he is not blaming anyone else as he is as much to blame as .. nyone. He said he would Like to have this discussion over some length of time to see if the city can begin o take the environment into account in every project, whether it is utilities or city streets, or anything Ise. Councilmember Barrett said one can't blame anyone on City Council, present or past, concerning ighway 75N because either you want the highway like the state wants it, or you don't get the highway. He aid those are the only two choices they give. He said there is definitely a traffic problem out there and CITY COUNCIL MEETING OF SEPTEMBER 18, 1990 BOOK "O" 209 we definitely needed to take the money while the state wanted to build it for us. He said all they do is pass us by and then we'd wait years and years to come back up on their List again. Steve Smith, Channel 11 [Houston] News Anchor Personality Councilmember Barrett said Mr. Steve Smith and his family came up to him in Church Sunday to say it was so nice to see someone they knew. He said this is a positive thing we need to remember about going to Freshman orientation at SHSU, because Mr. Smith has his son here and he had a marvelous weekend in the City of Huntsville at Parents Day at SHSU. Angelina College -- Lufkin - -Write Future for Texas Libraries Councilmenber Gaines said she accompanied 24 other people from Huntsville to Angelina College in Lufkin to help write some future for one of Texas' most valuable resources - -its Libraries. She said Region VIII is starting a process to write some preliminary resolutions that can be taken to the national level in July of 1991. She said it was a very exciting day and Huntsville was represented in more than half of the people there. She said they discussed the area of literacy, productivity and democracy as they relate to our library. She said the next meeting will be October 13 in Houston at which time delegates will be elected who will, in turn, go in January to the state where the resolutions will be finalized and then sent to Washington. She said city staff members Linda Pease, Arts Commission Coordinator and Judy Hunter, Librarian accompanied her. Commendations to Chief Eckhardt Council member Howard commended Chief Eckhardt for the way in which he handled the situation with the ' Large crowd at Martin Luther King Neighborhood Center last week. He said he had several thoughts since that time in looking at the broader community and the responsibility that we have to really look at the drug situation and how important it is going to be in the future for us to reach out with some training so that youngsters, poor or in whatever state, can feel good about themselves as persons. So often, he said, these young people need no training to sell drugs, they don't need anything, they just need to be a seller. After a while, they are in so much trouble, he said, so far over their heads, until they will do almost anything to stay in and a part of that. He said we have to create some means by which we make young men and women feel good - -not make them rich - -just to feel good about their person and to offer them some direction. He said he is thinking very seriously about this along with improving houses, etc. He wondered if we spent money on improving homes, as the City did in the New Addition, whether there should be an ordinance that says a person would go to prison for selling drugs if they live in a house that the city has helped to renovate. He said in the same vein, it is so much cheaper to help people to see their way than to have them as prisoners. He said he is looking at next year when he will be trying to work with someone to help our young people, who are our human resources. He said there is a need in this community for people with know -how to help develop a solution. Media inquiries David Wright, news reporter for KHUN /KSAM, introduced himself as filling in for Allan Williams who has been reassigned to a different beat. Greg Junek, Huntsville Item reporter, asked about the number of conservation easements being approved. Mr. Pipes said there are two easements at the Gibbs Brothers buildings [northwest corner of the Square and the annex next door]; a Gibbs Brothers building housing the Bluebonnet Square; two Smithers' buildings on the north side of the Square; the Ernst building housing the Prison Museum [south side]; the Mitchell building housing "Simply Seconds" in the middle of the block on the north side; and the Smither - Cunningham building on the west side of the square. ADJOURNMENT cti su tt L2� September 18, 1990 ;::;/z DeShaw, City Secretary