MIN CC 11/13/1990CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "Q" 245
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF NOVEMBER, 1990 IN THE CITY HALL COUNCIL
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:15 P.M.
The Council met in a regular session with the following members present:
Jane Monday 0. Eugene Barrett City officers present:
Gary Bell James L. Carter Gene Pipes, City Manager
ILa G. Gaines William B. Green Scott Bounds, City Attorney
William H. Knott &, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary
William L. Hammock
FORMAL MEETING CONVENED
Mayor Monday called the formal meeting to order at 6:00 P.M. and then recessed the meting into an
Executive Session to discuss real estate acquisition matters concerning:
1. Easement for FM 1374;
2. Pinehill Road sanitary sewer project and Watkins /Ryan's Ferry Road sanitary sewer project;
3. Drainage project - -Union Pacific Railroad;
4. 7th Street park property- -3rd Street park property; and
5. Pending litigation: Acker v. City
No other items were discussed and no formal action was taken in this Executive Session. The Executive Session
was concluded at 6:45 P.M.
FORMAL SESSION RECONVENED
Mayor Monday reconvened the formal session at 6:45 P.M. Counci Lmember Howard presented the invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Counci (member Barrett made the motion to approve of the minutes of October 23 1990 and Counci Lmember
Howard seconded the motion. All were in favor and the motion Passed unanimously.
PUBLIC HEARING FOR 20 MPH IN SCHOOL ZONE
Convene a public hearing to receive comments pertaining to Ordinance No 90 -26 establishing a 20 mph school zone
adjacent to Bluebonnet Children's Academy on Old Houston Road Close hearing and consider the ordinance
Mr. Pipes, City Manager, advised that Texas Revised Civil Statutes provides that a city may hold a
public hearing to consider maximum prima facie speed limits on streets and highways adjacent to public and
private elementary and secondary schools. He asked if there were any citizens who were present who would Like
to speak on behalf or opposed to the school zone adjacent to the Bluebonnet Children's Academy on Old Houston
Road. No one was present to speak. Mayor Monday then asked the City Manager for his recommendation. Mr. Pipes
advised a letter was received from Bluebonnet Academy requesting this consideration. He said they do have
classrooms for the elementary grades at that location and there are a number of parents dropping off their
children in the morning and picking them up in the evening. He said this creates a terrific traffic problem
for vehicles and pedestrians as negotiating the traffic is very hazardous. He said the city has, for the last
couple of weeks, posted the 20 mph signs on both sides of Old Houston Road from 30' north of Powell Road to 544'
north of Powell Road between the hours of 7:00 A.M. to 9:00 A.M. and from 3:00 P.M. to 6:00 P.M. on school days
only. He said this seems to have had a very positive effect. He then recommended the permanent installation
of these 20 mph speed limit signs by adoption of this ordinance.
CONSIDER ORDINANCE
Mayor Monday then closed the public hearing and requested the CounciL's consideration of the ordinance, the
caption of which is as follows:
' ORDINANCE NO. 90 -26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING
CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY
ESTABLISHING A 20 MPH SPEED ZONE ADJACENT TO BLUEBONNET CHILDREN'S ACADEMY ON
OLD HOUSTON ROAD; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO;
PROVIDING A PENALTY OF UP TO $200; REQUIRING THE CITY SECRETARY TO PUBLISH
NOTICE AND PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "O" 246
Councilmember Howard made the motion to approve of Ordinance No. 90 -26 and Councilmember Barrett
seconded the motion. Discussion: Councilmember Green asked if blinking lights might be required at this
location. After some discussion, it was noted these are required in high traffic areas or in areas that require
a lot of advance notice of a school zone. He said in this location, there is sufficient advance notice of the
school. All were in favor of the motion on the floor and it passed unanimously.
Consider Ordinance No 90 -27 amending Chapter 12 of the Code of Ordinances establishing no parking zones on both
sides of Avenue 1 between 20th Street and Avenue H
Mr. Pipes advised this is a no- parking zone in the area of Sam Houston State University on Avenue I
from 20th Street to Avenue H, which has been requested by the abutting property owners ESHSUI. He said these
signs have been posted for some time and have been effective. He then recommended approval of this ordinance,
the caption of which is as follows:
ORDINANCE NO. 90 -27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAFER 12, MOTOR ;
VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON BOTH SIDES
OF AVENUE I BETWEEN 20TH STREET AND AVENUE H; PROVIDING A PENALTY OF UP TO $200 A DAY FOR
CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF
Councilmember Barrett made the motion to adopt this ordinance and Councilmember Gaines seconded the motion.
All were in favor and the motion passed unanimously.
Consider ordinance No. 90 -28 amending Chapter 30. "Community Development" of the Code of Ordinances to provide
First Amendment rights protection to the sign ordinance
Mr. Pipes advised the City Attorney has offered this ordinance for consideration to clarify the intent
of the City's sign ordinance to not be in violation of the First Amendment right of free speech. The Ordinance
provides that any sign allowed under this chapter may contain, in lieu of any other copy, any lawful or
commercial message that does not direct attention to a business operated for profit so long as the sign complies
with all other requirements of the Code. He said other ordinances have been attacked successfully recently
based on questions raised. He said this amending ordinance will preempt any consideration of First Amendment
right violations by the sign ordinance.
ORDINANCE NO. 90-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING
CHAPTER 30, COMMUNITY DEVELOPMENT, OF ITS CODE OF ORDINANCES BY ADOPTING A
NEW SECTION 1100.5 PROTECTION OF FIRST AMENDMENT RIGHTS; AND MAKING OTHER
PROVISIONS RELATED THERETO.
Councilmember Bell made the motion to adopt this ordinance and Councilmember Gaines seconded the motion. ALL
were in favor and the motion passed unanimously.
CONSIDER BIDS
Consider Bid No. 91-6 flow measuring device for T.D.C. J. - - DIagnost is Unit to Bradburn & Associates in the amount
of $16.058 to be paid for by the state
Mr. Pipes advised that through an agreement with TDCJ and the City, dated July 26, 1990, the city has
agreed to install a flow measuring device at the TDCJ Diagnostic Unit for the purpose of measuring the
wastewater discharge from the TDCJ Diagnostic Unit Pretreatment Plant into the City's sewer system. He advised
this flow measurement will be for the purpose of billing TDCJ Diagnostic Unit, Walls Unit, and Wynne Unit for ii
sewer service. The installation, he rated, will be paid for by the TDCJ. The bids received ranged in price
from $16,058 to $20,415. He then recommended accepting the low bid of Bradburn & Associates in the amount of
$16,058. He said this is for equipment only and that the equipment will be instaLLed with city Labor. The
Council was advised the original estimate for equipment and installation was $21,000. Councilmember Howard made I',
the motion to approve of this bid as presented and Councilmember Barrett seconded the motion. All were in favor
and the motion passed unanimously.
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK ..0.. 247
CONSIDER QUARTERLY BUDGET REPORT /ADJUSTMENTS /ENCUMBRANCES
adiustments and encumbrances
Mr. Pipes presented the quarterly budget adjustments for the period ended September 30, 1990. He then
presented the encumbrances from FY 1989 -90 noting the FY 90 -91 budget will be increased by the amount of these
encumbrances. He then presented an analysis of all of the budget changes. Councilmember Carter thanked the
staff for the helpful summary. Councilmeaber Gaines made the motion to approve of the budget adiustments and
passed unanimously.
CITY MANAGER'S REPOR7--GENE PIPES
Consider HISD's response to sidewalk project plans
Mr. Pipes said at the Council's request, the staff provided the information to the HISD concerning the
City's estimated $75.000 sidewalk program adjacent to various elementary school campuses and somewhat adjacent
to the Name Park Junior High School campus on 9th Street and Martin Luther King Boulevard. He said HISD
raised two questions, as follows:
` 1) The construction of the sidewalk on the north side of 19th Street from Avenue S to
Normal Park (Gibbs Elementary) will funnel students into a busy intersection which
they will have to cross twice to get to the Little Red schoolhouse. However, there
my be other problems (trees, space, etc.) that would prevent Locating this sidewalk
on the south side of 19th street; and
�j 2) The furthermost extension of the sidewalk at Stewart (from Winding Nay to Powell Road)
' might be eliminated at this time and the allocated funds be used at other more
critical locations such as the Martin Luther King Boulevard project or along Old
II Madisonville Road from the intersection of Old Madisonville Road and 7th Street to
Highway 75N.
Mr. Pipes advised on this date, the HISD began the local collection bus routes in every neighborhood
that the individual schools serve, picking up children that live in close proximity and taking them to school.
He said, however, the value of sidewalks is multiple and not just for school children. He then referred to one
of the HISDIs recommendations to drop a part of the old Madisonville Road sidewalk from Winding Way to Powell
Road and to add it in the area of Samuel Houston Elementary School on Old Madisonville Road, or perhaps lengthen
the sidewalk out Martin Luther King; however, he doubted there is sufficient money to go to the school because
of the distance. He said it was pointed out there is an alternate route for the children to walk well off of
the mein thoroughfare on what used to function as a road and the HISD owns all the property and can easily
access the school without any particular danger from Tat Street. He said that project would be far in excess
of the funds the city has to spend this year.
Councilmeaber Green asked since the Council has made the decision not to build the sidewalk from 1st
Street on to Martin Luther King Boulevard, has HISO addressed the issue as to what they might do with that road.
Mr. Pipes said he has not had any feedback on that. Counci Lmeober Green asked if it would be appropriate for
the City to suggest that road as an alternate, although he is not sure of the condition of this road. He said
there are a lot of children walking down Martin Luther King Boulevard between tat Street and the new school
between 7:30 A.M. and 8:00 A.M. He said some parents are walking with the children, but they are still
sometimes well out into the street. He said he would Like to encourage the usage of that alternate route if
it is passable. Mr. Pipes said he would be happy to contact Mr. Dixon to see if this could be effected, noting
it is available to them, but he did not know the passability of it. Councilmember Green noted it is not
visible. Mr. Pipes said the school children would have to be told that they need to walk that way and they may
have to be shown once or twice to assure them that this is an acceptable alternative. He said the school is
' not visible from tat street anyway, so either route chosen would be of equal distance, although following the
blacktop is probably the more logical approach. He said he would work this out with Mr. Dixon.
Councilmenber Barrett asked if the city is planning to extend the sidewalk on Old Madisonville Road to
Highway 75 and 7th Street. Mr. Pipes said the city planned to in subsequent years, but the sidewalks on Highway
75 north will not be in -place for approximately a year, so the city didn't feel it would gain anything by
extending it over there now. He said this could be done and this is a matter of approximating where the tie -in
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "0" 248
would be. Councilmember Barrett said there are a Lot of children that have to walk in that street too and urged
the city to do this if it has the money available. Mr. Pipes said the staff will take a Look at this as an
alternate.
Counci Lmeaber Bell felt the HISD -s argument is persuasive concerning placing the sidewalk on the south
side of 19th Street because if it is on the north side, it will funnel students into a busy intersection which
they will have to cross twice to get to Little Red Schoolhouse. He said he observed this area and noted the
children now cross at the corner of Gibbs and then go on the south side of 19th Street and then cross Normal
Park on the south side. He felt the sidewalk should go on the south side because it is a dangerous intersection
to have to cross twice at Normal Park and 19th Street. He noted at least there is a crossing guard one way at
19th Street and Avenue S. He recommended the Council accept the HISD -s suggestion to put the sidewalk on the
south side of 19th Street.
Councilmeober Knotts said he would rather have the sidewalk on the north side because of the park. He
said the Little Red Schoolhouse representative advised that at the present time she only has four children that
she takes across the street. He said because of the driveways to the duplexes on the south side of 19th Street
and the need for fill at the creek area, the north side is the more logical side of the street and it would
enhance the value of the park as well. He recommended keeping the sidewalk on the north side. He said the same
traffic is going to be on 19th street and Normal Park at Avenue S. CounciLmember Bell noted there is a crossing
guard at 19th Street & Avenue S. CounciLmember Knotts said the Little Red Schoolhouse representative acts as
a crossing guard at Normal Park. CounciLmember Bell questioned whether two years from now the Little Red
Schoolhouse would have a representative that would be the crossing guard. Councilmember Knotts said if she is
not there some director would do the same thing.
Councilmevber Carter noted the nursery owner, Mr. Clyde Lavelle, on the corner of 19th and Normal Park ,
was not concerned about which side the sidewalk is built as he does not feel it will interfere with his
property. He said Mr. Lavelle did feel, however, that there is a more dangerous situation at Normal Park and
19th with two crossings than the city would have at the Avenue S intersection. CounciLmember Carter said he
does not have a strong preference, noting we will lose three trees on the north side and do have one serious
substantive problem with the driveways on the south side. He did feel the most dangerous intersection is the
one at Normal park. He said Mr. Lavelle felt the city should ask the HISD to put a crossing guard there if the
sidewalk is going to be established on the north side. He said his only request was for safety and not to rely
on the representatives of the Little Red Schoolhouse because the HISD should have someone there during morning
and evening hours when school children are going back and forth.
Councilmember Green said he too has observed some of the children walking there and they do walk on the
north side of the street as it is row. He felt that we are talking about relative dangers and it might be that
it would be better if they were walking on the south side, but in fact, the city is going to reduce the danger
by putting in a sidewalk so the city is really diminishing the danger. He recommended the north side because
it does fit in conjunction with the park and it won't be in the driveways where there are typically cars parked
blocking the sidewalk, which, in many cases, forces the children to walk in the street because the sidewalk will
be blocked. He recommended the north side, noting the argument for the south side is not very persuasive.
Mayor Monday said the bothersome feature of the south side sidewalk is the cars going in and out in those
driveways. She was afraid a child would be hit and it does not make sense to put the sidewalk there in a traffic
area with driveways. She said she also prefers the north side. CounciLmember Gaines concurred with the Mayor.
Mayor Monday felt there is a consensus that the north side is the preferable location.
Consider Dolicv for sod replacement on utility construction /maintenance Droiects
Mr. Pipes referred to the policy for sod replacement on utility construction or maintenance projects,
as discussed on October 23, 1990, and in the Council's directive to bring back a written policy for sod
replacement in the city owned right -of -way after construction or maintenance of utility lines, as presented by '
Mr. F. Boyd Wilder, as follows:
The City construction crews will save as much existing sod as possible on
each project and put the sod back in place upon completion of the work. This
will require some additional sod as it is impossible to save it all. If the
property owner has placed any "exotic" grasses or anything other than St.
Augustine grass in the right -of -way, the crew will only put back that which
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "0" 249
was saved. Shrubs wiLL be saved if possible but will not be replaced in the
event the shrubs are damaged.
Mr. Pipes advised it is the staff's estimate that the current cost for the sod to be replaced will be $.59 per
square foot, in- place. Mayor Monday asked if there were any suggestions or comments from the Council. There
being none she noted then this will be the city's PoLicv.
Consider a request from Habitat for Humanity to wave Permit fees for their proiect.
Mr. Pipes presented a request from Mr. Stuart Williamson of the Habitat for Humanity, dated October 25,
1990, that all permit fees for the proposed construction of a dwelling at 801 Avenue P be waived. Mr. Michael
Roempke, Building Official, advised plans for the construction of the structure have been reviewed and a
building permit was obtained on October 25, 1990, so the project could be started immediately. He said the cost
of the permit was $81.50, which was based on a valuation cost of $28,000 to build the structure. He rated the
Habitat for Humanity has requested that all remaining permit fees be waived and the building permit fee of
$81.50 be refunded.
Mr. Pipes said the city has had projects such as the Good Shepherd Mission, churches, groups and
organizations that have undertaken very appropriate non-profit efforts, but the city's permit system is set up
only to cover the costs of the city's handling and the services provided in them. He said obviously $81.50 is
not a great deal of money. He said the overriding concern in this matter is that, as Mr. Bounds has indicated,
the city is not empowered to give away city property and cannot void the process of inspection, etc. He said
' since this particular project is a habitat, voiding inspection would be ill - advised, Secondly, he said, the
council would have to amend the ordinance and establish an entire class for those that would be exempted from
these fees. He felt a bigger problem would be where would the Council draw the line, noting it has not waived
' permit fees for the Methodist Church or the Baptist Church Family Life Center Sanctuary projects, and facilities
of various sorts, etc. He said the criteria of what are eLigible for consideration would have to be worked out.
He said the staff's recommendation is that the permit /fee system for buiLding inspection is reasonable and
modest and that the request for waiver of these fees should be respectfully declined. CounciLmesber Carter
noted this is Like historical preservation in that these are activities that should be encouraged, but he was
not sure that the city should set up a category to do this. He hoped that he city can talk to Mr. Williamson
and representatives of other groups and at some time perhaps develop a category such as this. He said as of
tonight, he will concur with the staff's recommendation. Councilmember Hammock agreed with Councilmember
Carter. The council consensus then was that the city should decline to waive these permit fees for the Habitat
for Humanity.
Consider temporary signage in the downtown district and notice of a streetscape /landscape meeting
Mr. Pipes said the businesses on the north side of the Square have had their store front signs removed,
and in some cases, their awnings, etc., and they are suffering from a lack of visibility. He then presented
a request from Linda Pease, Project Coordinator, for a temporary variance or change from Chapter 15, Section
15.3, which restricts use of sidewalks. She advised that in some areas where construction is going on in the
nine -block downtown area, some businesses are not presently able to display their usual signs. She noted this
ycondition will exist for several businesses, until American Lllusion, Inc. has completed its work in the spring
of 1991. Ms. Pease requested a variance to enable an owner or tenant to display a sign on the sidewalk until
approximately July 1, 1991. She then presented a copy of the City of Austin's ordinance which allows controlled
use of free standing signs on sidewalks. Mr. Pipes said the type of sign would be a freestanding sign/low-
prof ite. He said the number of freestanding signs permitted per lot would be "one." Also, he noted the maximum
sign face area of freestanding signs would be one -half square foot per linear foot of frontage not to exceed
200 square feet. He said based on the size of the city's sidewalks, a 200 square foot frontage would make a
{ 10' X 10' sign which would take up almost all the sidewalk. He said there are some limitations, obviously.
Mr Pipes suggested given the duration of the project that those businesses that are adversely affected should
be directed to the Zoning Board of Adjustments for a hardship variance consideration with a time frame limit.
' rather than try to write an ordinance that would permit the on- sidewalk temporary signs He felt there could
be some way to accommodate this situation through the hardship mechanism already existing in the zoning
ordinance in the downtown district There was a consensus on the Council to proceed as recommended by the City
Manager.
CITY COUNCIL MEETING Of NOVEMBER 13, 1990 BOOK "g" 250
Review the history and consider the options concerning transportation providers for persons released from TDCJ-
-City Attorney, Scott Bounds
Mr. Bounds then corrected his April, 1990 opinion concerning the responsible dog owner's case. He said
he opined that the city would not be able to regulate limousines, which are regulated by the Texas Railroad
Commission and are providing transportation services from the Walls Area to areas out of town. He cited that
case: City of Richardson Vs. Responsible Dog Owners on the preemption rule. Since that time, he said, the
Supreme Court reversed the Court of Civil Appeals in that case and generally held that a city has the authority
to adopt an ordinance broader in application and more comprehensive than a state regulatory ordinance and would
not be considered preemptive. He said he and the Mayor, Mr. Pipes and a police department representative met
with the Texas Railroad Commission representative to talk about regulations that might affect limousine or bus
services and how they would view those under the preemption doctrine. He said the Railroad representative
pointed out that in the motor bus transportation act, the act that gives the authority to regulate motor buses,
there is a provision that the act is not intended to limit or deprive cities or towns from exercising any powers
granted to them under the general home rule legislation of 1913. He said since the city is a home rule city,
there is a specific statutory provision that says the city is not preempted from other regulations. He said
given this change, the city can now adopt regulations which would apply both to taxicabs, limousine services,
bus services -- whether they be regulated by the city or by the Railroad Commission, or both- -the city can
basically establish some uniform rules that apply to everyone.
Mr. Bounds then reviewed some of the measures that might be considered by the Council to regulate those
transportation services from the Walls area of people released from TDCJ to Houston, Dallas, San Antonio and
other areas. He outlined matters he contemplated might be helpful, for example:
A lawful ordinance requiring that all transportation providers park their transport vehicles, be they li
Limousines or taxicabs, in a private depot or areas designated by the city on public streets. He said at the ,
present time, transportation vehicles can park in any of the parking spaces in the public area. He said the
city could designate specific loading areas where those vehicles would have to remain parked until they receive
sufficient customers to go to potential destinations. He said another law that might be considered would be
the one that requires that all the transportation providers remain in their vehicles or on private property
while talking to passers -by about their fares. He said it would simply require that they stay in their vehicle
rather than getting out of their vehicles and talking to people on the sidewalk about what their fares would
be to go to a specific location. He said a law requiring that the fares and tariffs for service [especially
since most of the people being provided transportation are going to Dallas, Houston and San Antonio] be posted
in the private depot or loading areas; a law requiring the issuance of a trip ticket by all transportation
service providers stating the destination, the total fare and other appropriate information; a law concerning
the display or consumption of alcohol by transportation providers; and a law limiting the number of
transportation providers, or establishing a rotation system for assigning passengers to transportation
providers.
Mr. Bounds said the Council can explore the mechanics of these measures although he did not know that
any of these measures would resolve the problems that have been discussed in previous meetings, as recorded in
the copies of the city council minutes presented in the packet. He also attached a copy of the rate tariff for
the limousine service that is providing the service now from Houston to various locations so the Council can
see approximately the types of rates currently in effect under the Texas Railroad Commission.
Councilmember Green said he recalls the city could not license the limousines like it could taxicabs
and asked if that is still correct. Mr. Bounds said the city has not traditionally licensed limousines.
Councilmember Green said in relation to how Mr. Bounds was using the term limousine tonight in the definition
of a van, could the city license it. Mr. Bounds said under the Texas Railroad Commission regulations, if the
vehicle is designed for five or more passengers, then it is a limousine that would be subject to the Texas
Railroad Commission regulations if it were accepting a fare to go from the city to another location. He said '
as long as the limousine remains within the corporate limits of one city, it would be subject primarily to city
regulations and not the Texas Railroad Commission regulations. Councilmember Green said then according to Nr.
Bounds' interpretation of the Railroad Commission rules, which do not preempt home rule cities regulations, can
the city now regulate them in the same capacity that the city would regulate a taxicab. Mr. Bounds felt the
city can regulate it the same and that it can regulate any transportation service provider that picks up
passengers in the downtown area or adjacent to the walls area no matter how many passengers the vehicle is
designed to carry.
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "0" 251
Mayor Monday said one of the requests the city has had is that it treat all of the carriers equally and
fairly. Mr. Bounds said with regard to trip tickets, fares, etc. posting of fares, the city has clear
regulatory authority. He suggested limiting the number of service providers. He said because that is something
that the Railroad Commission does and it is a primary function of the Railroad Commission, there may be some
breach or preemptive problems if we go that far. As a general rule, those are the regulations the city would
get into, and, other than limiting the number of people providing the service, it would probably not be subject
to breach.
Councilmember Gaines questioned the law requiring that the fares and tariffs for service be posted;
asking if there is a problem with the fares being charged. Mr. Bounds said this refers to the solicitation
problem. He said they have heard the complaint that there is negotiating and hawking of fares; there is a
passenger who buys a fare from one vendor and is suddenly offered a better deal and then there is a tussle over
who that passenger is going to ride with and then a fight breaks out. He said if everyone knew what the costs
were by way of a posted fare, that might eliminate some of that activity. Mayor Monday said some people are
being given a fare of $20.00 from here to Houston, but where in Houston? She said they are told that even on
the fare to Dallas, sane people are being taken to Corsicana and told that if they want to get into Dallas there
is an additional fee; if there is no posting of a fee, then there is nothing to be complained about. She said
there are a number of complaints about exactly what it includes and where it goes to and exactly what is the
amount. Mr. Bounds said the other fare problem is that they will say you can ride for free to Dallas if you
will get five people paying "x" dollars. Councilmember Gaines noted then this law would resolve those problems.
Mr. Bounds felt potentially it will resolve some of those problems.
Councilmember Barrett asked about the law concerning consumption of alcohol by transportation providers.
Mr. Bounds said generally that should not be permitted . . . noting he needs to look into the alcoholic beverage
' codes some more, but we can license limousines for consumption of alcohol, however, to his knowledge, there are
none licensed in Huntsville. He said there should not be a display or sale of alcohol related to the fares.
Councilmember Barrett questioned the legitimacy of the current activity in that regard. Mr. Bounds said as far
as he knows, he has had complaints that they will occasionally display beer in a vehicle as an enticement to
get fares. Councilmember Knotts felt the city may be interfering with free enterprise; noting it is the
survival of the fittest. Counci [member Bell said they can stop by a liquor store on the way out of town. Mr.
Bounds said it comes down to which things we can regulate and reasonably enforce and those things that we can
regulate and not enforce. Councilmember Bell noted one of the service providers is flooding the area with
taxis. He asked if the city can limit the number of vehicles each service provider can provide. Mr. Bounds
felt the city could do that or limit the type of vehicle they can use to provide out of tam transportation;
or the city can address the quality of the vehicles. Mr. Bounds said we could also limit the number of people
in a vehicle. Mayor Monday said the city will want to think seriously about this before disallowing taxis to
go out of town because there are people who hire taxis to go to Trinity or Crockett.
Councilmember Bell said he is thinking about limiting this whole process to reasonable parameters if
we just had two vehicles from each company involved at any one time. He said right now one taxicab company has
seven vehicles in and around that particular area. He said this is contributing to the problem. Mayor Monday
noted this could be addressed in the queuing -up process. Coucilmember Barrett said sit they have to do is just
get another name and they can put in as many as they want. Councilmember Knotts said the only things the city
can logically do is permit all the vehicles and than put a designated parking place like they do at the bus
station in Houston where they have to get in line and they only have so many designated parking places and when
those are filled up, that's all, and then they come in on a rotation system, first came, first served. He felt
if the city tried to regulate everything else, it would just be getting into a "real can of worms." He said
we could not write enough laws to take care of alt of them. Mayor Monday said she did not think the
transportation providers should be on the streets soliciting. Councilmember Carter felt the city should require
that signs be posted expressing the rates. He felt the rotation system with designated parking, keeping them
in the vehicles so they are not hawking, and than with the posting of fares, most of the conflicts should be
resolved. Councilmember Knotts said they can always alter those fares when they are posted. Councilmember
Carter said at least we won't have them debating at the bus station.
Mayor Monday said Mr. Bounds is particularly interested in the items this Council is interested in
addressing so he can prepare those and bring those back. Mr. Bounds said he will be Sled to incorporate the
Council's comments into his preparations. Councilmember Knotts advised not to was with free enterprise.
Councilmember Barrett said he still needs an answer to his question regarding alcoholic beverages on the street,
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "Q" 252
open to the public. Mr. Bounds said it would not be unLawfuL to have the alcoholic beverage in their
possession, but they should not be selling it. He said there is no law prohibiting possession or consumption
of alcoholic beverages in the vehicles. Councilmember Barrett questioned its inclusion in the fare. Mr. Bounds
said it should not be providing that as a part of selling a ticket. He said he didn't think that is a problem.
Councilmember Carter felt we should perhaps talk with our state representative about this because Texas needs
a law that regulates alcoholic beverages in vehicles. Councilmember Green said whether one gets a first class
seat or a coach, you can purchase alcohol. Councilmember Bell said we need to think seriously about what areas
we would design for a taxi - stand; where will these vehicles line up7 He said he wasn't sure Scott Bounds should
decide that on his own and he wondered if the Council should participate in this determination. Mayor Monday
said it may not be a bad idea to go down and look at that. She said if we are going to allow only five vehicle
to queue up, where are the rest of them going to go; they need a designated area. Councilmember Knotts said
we can give them a ticket for illegal parking. Mayor Monday suggested those interested take a drive around this
area to see where the vehicles might get into a queuing situation.
Consider formal action on any real estate or litigation matter posted and considered in Executive Session
Mr. Pipes advised the Council did review the appraisal reports for the two HUD projects: Watkins /Ryan's
Ferry Road and FM 247. He said the appropriate values have been reviewed. He said the staff recommends that
the Council accept the appraiser's and review appraiser's determinations of market value as was stated and
listed on those two documents and that they establish those amounts as just compensation for easements and
direct the staff to acquire the easements. Councilmember Howard made the nation to give this approval and
Councilmember Hammock seconded the motion. ALL were in favor and the motion passed unanimously.
Consideration of authorization for City manager to acauire drainage prooert
Mr. Pipes then requested authorization to acquire drainage property adjacent to Town Creek between
Avenue d and Bearkat Boulevard from the Union Pacific Railroad in the amount not to exceed $15,000. I
Councilmember BeLL made the motion to grant this approval and Councilmember Barrett seconded the motion. All
were in favor and the motion passed unanimously.
Review report on inspection of the city's underground fuel storage tanks
Mr. Pipes presented a memorandum from Mr. Harold Ramsey, Garage Superintendent, which indicated the
city's underground storage tank Leak detection test was completed on aLL tanks and did meet the test criteria
at this time. It was noted the total cost for these tests was $1,800. Mr. Ramsey advised before the test could
be completed at the airport, sheer - valves had to be installed on the fuel pumps so the field Lines could be
isolated. He noted this work was performed by Trinity Equipment and the cost was $355.95. He said another
$178.22 was spent to replace an o -ring seal on the pulp head and for the replacement of a check valve on one
of the submersible pumps at the airport, which was found to be leaking. The total cost for testing and repairs
was $2,334.17. The Council was then advised the next deadline to be met is December 22, 1990, at which time
leak detectors must be installed on two of the tanks at the airport and on underground storage tanks that have
submersible pumps, however, they are not required on the Service Center's suction pumps. Mr. Ramsey advised
the cost for leak detectors and installation would be approximately $400 for both tanks.
Notice of meeting on downtown streetscape /landscape master plan
Mr. Pipes advised a meeting will be held on November 15, 1990 at 7:00 P.M. in the HEAP /Arts Building
so that participants can meet with architect, Mr. Williams, to complete information he will need as he works
on the first draft of the downtown streetscape /Landscape master plan.
OPEN BURNING QUESTION
Mayor Monday asked Councilmember Carter to present this item. CounciLmember Carter rated while there
is not an ordinance for consideration in the packet concerning banning open burning in the city, there is a
report showing the numbers of burning permits issued by the Fire Department between 1987 and 1990. He said
he would still like for the City to prepare an ordinance for discussion that could be voted upon as to whether ,
the Council thinks there should be an outside burning ban within the city Limits. He said materials set for
burning should have another use found for them rather than turning them into air pollution. He said most of
this material is ground cover that has been scraped away with buLLdozers or other debris from construction
sites, etc. He felt it should not go into the landfill when we have people who can compost it or recycle it
in various ways by reusing the material. He said an ordinance would give people the incentive to push to do
those things. He said he is suggesting that the city ban burning so that people have to find an alternate
disposal method.
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "Q" 253
Mayor Monday asked the Council for their comments as to whether or not to bring this back as an agenda
item. Councilmember Barrett felt it was up to the Council to find an answer to burning these things rather
than putting pressure on the public. He said the city needs to come up with a recycling proposal and tc
implement it and then maybe some of these things would not be occurring. Mayor Monday asked him if he is
interested in banning burning at this time. CounciLmember Barrett said he is not in favor. Councilmember
Hammock said it is going to be expensive for contractors and others to haul debris away, noting it can't all
be chipped and there has to be a place to take it if it is chipped; noting again it would be terribly expensive.
Councilmember Carter said it is going to be expensive also in terns of air pollution; the Clean Air Act, in
terms of requirements that are going to be imposed on the public in the future by both the U. S. Congress and
the State Legislature as they will make it expensive for us to burn some of these materials. He said if we
don't want to do it now, we should at Least be thinking about what we are going to be doing with it at some
point. He said the expense is going to be there one way or another. Councilmember Gaines felt we could be
investigating an alternative at this time although we didn't necessarily have to ban it now. She felt there
will be a lot of us affected by this new Law, lots of businesses, etc. and we really do need to be looking at
some alternatives. Mayor Monday suggested referring this to the recycling study effort
FIXED LIGHTING EQUIPMENT
Consider authorization of funding for fixed lighting system for the Fire Department-- Councilmember Bell
Councilmember Bell advised there has been a recommendation made by the Fire Department that the city
acquire a unit that will provide lighting for accident scenes when the city's emergency vehicles go to vehicular
wrecks. He referred to a memorandum from Mr. Tom Grisham, Assistant Fire Chief, dated October 23, 1990, which
advised that he would recommend a lighting system consistirg of four telescoping light poles on all four corners
of the rescue truck with a single 500 watt quartz light on each pole with a permanently mounted generator. He
also recommended that the generator be at least 5000 watts and 11 hp, so that exact lights could be added at
a later date, if needed, and that all equipment be permanently mounted and ready to use on short notice. He
said the total estimated amount for this unit would be $4,100. Councilmember Bell asked if the vehicle would
be able to get off the road a bit with this lighting if the accident scene is quite a few feet off the side of
the road. Mr. Joe French, Fire Chief, said it would be mounted on the truck in such a way that it has a stand
and it could be taken off the truck and moved and set -up on a stand much like a movie camera, and it would have
a 200 foot cord on it from the electric start generator. Councilmember Set noted it is a bit problematical to
see the emergency crews trying to manipulate pick up trucks and flashlights into position to get sufficient
light to be able to use the jaws of life. He felt this is a necessity on an emergency basis. Councilmember
Bell then made the motion to spend $4.100 to provide the emergency truck with the lighting system to be paid
for from the "reserve for future allocation" and Councilmember Knotts seconded the motion ALL were in favor
and the motion passed unanimously.
MAYOR'S ACTIVITY REPORT- -JANE MONDAY
North Side of Square - -no utility poles in sight
Mayor Monday said if we look at the north side of the Square, we will see that all of the utility poles
are down. She said it really looks outstanding. She requested the permission of the Council for her to write
a letter to express appreciation for the cooperation of the utility companies and all of the individuals that
were involved in this, with a copy to them and their supervisors. She said she is in hopes that this same
progress will occur on the other three sides of the Square. She said the letter wi LL be ready by the next
meeting for aLL of the Council's signatures. Councilmember Carter suggested that once downtown is done that
the city not stop there, but begin working toward having other lines placed underground in other parts of the
city.
_Mayor's Various Activities
Mayor Monday said she participated in the dedication of the Huntsville Elementary School, noting it is
a very well designed, quiet, functional school.
The Mayor advised two classes of third grade students came to City Hall to visit with the City Manager,
Mayor and City Secretary and were taken on a tour of City Hall.
She said proclamations were given to Huntsville MenoriaL Hospital for the Operating Room Nurses Week
and another for the Huntsville High School "Hornet" Band Appreciation Week.
CITY COUNCIL MEETING OF NOVEMBER 13, 1990 BOOK "g" 254
Mayor's Announcement of Retirement
Mayor Monday then made the following statement:
"I would also like to take this opportunity to say that the last six years have been
a real privilege for me to serve as the City of Huntsville's Mayor. But due to some
personal commitments and projects, I will not be seeking re- election and will not be
running for Mayor in January, 1991."
COUNCIL ACTION
Comaendations to Mayor Monde
CounciLmember Barrett expressed his gratitude to the Mayor for the time she has spent serving the City
of Huntsville and how much he has enjoyed working with her. He said they will always remember her as a great
Mayor.
Councilmember Howard congratulated Mayor Monday and joined with the rest of the Council in expressing
his thanks for aLL the time and effort the Mayor has dedicated to pushing projects forward. He said he will
miss her even though he won't be here either. He said he enjoyed very much working with Mayor Monday.
Restoration of Courthouse Fountain
Councilmember Knott& referred to information in the newspaper recently about the County's considerations 11
in restoring the Courthouse Square fountain. He suggested that the City assist in this effort to keep the costs
reasonable i
by providing whatever expertise on city staff [electricians and plumbers] to assist in restoring that �i ,
fountain. He suggested the City contact Mr. Oscar Thorne concerning how the city might assist in that effort. '
MEDIA INQUIRES
i
Mr. Greg Junek, Reporter, Huntsville Item. questioned the generator listed on the memorandum concerning
the emergency Lighting system as to what brand of equipment it would be. Mr. Pipes said there will be
specifications written and bids taken, but the city won't specify a certain brand, however, it will stipulate
certain wattage, amps and ohms, etc.
ADJOURNMENT
Respectfully submitted,
November 13, 1990
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