MIN CC 01/08/1991CITY COUNCIL MEETING OF JANUARY 8, 1991 BOOK "0" 272
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF JANUARY, 1991 IN THE CITY HALL C
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M.
The Council met in a regular session with the following members present:
Jane Monday 0. Eugene Barrett City officers present:
Gary Bell James L. Carter Gene Pipes, City Manager
Its G. Gaines William B. Green Scott Bounds, City Attorney
William H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary
William L. Hamwck
CONVENE AND RECESS TO EXECUTIVE SESSION
Mayor Monday than called the formal session to order. She then recessed the Council into an Executi
Session to discuss real estate acquisition and disposition matters: 7th Street: 27 acres; and Avenue E & 11
Streets. No formal action was necessary as a result of that discussion. No other items were discussed.
CONVENE FOR CITIZEN INPUT /INQUIRY SESSION
Irene Story, operator. Greyhound Bus Station, Huntsville
Ms. Story advised she and her husband, Joe, operate the Greyhound Bus Station. She said she notes
Council has on its agenda a request for support of a Railroad Commission permit. She asked the Council
postpone this action so that the interested parties might address this request in a public hearing.
Mr. J. D. Davis, OK Pawn & Salvage, No. 2
Mr. J. D. Davis asked the Council if they possibly could in the future hold a workshop concerning
"vehicles for hire." He said they have talked about taxi ordinances in the past, but he would like to see th
Council address "vehicles for hire" in a future meeting. Councilmember Barrett asked if this is mainly i ,
regard to inmate transportation. Mr. Davis said it is the center of this matter.
Letter from Brent Justice Via TransCo /Support services
Mayor Monday rated the Council is also in receipt of an undated letter concerning this matter from Mr
Brent Justice, the content of which is reproduced below:
"To The Honorable City Council:
"Please acknowledge my concern on behalf of your endorsement of Margie Allen's, DBA Reliable Cab, applicati
to the Railroad Commission for van service out of Huntsville.
"My company as you may be aware (Via Transco), as well as Greyhound Lines, Inc., have a vested interest in th
matter that would be crucially impaired by the City's endorsement upon such short notice.
"Wherefore we would respectfully request this honorable Council to postpone such endorsement until all parti
may meet with Ms. Allen and discuss her aforementioned request in a more formal manner and thereafter seek Ci
Council endorsement.
"Thank you for your attention in this matter. If you have any question, call me at 713 -591 -8364.
Respectfully,
Brent Justice
Via TransCo /Support Services"
FORMAL SESSION RECONVENED
Mayor Monday than reconvened the formal session. Councilmember and Mayor Pro tem Percy Howard, Jr.
presented the invocation. 11
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Mayor Monday presented the minutes of the December it, 1990 minutes for approval. Counci lmember Barret
in favor and the motion passed unanimously.
CITY COUNCIL MEETING OF JANUARY 8, 1991 BOOK "qm 273
Ms. Margie Allen, Reliable Cab Company to request Council's endorsement of her Texas Railroad Commission
application to provide van service out of HuntsviLLe.
Ms. Allen requested the Council's support in obtaining a Railroad Commission License. She said she has
already submitted an application for a Railroad Commission License in Austin, Texas. She said they suggested
that she seek support from her town and that is why she is here asking the Council for their support.
Mr. Randy Ellisor. Huntsville Cable TV Manager, to notify City Council of a pending rate increase of less than
five percent for cable service effective February 1. 1991.
Mr. Randy Ellisor advised Huntsville Cable TV will implement a 50 cent (4.4 percent rate increase)
effective February 1, 1991. He said as a courtesy to the City Council, he is here to entertain any questions
the Council may have. Councilmember Barrett said he appreciates the Company maintaining the current number
of channels and feels Huntsville is well represented in what it has. He said he also appreciates efforts to
keep the basic rate weLL below Huntsville's neighboring towns as the chart in the agenda packet shows. Mr.
Pipes said no action is needed by the Council because this is, by the franchise agreement, less than the five
percent annually that it may be increased. He said the company is fulfilling the requirements to inform the
Council of any pending rate increase and that is taken care of in this action tonight.
Counci lmember Green advised one of his constituents called him with his concern about the dollar amount
and the biggest concern was with regard to the weather channel. He said his constituent feels there have been
some problems for some time and that the cable TV facilities needed to be upgraded, and that they have not
witnessed any upgrading. Mr. ELLisor said if the problem was in the last two weeks, that is correct, but they
have spent a numerous amount of overtime and brought in additional equipment to put it up in order to get the
Local weather. He said that was implemented around 10:30 A.M. this morning. He said he is hopefuL there are
no other particular problems, but if so, he will be happy to visit with Counc ilmember Green or his particular
constituents about the matter.
Response to Margie ALLen
Mayor Monday advised she assumes her request will come back on a future city council agenda in response
to the request for a workshop and some public discussion of this issue.
Consider a request from Walker County to participate in paving the off -street parking area adiacent to the
Founder's Spring area and the District Attorney's offices at 10th Street and University Avenue
Mr. Pipes presented a letter request from County Judge Frank J. Robinson, dated December 12, 1990
concerning the development of a parking lot at the University Avenue and 10th Street location on a site owned
by Walker County. Judge Robinson advised that the County's plans are to grade and pave this area and develop
it into a parking area for its employees, thereby relieving the parking problem on streets around the
Courthouse. The Judge said on holidays, weekends, and after work hours, the parking lot will also be available
for public parking. Judge Robinson then solicited the assistance of the City in the following areas: 1)
reconstructing the existing curbs, drives and sidewalks within the city's right -of -way; since the elevations,
and other features will be changed, there is a need to realign and upgrade the walks, curbs and drives; and 2)
resurfacing of the parking area with hot mix. Judge Robinson proposed that the county purchase the hot mix and
the city assist in placing the mix with its equipment and forces. The judge felt this assistance would enable
the county to complete the desired addition to the downtown area at an earlier date, rather than having to work
over a period of two or more years.
Mr. Pipes said the County also hopes to develop the Founder's Spring at the site in the middle of the
parking lot. He said what is envisioned is a double tier parking arrangement with parking on both sides of a
central island that would proceed off of 10th Street to the Spring site and there wou Ld be head -in parking to
this 20 foot wide strip of landscape and sidewalk property. He said the balance of the property would be parked
' out to the University Avenue side and to the interior of the block and then another tier of parking adjacent
to the former Collateral Protection Building and then another repeat of the circulation pattern on the south
side of the former CollateraL Protection Building. He said the row of parking adjacent to the Spring will be
maintained for general public access. He said the County intends to number and sign parking places for the
County Courthouse employees at this site and therefore some of the places on this parking Lot will be
restricted. In doing so, he said, they will free up parking places around the Square and in front of
businesses.
CITY COUNCIL MEETING OF JANUARY 8, 1991 BOOK "0 274
Councilmember Barrett seconded the motion. Discussion: Councilmesber Bell pointed out that the City residents
pay county taxes, so in some sense, the city taxpayers would be paying double for a parking lot that would only
partiaLLy benefit the city. He felt it may be more legitimate for the county to pay for this cost themselves
given the fact city residents already pay county taxes. Mr. Pipes said they will be paying for all of the
materials and will be doing all of the site work. He said the county is only asking the city to participate
in the laydown paving asphalt because the city has the equipment and the crew that is already set up to do that.
He said there will be some city expense, but the labor, time and machinery time will be the only expense the
city will have. He felt as a taxpayer and Walker County resident, that it would cost him more to pay the county
to contract for that work to be done. He said as long as the city is working in the area and can work out an
easy schedule, it will be a matter of perhaps one day. Councilmember Barrett felt the city should participate
in this because this project will enhance the sales tax if shoppers have more available parking downtown and
can shop in those businesses which now do not have adequate parking. Mayor Monday said there will be parking
provided there for tourism particularly and it will be designated as public parking and it will Lead directly
up to the Square. She said the county will also be developing the entire Spring site as well as landscaping
the Spring itself, and that is a considerable investment. She said it wilt also be marked with an historical
marker and it is the City's founding spot. She felt it is certainly appropriate for the city to be
participating to this extent.
CounciLmember Bell asked if the county will be taking under its wing aLL of the expenses of developing
the Spring site. Mr. Pipes said on the pLat is a complete list of the project responsibilities and procedures
and they are detailed out totally as a commitment to the project. He said there is not going to be vacillating
on who is responsible for what. Mayor Monday said she is very pleased that the County is taking this step to
help develop this Spring as part of the whole downtown aspect.
CounciLme ber Bell asked about the amount of space that will be left for the Spring. He said he
'
envisions a beautiful green spot where Pleasant Gray first stepped off in Walker County and a parking lot
probably just didn't figure into his original plans. Mayor Monday said it is probably going to be a utilitarian
area with a Spring as an aesthetic asset. Courcilmember Green asked with regard to the numbered parking spots
whether there is a way that those numbered spaces are available for general parking on the weekends and
holidays. Mr. Pipes said signs to that effect are very easy to install as to "office days" being the only time
they would be reserved. Mr. Pipes then presented the plat to further explain visually the configuration of the
area. He said the city will be responsible for putting the curb back up and installing the sidewalk it had
previously agreed to do down to 10th Street. He said the county will add onto the fill area and cover the
drainage structure because the slope now is a rather precipitous drop. He said when this is leveled and the
slab is removed from one side and all other things are done then in the middle of the parking lot on one side
they will take a well shack or in some other manner open up the Spring that is adjacent to where the drainage
structures are under the parking Lot. He said this 201 wide strip and this access wall will be at the grade
and parking service itself and there will be two landscaped accesses. He said the Commissioners are expecting
som sort of gazebo or other type of structural facility over the site or adjacent to the site so it can be
enjoyed. mayor Monday said perhaps a sitting area. Mr. Pipes said that it is perhaps an artisan type Spring
that has some velocity to it so that it may bubble and gurgle and splash and if rat, it will extend out in a
French drain type structure in either direction to collect the water from the Spring as it flows with less force
to make it visible to the public. He said this is the full scope of what he has understood for the majority
of the time. He said it is obviously in the middle of a parking lot but it is a matter of using the av" table
space and this central island down the middle then will become a designated historical /founder /Spring site and
will have public access for viewing that is complimentary to the merchandising that is taking place, the antique
shopping /museum hopping in the downtown area at the present time. He said it will also get the county the type
of parking it needs.
Councilmeaber Knotts asked if the county plans to Leave the box culvert in the ground. Mr. Pipes said
they are. Councilmember Knotts said he thought the purpose of it was to take it out and open up the Spring.
Mr. Pipes said the county could not manage to acquire sufficient parking area. He said the city has discussed
this with the county, but they felt the area that would be required to be exposed would not leave them with
sufficient parking that they could tost•j ustify the project. He said this is the alternative. Councilmember
Knotts said he thought it was the city's intent originally to have an open park with an open Spring and not a
parking lot. Councilmember Barrett noted the city does not own this land. Councilmember Knotts asked if that
was not the agreement when the city agreed to help with this project and was this not part of that agreement.
CITY COUNCIL MEETING OF JANUARY 8, 1991 BOOK "G" 275
- mayor monaay saw the city s participation is as outs nea aoove. sne Baia tm s is the way the county has chosen
to develop this. Councilmenber Knotts said aLL of this was included in the downtown program when the council
discussed it and this was one of the selling points that it would be an open park. Councilmember Carter said
Mr. James Patton of the Walker County Historical Commission has expressed positive sentiments about the plan,
even though he [Carter] agrees with Councilmenber Knotts as he thought originally the city was going to have
more park space than what is now being discussed. Councilmember Carter said Mr. Patton did say there was still
some hesitation about trees. He said at a session with the architect, who is planning at least some of the
Landscaping downtown, he made a very strong point several times that parking lots need trees in them, because
people choose, especially in a hot Texas summer, to park their cars in a place where they are not going to cane
back to them and have difficulties. He said Mr. Patton was a little worried and he is a little worried as he
does not see where trees will be put back into this area. He said other than bushes, he would Like to see some
trees there. Mayor Monday said the trees are put in there but the detailed landscaping plans are not available.
Mayor Monday noted the proposal this evening is for the city's participation with the parking lot and there are
trees written in where they are. Pipes said there are trees in every area except that area right back behind
the gazebo.
Councilmember Bell asked if there were going to be parking spaces in front of the Spring blocking it
off from the street. Mr. Pipes said there will be parking places along both sides of the central corridor.
He described the traffic circulation and that it will go out onto University Avenue and 10th Street with two
laydowns consisting of an interior circulation situation. He said handicap parking places are provided and
there is a crosswalk from the city's brick paver sidewalk to a sidewaLk on 10th Street There will be a
sidewalk picking up from the street right -of -way and going to a four foot walk to the gazebo site from 10th
Street with grass and trees on both sides, he said. Counci[member Bell asked how much is leave -out space around
the Spring, because he felt this really, as Mr. Knotts expressed, betrays the original concept.
' Councilmember Barrett reminded Councilmenber Bell that the original plans discussed by the Council were
based on the thought that the city would be buying the land, but the City did not buy this land, the county
bought it and all they are asking for is some participation. He said the city can't call the shots on this now.
Councilmeober Knotts said this was the county's contribution to the proposed downtown area plans. Mayor Monday
said their contribution was to be the development of the Spring site. Councilmesber Knotts said the county's
participation was to be the purchase of the Land and the city's participation was to be a lot more in other
areas and it was a swap off. CounciLmenber Barrett said the county is freeing up spaces on the Square by doing
this as the county employees can park down at the Spring in an effort to try to help the city. He said he
didn't think it was the Council's place to decide what the city was going to do with the county's property.
Councilmenber Bell disagreed with Councilmanber Barrett's premise as it seemed to him that if the city is going
to participate, it is sanctioning what the county is doing and frankly asphalting the original Spring area
betrays the whole notion of the park idea and the downtown development nation as it [the concept] was sold to
the Council. Counci Lmember Barrett said there are trees down there. Councilmenber Bell said he is not
interested in trees as much as he is in the development of the Spring.
Mayor Monday asked the Council to Look at what we have right now - -we have a concrete slab with a Foster
car wash sign on it and when we get through we are going to have a utilized parking place that will stand for
economic development and tourism and will serve the county. She said for the very first time in Huntsvi LLe,
we will have the Spring site historically marked and will have anaesthetic area around it and it will be opened
upend it will be a tourist attraction. She said that to her is a very costly development. Mayor Monday then
called for a vote on the motion. All were in favor with the exception of Councilmembers Knotts and Bell who
voted opposed. The motion. however, passed by a vote of seven to two.
CONSIDER PURCHASES
Consider bids on Proiect No. 89 -11 -01 Sam Houston University single feed 12 inch water mein to Doughtie Plumbing
in the amount of 89.958.00 to be paid from CIP funds
Mr. Gene Pipes, City Manager, advised three bids were received for this project ranging from $131,948.25
to $146,216.04. He advised funds are budgeted in the amount of $90,000 for this construction. He advised of
the recommendation of Mr. Glenn Isbell, Director of Engineering Design, that the eight inch Line along Avenue
N be eliminated and the project awarded to Doughtie Plurbing in the amount of $89,958.00. He advised Mr. Isbell
feels this will solve the single feed problem at the University and elimination of the old eight inch water Line
through the University campus on Avenue 1 can be addressed at a future date. Councilmember Knotts made the
CITY COUNCIL MEETING OF JANUARY 8, 1991
BOOK "C" 276
Councilmember Barrett seconded the motion. Discussion: Counci[member Carter asked how the Low bidder w
determined with this amendnent of the scope of the project, since the project was not rebid. Mr. Pipes as
the staff simply took the line segments off on all bids at unit price and moved the same footage from each
the bids and deduced that was the low bid and it continued to be the low bid even though, mathematically
least, there is the possibility that one contractor had a higher unit price or a lower unit price on
particular segment and by adjusting that particular line segment it would have given them low bid. He sa
Doughtie was the Low bidder on the original work and on the amount of work that would be needed in order
pursue this one, they remained low bidder. He said the only consideration given on the line segments /proje
to be removed was what would be the least overall effect to the city's circulation system into the Universit
He said the city is trying to resolve the single feed phenomena through the University by making a dual hoo
up. He said the city was just trying to accomplish what it originally set out to accomplish with the lea
damage and reduction in the scope of the project. Councilmember Carter asked if the City Attorney had a
problem with the process used to determine the low bid. Mr. Scott Bounds, City Attorney, said he does not, b
noted there are some Limitations, but if one is low bid under both scenarios . . . Councilmember Carter not
then does he hear him to say it is "alright "? City Attorney Bounds noted it is alright. All were in fav
and the motion Passed unanimously.
Consider the relocation of Elkins Lake sewer Line to be paid for by ELMUD
Mr. Gene Pipes, City Manager, advised two bids were received ranging from $12,204.84 to 413,377 for they
relocation of the sewer Line, Lot 4, Block 1, Section 2 of West lake Shores River Oaks Drive, Elkins Lake. MrI
F. Boyd Wilder, Director of Public Utilities, advised additional costs for engineering, surveying and[
construction staking are $1,802.00; costs for construction inspection will be $600.00, for a total compLeted '
project cost of $14,606.85. Mr. Pipes said letters were sent out today to ELMUD concerning this bid and their)
board met this afternoon and has approved the project; they will pay 414,606.85, which is for the Low bid of,l
Autery Construction Company 1512,204.851, as well as the city's costs for engineering, surveying and[
construction staking. He said since it is a problem for the city rather than general maintenance, the contract[
requires this to be approved formally. CounciLmenber Barrett made the motion to approve of the bid of Auterv]
favor and the motion Passed unanimously.
Consider chip rock for annual sealcoat application from a sole source vendor
Mr. Pipes presented the recommendation of Mr. Johnny Poteete, Director of Public Works, to once again
purchase the black chip seal rock from White Mines as a sole source. Mr. Poteete advised this year, the city
will need some 200 tons of grade 4 and 200 tons of grade 5 chip rock. He said the city has been able to reduce
the cost by approximately $4.60 per ton this year over last year's price by altering the method of delivery.
Mr. Pipes advised the total cost of the needed material should be approximately 510,400 (400 tons at $26.00 per
ton) and he recommended its approval. Councilmember Gaines made the motion to approve of this reconmendati on
and Councilmember Carter seconded the motion.
Discussion: Councilmember Knotts made his annual comment noting he thinks the city is paying double
for this rock and he doesn't understand the reason for it. He said he hates to do anything on a material basis
on a one bid item. He said the city's hot mix Lightens with age; the limestone becomes exposed in it which is
white. He said this rock will stay dark and it is darker than the city's hot mix after a year. He said as far
as the Los Angeles abrasion, he didn't think the city could ever wear a limestone out with the traffic it has
on city streets much less get enough abrasion on a rock Like this. He said the one at East Texas Stone is
almost comparable to it on abrasion tests at probably half this price. Mr. Poteete said the price on the
uncoated limestone that the city is purchasing for the undersea[ rock, when it is doing the streets that it is
going to asphalt overlay, is approximateLy $18.00 per ton, either through Gifford Hill or another supplier; it
is a washed Limestone. Mr. Knotts said that is not a Limestone at East Texas Stone. Mr. Poteete said the rock
he is talking about is a washed limestone that the city uses for an undersea[, is $18.00 per ton and is not
coated with a dust control. Councilmember Knotts said he only sees this in one place in the state that he has
been and it is on Hwy 515 out of Cameron; there is a short strip of it as if it were an experimental. strip.
He said he dislikes buying anything where we have a one source bidder. He said if we are trying to get a black
color, we are not getting black color except for a few months on hot mix. Mr. Poteete said in the past the
CITY COUNCIL MEETING OF JANUARY 8, 1991
BOOK. ..au 277
is the only place we have ever been able to get it. Councilmember Knotts said what we have here we don't
real good retention on it anyway and it looks like it comes up pretty easy. Mr. Poteete said the problem w
that was with the asphalt through Gulf States Asphalt and they refunded the cost of the chip rock last year
several streets and they cost the labor off of it. Councilmember Knotts said he would rather see the city i
a covered stone where the city would have more than one source. Upon a vote on the motion, all were in fay
except Councilmember Knotts who voted opposed The nation however, Passed by a vote of eight to one
CONSIDER TRACKLOADER REPAIRS
authorization to seek bids to replace the equipment
Mr. Gene Pipes, City Manager, said it is a real dilemma for the staff and is difficult for them to
recommend a repair cost of $27,500 with the repair history as Listed below. He said this equipment was a low
bid situation, with John Deere getting the low bid several years ago and Caterpillar, also a bidder, had a
substantially higher purchase price. He said the 855 John Deere Loader is now at Stewart and Stevenson for
major repairs. He advised the top pinion shafts in the final drives are Loose and must be replaced. The brake
disc spines are stripped and the automatic control valves must be resealed, he noted, according to Mr. Harold
Ramey, Garage Superintendent. In addition, he said, both hydraulic motors must be replaced or rebuilt and all
bushings in the lifting arms must be replaced and the eyes in the bucket attachment must be replaced and line -
bored. Mr. Pipes noted the estimate for this repair is 827,500. The Council was advised this machine was
purchased in 1984 and the following parts and sublet costs were incurred on the machine for each year listed:
TOTAL . . . . . . . . $48,524.44 54,176.00
Mr. Pipes said the staff did not budget for a replacement piece of equipment in this particular area in the
sanitation budget. He said $27,500 for the type of work that is being done is not an excessively high cost for
the work, but it is obvious the machine is suffering a great deal from the wear and tear in the landfilt
application, more than reasonably expected for it to be and if we add all those costs together, we could have
already purchased or be very close to purchasing a machine for the parts and maintenance history on it over the
Last several years. Mr. Pipes said the city has to have this machine and it is presently sitting in the shop
awaiting repairs. He recommended replacement of the equipment, but this would require bid time and yet he is
not sure with the expenditure of the 527,500 that we will have any great Life expectancy out of this particular
piece of equipment. He said he is very hesitant to recommend maintenance costs. He said the staff's
recommendation would be to replace it.
Councilmember Green asked what the replacement cost is estimated to be. Mr. Poteete, Director of Public
Works, said it is estimated to be over $150,000. Councilmember Knotts asked how much of the repair work was
done under warranty during the first few years or is this all the city's expense. Mr. Poteete said the first
couple of years, the city had to do rail jobs, undercarriage work, etc, but it was not warranty covered type
work (engine, transmission, final drive, etc.), and the city got into the 1988 timefraw before the city
experienced the final drive problem which is when the housing broke on the final drive. Councilmeober Knotts
' asked if one operator operates this machine all the time. Mr. Poteete said the operator has been limited to
one or two men over this time and that is true on a regular basis. He said this machine does a little more of
the operations because it does have a straight blade in addition to the bucket and it is used on the slope work
on grade outs when the liner is being put in place. He said it is used in a rather rigorous environment.
Councilmember Hammack asked if the transfer case and engine are in pretty good shape. Mr. Poteete said the
engine is in good shape and the final drive was repaired in 1988. Mr. Poteete said Stewart and Stevenson is
the representative now for John Deere as they bought out the former company that handled John Deere repairs.
Year
Parts
Sublet
1984
1985
$ 62.22
S 4,6442.53
'
1986
S 7,407.20
1987
$14,806.16
1988
$19,150.54
1989
5 1,040.70
$1,641.50
1990
5 785.09
52,534.50
TOTAL . . . . . . . . $48,524.44 54,176.00
Mr. Pipes said the staff did not budget for a replacement piece of equipment in this particular area in the
sanitation budget. He said $27,500 for the type of work that is being done is not an excessively high cost for
the work, but it is obvious the machine is suffering a great deal from the wear and tear in the landfilt
application, more than reasonably expected for it to be and if we add all those costs together, we could have
already purchased or be very close to purchasing a machine for the parts and maintenance history on it over the
Last several years. Mr. Pipes said the city has to have this machine and it is presently sitting in the shop
awaiting repairs. He recommended replacement of the equipment, but this would require bid time and yet he is
not sure with the expenditure of the 527,500 that we will have any great Life expectancy out of this particular
piece of equipment. He said he is very hesitant to recommend maintenance costs. He said the staff's
recommendation would be to replace it.
Councilmember Green asked what the replacement cost is estimated to be. Mr. Poteete, Director of Public
Works, said it is estimated to be over $150,000. Councilmember Knotts asked how much of the repair work was
done under warranty during the first few years or is this all the city's expense. Mr. Poteete said the first
couple of years, the city had to do rail jobs, undercarriage work, etc, but it was not warranty covered type
work (engine, transmission, final drive, etc.), and the city got into the 1988 timefraw before the city
experienced the final drive problem which is when the housing broke on the final drive. Councilmeober Knotts
' asked if one operator operates this machine all the time. Mr. Poteete said the operator has been limited to
one or two men over this time and that is true on a regular basis. He said this machine does a little more of
the operations because it does have a straight blade in addition to the bucket and it is used on the slope work
on grade outs when the liner is being put in place. He said it is used in a rather rigorous environment.
Councilmember Hammack asked if the transfer case and engine are in pretty good shape. Mr. Poteete said the
engine is in good shape and the final drive was repaired in 1988. Mr. Poteete said Stewart and Stevenson is
the representative now for John Deere as they bought out the former company that handled John Deere repairs.
CITY COUNCIL MEETING OF JANUARY 8, 1991 BOOK "G" 278
uouncr imemoer aarrett asKep what the rite expectancy is for this piece of equipment. Mr. Poteete said it would
be like the 977 Caterpillar, which is a 1976 model and it is still being operated at the landfill raw; so he
expected this one to last well over ten years and it should be roughly 20 years. CounciLmember Barrett asked
if it is expected, with these repairs, that the city could get another 10 years out of this piece of equipment.
Mr. Poteete said there will be annual costs on this one, or the caterpillar, for rail jobs, etc. Councilmember
Barrett felt it would be silly to spend 527,500 if we have the funds available. Mr. Pipes said there are
reserve funds available in the sanitation fund that could be used to purchase the equipment. He said the city's
tradition has been to use C.O.'s and space it over the average Life of say five years and pay the equipment off
as it is being used. He said he doesn't know that the city has ever had to buy out -of- pocket. Councilmember
Knotts asked what the major items of repair were in 1987 and 1988. Mr. Pipes said it was the transfer case and
final drive in 1988 and in 1987 it was undercarriage IS10,0001, etc. Councilmember Knotts said this machine
should run about anther five years. Councilmember Green made the motion to expand the $27 -500 and Councilmember
Barrett seconded the motion. All were in favor and the motion passed unanimously.
CITY MANAGER'S REPORT - -GENE PIPES
Municipal Court policy and procedures for failure to pay incarceration
Mr. Pipes presented for information a memorandum from Mr. Scott Bounds, City Attorney, which is
reproduced below:
"As a result of the U. S. Supreme Court opinion in Pulliam vs. Allen (1983), 1 have previously
advised the Municipal Court that Class C misdemeanor (fine only) offenders may not be held
in jail prior to trial for failure to post a cash bond under most circumstances. As a result
of my advice, the Municipal Court implemented a policy regarding the arrest and release of
persons charged with Class C misdemeanor offenses. In general, this policy requires that all ,
persons charged with Class C offenses be released within 24 hours of their arrest regardless
of whether or rat they have posted a cash bond or satisfied their debt to the city.
Additionally, the City may rat imprison a defendant after trial simply 'because he is too poor
to pay' his accumulated fines. Ex Parte Miniares. 582 S.N. 2d 105 (Ct. Crim. App.) 1979).
A fine only offense may rat be converted to a jailable offense without additional due process
safeguards.
"Subsequently Judge DeLong implemented a community service program to provide all offenders
a method of discharging their fines. Basically, a person receives a $50.00 credit to a fine
for every eight (8) hours of community service. Since that time, the following groups have
received the benefit of numerous hours of community service work performed through the
Municipal Court's program:
"The Chamber of Commerce (Fair on the Square); Churches; the City of
Huntsville (Administration, Municipal Court, Parks, Personnel and Police
Department); the Good Shepherd Mission; Hospitality House; the Humane
Society; the Lions Club; Nursing Homes; Sam Houston Folk Festival; Sam
Houston State University; the State of Texas (Huntsville State Park);
Y.M.C.A. and Walker County.
"To -date, a community service program has been found for every interested person.
"Despite the Court's willingness to help offender's discharge their fines by a generous payment
program, the acceptance of charge cards, a willingness to reduce fines where appropriate, and
the community service programs, some offenders still refuse to discharge their fines. The City
is therefore beginning a new phase in its enforcement efforts. This year Council has budgeted
money for legal services for persons owing the City fines. The City will begin to arrest
persons who have refused to pay their fines or take advantage of the fine alternatives offered
by the Court. It is the intent of the City Attorney's office to have the Court authorize the
detention of these individuals for a period of time sufficient to satisfy their fine (currently
jail credit is $50.00 per day). This was initiated by the Court's appointment of Dale Duff
to represent several defendants in December. I would expect that individuals failing to comply
with the Court's orders will begin being incarcerated in January. It is my opinion that the
CITY COUNCIL MEETING OF JANUARY 8, 1991
BOOK "0" 279
sufficient safeguards to permit the City to constitutioneLLy jail these individuals for their
fine only offenses. if you desire further information in this matter, please advise."
Counci lmeber Carter asked what the cost of this procedure is going to be, rating the City Attorney says
it is in the budget, but it is a little open ended because we can't predict it. Mr. Bounds said the city has
budgeted $5,000 and will work on the program until it runs out of money and try to develop a track history on
this. Mr. Pipes said the county has spent something in excess of $200,000 a year on indigent counsel. Mr.
Bounds said while the city does not expect to recoup aLL of that money, it should increase its fines and
collection rate. Councilmember Carter asked if we might rim into problems for having a policy for, in a sense,
a system for indigent people and then running out of money. . . Mr. Pipes said he would then be asking the
Council for a reinfusion of funds from the reserve. Councilmember Carter noted then there will not be any
problems. Mr. Pipes said they will not willfully expose the city to any liability.
Consider authorization for the City Manager to act on behalf of the City to make an offer to FDIC on the 7th
Street property: and Consider authorization for the City Manager to act an behalf of the City regarding FDIC
disposition of property at 11th Street and Avenue E.
Mr. Pipes advised as a result of the Executive Session discussions at this time, no formal action is
required on these matters.
Trip to Austin for Inauguration of Jim Turner. State Senator
Mr. Pipes advised he represented the City of Huntsville in Austin at the inauguration of State Senator
Jim Turner. He said the House was also brought into session and he spent some time in the House and in visiting
with Mr. Turner. He said the House session was very memorable in that Speaker Hobby retired, so to speak, from
service in the State Sene to and a bust was unveiled, commissioned by the state, and it will be on view in the
chambers for many years to come. He said there was an appearance from Governor Elect Ann Richards and the Lt.
Governor was also there. He said Senator Bob Glascoe of Stephenville was elected Speaker Pro tem. He said
Huntsville was well represented and he was pleased to represent Huntsville.
Reflections of the '80's Reception
Mr. Pipes reminded the Council and those present that next Tuesday night there will be a reception from
5:00 P.M. until 8:00 P.M. at the Family life Center of First Baptist Church on 13th Street and Avenue J for
special recognition of and awards to retiring Counciloaobers and the Mayor at [7:00 P.M.] and to generally
recognize all of the Councils who had a part in the accomplishments of the 1980's. Mr. Pipes noted 600 -700
invitations were mailed out and the general public is invited.
MAYOR'S REPORT- -JANE MONDAY
Consider LULAC's offer of assistance in preservation. restoration and operation of the Boettcher's Mill Store
Mayor Monday than presented the letter from Mr. Margarito P. Martinez, President, League of United Latin
American Citizens, committing members of that organization to cleaning up the area around the old Commissary
building in the Boettcher Mill neighborhood, to procure artifacts and original photographs of the building and
the people who were such an important part of the history of this area and industry. Mr. Martinez also
committed its members to work closely with city staff, especially Ms. Linda Pease, in attempting to procure the
funding necessary to make this project a reality. Mr. Martinez advised Mr. Andrew Martinez, currently vice
President of LULAC, has been named Chairman of the Commissary Restoration Committee, and he will represent LULAC
in the city's oversight committee (yet to be named) for this project.
Mayor Monday advised there is an additional letter from LULAC concerning this matter to make an
additional offer to operate, coordinate and manage activities in conjunction with the city once Boettcher's Mill
Center is completed. She then introduced Mr. Andrew Martinez, former city councilman, and Mr. Margarito
Martinez, President of LULAC, who were present to answer any questions the Council may have. Mayor Monday noted
a motion would be in order to accept their generous offer of assistance. CouncilmeHiber Green made the cation
to accept the offer extended by Mr. Margarito Martinez. President of LULAC to assist the City as it develops
the old Commissary building in the Boettcher Mill neighborhood. All were in favor and the motion passed
unanimously.
CITY COUNCIL MEETING OF JANUARY 8, 1991 BOOK "D" 280
Mayor Monday noted we have lost Mr. John Grivich over the holidays and the Council did not want
time to go by without this recognition. She then read the proclamation mourning the loss of John Grivich,
Bluebird Man of WaLker County, Texas, the text of which is as follows:
"WHEREAS: John Grivich had a dream of making Walker County the
Bluebird Capital of America and did everything he could to
make that dream come true, including teaching hundreds of
children how to make bluebird houses; speaking to civic
clubs, participating in film productions regarding
bluebirds, promoting the first week of April as Walker
County Bluebird week; and building, erecting and giving away
5,000 bluebird houses in order to increase the bluebird
habitat; and
"WHEREAS: John Grivich was a man of vision and was able to share his
dreams with us and when Spring begins and the bluebirds
appear, we will remember the legacy the bluebird man has
Left us;
"NOW, THEREFORE, BE IT HEREBY PROCLAIMED on behalf of the citizens of this
community by the power vestedin me as the Mayor of the City
of Huntsville, that January 8, 1991 shall be known as John
Grivich Da v in memory of his contributions to Huntsville and
Walker County."
Sister City, Niiharu Village, Japan. Christmas Card and Letter
Mayor Monday presented the translation of the Christmas letter from Niiharu Village. She said it is
a very positive response and the City can anticipate a visit from them during our Folk Festival time. She said
we have in turn been invited to visit them during their festival time.
H -GAC Meeting in Houston and TML Meeting in Austin
Mayor Monday encouraged the Council to let Ruth DeShaw know if they need reservations for these two ci
related meetings.
Letter from TexPooL and Kay Bailey Hutchinson, State Treasurer
Mayor Monday called attention to these two letters in the packet. She noted she had a nice conversation
with Kay Bailey Hutchinson over the phone recently. She said she also saw her in Dallas this past weekend.
She said Ms. Hutchinson is willing to be of assistance to Huntsville. Mayor Monday felt the City's association
with Texpool will be an excellent experience.
COUNCIL ACTION
TML Information: The Position of the Texas Municipal League on Environmental Duality
CounciLmember Carter said in the past he has had some problems with the position taken by TML on
environmental issues. He said they are much more oriented to Councilmember Green's model of economics than they
are to the environment. He said this is a step forward to see they are now talking about cooperating with '
envirormentaLists in trying to clean up some of the problems that exist. He said there is still an undertone
in this statement where they refer to a step toward a pristine environment: ". .. Unfortunately, those surveys
routinely fail to ask how much citizens are willing to pay for each additional step toward a pristine
environment. . ." He said this still disturbs him a little bit. He said whomever goes to this TML Legislative
Briefing meeting on February 4, he hoped they would be advocates to try to make sure that TML does what they
say they want to do which is to preserve the environment at a reasonable cost - -to preserve the environment and
not just to make sure we have a reasonable cost.
CITY COUNCIL MEETING OF JANUARY 8, 1991
BOOK "0" 281
Councilmember Howard asked for one more street light on 10th Street near the First Baptist Church,
noting there is a pole where a light could be added. He said there are teachers going in and out there at
Samuel Houston Elementary School late at night as well as people coming in and out of church. He said that
light would brighten up that spot a little bit. Mr. Pipes said this request is duly noted.
Traffic Liaht at Smither Overpass
Councilmember Knotts said the flashing signal at this intersection is slowing down the traffic and that
is making a big difference. Mayor Monday asked the City Manager to write a thank you note to the State
Department of Highways and Public Transportation for this installation. Councilmember Barrett suggested it be
noted that we need more such installations.
idly submitted,
Rut DeSh! Cite
January 8, 1991