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MIN CC 06/25/1991CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK "0" — 421 CHAMBERS, THE FLOCATED AT 11212 AVENUE M INI THEE CITYG OFE HUNTTSVILLE 25 COUNTY OF WA KER,I TEXASNATH6:45TP.M ALL COUNCIL !I I The Council met in a regular session with the following members present: W. H. Hodges, Mayor William B. Green City officers present: 0. Eugene Barrett William H. Knotts, Jr. Gene Pipes, City Manager Gary Bell Ronald L. Lange Ruth DeShaw, City Secretary Its G. Gaines Charles Robinson Member absent: James L. Carter CONVENE IN A JOINT PUBLIC HEARING Convene in a Joint Public hearing of the City Council and the Planning and Zoning Commission to consider a requested rezoning of Lots 9 and 10, Block 2. G. A. White Subdivision Mayor Hodges opened the public hearing. He referred the Council and Commission to a letter from Mr. J. David Tinsley which advised the City Manager that he wishes to withdraw his request for an amendment to the official zoning map of the City, dated March 18, 1991 for lots 9 and 10, Block 2, G. A. White subdivision, 2714 11th Street in Huntsville. Mr. Tinsley noted he wishes to restructure his plan and resubmit it at a later date. Mayor Hodges then called the public hearing closed. INVOCATION Mayor Hodges then introduced Mr. Dan Moon of Trinity Life Church, who presented the invocation. CONSIDER THE MINUTES Councilmember Gaines made the motion to approve of the minutes of June 11 1991 and Councilmember Bell seconded the motion. All were in favor and the motion Passed unanimously. Note: Councilmember Carter is � absent. PLANNING COMMISSION INTRODUCED /DISMISSED Chairman of the Planning Commission, Dan Davis, introduced members Ed Smith, Beverly Richard, Steve Boclman, and city staff liaison, Date Brown. Mayor Hodges then excused the Planning 8 Zoning Commission since the public hearing portion of the agenda, for which they were present, was completed. CONSIDER PROPOSAL TO DEVELOP A CULTURAL PLAN Consider a Proposal to develop a cultural Plan in conjunction with the ongoing downtown revitalization, as recommended by the Arts Commission - -Dr. Jack Staggs, Chairman. Review the budget and expenditures related to the Meadows Grant, as prepared by staff ' Mr. Gene Pipes noted questions were raised concerning expenditures on the downtown project- -Arts Commission work -- related to the Meadows Foundation Grant. He said the Arts Commission has recommendations for the development of the cultural plan, which is the corner stone of the full three -year program of work, for the matching cost for the Meadows Foundation Grant. He said the Commission's recommendations include the hiring of Cheryl Yuen to come to Huntsville as soon as possible [expected early fall] to present a training clinic to interested individuals in this area and a staff person, to assist them in preparing, over the next year, a cultural plan for Huntsville. Mr. Pipes said this is somewhat of a departure from initial discussions. He said the city expected to hire an individual from New Orleans, Marion McCollam, who had unusual expertise and has nationally recognized ability in this area, however, she has gone to work for the City of Houston and has found she will not have time to work in Huntsville, although she is willing to lend what time she has. He said hiring Ms. Yuen is the alternative. Ms. Pease noted Ms. McCollam recommended Ms. Yuen for such an assignment. She estimated costs for such consultation by Ms. Yuen would be approximately $3,500. She said Ms. Yuen has most recently been serving as Cultural Planner for the Pierce County Arts Commission in Tacoma, Washington, noting ' the Executive Director, Mr, Tom Cunningham, during a telephone conversation this week said, regarding Ms. Yuen, "I don't think you could do better." Mr. Pipes said the Arts Commission feels the long range cultural plan for Huntsville - Walker County, to be developed during the 1991 -92 fiscal year, can be accomplished with approval of the following recommendations: 1. Employ a resident of Walker County to serve on a part -time basis as consultant in cultural planning. [Applicants to be sought locally during July and a recommendation made to the City Council by August 1.1 CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK "g" 422 2. Employ an experienced cultural planner, Cheryl Yuen, as a consultant for up to five days between September 15 and October 15, 1991, to work with the local cultural planner and selected individuals and groups in designing a planning process for Huntsville-Walker County. 3. That the local cultural planner, and perhaps others, participate in some of the planning sessions in Houston and make use of some consultants white they are in the Houston area. 4. That the cultural plan be completed and submitted to the City Council prior to September 30, 1992. Mr. Pipes asked the Council if they have any questions. Mayor Hodges indicated his support for the project. Councilmember Knotts asked if this planner was budgeted at 818,000 over a three year period. Mr. Pipes said this is not for the 518,000 /year for three years coordinator, but the planner /developer of the city -wide social plan, with downtown as the center focus. Councilmember Gaines made the motion to adopt the Arts Commission's reconmendat ions_ as outlined above and Councilmember Lange seconded the motion and it passed unanimously. Note- Councilmember Carter is absent Request to use Meadows' Grant interest funds to fund design work for additional building Mr. Gene Pipes, City Manager, presented the request of Linda Pease, Downtown Project Coordinator, to use Meadows Grant interest funds in the amount of $3,900 for Haas' design and painting of the Mitchell Building (the Bargain Boxx); this building has been a part of the project since the beginning but was originally intended to have an historic restoration. She said since restoration was not possible because the brick tore away when the old plaster was removed, the alternate solution is to use the Haas' art. It was noted the Arts Commission approved this request on June 20, 1991, Mr. Pipes said with this work being done, aLL of the north side of the square will be finished. Councilmember Green made the motion to permit the use of interest funds for this purpose and Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously. Councilmember Knotts said he requested information about how the Meadows and City funds were /are being expended in the downtown area and acknowledged the memorandum conveying this information, dated June 13, 1991 from Patricia Allen, Director of Finance. He asked if the city has had to pay any funds for down time [bad weather /penalties. Mr. Pipes said the city has not paid funds for lost time and work is progressing relatively on- schedule. He said the amount spent out of the 8150,000 Meadows Grant is 8147,551 with a balance of $8,049 [including 85,600 in interest earnings], less 53,900 which was just approved above for a total remaining than ' of $4,149. Councilmember Knotts noted then the city has about spent all of the Meadows Foundation money. Councilmember Lange asked if there is any area that might be underbudgeted. Ms. Linda Pease advised should another building owner come forward, there would not be funding for the art; however, any renovation would be paid for by the owner. Mayor Hodges asked Councilmember Knotts to consult with Ms. Patricia Allen if he has any other questions. CONSIDER CONTRIBUTING TO HISD'S INNOVATIVE PLAYGROUND Consider a report on progress and request for funding support for the Innovative Playground proposal --Mr. Clayton Waits, HISD Mr. Clayton Waits said this is the second time HISD has appeared before the Council to request funds for this purpose. He said the playground began last year when HISD had a joint grant between the Texas Commission on the Arts and the Huntsville Arts Commission, to fund an artist to come into the schools to work with the school children to design a playground. He said this occurred last fall during a three month residency. He said the local artist, Mr. Rowe Creager, worked with the elementary students at Huntsville Elementary School and the art students at Huntsville High School to design this playground. He said he had three things to develop: a scale model; blueprints; and cost estimates. He said this was completed in December. He said he then solicited information from people in the community concerning the best way to raise funds to complete this project. He said it will benefit all of the people in this community. He said a citizens committee was formed to involve people from all phases of life in Huntsville. He said the original target amount was $15,000; they felt they could raise $10,000 with the committee and they were asking the City , to contribute 55,000 fora total of $15,000. He said the playground will enhance the City of Huntsville because the location is next to the Samuel Houston Cultural Center. He said he serves on the City's Green Space Committee and it has been very active in trying to keep jogging and bike traits along Town Park. He said the city has just received Thomason Park, a good addition to the City's parks system, and this playground is close to it. He said it will also support the downtown renovation project. He said it is an effort to revitalize the downtown part of the city to make it more of a living enhancement or revitalization so people can come back to the downtown area, which will be good for everyone. He said $12,000 has been raised and $5,000 is requested CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK "O" 423 now from the City, which will give HISD 817,000. He said he has met with Mr. Pipes and others to talk about joint funding in the future for playgrounds because this particular structure will take up a third of the area the HISD eventually wants to cover with playground equipment and it will be open to anyone in the community to utilize. He said it is not the first joint funding HISD has had with the city. He said HISD has cooperated with the City at Huntsville Junior High and has provided space and land area for playground equipment and there is also cooperation at Kate Barr Ross Park with baseball and they wish to continue this cooperation. Councilmember Robinson asked what age group is being targeted. Mr. Waits said young children, 2 -6 years, but he has seen parks such as this in other cities and the age span goes all the way to junior high children being able to play on it. He said HISD is trying to encourage family involvement - -a place for families to came out to take their small children and to be able to enjoy activities with them; an activity he said was restricted in Huntsville now. Councilmember Bell said he was hoping the Japanese Rotary Club's contribution would take some pressure off the city but he understands HISD still needs $5,000 from the city. Mr. Waits said that is correct. Councitmember Bell asked if any other governmental agencies, such as the county, is making a contribution. Mr Waits said HISD is contributing the land, construction, liability and continuing maintenance. Next year, he said, HISD is committing 83,000 as part of the construction also. He said HISD has already expended a lot of money in terns of brochures and promotional things this year. Mayor Hodges asked where the city's funds would come from if approved. Mr. Pipes said funds would come from the general fund. Mayor Hodges suggested including this request as a decision package for discussion. Mr. Pipes said this can be done. Councilmember Bell asked if August is too Late for Mr. Waits to have a decision from the City. Mr. Waits said that timing would be acceptable. Mayor Hodges then directed this request be made a decision package for discussion at budget time. CONSIDER ORDINANCE Consider Ordinance No. 91 -10 amending the employees health plan to provide for increasing contribution levels ' Mayor Hodges presented this ordinance, the caption of which is as follows: f5 ORDINANCE NO. 91-10- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE EMPLOYEE i MEDICAL BENEFIT PLAN BY INCREASING CONTRIBUTION LEVELS, AND MAKING OTHER PROVISIONS AND FUNDING RELATED THERETO. It was noted the plan is amended by raising the rates charged for participation, effective July 1, as follows: FROM TO Employee Medical 100.18 118.23 Employee Dental 13.76 7.13 113.94 125.36 Dependent Medical 179.76 179.76 Dependent Dental 12.24 17.74 192.00 197.50 Councilmember Green, Chairman of the Finance Committee, said the committee has met twice to consider these numbers and recommends these rates to maintain the city's current level of solvency. Councilmember Green then made the motion to adopt Ordinance No. 91 -10 and Councilmember Robinson the motion. Discussion: Councilmember Gaines asked what part of this is paid by the employee and what is paid by the City, and how does this affect the upcoming budget. Councilmember Green said the City pays all of these costs for the employee and the employee pays all of the dependent cost. He said part of this increase will actually come out of the current years budget [July- September], since it is effective July 1. He said the money is already in the budget to cover this increase. Mr. Pipes said compared to the approximately 25 percent inflation rate in ' medical expenses, this is a modest increase. All were in favor and the motion passed unanimously. Note: Councilmember Carter is absent. Consider Agreement for musical performances by Sam Houston State University. Music Department and Huntsville Independent School District Mr. Pipes, City Manager, presented this contract for musical performances with SHSU to produce or supervise the direction, design and management of �- America in Song,-- a series of approximately fifteen presentations. It was noted the City will fund $1,500 of this $3,000 contract, with HISD funding the remaining CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK "0" 424 $1,500. Councilmember Gaines made the motion to approve of the contract and the expenditure of $1,500 and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. Note: Councilmember Carter is absent. CITY MANAGER'S REPORT --Gene Pipes Consider Jamestown Apartments building hazard mitigation options Mr. Pipes advised these apartments have been abandoned for some time. He said a number of Councilmembers had expressed an interest in looking at the area before making that determination. He said the original recommendation was to clean up and board the project pending a sale. He said there is some concern that this would simply result in additional abuse and mis- use /break -ins, etc., and that demolition is the only plausible alternative to the matter. He then presented the bids received for demolition, noting they are approximately twice what cleaning and boarding would cost. He asked for the Council's discretion. Demolition. Removal and Clean -up Johnnie Holmes $10,500.00 John Griffin $ 9,650.00 Grisham Construction $ 6,500.00 Clean -up and Board Gledhill Construction $3,850.00 Holmes Construction $3,565.75 Ernst Construction $3,357.25 Mr. Pipes said the staff's recommendation is Grisham Construction for demolition, removal and clean -up; and Ernst Construction for clean -up and board. He said the bid for demolition includes the stipulation that burning would not be allowed, and that cleaning and boarding must be done within 30 days and demolition /removal must be done within 60 days. Mr. Pipes said this property has been available at a very low price for a long time and no one is interested in the property. Mayor Hodges said the money spent on it by the city will be Levied against the property. Councilmember Bell asked if the city has explored those who had once indicated an , interest. Mr. Pipes said this is an area of federal involvement as far as the resolution of trust, FDIC, banks, etc., but the city has done what it could. Mr. J. D. Schindler, Director of Community Development, said, in essence, there is a Lien against the property. He said the city has been working with the owners who repeatedly say they will get money to fix it. He said the bank that has a lien against this property does not want to foreclose because it does not want the property. He said the property owner does not want to do anything and while other people have expressed an interest in buying the property, the bank has not foreclosed, so they can't buy it from the bank. He said it is a legal mess, but a horrible problem and the neighbors are quite upset in that area. He said the city's recommendation to board it was simply not necessarily because it was the least expensive; the Board of Adjustments and Appeals had already approved its destruction, and if money had been in the budget, it might already have been demolished, however, the city was waiting for someone to buy it and felt boarding it might buy some time. He said the weeds will grow back once it is cleaned. Councilmember Robinson asked the chief of Police if boarding it would be sufficient, considering the possibility for illegal activities going on there. Chief Eckhardt said not really because if someone wants to stay in there or smoke crack in there, then he is going to jump the fence, tear the boards off and go in. Councilmember Lange said it appeared that part of it had been previously boarded up and one could see where the board were torn off, probably the night after they were boarded the first time. He said he could only see about three buildings that would be questionable in being saved; 75 -90 percent of those buildings are in bad shape so that even a crack dealer would not go into them. He felt it is a hazard. Councilmember Lange made the motion to accept the Grisham Construction bid of $6.500 to demolish remove and clean -uD this site and Councilmember Knotts seconded the motion. Discussion: Councilmember Bell asked what the owners' response to this action might be. Mr. Schindler said the city has been trying to work with the owners for a long time. He presented a break -down of aLL of the activities concerning this project. Councilmember Bell said the summary tells him the owners have some interest in the place and perhaps have plans to fix it. Mr. Schindler said the problem is that the owners are unable to obtain funding to do the renovation as there are no institutions I ' willing to loan money to fix up a project like this. He said they have asked them to keep it mowed and maintained and they haven't done that either and that this has gone on for some time. Councilmember Green asked if the collateral owner of the bank has been notified that the city is going to demolish these buildings. Mr. Schindler said they have and their response is one of indifference. Councilmember Barrett asked if all the Legal procedures have been done. Mr. Schindler said all of the Legal work has been done and Mr. Scott Bounds, City Attorney, has signed off on the project [June 21, 19913 to CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK 110" 425 approve aemotition or repair, whichever is the Council's choosing. Councilmember Lange asked in regard to burning, how much additional cost is being incurred because of the city's ban on burning materials such as this in the city. Mr. Pipes said there is no ban on burning. Councilmember Lange said the ban he is referring to is on this particular project. Mr. Pipes said there is a unit cost for hauling debris for disposing it in the Landf RL or somewhere, but if one is not going to burn it on site, it is going to be hauled somewhere. He said he is sure a part of the $6,500 bid, although he does not have the break -down as to how much, is for demolition, and does not know how much is for pushing up and Loading, but he would expect it would be half the cost. He said the city did not take an optional bid to burn it on site, although some amount could be change ordered to expedite this. Councilmember Lange said he was just interested in the additional costs to remove the debris vs. burning on site. All were in favor and the motion Passed unanimously. Note: Councilmember Carter is absent. Councilmember Lange asked, since the city will have a Lien on this property, if the city could allow an organization in the neighborhood to build a baseball park, etc. in that place. Mr. Pipes said the city does not own the property and therefore has no authority to do anything with the property. Consider the Narcotics fund budget review Mr. Pipes presented information from Hank Eckhardt, Chief of Police, concerning this fund which consists of money that has been obtained from seizatures of drug money and materials awarded by the proper courts to the Huntsville Police Department, which has a current and projected revenue balance of $3.,498.91. Chief Eckhardt advised the Police Department requests expenditures from it in the amount of $200 for investigations and $1,764 for office (computer] equipment which will leave a balance of $1,964.00. He said while this does not require a formal vote of approval since it is discretionary money set aside under the statutory permission by the various governing agencies, the council does need to be apprised of the available funds and the allocation of i funds. An estimated balance of $1,534.91 will remain. Mayor Hodges said it insufficient that this review ' was made and entered into the minutes. Consider alternative re- zoning Procedures City Manager Gene Pipes, presented information from Dale Brown, Director of Planning, concerning rezoning procedures. He said based on the comments from the last council meeting, he has investigated how other cities in Texas handle rezonings. Out of about 30 cities contacted to -date, he said, most handle rezonings the same way Huntsville does. Two cities, Bryan and Amarillo, he said, provide a slightly different procedure which may be the alternative council desires. Both procedures are the same but Bryan's is a little clearer so he will use their ordinance as the example, he said. Mr. Brown noted Bryan provides that all requests for rezoning go to the Planning and Zoning Commission for review. When the Planning and Zoning Commission approve the request after a public hearing, the request is automatically forwarded to the City Council for a second public hearing and action. When the Planning and Zoning Commission determines that a proposal should be denied, it reports such findings to the City Council and notifies the applicant. If the proposal is denied by the Commission, the request is not forwarded to the City Council unless the applicant requests in writing an appeal to the City Council or the request is sent for review by the Commission by simple majority vote. Mr. Brown said if the Council prefers this procedure over the existing one, it would require an amendment to the Development Code. He presented a prototype of the amendment. Councilmember Knotts asked if the city established an appeals board for zoning. Mr. Brown said that is for variances only, not for changing zoning. He said state taw prohibits "use" variances and it would have to be done as a change in the zoning map. Councilmember Green referred to the questions the Planning and Zoning Commission reviewed when considering rezoning and asked if these are to be used by the City Council and the Planning and Zoning Commission in determining whether a piece of Land can be rezoned. He said the city set these up, not on the basis of this information at alt, but on the basis of deed restrictions. He asked if this means the Council is to ignore deed restrictions in making its decisions because these questions do not address deed restrictions at all, or, would the Council be placing itself in an illegal position since the city cannot take the position in court with regard to deed restrictions. City Manager Pipes said he feels it is fair and accurate to say that the City Council certainly did employ deed restrictions in terms of determining the neighborhood conservation districts; those were the criteria. He said once that neighborhood conservation zone was established, based on deed restrictions, that did not give the city license to involve itself in deed restriction suits; it simply gave it a vested interest in protecting the neighborhood and intervening through the statutory means to limit the encouragement of other uses into residential zones. He said that neighborhood conservation district was set up to protect that. He said if the deed restrictions stipulated it was strictly for residential use in the first place, and the Council is involved to that extent, architectural elements of deed restrictions, the Council would have more interest in it than it had originally anyway. He said there is CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK "w" 426 an infinite variety of deed restrictions in -place in the City of Huntsville today. He said the City did undertake to validate or preserve those deed restrictions; it only undertook to protect the neighborhoods. Councilmember Green said it is his concern that if that were a conscious omission from these question since the City uses deed restrictions for purposes of establishing zones, it appears that now with regard making the decisions, that does not enter into the decision making process because here are essentially sev questions, none of which address the basis of which the city established the zones in the first place. Da Brown, City Planner, said many of the questions stress the issue of "changed circumstances" and the changi of the deed restrictions or the ceasing to exist of the deed restrictions, etc. could be a changed circumstanc Councilmember Green said then it is up to the Council to decide what is the changed circumstance. Mr. Brc said the city's code does not list the things that the Planning Commission should consider when making determination, but felt it should be addressed in a broader context than deed restrictions or there may be leg problems trying to restrict it to that. Councilmember Green said Mr. Brown is saying the city may have a leg problem if it uses deed restrictions for the criteria. Mr. Brown said yes, but if the City calls it chanc circumstances. He said the deed restrictions could be changed and one of the things Mr. Tinsley is doing talking to the neighborhood about coming together to rewrite their deed restrictions and at that point, tf come in as a group and say conditions have changed, but again, we are not relating it to the deed restrictior it is the fact that conditions have changed. City Manager Pipes asked if Mr. Brown is saying that if a neighborhood that was originally put in residential conservation district, when its deed restrictions lapse, that places their inclusion in t neighborhood conservation district in jeopardy. Mr. Brown said no, but it would be, at that point, perfect correct for the city to occasionally review its zoning plan to say a change has occurred in this area a perhaps the city should consider alternative uses. Again, he said, the city does not want to pin it on the o thing. Mr. Pipes said he can see it would cut both ways; either maintain or be a circumstance to indicate thal change had taken place in that the neighborhood didn't keep up the deed restrictions and certainly the , commitment to neighborhood conservation may be, in fact, changing. He noted, however, he does not think it w the intent of the Council to establish the zoning ordinance strictly to enforce deed restrictions- -that was no what he understands the efforts to address. Mr. Pipes said it was simply to identify the residential are existing at that time by virtue of the instruments in- place. Councilmember Green said the reason he questio this is because initially the Council was told that the Court says the city has no interest in de restrictions and it had re, interest in going to court to enforce them and that this is strictly a privy matter. He said he then wondered, since there was a conscious omission, if the City was then, from now on, just assume that somewhere it is no longer to consider deed restrictions, and strictly to address these issue He said if the City wants to interpret a changed circumstance as a change in the deed restrictions, etc., felt the city is playing games with this. City Manager Pipes asked Dale Brown, Planner, if the seven questions are an attempt on the part of th Planning Commission to seek a clarification or direction for the City Council, or are they to indicate th criteria in which they, as members of the Commission, are planning to use to evaluate each of these rezoni requests. Mr. Brown said these questions were originally in a memorandum he submitted to the Planni Commission saying these are some of the items they can review in making a decision on what they are going t recommend to the Council. He said based on his interviews with a number of cities in which he specifically Be them the example of what was happening and asked what would their response be in a submission like this. H said those were the specifics of what those cities told him they would consider in an effort to determine i something has changed that would mandate a change, especially when we are going from a residential use to nonresidential use. He said the assumption is that something has changed to make it more desirable to move i from a residential to a higher density use. Mr. Pipes said the staff is responsible, and Scott Bounds i responsible, to advise the Planning and Zoning Commission on possible protocols in order to avoid any leg, problems of advising them, for instance, on spot zoning. He said it is recognized that spot zoning is illegal' He said advising them in such a way as to stay away from things that could be construed as spot zoning was th attempt at hatching these seven criteria for consideration. Councilmember Green said his fundamental question goes back to the fact the city knew this was a de ' us restricted area and he wondered why the city didn't just say that. He said they can't change this became t do so would be a violation of these people's deed restrictions. He said one sentence would have said that, a yet, the city has ignored that and went through these seven things as if to say it can't took at de restrictions any longer. Mr. Brown said but the city can, it does have the power, to change the zoning matter what the deed restrictions say. Mayor Hodges said Councilmember Green just has a question on procedure Mayor Hodges recommended that Councilmember Green visit with Dan Davis, Planning Commission Chairman and Dale CITY COUNCIL MEETING OF JUNE 25, 1991 BOOK "G" 427 Brown, City Planner, and Scott Bounds, City Attorney concerning this matter. COUnciLmmmber Green said he will be glad to,but he thinks this is something that aLL of the Council, since they are going to be involved in any rezoning that takes place, should Look over the criteria that should be used. He said if these seven questions are the ones to be addressed, the Council has a real tiger by the tail. Councilmember Knotts said he does not think that one would have to maintain one's deed restrictions to remain in a zoned area, and this is his understanding. City Planner Brown said deed restrictions are really going to cover a lot of things. Councilmember Knotts said the city does not have uniform restrictions and he doubted whether there would be any two subdivisions that are the same. Mr. Brown said they are not, but the city can't get into determining that a building should have 55 percent brick, etc. Councilmember Knotts said he is not referring to architectural. Mr. Brown said the city has it written for very basic use -- residential. City Manager Pipes said there is a concern not to appear arbitrary and capricious by simply asking when such a request is presented to the Planning and Zoning Commission: "Are the deed restrictions still in force ?" and determining it is a deed restricted area, to say: "Case closed." He said the City has to have more substantive due process. He said he does not think we can appear to be arbitrary and capricious in closing and opening any deliberations on a change of use application simply because deed restrictions are there. He said we must be careful about this. Mayor Hodges asked Counci Lmember Green to visit with the City Attorney on this. Mr. Pipes said this can be brought back as a Work Session item. Consider authorization for Payment of professionat services fees received to -date related to the issuance of ithe city's $2,500,000 street improvement bond issue. series 1991: 827,554 f Mr. Pipes presented three bills received to-date on the professional services in connection to issuing 82,500,000 street improvement bonds, Series 1991, as follows: Vinson & Elkins: 85,554.00; Cowan & Company, 817,500; and Moody's Investors Service: 84,500, for a total so far of 827,554 to be paid from the bond iproceeds. Councilmember Barrett made the motion to approve of these bond issuance expenses and Councilmember Robinson seconded the motion All were in favor and the motion passed unanimously. RECESS TO EXECUTIVE SESSION Recess into Executive Session to consider a real estate acquisition matter on 7th Street. Reconvene for formal action if needed The Council met at 6:10 P.M. to consider the real estate acquisition matter on 7th Street. No other matters were discussed. No format action was taken. The Executive Session ended at 6:15 P.M. RECONVENE FORMAL SESSION Councilmember Barrett made the motion to authorize the City Manager to spend up to the appraised value of the 27 acres on 7th Street that has been in the hands of FDIC. and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. Note Councilmember Carter is absent. RECESS TO WORK SESSION Storm Water management Work Session The Council then entered the work session at 6:30 p.m. and concluded approximately 8:10 p.m. ADJOURNMENT Respectfully submitted, I ice, Ruth 5isFraw, C (I June 25, 1991