MIN CC 10/01/1991CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "Q" 497
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 1ST DAY OF OCTOBER, 1991 IN THE CITY HALL COUNCIL
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
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
Scott
Bounds,
City Attorney
James L. Carter
Charles Robinson
Ruth
DeShaw,
City Secretary
Ila G. Gaines
FORMAL MEETING CONVENED
Mayor Hodges called the form L meeting to order at 5:15 P.M. He recessed the Council into Executive
Session to consider real estate acquisition matters:
10th Street right -of -way;
Easements to complete the tow-high pressure conversion project;
Street and utility rights -of -way of Crosstimbers;
Real estate disposal matter: 10th Street lot;
Consultation with attorney concerning HISD, at al. Vs. Quality Valve.
No other items were discussed in this Executive Session and no formal action was taken on these items. The
Mayor and Council reassembled for the Citizen Input /Inquiry Session at 6:00 P.M. Mayor Hodges introduced the
Interim Pastor of First Presbyterian Church, Duke Kilgore, who presented the invocation.
' CITIZEN INPUT /INQUIRY SESSION
Dr. Dick Payne, Spring Lake Resident-- MCDOnaLd'S Creek Flooding Problems
Dr. Payne asked the Council for assistance on a maintenance problem that he has discussed with various
members of the Council and staff for several years concerning the City's property known as McDonald Creek which
runs through Spring Lake. He said this creek is suffering from siltation and needs to be cleared of the
considerable dead -faLL that is now blocking it. He said he and other property owners along the creek have lost
a number of trees as a result of flooding on the creek and folks are now complaining about the mosquito
infestation because of the stagnant water in this area. He said approximately two years ago a city crew
surveyed the area, preparatory to restoration of the creek, however, nothing has been done since then; it was
good symbolic policy implementation, but did not solve the problem. He said very frankly the residents are
getting --a little tired of it." He said he estimates he has lost about 10 feet of property to this creek as
it has flattened out in his back yard.
Council Questions. Councilmember Bell, also a resident of Spring Lake and the CounciL representative
for this area, asked if water is getting into the houses in this area and if he has experienced this situation.
Dr. Payne said he had photographs of the area behind his house before this silting and dead -fall problem began
[would have brought the photographs but they were damaged in the flood]. He said the city's water did get into
his garage. He said the last rain was unusual but he had an interesting complex of problems because he had
water from McDonald Creek close to the back of his house and he was in the front yard digging out a bar ditch
that belongs to the city to keep the water from coming down to the front of the house.
City Manager's Response. Mr. Pipes, City Manager, advised the city has been aware of this expected
project since the City accepted a gift of some park property from Mr. Etheredge on the opposite side of McDonald
Creek from Dr. Payne and others on Summer Lane. He said as the Council knows, the city has drainage maintenance
money budgeted but it does not have specific projects scheduled or a priority schedule for the projects because
there are so many areas to address with these limited funds. He said this problem is more of a flooding problem
than an erosion problem and more of a silting problem than a washing problem. He said the creek is encroaching
' by spreading out well beyond its original boundaries causing these rather boggy areas. He advised the Council
that to undertake this project is going to require a reconciling of the Council policy and sensitivities
concerning the fact that we can't put a machine [backhoe or trackhoe or even a bucket -type crane] in there to
dip this creek out without taking down vegetation on one side or the other of the creek. He said the property
owners would prefer for them to be on the city's property side, which is dedicated to be used as park property;
this activity will take down some trees in the process. He said it is a matter of reconciling some of their
ideas about this and arriving at a consensus. Mr. Pipes said this is a priority project but the staff has not
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 498
been in good position to address drainage as a highest poriority, but it is aware of the problems Dr. Payne hash
mentioned, noting it is a very high priority area almost every time it rains. He said all of the drives fLood'T
at a greater frequency now, than they did ten years ago because there is no carrying capacity of the creek. He�
said it certainly needs to be addressed and it is a matter of work crew priority and the Council's willingness,�.
to have the access to that side of the creek cleared out sufficiently to allow operating equipment and trucks'.
to haul the silt material out. Mayor Hodges asked Mr. Pipes to bring back a cost estimate on doing this work.
Mr. Pipes said he will provide that information.
FORMAL MEETING
Mayor Hodges then called the formal session to order.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
He noted the City Secretary, Ruth DeShaw, has provided corrections to these minutes, as follows: page"
486, add Rhonda Ellisor to Tourism Council Member List [inadvertently omitted]; and on page 492, change "is"
to "if' in the last Line of the second last paragraph: ". . . to ask Ms. Anisman "if ". . ." and the final
change is to be more specific in wording by changing the second Last line of page 492 from "Ms. Pease said it
is meant to be a "machine" tape recorder." to "Ms. Pease said she thought it was a tape recorder." With these
corrections to the minutes as submitted. Councilmember Barrett made the motion to approve the minutes of
September 17. 1991 and Councilmember Gaines seconded the motion All were in favor and the motion passed
unanimously.
ATTENDING CITIZEN
Mr. Ray Moore, President AARP to present a gift for development of a cultural center
Mr. Gene Pipes, City Manager, advised Mr. Ray Moore is not present this evening, but he wishes to test
the Council's willingness to accept a monetary gift (approximately $5,000) some time within the next six weeks '
from the Huntsville Chapter of AARP with the encouragement that the City provide meeting facilities for
activities of their organization and other similar community groups through the construction of a community
cultural activities center. Mr. Moore's Letter proposal provides, however, that if this money is not used by
the City for such purposes within five years, then it should revert back to the AARP Chapter of Huntsville.
Mr. Pipes said Mr. Moore will be obtaining the consensus of his board in the meantime, but will not pursue this
if the Council would not Look favorably upon this concept. Mayor Hodges noted this is a generous offer and
encouraged the Council to approve of the concept with the added stipulation that if these funds are not used
for the cultural center that they can be used for the Library. Mr. Pipes said the Huntsville Chapter of AARP
is interested in a meeting place, noting they are presently meeting in the Methodist Fellowship Hall and it is
almost filled to capacity each time they meet. He said they are interested in providing alternate meeting
space. Councilmember Green asked if they would have any interest in contributing to the library. Mayor Hodges
noted he makes that suggestion in the spirit of public interest but is not sure they would have an interest in
doing that. CounciLmember Green noted they might be interested in having those funds go to the library if they
are looking to the Library for a place to meet. Mayor Hodges said AARP just has funds it wishes to contribute
to the community. Councilmember Barrett said if the members of this chapter are seeking a place to meet, the
Council should not add the stipulation that they contribute the money to the library. Mayor Hodges clarified
then that they wish to contribute to the cultural center if it is built, but if it is not built, they have asked
that the funds be returned to them. The consensus of the Council was to accept this concept as presented by
the Huntsville AARP Chanter without amendment Mr. Pipes noted he will so advise Mr. Moore.
CONSIDER TOURISM BUDGET FOR 1991 -92
Consider the proposed Tourism Budget for FY 1991 -92 as presented by the Tourism Council
Mayor Hodges asked for the Council's consideration of the Line item Tourism Council budget for 1991 -92
in the amount of $99,000, as discussed at length in the meeting of September 17, 1991. CounciLmember Gaines made
the motion to approve the budget as presented and Councilmember Barrett seconded the motion -
Council Discussion. CounciLmember Bell noted the tourism budget has concerned him for a number of
years. He said his research into how tourism is handled across the country [Canyon City, Colorado; Billings,
Montana; Provo, Utah; Cedar City, Utah; etc.] reveals that for most cities under the size of approximately
200,000, the Chambers of Commerce typically handle tourism, which synchronizes with the local situation. He
said many of the places contacted in his research advised there is a continuing concern about whether tourism
monies are being used for tourism purposes. He said this is an item that has concerned him ever since he was
elected to the Council. He said most Chambers of Commerce that handle tourism do so, with or without any kind
Mayor Hodges noted while he can't respond for the Chamber, it would seem to him that as few full -time,
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 499
they need to shift responsibilities on a regular basis, depending on who is there, work loads for that time of
the year, etc. He felt the other good thing the City gets out of this, through the Chamber, and specifically)
of help, and it has been his feeling that they 50 budgets
the Tourism Bureau, is literally hundreds and thousands of hours of volunteer work.
public general spend about percent of their total or��
Councilmember Bell responded by shifting the terms of the argument, which is why he prefaced his
tourism, that is with or without a hotel -motel tax; clarifying that about 50 percent of what a Chamber does;;
comments as he did, noting the Council has always assumed that if tourism in the city is going to be done it.'.
if they are in the tourism business, is to spend on tourism. He said he would like to project to the council]
is going to be done through the auspices of the hotel -motel tax. He said he submits to the Council that the
today, for the first time in six years, that the Chamber of Commerce in Huntsville, Texas, probably would bd
Chamber will do tourism and that the President, receptionist, and the copy machine will all have a tourism'.
doing tourism without the hotel -motel tax. He said he would submit to the Council that the Chamber would be
responsibility just because they are the Chamber of Commerce. He said the Council canes along with an
involved very heavily in tourist activities, as a part of what a Chamber does typically - -as a part of their !
additional $99,000; and it seemed to him in terms of making sure that a tourism job is being done, that the
organizational development, as a part of their service to the community, as a part of what their memberships
Council should require that there be one person allocated for that position. He said he understands that
demands. He said the Chamber is in the tourism business just by the nature of the fact that so much of their
shifting around is part of it, but tourism is what Chambers do and it is not the hotel -motel tax's
membership would demand tourism. He said the City Council adds to that about $70,000 to $100,000 to dd':
responsibility to cover exclusively the tourism budget. He said that hotel -motel tax could, very easily
additional business. He said this brings him to the point of why he did his research over the telephone ardl:
purchase one full -time position and that person would be solely responsible for taking care of conventions, '..
that is to suggest to the Chamber and to the City Council that the Council recommend, in this new budget, that
attracting tourists, providing brochures, support, etc. He said he understands the classic argument that there',;
it includes specific position allocated to tourism exclusively. He said he has always been uncomfortable with!,
is so much shifting back and forth that the Chamber cannot allocate one person, but he suggests that this ;.
the fact that some of the Chamber people do sane Chamber business and do some tourism business and some of the
shifting back and forth has always been based upon the assumption that mostly tourism comes out of the hotel -!.
Chamber supplies do tourism business and some do Chamber business. He said there has never been this clean'
motel tax. He suggested that tourism comes out of both the Chamber's innate responsibilities, as well as the
delineation between "what is tourism" and "what is Chamber business." He suggested that this time, the Council'',
hotel -motel tax. He said he would like to see one position designated so the Council can know that someone is
take on the responsibility of recommending to the Chamber that the Council ask for a specific tourist allocated'.
working eight hours a day, five days a week on the tourism situation.
spot for someone like Dee McFarland or another person of their choice, who does 100 percent tourism. He sa4
Chamber's Response. Mr. Dave Cich, President, Huntsville- Walker County Chamber of Commerce, advised .
he feels the Council can request that of them because the Council is making, with public monies, a rather
he discussed this earlier with Councilmember Bell, and noted he has been thinking about it since then. He said
substantial contribution to the operations of the Chamber. He said the Council still has to decide on that
the Mayor's comments are well taken; it is difficult to juggle staff sometimes and one has to go with the flow `
specifically, but between $77,000 and 899,000 could certainly pay for a position and pay for some of the other- -
and adjust from week to week and month to month. He said as far as one way to better account for how much staff :.
services the Council also expects them to provide.
Mayor Hodges noted while he can't respond for the Chamber, it would seem to him that as few full -time,
employees that they have, to designate one person to full -time tourism, simply would not work. He said he feels
they need to shift responsibilities on a regular basis, depending on who is there, work loads for that time of
the year, etc. He felt the other good thing the City gets out of this, through the Chamber, and specifically)
the Tourism Bureau, is literally hundreds and thousands of hours of volunteer work.
Councilmember Bell responded by shifting the terms of the argument, which is why he prefaced his
comments as he did, noting the Council has always assumed that if tourism in the city is going to be done it.'.
is going to be done through the auspices of the hotel -motel tax. He said he submits to the Council that the
Chamber will do tourism and that the President, receptionist, and the copy machine will all have a tourism'.
responsibility just because they are the Chamber of Commerce. He said the Council canes along with an
additional $99,000; and it seemed to him in terms of making sure that a tourism job is being done, that the
Council should require that there be one person allocated for that position. He said he understands that
shifting around is part of it, but tourism is what Chambers do and it is not the hotel -motel tax's
responsibility to cover exclusively the tourism budget. He said that hotel -motel tax could, very easily
purchase one full -time position and that person would be solely responsible for taking care of conventions, '..
attracting tourists, providing brochures, support, etc. He said he understands the classic argument that there',;
is so much shifting back and forth that the Chamber cannot allocate one person, but he suggests that this ;.
shifting back and forth has always been based upon the assumption that mostly tourism comes out of the hotel -!.
motel tax. He suggested that tourism comes out of both the Chamber's innate responsibilities, as well as the
hotel -motel tax. He said he would like to see one position designated so the Council can know that someone is
working eight hours a day, five days a week on the tourism situation.
Chamber's Response. Mr. Dave Cich, President, Huntsville- Walker County Chamber of Commerce, advised .
he discussed this earlier with Councilmember Bell, and noted he has been thinking about it since then. He said
the Mayor's comments are well taken; it is difficult to juggle staff sometimes and one has to go with the flow `
and adjust from week to week and month to month. He said as far as one way to better account for how much staff :.
time is used, as he visited with Councilmember Bell, is just to go to more of an accounting of actual staff
time. He said estimates of staff time are now used. He said the front desk receptionist's job is primarily'.
tourism- oriented. He said as far as tracking their time, with the multiple responsibilities, and then -;
'
addressing whether it could dedicate one staff person, he advised Councilmember Bell that he could present to
the Board of Directors at their Board Retreat at the end of October, consideration of allocating resources in
the future. He said he is not sure it can be done at this time noting it is a decision of the Board of
Directors. He said there are things they can do to better account to the City Council as to how their time is
being spent, if they so desire. -
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 500
i,a Counci lIs Response. Counci lmember Green noted while he does not completely disagree with Counci lmember °
BeLL-s idea, he feels his timing is poor. He said given the fact the Councit has a Council committee that is
charged with working with the Chamber on a continuing basis, he would have thought that would have been a part
'.i of the whole budgetary process, rather than when the Council is ready to vote on the budget. He said it may j
itbe that this is something that is appropriate to do, but he feels to drop this idea on the Chamber at this
ii point, after the Council has been considering the budget under one set of circumstances and the Chamber has been
1 working under those guidelines, really creates an extremely awkward situation. He said it may be that
Councilmember Bell is right on how it should be done, but he does not like the timing. He felt this is
something that ought to be considered in the future, but not as a part of the 1991 -92 budget because of the
timing.
Councilmember Barrett felt one cannot define tourism and define a Line between it and the general:.
j promotion of the City of Huntsville because it all blends together. He felt that one helps the other and that
the Chamber should not have to draw a doted line between tourism, promotion, etc. because it does bLend
!. together. He said as long as the City Council can see some success in tourism in the city, it should not
i complain.
Councilmember aeLL said he has discovered that Chambers of Commerce typically handle tourism in cities
under 200,000, but what happens along Utah, Montana, and the Idaho area is typically that Chambers set up an
independent or quasi - independent corporation to handle tourism autonomously. He said it is typical, across the
U.S., for Chambers to put that over into a separate and autonomous group to handle individually and this is whatI'
he would like to see develop here. He said when he made his Chambers of Commerce phone calls across the U.S.,
he almost inevitably got the result of being told he needed to talk to their Tourist Bureau or their Tourist
Agency; they are separated, there are dotted Lines. He said in respect to the timeliness, he pointed out that
this Council only received this budget two weeks ago and he personally wasn-t a part of the committee
deliberations on it the Friday before the Council received the budget. He said the meeting was set up on
Thursday and he arranged his schedule to meet on Thursday but at the last minute, Wednesday night, it was
changed to Friday which made it impossible for him to participate. He said he is not sure at what point he
would have had the input that he tried to make. He suggested the lateness of the budget, plus his exclusion
from the budgetary process, makes this not only timely, but logical.
CounciLmember Gaines said there was one other meeting between the Council Committee and the Chamber that
CounciLmember Bell attended prior to that time, noting the Council committee met with the Chamber on two
different occasions. Councilmember Bell noted they talked previously simply about the research angle. '!
Councilmember Gaines said however they did discuss the budget somewhat. Councilmember BeLI said he thought that
meeting was primarily dedicated to the marketing survey, which he incidentally thinks is an excellent idea.
Councilmember Carter said he agrees with CounciLmember Bell, based on his understanding, noting he does
not know when the Council's subcommittee is meeting with the Chamber, but feels the Chamber delayed beyond
reason in bringing the facts and figures to the Council this year. He said he does not feel the Council's
subcommittee really had the opportunity to raise issues of the type that Councilmember BeLL is raising. He said
from what he heard and concluded from Councilmember Lange, there were some difficulties in getting with the
Chamber on a couple of occasions. Councilmember Lange said he has spoken to Dave Cich about the timeliness of :.
when their subcommittee meets with him, as they have discussed a couple of times. He said Mr. Cich understands
his feelings now. Councilmember Carter said he does not feet it is the Councils subcommittees fault
necessarily in timing. He said perhaps the Council can be more aggressive, but it probably won't as on mast !!.
issues it tends to sit back and wait for them to get their house in order so the Council can then talk to them.
He said apparently they didn't get their house in order or delayed for some other reason noting the budget -'.
should have been in some time ago. Mr. Cich said whenever a committee meeting is set, the Chamber confers with
all three members of the Council because they prefer not to meet with only a portion of them. He said they had
conferred with all three however there may have been a mix -up in the schedule, but their normal procedure is
to meet with all three to avoid this type of misunderstanding. '
Councilmember Green felt the part he feels is untimely is not really dealing with most of these budget
items, but the complete change in the nature of the relationship where we have various people doing part -time j
things to completely change that to a full -time position. He said if CounciLmember Bell felt that way, he
should have conveyed that to them so that it could have been incorporated into the budgeting process. He said
he feels it changes the whole nature of the relationshi this at point and that is not finely. He said it is
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "O" 501
year
not this year.
as something that needs to
Counci Lmember Lange said he was just informed of this tonight. He concurred with Counci Lmember Green
that the committee, consisting of Councilmembers Gaines, BeLL and himself, needs to visit with the Chamber
within the next year. He said he made Mr. Cich aware of his feelings about tourism Last week and the fact that
there needs to be more communication. He said he would Like to see this budget expanded even more than it is
currently, noting as a manager himself, he understands that management styles cannot change overnight. He said
as intelligent people, he can't see how the Council could ask someone that is actually working for them to do
that tonight. He said he is Listening to Councilmember Belt's ideas and noted he would like to study this a
whole lot more with Mr. Cich and other people in the Chamber.
Councilmember Carter said this is not a new idea and it has been proposed in earlier years; this is not
the first time the Council and Chamber have heard the possibility that the Council would Like to have a person
devoted to tourism. He said the council has not yet been able to get, in his judgement, the Chamber's attention
to that because they have not yet come back with any sort of phase -in project or even any philosophicaL change
that would make that possible. He said that is not the only philosophical change that he feels needs to be
brought about. He felt the Council has a responsibility because the Chamber may be managing on a daily basis,
but the council is in control to some degree and is responsible in some degree for the way in which the hotel -
motel tax funds are used. He said he feels the Council has every right to ask some of these things of the
Chamber, even if it means changing their management style to some extent and then it is their responsibility
to adjust to the Council's budget requirement requests.
Councitmember Carter said the two other philosophicaL changes the Council has asked for over a number
of years [that he still has not see enough evidence that the Council is going to get them, and he is going to
mention them but does not expect any lengthy debate over them because they have been heard before], is to spend
some money [more than a one year contingency allocation] on permanent attractions. He said he discussed this
last week and will not review it again, but he would Like to see some evidence that the Chamber is moving in
that direction. Councilmember Carter said he feels it is siLLy that the Chamber tourism office is located in
the middle of the town instead of on 1 -45 as that is where Huntsville would get the most attention. He said
he believes if the Chamber did what Councilmember BeLL has discussed, which is to allocate a single person to
be responsible for tourism, and then locate them in some structure on I-45, that Huntsville will attract people
off the highway; Huntsville could market the town and everything else much better. He said they could do that
even if they took a Chamber person and located them along the highway. Councilmember Carter felt these two
major changes, in addition to the changes requested by Councilmember Bell, are those items he would Like to see
implemented.
Counci [member BeLL made an amendment to the motion on the floor "to ask the Chamber to consider, in
conjunction with the City Council Subcommittee that they adopt a Program whereby at least one full -time person
is allocated to tourism under Chamber auspices and that this process of changing to a new structure take place
over the next 12 months." Councitmember Carter seconded the motion. Discussion: Councilmember Barrett felt
this is not good management because one may end up with one person sitting out along the highway and not do two
hours worth of work and if we have someone at the Chamber where they can do something else, other than tourism,
that is the best way to handle it. He said they have signs on 1 -45 directing people to the Tourism Center and
anyone interested only has to be able to read a sign and they can get to the Chamber of Commerce. He felt this
is a waste of human working time. Councilmember Green said he plans to vote against the amendment to the
motion on the floor simply because it backs the Council into a corner because it says the Chamber has to do this
and he does not know that the Council has had sufficient opportunity to think about this and if it is something
it wants to do. He said it might be that this is the right direction to go, but he thinks to make it a part
of this budget process at this time is not appropriate or timely. Upon a vote on the motion to amend the main
motion. Councilmembers Knotts. Carter and Bell voted in favor and Councilmembers Lange Barrett Gaines
' Robinson. Green and Mayor Hodges voted against. The amended motion therefore failed by a vote of six to three
Councilmember Bell then made another motion to amend the main motion to suggest that the City Council
atLocate. by city council mandate, out of the current hotel -motel tax revenues $5,000 to the Prison Museum to
help them with what he understands from the Board of Directors is a very difficult time and pointed out they
are quickly becoming one of Huntsvil[e's premier attractions. CounciLmember Carter seconded the motion
Discussion: Councilmember Gaines asked if it is intended that this $5,000 come out of the $99,000 and if so,
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "Q" 502
from what line item would Councilmember BeIL want to take it. Councilmember Bell said this would be left
the Chamberis discretion. He said he is concerned that the Prison Museum is not receiving the support
requested in July and it is his understanding they need help desperately. Counci Lmember Lange advised they he
a line item budget from the Chamber that the Council asked for even before he was elected to the Council
now Counci Lmember Bell wants to expand it more. He said if we are going to take "x,- amount of dollars and V
them it is going to go to the Prison Museum or any other museum, the Council is going to have to be responsik
for readjusting the line items. Councilmembers Gaines and Green asked which item he would reduc
Councitmember BeIL suggested the administrative line item in the amount of $25,000 would be a possibility.
Councilmember Knotts asked about the permanent attractions line item. Mr. Cich said in the gener
budget, the seed money that was provided to the Prison Museum, Gibbs Powell House and the Samuel 14alker Houst
Cultural Center was intended as seed money to get them off the ground and that is the way it was approved
the City Council. He said there have been no formal requests by the Prison Museum for an allocation of hote
motel tax that was directed to the Chamber of Commerce. He said they had a meeting with their President a
past President on August 1 and discussed their funding needs at some Length and offered to work with them.
this time, no request has been submitted to the Chamber for specific support. He said there is a need by t
Prison Museum as well as by the other permanent attractions in the community to develop a long range plan
support them, but the allocation of hotel -motel tax, without some discussion, is not how the Chamber
presenting it. He said he and the Tourism Council would have a probLem with that. Councitmember Knotts so
he feels the Council assumed that kind of support would come from the hotel -motel tax through the Chamber.
noted there is 87,500 in the permanent attractions line item, or 86,000 set aside.
Mr. Cich said the focus of their program as discussed in the last Council Meeting and as discussed wit
the Tourism Committee is that their marketing support, in using those furls to promote the permanent attraction
as well as offset some of their costs for promotion materials, such as brochures and other items, is the we
the budget is proposed. He said as far as direct subsidies for operating their museums, the 12 month contrac
at 8400 was intended to be just a 12 month contract of seed money. He said they have met with them to help i
any way and the door is still open as they want to work with them and support them; however, with their Limite
resources, the marketing support is needed because if the doors are open and they are not marketing, then wh
is going to came to see them. Councilmember Knotts noted none of the seed money is caning out of the budget
but out of the reserves because the Council has already allocated 86,000 and 84,800.
Councilmember Knotts asked about the purpose of the 87,5DO for permanent attractions. Mr. Cich sai
it is for marketing the permanent attractions. He said they consult with the operators of the attractions t
do a cooperative marketing campaign. Ms. McFarland noted the first 83,100 of that 87,500 is allocated fo
publishing approximately 5,000 tour manuals. Mr. Cich said the addendum to the budget describes the variet
of ways they try to promote the permanent attractions. He said there is additional support beyond that Lin
item, noting the visitors guide done in conjunction with the University; the research that will be done wiL
be done cooperatively with the permanent attractions as well as the festivals. He said there are a number o
other ways they support; the 87,500 is direct marketing dollars that would go into promotions for the permanen
attractions [tour books or direct advertising placed by the Tourism Council in consultation with thos
attractions]. Counci Lmember Knotts said then the Council may have been in error when they assumed the reques
from the Prison Museum for operating funds would be referred to and handled by the Chamber; the Council shout
have advised Dr. Pierce to make a presentation to the Chamber rather than to say the Council would check int
this.
Councilmember Carter said the Chamber can market the Prison Museum but, if his understanding is correct
it may not be open; we may have a marketing campaign to come see the Prison Museum and the doors may be close
when tourists get there. He said he does not know which cones first and they have a difference of opinion a
to which comes first. He said he feels if we keep the doors open first, then we bring the people in. He sai
if the Chamber wants to sell something that may not be open, that may be. '
Councilmember Hell advised that the Mayor's July letter to the Council asked that they budget in
timely manner and also mentioned that some cognizance of the prison museum situation be undertaken. He sai
he does not see evidence of that in this budget and that is why he offers this amendment at this particula
time.
Councilmember Robinson asked why the Prison Museum Board didn-t get in touch with the Chamber di
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 503
Mayor Hodges asked Mr. Clcn It the CnamDer generally visits during the cuaget session wltn tnese
representatives. Mr. Cich said if they have a representative on the Tourism Council, they have a meeting with
them on August 1 and the intent was to follow -up to address their needs. He said their door is open and they
are willing to sit down at any time. CounciLmember Robinson said Dr. Pierce was very adamant when he approached
the Council for additional funding to keep their doors open. Mr. Cich said they do have some serious needs that
need to be addressed both for facilities and operations. He said the question is, if we talk about philosophy,
where do we draw the line and how much do we support and subsidize permanent attractions. He said this is a
major issue and he agrees it is a concern as to how do we support permanent attractions. He said the hotel -
motel tax, as they found out this past year, is not a permanent flow of furls- -money does not grow on trees- -
where does one draw the line. He said if one of the other museums says they have financial troubles, what do
we tell them. He said how is the money of the Tourism Council best used. He said this is the reason the city
contracts with the Tourism Council.
Mayor Hodges asked if the Chamber is wiLLing to work with them all and in fact, if one of them got in
trouble, the Chamber would lend a financial hard if possible. Mr. Cich said as far as working with them -- direct
cash outlay to subsidize their operations- -that was discussed at length in the Tourism Council meeting and the
Tourism CounciL does not feel that would be the best use of the hotel -motel tax dollars because the funds are
Limited and very volatile. He said they learned this year to expect the unexpected. He said they are willing
to work in a very flexible manner with City Council to market the city and to develop a long range marketing
plan and to do the research necessary to get a handle on what is going on in the community. Mayor Hodges asked
if one of the permanent attractions came to the Chamber to ask for money to pay the light bill and noted if they
don't get it, they are going to close the door, would the tourism budget be flexible enough where the board
could vote to pay it. Mr. Cich said that would have to be addressed on a case -by -case basis by the Tourism
Council, but it would be considered if the request should be made.
CounciLmember Green said he does not think they could consider it unless it is approved as a part of
this budget; that does not make sense that they would do that if it is not a part of the budget, without coming
back to the Council for approval. He said otherwise the Council just gives the Tourism Council money and tells
them to do with it what they want to do. He said the fact they have presented a budget is saying that if they
want to change the way they want to use it, then they have to come back to ask the Council for approval. He
said it would be inappropriate for the Chamber to make a decision to use the funds for any purpose that is not
included in this budget. Councilmember Knotts said this is grounds for the Council to authorize the holding
of a little more in reserve to meet those problems when they arise. Councilmember Carter said it is also the
right time to raise this issue. Counc ilmember Green said the issue that is raised by this, and the issue that
is raised by Councilmember Carter that has not been addressed by the Tourism Council indicating that there was
a consensus on the part of the City Council that they move toward funding of permanent attractions was never
presented to the Tourist Council as the sentiment of the City Council. He said as far as he knows, there has
never been more than two people, maybe three, on the City Council that felt that was an appropriate use of the
funds. He said for them to have incorporated that when it was not the consensus of the Council to do that,
would have been inappropriate. He said just because Councilmember Carter wants it does not mean they should
do it. Councilmember Carter said he accepts that and he is finally glad to hear what the Council does think
about this. He said then Councilmember Green does not agree with this. CounciLmember Carter asked the other
members of Council what they would prefer to see done with the tourism money: the marketing, or support for
the permanent attractions. Mayor Hodges noted they will find out now because he is calling for a vote on this
second amendment.
p Councilmember Bell restated his amendment that it is his proposal to use $5.000 out of the hotel -motel
I taxes to support the Prison Museum and that this be undertaken at this point partly as a way to trigger some
philosophical discussion about these things that frankly this Council does not consider very well; they have
a tendency to get the budget, pass it, and that is the end of it. He said he just wants to trigger this
discussion. Mayor Hodges noted then this is the restated motion and CounciLmember Carter has seconded it. Upon
a vote on the amendment to the main motion, Councilmembers Carter. Bell and Knotts voted for the amendment and
Councilmembers Barrett, Gaines, Lange, Robinson, Green and Mayor Hodges voted against this motion. The motion
therefore failed by a vote of six to three.
Mayor Hodges then presented the main motion to approve the Tourism Council's 1991-92 budget as proposed,
noting there is a motion and a second on this already. Upon a vote on the original motion. Councilmembers
Carter, Bell and Knotts voted against the motion to approve it and Councilmembers Lange, Barrett. Gaines
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 504
CONSIDER BUDGETARY PRACTICES AND POLICY STATEMENTS
Consider policy statements concerning fiscal and budgetary practices of the City, as recommended by the Finance
Committee
Councilmember Green, Chairman of the finance Committee, credited Finance Director Patricia Allen for
drafting this document, noting she suggested to him some time ago the possibility of developing a single
document that could be part of the budget- -those things that are dictated by city charter, city ordinances,
administrative policies, state law, that the City does as a part of the budget process and the way that all
the financial operations of the city are compiled. He said she drafted this document and the City Council
Finance Committee along with City Attorney Scott Bounds and City Manager Gene Pipes, have reviewed and edited
it to insure it does reflect what the City is currently doing. He said there are a few changes from previous
policy. He said if there are questions that arise during the year, we can look in the budget to see what the
policy is and before the budgeting process begins in any one year, this will then outline how that process will
proceed and how the funds will be allocated.
Patricia Allen, Director of Finance, advised the first of three actual changes from the current policy
is noted on page 25 E PURCHASING. She explained that Mr. J. D. Schindler, Director of Community Development,
who manages the Purchasing Department, and Mr. Mark Bosma, Purchasing Agent, have been working on an update to
the Purchasing Manual to bring the dollars more in Line with the inflation rate from the existing policy which
had been in effect since 1980. She said this raises the dollar Limits on some of the purchasing and gives a
little more discretion to the department heads and the Purchasing Department. Currently, she said, any purchase
that is over $50.00 requires a purchase order. She said this would allow any purchase up to $200.00 without
requiring a purchase order. She said each of the guidelines establish what purchasing requires, what Level of
approval, etc.
Ms. Allen said the second change from previous practice concerns the authority of the City Manager [pagef
241 to amend or transfer within the budget in an amount up to $1,000 [in effect since mid-1970. sl; the change
increases that $1,000 to $2,000, which is more in line with today's costs.
Councilmember Green noted the third change concerns small capital items. Ms. ALLen noted in the budget
process, the staff presents decision packages for the City Councils approval. This change, she said, will
allow the City Manager to approve any " new ° capital item that has a cost up to $2,000 to build that in the
budget in a line item, and then supply a list to the City Council for review, rather than having all the
numerous small decision packages coming before the Council. She said this will allow the council to more fully
discuss the larger, policy type items. She noted -replacement- items such as a lawnmower, weed eater, PC,
typewriter, calculator, any replacement items with a value up to $5,000 could be built into the budget with a
list supplied to the Council. Ms. Allen noted those are the three changes.
Councitmember Green noted these three changes will require Council action for approval. He said if the
Council approves those changes, and all the other items in this document are already existing policy, the
document can then be inc Luded in the printed budget document for information. He noted they are really asking
approval of these policy statements with the recognition that there are only three items which have changed.
CounciLmember Green then made the motion to approve of the policy statements concerning fiscal and budgeter
practices of the City, as recommended by the Finance committee and which contain the three changes from policy
just outlined and Councilmember Robinson seconded the motion. Discussion: Councilmember Knotts asked if the
$200,000 set aside for industrial or commercial incentive, which he could not find as a line item because it
was a footnote, is addressed in these policies. Ms. Allen said it is addressed where it says that all
unallocated reserve funds will show up in the budget. She said they went back and showed that on the printed
document and it will definitely appear. Councilmember Green said before the budget process begins each year,
it is the expectation that either the Finance Committee or the Council, or both, will review these policy '
statements and make recommendations to the full Council for any changes that should take place before the
budgeting process actually begins. Upon a vote on this motion, all were in favor and it passed unanimously.
Consider the structuring of a bond issue referendum for the January City officers and Charter Amendment
Elections
Mr. Gene Pipes, City Manager, advised during the budget planning process, there was some discussion
about the possibility of conducting a bond issue referendum in conjunction with the city officers election in
CITY COUNCIL MEETING OF OCTOBER 1.1991 BOOK "U" 505
January. He said three specific items were discussed and the subject of drainage came up as a fourth item for
consideration. He said discussed extensively were the expansion and possible relocation of the current
municipal library; and the six -plex athletic complex that had been proposed as a public- private partnership with
the city, county and private interests participating, with a $1,500,000 local match in three equal parts to be
matched by a Parks and Wildlife grant, possibly of a Like amount for a total $3,000,000 estimated cost of that
project. He said the third item discussed was the W. S. Gibbs Memorial CutturaL /Civic Center. He said it has
been known for some time the problem with the nomenclature of what exactly to caLL a town haLL meeting facility
that doesn't sound particularly appropriate in any descriptive terms deve Loped so far, but obviously the major
focus of that is to have a facility that is generally accessible and open to the public by reservation and usage
for things Like having a reunion, civic club meetings, receptions, and other such activities, including various
cultural things, string quartette performances, etc.
Mr. Pipes, City Manager, reported that each of these three areas had been identified as a potential
member of a bond issue referendum package and the Council talked about a preliminary structure for presentation
to the voters at the time. He said the city is fast approaching the time when the election will need to be
called for the city officers in January. He said according to the schedule that has been provided, it is
desirable to call the election soon. He said it is timely for the Council to approach the discussion as to
their desire about these three items or possibly a fourth issue concerning drainage. Mr. Pipes also
reminded the Council that they have previously comm itted to the charter review election by the commissioning
of the Charter Review Comm ittee. He said these amendments will also be on the ballot in January composing a
fairly considerable ballot for the voters to consider: four at -large council seats, charter amendments, and
a possible bond issue referendum.
Mayor Hodges asked if there are any problems with the charter amendments being proposed. If not, he
' said, they will be brought to the Council for approval for the ballot in two weeks, noting the Charter Review
Committee has one more meeting to finalize their recommendations. Mr. Pipes noted the recommendations reviewed
by the council were preliminary for the public hearing and now they wiLL be finalized.
I
Mayor Hodges asked for discussion concerning a bond issue.
A W. S. Gibbs Cultural Center Issue?
CounciLmember Gaines addressed the question of a bond issue for the W. S. Gibbs Memorial Cultural /Civic
Center. She said some months ago a few meetings were held on this particular item but at this time, she
personally feels the Council needs to do a Lot of consideration of it concerning prior planning for this type
of building. She said at one of the meetings, her committee authorized Tom Randle [of Gibbs Brothers] and Mr.
Pipes to investigate other towns to gain information about what they are doing in this regard. She felt
uncomfortable recommending this particular issue for the ballot in January as it would be premature at this time
because of the lack of planning that has been done for the usage of that money. She said she would Like for
the Council to resolve to give this matter very serious consideration this next year and then be prepared,
possibly at the next election, to have something ready along those lines. She said the city has not been given
a time line on the usage of the money that is dedicated by the W. S. Gibbs Estate. She said when it was
discussed with Mr. Tom Randle, he noted they were Looking at three to five years as a possible time Line. She
said, however, the Council is not ready at this time to come up with any kind of concrete proposal that would
be even enough information for voter consideration. She said the Council needs to be dedicated to this project.
She said it did vote to do this when it accepted the funds but it now needs to come together as a Council and
really Look at what it wants to do in this area. She said much more involvement from the community as a whole
is needed - -the people who wiLL actually be using this bui Lding - -to determine what kind of building the city
wants to develop. She said as far as its title, the city does know it must be called the "W. S. Gibbs Memorial
. . . something." She said from serving on this committee, she feels they are not in a position now to go
forward with this project.
' Mayor Hodges noted not only did Councilmember Gaines serve on this committee, but she was Chairman of
that committee. Councilmember Gaines noted they were almost a committee of three. Mayor Hodges asked if she
would entertain continuation of her chairmanship of that committee. Councilmember Gaines said she would be
friendly to the idea of someone else taking on this project. Mayor Hodges noted he saw no hands coming up.
Councitmember Gaines said if this Council is going to be dedicated to this project, it wit[ have to give some
input, get behind it and work on it along with the involvement from the potential users in the community. she
said representatives of the Community Theater did meet with her committee to present their recommendations and
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 506
ideas, but this is just a small portion of the community that her committee envisions would be using this
facility. He said if that kind of money is going to spent on this facility, it must be as multi- purpose as it
can be. Mayor Hodges asked if this status is acceptable to the Council and the general consensus was that it
is acceptable.
A Drainage Bond Issue?
Councilmember Knotts said he remembers discussing a drainage bond issue. Mayor Hodges rated there we
four items and drainage was one of them. He asked the Council to talk about drainage now. Councilmember Gre
said the Council needs to address this problem in a major way, and he is not sure what the proper amount
money is-- whether $500,000 would make a dent in it to start with or not- -but at some point in time the ci
needs to begin doing something in a major way and he does not think the city can do it out of current operati
funds. Councilmember Knotts said it was well- outlined on a map as to what it would require in the planni
stage. He said the City probably would not go into all the specific items. Councilmember Knotts noted the cos
ranged from $800,000 to two to three million. Councilmember Robinson said there were three options discuss
concerning drainage. Mr. Pipes noted about three million was discussed as being needed in the first pha
depending where the city starts and at what scope and scale.
Mayor Hodges noted then obviously the city would be talking about a tax increase - -on any bond issue they '
would be talking about a tax increase -- whether the city issues bonds or if it is a smaller project and it issues
certificates of obligation, they are talking about a tax increase. He asked Mr. Pipes how much money could be
raised. Mr. Pipes said Mr. Rennie Baker, the city's financial adviser, has taken some very preliminary looks
at a $1,500,000 amount issued at 7 percent over a ten year period. Mr. Pipes said Mr. Baker indicated at that
time, based on the city's debt service projection, which has sane rather strenuous requirements for the next
couple of years and then it falls off and levels off after that, that it will require a 3 cent tax increase ifii
the city issues $1,500,000 in bonds. He said the city staff has done sane preliminary calculations on the' '
alternatives to bonds as a vehicle. He said obviously the value of the bonds, if the city obtains the very best)
interest rate, over a long period of time [the city would expect any of these projects to have a long life)
span] , it would be reasonable and appropriate to incur general obligation debt expense for this, but if the cif
had a lesser amount, say a $500,000 amount, it will cost it about $50,000 in front -end expenses to issue a bond
series. If the city has a $500,000 amount, the city does not want to front -end $50,000 he said, and he assumes
a certificate of obligation would be the instrument of choice to issue that debt. He said the C. 0- could bel
issued for a Lot less front -end cost, but it will have a higher interest rate, in all likelihood, than bonds)
would have.
Councilmember Green noted Mr. Pipes is talking about 1 percent, $50,000, and on one year, that is just
1 percent; if the city spreads that cost over two years, then it is down to one -half of a percentage point.
He said if the city can issue the bonds at a half of a percentage point lower than it can C. 0. it . . . Mr.
Pipes said over time the city could make it up, there is no question, but the amount generally thought of, it
terms of the bond counsel, is a threshold amount for bend issues of about $1,000,000. He said if the city is
not going above that, the city should look at some other piece of paper. He said debt service requirements on
C. O.'s are going to be much less in terms of being able to factor in the time requirement. He said if the city
has a ten year period, it is going to have principal and interest payments on schedule from year one so it will
have a lot higher debt service requirements and it may cost the city more in terms of a tax increase to issue
the debt, but at the same time, these are the options the Council really has: shorter term, higher pay back
requirements on C.O.'s and a higher interest; or a longer term, higher front end cost, lower interest rate on
bonds.
Mayor Hodges asked if this would be a better topic for a work session. Councilmember Knotts said he
would think so, especially on drainage because that is something the Council needs to address. Councilmember
Green said he would feel more comfortable discussing this in a work session, noting a preference for the Council
to have an opportunity to discuss aLL of the issues in a little more depth. Councilmember Knotts said he '
didn't think the Council would have a problem with a tax increase for a specific project but if the Council
asks for a tax increase to get more money for operations, that would be harder to do. He felt if the Council
tells the voters it is going to ask for a two or three cent tax increase because the city is going to spend
three million on drainage, something tangible that they can see being done, it would get more support. Mayor
Hodges asked Mr. Pipes to set up a work session in a couple of weeks to discuss these issues. In the meantime,
he said, the Council will proceed with the charter recommendations. Mr. Pipes said these items will be on the
next agenda.
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "O" 507
Consider a concept proposal by Advertising Displays. Inc. to install and maintain a scoreboard at Ross Park
Mr. Pipes presented a proposal from Advertising Displays, Inc. (ADI) for a concept issue. He said the
ownership of the facility after a period of time needs to be stipulated in the agreement. He said the proposal
is to install a major scoreboard sign /facility in terms of visibility, on the big field at Ross Park as it is
being reconstructed. He said ADI would need to amortize their costs for that facility over a ten year period
because of its major cost. He said this is a longer period of time than the Council has approved in the past,
but then this is a much Larger scoreboard. He said ADI would contract with the city to instaLL and operate it
for a ten year period and at that time it would be owned by the city. CounciLmember Robinson asked if there
was to be a major field in the new six -plex facility being proposed and perhaps this scoreboard would be better
suited to be placed there. Mr. Pipes said there is a Large field planned for the six -pLex and there is an
enlargement project ongoing on the Large field the city currently has at Ross Park. CounciLmember Robinson said
if the new comptex is built, it might defeat the purpose if this super large scoreboard is being installed at
Ross Park and then the city will have to cane back and put another Large one up at the new complex. Mr. Pipes
said this depends on the timing of the other complex. He said if the six-plex recreational facility is on the
ballot in January and the County approves their portion of it and the Parks and Wildlife Department canes on
board within a year or two years from now, the city will already have the fields built, and he may be correct,
but if it takes three to five years to get it built, then this sign will be half amortized before the new
facility can ever be occupied. He said they are basically addressing a current condition today and proposing
to put it up on that field.
Mayor Hodges noted a sign Like this will have advertising sponsor panels on it. CounciLmember Knotts
jnoted this will be at no cost to the city. Mr. Pipes said the city's only costs will be the power to operate
it. Mr. Pipes said ADI would sell advertising for ten years to amortize the sign. Councilmember Knotts
' suggested this scoreboard could probably be moved if necessary. Councilmember Robinson noted then his concerns
are allayed if the scoreboard has the possibility of being moved. Mr. Pipes said if this concept is acceptable
to the Council, especially with the ten year amortization, and the advertising to pay for it, the city staff
will proceed with this. CounciLmember Knotts said what we are talking about is allowing advertising in city
parks. Mr. Pipes said there is advertising on the existing scoreboard now, but the current time Limit on the
existing scoreboard is five years. CounciLmember Robinson asked who will do the maintenance on this scoreboard.
Mr. Pipes said ADI is responsible for maintenance, keeping the Lights up, advertising, etc. Mayor Hodges noted
then the City Manager will proceed with approving the instaLLati on of this scoreboard with ADI.
Mayor's Activity Report - -Bill Hodges
Consider appointments
Houston Area Library Lay Representative and alternate. Mayor Hodges then presented the names of Mary
Jeanne Coers as the Representative and Sharon Camfield as the alternate to assume the two positions on this
Board for two year terms. He noted outgoing board members are Ann Fleming (1989 -91) and Helen Wheat (1989 -91).
Walker County Appraisal District Appointment. Mayor Hodges advised the Walker County Commissioner's
Court has nominated the city's choice to represent the city on this board, former Mayor, Mr. Bill Nash,
therefore, no action on a nomination is required by the Council. He noted the Council will be approving the
full slate of nominations at a later date.
Mayor Hodges advised he is not yet prepared to recommend appointments to the Arts Commission, the Board
of Adjustments- Zoning, the Planning and Zoning Commission, and the Tourism Counc it.
COUNCILMEMBER ACTION
Capital Improvements Project -- Justification for watts built on 19th Street
Councilmember Knotts said he has talked to Mr. Johnny Poteete, Director of Public Works, and City
Manager Pipes concerning the walls built on 19th Street. He said he was disappointed in the type of
construction, noting what was built was removed and redone. He said he feels the wall was not necessary
initially because he feels the slope in the yard is not that great. He said we have yards all over town that
are on a 1 to 1 slope (one foot vertical to one foot horizontal] and this is an expense the Council needs to
review in its capital improvements program, noting the walls seem to be built arbitrarily. He said he has not
see the plans. He said there is another street coming up on Avenue P and quite a bit of that curb and gutter
is going to need replacing and there are quite a few in the same situation. He said he would like to see a plan
profile of the street before the city starts constructing so the Council can discuss it.
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "O" 508
Lack of Council's Tourism Committee Reports to the full Council
ComlciLmemlber Knotts said he does not recall the City Council Tourism Committee coming back to the full
Council to explain things. He felt it would be helpful if this committee would meet with the Council to approve
things and explain what this committee has done with the Chamber of Commerce, what it proposes and what it
thinks about ideas. He said that way Councilmember Bell's ideas can be brought to the Council and they can be
discussed instead of just in a formal session.
Councilmember Green noted in regard to the Tourism Council and the Chamber of Commerce, he felt it wou
be appropriate if the committee that represents the City Council would report in the entire budgeting proce
the consensus of the council relative to how it feels about certain issues so that this can be incorporated in
their budgeting process, rather than simply as a reporting mechanism from the Tourism Council to the Ci
Council. He said the direction should go the other way; the City Council should report viz-a -viz that committ
what the Council's expectations are in the Tourism Council's budgeting process so the conflict that took pla
tonight really wouldn't need to be. Mayor Hodges agreed taking care of it in advance would be better.
Councilmember Bell said the Tourism Committee of the Council has not met for eight months and all of
a sudden, and Councilmember Gaines may disagree with him on what happen, two meetings ago, they were called
together to present the notion of a marketing study and then, and he takes serious umbrage on what happened in
the actual budget session, he was called, told there was a meeting, arranged his schedule to make that meeting,
and then he was told that meeting was changed arbitrarily to the next day, which he couldn't make and this was
the Friday before the presentation of a two month late budget which took place in the last meeting. He said
this gives him a great deal of trouble. He said he is not sure precisely what forum the Council cants to have
to discuss this type of thing. He said the Council's choice was not to give the Tourist Council a 12 month
period in which to consider this possibility. Counci Lmember Green noted the motion was to adopt it-'ll
Councilmember BeLL asked what is the forum; the subcommittee does not meet. CounciLmember Green noted the fact ,
the subcommittee does not meet is not the Chamber's problem--they do not dictate when the City Council's)
committee meets. Councilmember Lange noted he feels Councilmembers Gaines and Bell and himself need to take
the lull by the horns and say they are going to have a meeting Wednesday afternoon with the Chamber of Commerce
at City Hall. Councilmember Lange said he has spoken to Mr. Cich a couple of times and did not Like this
meeting on Friday and then having to present to the City CounciL on Tuesday; it is not enough time and Mr. Cich
knows his feelings about this. He said this was done again two weeks ago. He said from now on, the Council
committee will decide and will not wait for the Chamber to set the meeting.
Councilmember Bell said they have had the first successful stealth budget - -it was essentially invisible
until it entered their radar scope two weeks ago and aLL of a sudden, boom, there we are. Councilmember Gaines
agreed with Councilmember Bell. She said the committee talked to the Chamber very strongly about their
tardiness in this budget process and made it clear the Council is not happy about that. Councilmember Belt laic
he also feels very strongly about being excluded from the meeting. Councilmember Gaines noted the Chamber saic
they were expecting Councilmember Belt to be at that Friday meeting and waited for his arrival; noting there
was apparently miscommunication. Councilmember Lange noted they did wait for Councilmember Bell to arrive,
but regardless of that, this committee needs to look to the future.
Councilmember Barrett noted in the Mayor's absence in the last meeting, he conveyed the Council's
unhappiness with the tardiness of the Tourism Council's budget and that the Council wants it on time next year.
He said they Chamber assured him they would have it in on time next year. Mayor Hodges noted it is due July
1. Councilmember Bell noted ". -. so the Council rewards them by giving them $99,000 "?
Councilmember Knotts said his idea on the budget was to stay with what the income was, $77,000 plus
perhaps $10,500 for the research they wanted, and that was never mentioned in the committee meetings because
Councilmember Bell was not at the meeting. Councilmember Bell said one thing that was lost in the rhetoric is
that the reserve fund was substantially depleted by the Council's vote tonight and that also gives him a great
deal of trouble, especially since the hotel -motel tax went down so substantially last year. He said he
recommends to the Council that before they take action on something as complicated as this that it be slowed
down somewhat, Mayor Hodges asked what the balance is in that reserve fund. Patricia ALLen, Director of
Finance, advised the balance is $14,000. Councilmember Knotts said if the Council will remember over the last
couple of years the Council has had to advance funds to the Tourism Council on their monthly budget. Mayor
Hodges noted then after tonight, there is 514,000 in the reserve fund. Councilmember Knotts said yes, but it
is supposed to be under the tourism budget and they ought to be able to live within their budget and if they
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK 110" 509
money to spend that month, they have to make arrangements to pay it when they get the money the next
month.
Letter to Elroy Hunter concerning tree controversy
Councilmember Bell noted there was a copy of a letter in the packet that had been sent to Mr. Elroy
Hunter [the city's tree contractor who removed the tree on 10th street]. He said he would Like to request that
it be made a matter of public record. Mr. Pipes said he has no objection with that. Councilmember Green asked
why the letter should be made a public record. Councilmember Bell said there is some question about the
reputation of Mr. Hunter, as it involved this tree cutting, and there was a feeling on the part of at least some
of the City Council that there should be some remediation for whatever damage was done to Mr. Hunters
reputation. Mr. Pipes said he will be happy to provide a copy of the letter to the City Secretary to be put
in the city minutes, if this is his intention. Cou Umember Bell said he would appreciate that and perhaps
Mr. Pipes can also provide a copy of the letter to the newspaper and radio station.
Councilmember Carter said he still needs answers to some questions concerning the 10th street tree;
noting he received two answers, one from Mr. Hunter and one from the city. He said one of the other of them
will give him an answer at some point. He said the issue is whether or not the tree was on the original
purchase order. He said Mr. Hunter has advised him the tree was on the original purchase order and the staff
told him the tree was penciled in some time later. He said it is not a major issue but he would like to know
because it does revolve around who is at fault. He said everything he is hearing says that Mr. Hunter was not
at fault so he is glad that Councilmember Bell has asked that this letter will be made public. [The letter is
reproduced below.]
"September 26, 1991
"Mr. Elroy Hunter
"Old Colony road
"Huntsville, Tx 77340
"Dear Mr. Hunter:
"Please accept my sincere apologies to you and your employees for the unfortunate events of
the past several weeks. Public employees are more frequently exposed to the inquiries and
publicity that surround the 10th Street oak tree removal incident, but we never get accustomed
to the emotion that an event such as this one has carried. We certainly understand your upset
with the manner that this has been handled and the City accepts full responsibility for the
awkward situation that you have been placed in.
"Your firm has always done excellent work for the City and bares no responsibility for wrong
doing in this event. The 'miscommunication' that 1 referred to in response to various news
media stories on the matter was a problem within City staff concerning our policies and
procedures; not a problem in our conmunicati on with your firm.
"City ordinance requires that the City Manager must personalty approve any tree slated to be
removed from a City street right -of -way. I knew, when approached by a news media
representative for comment on the matter, that I had not even discussed this particular tree
and due to some previously existing sensitivities in the area, would not have 'signed off' on
this one. I was aware of a number of other tree problems City staff was working on, but I had
no knowledge that this tree was being evaluated. It is regrettable that some of the City's
ardent critics took a Leap of logic on the meaning of miscommunication before the facts were
fully learned. Your firm certainly had complete authorization to proceed under the purchase
' order issued which was based on your quotation form that clearly identified the 10th Street
tree. I want to personally apologize to you for any pubLic or private interference to the
contrary.
"1 hope that this explanation resolves the matter to your satisfaction. Your good faith and
hard work have always been appreciated by the City and we look forward to many years of a
continued personal and professi met relationship. We trust that our new internal procedures
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 510
I I will keep anything of this nature from happening again. Thank you for your expression of good
Ij will during your visit to my home last Wednesday due to my illness. It was nice of you to go
out of your way to make contact and address the matter forthrightly."
"Sincerely,
Gene Pipes
City Manager"
Basal Area Tree Policy Ideas
CounciLmember Carter said this raises the issue of the basal area tree policy that the City Manager was
kind enough to call him about in the last week to ask if he would like for it to be on the agenda for the
meeting tonight. He said he asked that it be delayed so that Mr. Scott Bounds, City Attorney and he could work
on it. He said he has called the City Attorney about it one time, but they are going to do some more work on
it. He said since he is going to be bringing it to the Council for their consideration, he does not want to
be labeLed with the Chamber of Commerce in terms of springing things on the Council. He said he wants to give
the Council some outline on the thoughts because the Council will be asked to vote on it. He said it is open -
ended for the council to contribute to the basal area tree policy, if it is going to adopt it or not going to
adopt it. He said right now only four issues are involved, as follows:
The tree policy wiLL require an inventory when the city does work. The City will have to know, under
this policy, when trees are being taken down and this means literally counting and measuring the trees
that are involved in a project. He said there are parts of the tree policy he wants very badly because
it moves in the direction of a locat "Environmental Policy Act;" that is, it is very similar to an
"Environmental Impact Statement." He said this would include parks, so the city won't do what he Ii
thinks was wrong at Bush - Miller Park or even Thomason Park. He said they know what trees they are
pushing down with some specificity and the city can make some good decisions about that.
2. This policy should be reasonable when it is brought to the Council because he does want it to have a
chance of passing. He said he will not
take an "earth first" position on it. He said he recognizes
the city does have some major construction projects and it may not be able to pay to replace every tree
that is knocked down in some large water line or sewer Line construction. He said he is now working
with how much percentage of those trees the city needs to replace. He said what he does cant the
Council to know is chat the cost of those trees are that the city is loosing because the loss of a tree
is a cost.
3. This policy will focus attention to the fact that when the city cuts a tree down, the city is factoring
in the loss of that tree into the real cost to the city of the removal of that tree - -not just the labor
cost and not just the gasoline or fuel costs, but the Loss of that tree in terms of what it will cost
to replace that tree--815,000 to 820,000, depending on the size of the tree.
4. The dead or dying tree issue - -what to do about them. He said he does not necessarily think that if the
city finds that a tree is dead or dying and the city removes it that the Basal Area Tree Policy would
cover that. He said his thought now is to be reasonable and if the city finds a dead tree that it
remove it and the city could not have to replace that tree order the Basal Area Tree Policy.
He noted these are some of the thoughts reviewed
at this point. He said he does intend to bring this policy
back to the Council and he does want them to feel open to offer their thoughts. He said he hopes that in a
month or so the Council can discuss and debate a proposed policy and consider it for a vote.
Eds' West's possible impact on Caimunity
Councilmember Carter said white he does not wish to always appear negative, and he is in favor of
economic development, but he has noticed in The Huntsville Item some figures for the Eds' West development.
He said The Item reported there would be a 8400,000 payroll for approximately 30 employees. He said if we
divided $400,000 by 30, we come up with an average annual salary of about $10,000 to $13,000 a year, which he
does not find to be a very substantial salary. He said this is assuming there are no supervisors at Eds' West
who make more than 810,000 or 813,000 and that would reduce the amount of the average employee's salary. He
said it was also reported in The Item that the hourly Wage that is being offered by Eds' West
is 84.50, which
CITY COUNCIL MEETING OF OCTOBER 1,1991 BOOK "0" 511
is barely above minimum wage. He said he does rat know who is going to-take those jobs, but he may some day Ji
want those jobs to be available because he understands there are people under certain economic stress and that
under certain economic conditions, any job is better than no job, but this is rat a major enticement for lj
employment- 44.50. He said The Item also indicated some of the employees would be part -time, which means that 1.1
they will not have insurance benefits or sane of the other benefits that accompany that of a full -time employee.
He said his point is not that he is sorry that Eds' West is coming; he is happy that Huntsville is getting new
business and economic activity, however, he does not think that the taxpayers of the City will make up their
investment in looking at this annual payroll and the type of money that is being paid, and the tax dollars the
city is spending to bring in Eds' West. He said he also does not think the taxpayers of Huntsville ought to '-
subsidize what looks like, at this point, to be a relatively minimum wage type of business. He said he is glad
they are here, but does not think the Council should have spent the money it has spent to bring them here.
Traffic counts on University Avenue and pothole repair methods
Councilmember Robinson asked what is the triggering mechanism for the city to do a traffic volume study
on a street or highway. Mr. Pipes said the city has a substantial plan - -an annual traffic counting system--and
the city tries to count the same streets at the same spacing, time limits, time of year, and circumstances to
keep year -to -year data on various streets at whatever time they are scheduled for monitoring. Councilmember q
Robinson noted a constituent alerted him to the volume of traffic on University Avenue and the untimeliness of
the repairing of chuck holes that were there. He said instead of repairing the holes in the early summer when 'J
it was hot -- putting down the formula for repairing the potholes so the sediment could have seeded and it would
be black; by repairing them at this time, it has humps because it is not warm enough for it to seed. Mr. Pipes
said that is usually not the case. Mr. Johnny Poteete, Director of Public Works, said he is unaware of this
situation. Mr. Pipes said there are different patching materials used from time to time that produce a "
different end result, but any material put in a pothole should be very near grade and should have the proper
amount of packing and rolling. Mr. Poteete said the city patches 12 months a year, continuously, every day.
Mr. Pipes said the city will look at this location to review the problem, noting the city may have a bad job
there.
Concern for huge and unsightly accumulation of concrete scrap pile on Highway 75N for SDHPT's use
Councilmember Robinson asked about why there is a humongous pile of concrete debris along Highway 75
North. Mr. Poteete, Director of Public Works, said the SDHPT has asked for any debris [broken curbs, concrete
off of Avenue RI and they are using it as needed. Councilmember Robinson noted traffic caning from the west
cannot see the store for the pile and it is getting larger by the day. Mr. Pipes said the SDHPT stockpiles it
there and than moves it to another location. Councilmember Robinson asked if the city has anything to do with
that in the city limits. Mr. Pipes said the city can ask them to look for another spot to leave the spoil
materials.
Fire Prevention Week Activities at Fire Station
Mayor Hodges reminded the Council of the Fire Department's Fire Prevention Week Open House, October 6-
12, 1991. He encouraged the council to participate in some of those activities.
City Picnic Reminder
Mayor Hodges reminded the Council of the city picnic on October 12 and the City Council Reception for "
Boards and Commissions on October 22. He encouraged the Council to be in attendance at the reception.
ADJOURNMENT
City Secretary
October 1. 1991