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MIN CC 03/29/1988MINUTES OF THE COUNCIL MEETING OF MARCH 29, 1988 BOOK "P" 55 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 29TH DAY OF MARCH, 1988 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE AND COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in a regular session with the following members present: Jane Monday, Mayor 0. Eugene Barrett City Officers Present: Gary Bell James L. Carter Gene Pipes, City Manager Ila G. Gaines William B. Green Scott Bounds, City Attorney William L. Hammock Percy Howard, Jr. Ruth DeShaw, City Secretary William H. Knotts, Jr. RECOGNIZE THE MOCK TRIAL TEAM Mayor Monday then recognized the outstanding performance of the Huntsville High School Mock Trial Team members, their sponsor and coach, for their competition in Dallas where they won third in the state competition. She then presented certificates honoring each participant, as follows: Team Members: Brett Kraemer, Janet Eslick, attorneys; Lara Whitley, Stacy Green, Lane Blair, Jill Kropp; witnesses; Trey Henderson, alternate; Don Kraemer, legal coach; and Charlotte Smith, team sponsor. FORMAL SESSION Mayor Monday then called the formal session to order. She noted just before the Council Meeting this evening, two proclamations were issued. The first was for April 1 -7, 1988 as "Walker County Bluebird Week," at the request of Mr. John Grivich, "Huntsville's Bluebird Man." The Mayor advised the Council the videotape interview with Mr. Grivich germane to the Bluebird Project-- "Homes for the Homeless Bluebirds," will again be aired on SHSU's Channel 7 on Monday evening, April 4, 1988 at 7:00 P.M. She encouraged everyone to view this program. The second proclamation approved concerned "Child Abuse Prevention Month," April, 1988, at the request of Am Isbell of the Walker County Child Protective Services. Several members of the Advisory Board were there to receive the proclamation: Nancy Bounds, Elsie Davis, and Steve Balke. Dr. A. J. Westbrook, President of the Unitarian Church, then presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve the City Council Meeting Minutes of March 22. 1988 and Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously. CONSIDER UTILITY EXTENSION REQUEST Consider a utility extension request for a tract at the corner of Brunch and Gainous Streets in the amount of $1,552.50 for which the City's share would be paid from budgeted extension funds. Mr. Gene Pipes, City Manager, advised the Council of the request for a two inch water tine extension for approximately 225 feet northerly from the intersection of Brunch and Gainous Streets to the northern terminus of Brunch Street at the south boundary of the Augusta Mitchell /Leonard Johnson 2.43 acre tract. He said this property is presently being served through a private line running along the west boundary of Brunch Street from a meter located at the northeast corner of Brunch and Gainous. The Council was advised installation of the proposed two inch line will remove the private line from the public right -of -way and relocate the meter onto the Mitchell /Johnson property. Mr. Pipes stated a preliminary estimate of the cost of such an extension totals $1,552.50, of which Mr. Mitchell has already deposited his 50 percent share, or $775.25. Funds remaining in the utility extension fund are more than adequate to cover the city's share of this project, Mr. Pipes advised. MINUTES OF THE COUNCIL MEETING OF MARCH 29, 1988 BOOK "P" 56 Councilmember Barrett made the motion to approve of this utility extension request as presented and CONSIDER ORDINANCES Gene Pipes, City Manager, advised the Council this ordinance is being presented as a result of oncerns expressed by local concrete companies who state out of town concrete trucks coming into the city re not required to comply with the City's ordinance and the existing ordinance is somewhat difficult to nforce. He noted the regulation exists because the city streets are not designed for repeated traffic oads of the type presented by concrete trucks and some protection of the city's investment in its streets as sought. He noted the City Attorney has reviewed alternate methods to arrive at an effective regulation. e then presented an ordinance which would require a permit from the city engineer to transport ready -mixed oncrete in vehicles with a tandem axle load in excess of thirty -four thousand pounds. The ordinance urther provides that once this permit is accepted by the concrete company, it shall serve as conclusive vidence that the person to whom such permit is issued agrees to pay for all such damages to the city treets upon demand thereof made by the city. Mr. Pipes noted in visiting with local concrete company wners, the scales required to weigh these vehicles will cost some $15,000 to $18,000 for the printout quipment on the head of the scales. He said none of the local companies are equipped in this way at this ime. He said it has been suggested that just a little less than eight yards of concrete will more than ikely, with the weight of the vehicle, exceed the 53,000 load limit specified in the ordinance. He said he eels the city can accomplish the same thing by stipulating that there will not be more than eight yards of oncrete on a truck and make it easy to check the tickets. The City Manager discussed the options of nforcing the existing ordinance on out of town trucks; requiring the concrete trucks to be weighed on the andfill scales on occasion; requiring all concrete trucks to use the truck route or state highways to get o the job site, rather than using city streets to any great extent. Councilmember Knotts noted probable ause to have a truck weighed would be if they are spilling concrete on the street. It was noted the oncrete trucks can hold more than eight yards, up to around 10 -11 yards. After some discussion, ouncilmember Knotts suggested the City Attorney visit with the Texas Ready Mix Association concerning laws nd regulations on file with them that are being used in other cities that might apply to Huntsville. The ayor then asked the staff to continue its review of this item and bring back additional information at a ater date. Councilmember Barrett made the motion to table this matter for further investigation and Mr. Gene Pipes, City Manager, presented this ordinance for approval, noting several of these are the esult of complaints and concerns brought to his attention over the past several months. He noted the venue P location is the most controversial in that there is not adequate parking for teachers and visiting arents to park except on the east side of Avenue P between 7th and 10th Streets. He said a complaint came rom a resident on Avenue P who lamented the fact he did not have access to parking in front of his home ecause of the school related parking. He advised the Police Chief and Design Engineer recommend the no arking regulation to alleviate the congestion as the street is too narrow for two -way traffic, school bus aneuvers and parallel parking on the side of the street. He said, however, he could not in good faith join ith them in this recommendation, noting there must be some place for parking, and cites the other available paces. Mayor Monday noted, as a parent picking up children at that school, she said an alternate parking rea needs to be established before we move to remove parking on the east side of Avenue P. After some iscussion, the council requested that the City Manager visit with the school principal or other HISD fficials to work out a suitable solution and report back to the Council at a later date. With the I L� MINUTES OF THE COUNCIL MEETING OF MARCH 29, 1988 BOOK upu 57 exclusion of the Avenue P no parking regulation, the Council then concurred with the other no parking regulations included in the ordinance, to the effect that there would be no parking in the 1300 block of 16th Street, south side, from Avenue M to 252' west of 16th Street from Monday through Friday, and no parking on Highway 75 North, east and west sides of the street, from Pleasant Street to 380' north on Highway 75 N. The caption of the ordinance under consideration now reads as follows: ORDINANCE NO. 88-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES, ALONG PORTIONS OF HIGHWAY 75 NORTH AND 16TH STREET; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Knotts made the motion to adopt Ordinance No 88 -7 as amended to delete the Avenue P no Parkina regulation and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT- -GENE PIPES Council Meeting Schedule- -Gene Pipes advised the Council will next meet on April 12, 1986, skipping the April 5 meeting date, noting the city will observe a holiday on Good Friday, April 1 and be closed for business on that day when the agenda packet is usually processed. Mr. Pipes noted he will be taking March 30 and 31 as vacation days this week. Summer Schedules - -Mr. Pipes again requested that the Council turn in to him their anticipated summer vacation schedules so he can plan the summer meeting calendar. Huntsville Bonds Sold - -Gene Pipes, City Manager, advised the Council he has just learned from the City's Bond Counsel, Mr. Rennie Baker of Cowen & Company, that all of the city's street improvement bonds have been sold, as of this date. MAYOR'S REPORT- -JANE MONDAY Police Commendation- -Mayor Monday read from a letter sent by the High School Principal, Ann Froelich, commending Chief Eckhardt and the Huntsville Police Department officers for their professional assistance during the recent high school bomb threats. H -GAC Community Development Grant Application Denied- -Mayor Monday noted the city has recently been notified that the City did not receive funding of its application for grant funds, noting 13 projects were furred from the priority listing, on which the City ranked 16th. She advised new rules will be issued this week that will be followed under the Department of Commerce. She said Dale Brown, City Planner, will be attending that meeting to obtain the new regulations and the new criteria for next year's grant applicants. She advised the city will hopefully resubmit this grant request next year. Texas Department of Highways Hearing in Austin - -Mayor Monday advised she accompanied local officials, including the Walker County Judge, City Manager, HISD Superintendent, GSU Manager, Chamber of Commerce President, County Commissioner (Precinct 1); SHSU's President, among others, on a trip to Austin to testify in favor of the bridge over the Trinity River at the Kittrell Cut -off. She said this group was joined in Austin by State Representative Allan Hightower. She said the group advised the Department that Walker County is the only county in the state that is geographically separated from a part of its boundary and that one has to go through two counties to get to the other part of our county. She advised of the potential benefits of the bridge as to emergency fire and EMS services as well as the savings to the State of Texas in MINUTES OF THE COUNCIL MEETING OF MARCH 29, 1988 BOOK "P" 58 making the Ellis I and lI units more easily accessible to the TDC Warehouse and the new regional medical facility, saving some 15 miles of travel each way. She said as soon as it is learned how this project will be prioritized, she will advise the Council. New Tax Abatement Regulations from Grover Cook, Chief Appraiser- -Mayor Monday advised the Council new information is available concerning tax abatement and anyone interested in this information should contact Ruth DeShaw. Grand Opening of Baseball Season- -Mayor Monday advised Ms. Ruby Rushing has invited all of the Council to the grand opening ceremonies of the Baseball Season at 10:00 A.M. on Saturday, April 9, at the Kate Barr Ross Memorial park. She encouraged all to be present for that event and to advise Ruth DeShaw of their ability to attend. COUNCIL ACTION GSU Rate Increase Allowed-- Councilmember Carter advised the Public Utility Commission has allowed Gulf States Utilities to pass through their $85 million in expenses on the nuclear power plant, according to a brief news report he heard this evening. He asked that the information be verified and then warned the City concerning the tremendous impact this will have on the city's budget and that of every homeowner and business in this community. He said he considers this action a failure on the part of the Public Utility Commission. EXECUTIVE SESSION Review and discussion of pending litigation: Max Justice Vs City. After a review and update on the status of this litigation by Scott Bounds, City Attorney, the Council expressed their general opinions and concerns germane to the lawsuit, but no formal action was taken. ADJOURNMENT Respectfully submitted, 0 .� Ruth DeShaw, City Secretary March 29, 1988