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MIN CC 04/19/1988MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 66 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF APRIL, 1988 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M. The Council met in a regular session with the Jane Monday, Mayor 0. Eugene Barrett Gary Bell James L. Carter Ila G. Gaines William B. Green William L. Hammock Percy Howard, Jr. William H. Knotts, Jr. Following members present: City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney Ruth DeShaw, City Secretary PROCLAMATION SIGNED Mayor Monday proclaimed "National Student Leadership Week," designated for April 25 -30, 1988. FORMAL SESSION Mayor Monday then called the meeting to order. Councilmember and Mayor Pro Tem Percy Howard, Jr., presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Monday advised of a correction in the minutes regarding the subdivision mentioned in the last meeting where dead -end signs are needed that was incorrectly identified as being Spring Lake; the correct Location is the South Park Addition. Councilmember Barrett made the motion to approve of the minutes with this one correction and Councilmember Hammock seconded the motion All were in favor and the motion passed unanimously. JUNIOR LEADERSHIP CLASS RECOGNIZED Mayor Monday then recognized several members of the Chamber of Commerce Junior Leadership Class. Each member present then introduced themselves to the Council. ATTENDING CITIZEN Mr. Don Brindley of the Huntsville Alcohol and Drug Abuse Program to request the Council's sanction through a Council Resolution of an Alcohol and Drug Awareness Task Force in the Community Mr. Brindley advised that over the past several months, many individuals in the Huntsville community and outlying areas have been informally meeting to discuss the overall issues associated with alcohol and drug use /abuse in the Huntsville area. He advised that the individuals who have been involved in these discussions are representative of the fields of substance abuse, law enforcement education, social services, religion, parent teachers organizations, and other community minded civic groups; the vast majority are parents coping in today's chemical society. Mr. Brindley, the executive director of the community based and funded Huntsville Alcohol and Drug Abuse Program, said he has been asked by this group of concerned citizens to address the city council of Huntsville and request that the council consider a resolution that would establish a mayor's task force as a vehicle to explore the alcohol and drug issues that exist in our community. In order to achieve this goal, he said they recommend that the council pass on a resolution permitting the city mayor of Huntsville to appoint a task force committee to deal with issues relating to alcohol and drugs. Mr. Brindley said the task force committee would be comprised of parents, alcohol and drug professionals, law enforcement and legal representatives, educators, business persons, medical professionals, and other interested parties to be charged with the following responsibilities: MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 67 1. Bring together those elements within the community who deal with the issues associated with alcohol and drug abuse. 2. Identify alcohol and drug use /abuse concerns in the community. 3. Determine the extent to which alcohol and drug use /abuse exists. 4. Recommend what programs could be developed in dealing with these issues. 5. Provide a mechanism to unify and coordinate the efforts of the various resources to impact the alcohol and drug issues identified by the mayor's task force committee. 6. Report back to council the findings that the mayor's task force committee was charged to perform. Mr. Brindley said there are individuals within our community who have special insight in community life and have felt the impact of alcohol, drug use and abuse. He then asked that the Mayor and Council took favorably upon this request. Mayor Monday noted she has visited with Mr. Brindley in regard to this idea for some time. She asked the Council for their questions and comments in this regard. Mr. Brindley said this task force could provide an umbrella for referral for servicing for all the things that are necessary in dealing with the problem. He said currently there is no unified effort. He said the task force would be recognized as having some authority. He said the task force would be in effect up to the time it makes its recommendations to the Council, at which time it will be the Council's determination to continue the task force or revise it in any way in order to implement the recommendations. Councilmember Barrett spoke in favor of the task force and he then made the motion to form a Mavor's Task Force on Alcohol and Drug Abuse and Councilmember Bell seconded the motion All were in favor and the motion passed unanimously. Mayor Monday advised a formal resolution will be prepared for the Council's consideration in the next formal meeting of the Council. The Mayor encouraged Mr. Brindley to make recommendations for individuals to serve on that task force. CONSIDER BID Consider bid for annual asphalt supplies for the capital street program to Pavers Supply, as indicated and recommended by staff Gene Pipes, City Manager, advised only one bid was received for the purchase of 20,000 tons of hotmix asphaltic concrete which will be used by the capital street construction and street maintenance crews. He said the asphalt will be purchased in various quantities as the streets are ready for resurfacing or maintenance. The Council was advised three types of asphalt are used according to the type of street construction and traffic flows and load conditions. The prices are for a 12 month period and range as follows: Type B: 23.75 per ton; Type D: $23.75 per ton; and Type D Modified: $21.50 per ton. He advised it is the staff's recommendation to accept this bid. He stated the specifications for this bid are the same ones as the Highway Department uses. Councilmember Howard made the motion to award the bid to Pavers Supply for the bid Prices noted herein and Councilmember Green seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER VARIANCE FROM EXOTIC ANIMAL ORDINANCE Consider a request for a variance frgm the exotic animal ordinance for West Hill Mall Gene Pipes, City Manager, advised the Mayor has received a letter request from Ms. Rhonda Ellisor, Marketing Director of West Hill Mall, requesting a variance to the City's exotic animal ordinance, to allow their hosting of a lion and tiger show called "Klass Act" again in the near future. She noted the act was held at the mall last fall, but their office was unaware of the exotic animal ordinance. She advised MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 68 lass Act" was a professional, well - received and entertaining show and they wish to have it again this year a variance can be allowed. Mr. Pipes said if the Council sees fit to permit this variance, the ordinance will have to be e- written to permit variances. He said the staff would not recommend this, in light of the mauling by a arge cat of a young girl in Houston last year. He said that has become a criminal case, tried in San ntonio by change of venue. He said the lion was supposedly docile, but did get out of control, which ighLights the fact that any wild animal in captivity being used for demonstration purposes can be Dtentially harmful. He asked that the Council re- affirm their position on this matter. Councilmember notts made the motion to approve of the staffs recommendation not to allow a variance and Councilmember arrett seconded the motion. Discussion: Councilmember Carter asked if the University is subject to this rdinance, noting in most cases state property is not subject to city ordinances. He said the University ad a large elephant on campus today giving rides for $1.00 each. City Attorney, Scott Bounds, advised he Duld research the matter and report back to the Council at the next meeting. All were in favor of the CONSIDER IDLING DIESEL ENGINES ON CITY STREETS Mr. Scott Bounds, City Attorney, advised at the last council meeting, Councilmember Jim Carter equested consideration of an ordinance which would limit the parking of buses along 19th Street because of he concern for air pollution caused by the idling of engines and also safety problems related to leaving uch vehicles running while unattended. He then presented the Council a copy of a case entitled People vs. olbrook Transportation Corporation, 378 N.Y.S. 2d 939 (Suffolk Co. 1976) in which that court struck down a ity ordinance which prohibited the idling of engines of motor vehicles for more than three minutes under ertain circumstances. He said the court noted that environmental considerations strong as they are, we ave not yet come to the point of prohibiting pleasure driving or driving merely for the sake of driving, hich, to be sure, creates enormously more amounts of air emissions on the whole than does the lone engine. t would seem that such a restriction has a de minimis effect when considered in light of total air missions from actual driving, factories and industrial polluters." Mr. Bounds said based on that easoning, the court struck down the ordinance against idling vehicles as an unreasonable exercise of police ower because it was not reasonably, sufficiently or effectively related to its intended purpose of ombating air pollution. Mr. Bounds pointed out, however, that Texas law presently provides that no person driving or in nition removing the key from the ignition and effectively setting the brake. (Tex. Rev. Civ. Stat. art. 701d S 97. He advised an additional ordinance regarding unattended vehicles would appear unnecessary. ouncilmember Knotts suggested writing to the bus companies to request that their drivers turn off those �ngines as a courtesy. Councilmember Carter disagreed with the Court's findings, noting the information in their findings is 10 years old. He noted we know more today about the effects of idling diesel engines on fumans. He said there is more pollution in a traffic jam in Houston when everyone is sitting there in that traffic jam then when they are moving. He said he feels the Court was wrong on several instances. He hoped )ur society will some time realize that diesel engines as a whole are a serious problem and will be :ompletely outlawed so that we will not even have the problem on 1 -45. He said he will live with this iecision if the Council will permit the City to write letters to the bus company whose buses park in that area alerting them we do not appreciate the drivers leaving the engines idling. He said he is happy to know the city can ticket a driver who leaves his idling bus unattended. 11 MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 69 Pirate of Penzance The Council meeting was briefly interrupted by Mr. Dan Slater, donned in pirates clothing, accompanied by two maidens in costume, to advertise the Huntsville Arts Commission sponsored production of the "Pirates of Penzance" play being performed by local people this weekend in the Criminal Justice Building. CITY MANAGER'S REPORT --GENE PIPES Discuss the rewired E.P.A. Lead Ban Notice Mr. Gene Pipes, City Manager, advised of an EPA notice requirement concerning public water supplies. He said in June of 1986, President Reagan signed a series of amendments to the Federal Safe Drinking Water Act, one of which requires the use of lead free materials in both installation and repair of public water systems and any plumbing systems providing water for human consumption. He said on November 9, 1987, all licensed Texas plumbers were notified of the new lead ban and how that impacted the plumbing business in the state. He said an important fact of the new lead ban is the public notification requirement, which means each public water system must notify their customers of the new lead ban, even if the system is in compliance with the maximum contaminant level for lead. (Federal Register, Wednesday, October 28, 1987 issue). He recommended the City notify the public through three newspaper notices for three consecutive months beginning May 6, June 3 and July 1 (costing $300.00), rather than mailing out notices with the water bill or by a separate mailing, or by hand delivery (costing at least S1,500). Mr. Pipes said the City of Huntsville does not use nor allow any materials which contain lead in its water supply infrastructure. He said all of the old lead lines have been removed. The lead contaminant Level maximum allowed by EPA is .050 parts per million. He said the city's level is .02 parts per million on the average (Mr. Boyd Wilder, Director of Public Works, advised .02 ppm is the highest it has ever been at any time), so the City is well within the parameters. He said there is absolutely no danger or anything unusual in the city's water supply system. He said this is simply a notice requirement by EPA and the city is complying with it. Mr. Pipes advised that Boyd Wilder, Director of Public Utilities, is providing an information sheet for the office personnel to use in answering any questions that may come up regarding the EPA lead ban. He said the city will not be able to provide individual testing of customers water as that will require very sophisticated equipment and would be extremely cost prohibitive for the city to undertake. He said the city's system is tested quarterly by the TRA laboratory at Lake Livingston and every six months by the Texas Department of Health. The city is in full compliance and the city's water is completely safe, Mr. Pipes said. Clarification of sidewalk policy provisions Mr. Gene Pipes, City Manager, advised the minutes of August 11, 1987 approving a new sidewalk construction policy are basically very clear. He said the question comes in the February 9, 1988 minutes, which contains basically an understanding of Council type discussion, with no vote taken. He said the question is the coloration of sidewalks that a citizen requested at that time. He said there are two interpretations of what the city council meeting tape says. He said the minutes indicate there was a consensus of Council that if a citizen wants the sidewalks colored, he or she was to pay for the cost of the coloration in addition to the sidewalk, and provide. letters of agreement from all of the abutting property owners within an entire contiguous block before the project then would be considered. He said there was later discussion in that same meeting by Councilmember Bill Knotts that it was his feeling the city should stay with gray sidewalks. There was also some feeling this was the consensus of the Council at the end of the discussion. He said the staff needs to have that decision formalized or clarified, because the city has since had another request to participate in coloring sidewalks, red in particular, and the city has just about completed the sidewalk on University Avenue and are about to begin on the Avenue 0 sidewalks. He said if it is the council's desire to allow a citizen, if he wants a colored sidewalk, to pay for the cost of MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 70 coloring and provide letters of agreement from all property owners within that block prior to the bid of the sidewalk project or; is it the council's desire that all sidewalks will be gray and coloring of sidewalks will not be allowed? Mayor Monday presented the main points in the sidewalk construction policy, as established by the Council on August 11, 1987 and asked if there were any questions -about that. Councilmember Carter said the city does need to let people know they have this opportunity; as blocks are going to have their sidewalks fixed, in areas where there might be gaps or areas where there are no sidewalks where their streets are being done, that the city find some way to give at least those affected citizens notice that they could participate in the sidewalk program. Mr. Pipes reminded the Council that where the utility department tears up a sidewalk to do utility work, the sidewalk will automatically be replaced at no cost to the abutting property owners. Mr. Pipes said the city will be overlaying Avenue I, Avenue M, Avenue 0 and University Avenue this spring and that schedule has been published for some time (1988 street schedule). He said the city has not contacted every individual property owner abutting those streets. Mr. Poteete, Director of Public Works, these projects really would not be affected this time because the city is not doing any reconstruction except perhaps on a one -block section, as the city is mainly doing overlays; in other words, the sidewalk construction policy is not tied to street overlay work. Mr. Glenn Isbell, Director of Design Engineering, and Mr. Poteete both advised they would recommend the sidewalk construction program not be tied to street overlay projects because there is no correlation. Mr. Pipes said the city does not really have a good mechanism to give notice to every abutting property owner along a street to implement Councilmember Carter's suggestion, but the city could give notice in the newspaper. He said if we are going to tear up curb and gutter and block people's driveways, those people are always notified by letter that there will be some temporary inconvenience. Mr. Isbell, preferred to handle the sidewalk policy much as the city now does the utility extension policy. He said we need to make it known what the policy is, publicize it, so the people know this is an option. Councilmember Carter indicated his concern that we encourage sidewalks where possible. He said perhaps we could give notice only to abutting property owners where there are existing sidewalks with gaps in them so that at least the naps could be filled in There was a general consensus to this statement. Mr. Isbell said someone has to get the neighbors together on a block to all be in agreement - -do the leg work. He said his staff can do the design, etc. Mayor Monday then asked about coloration on the sidewalks as outlined by Mr. Pipes above. Councilmember Knotts advised colored walks are hard to maintain in a constant uniform color, noting the concrete is not colored all the way through, but it is colored only on a thin layer on the top and with enough traffic, most of that color will eventually wear off, but it would take a tremendous amount of foot traffic to do it. He said the color will fade and leach out and is hard to maintain a good brilliant color. He said he is speaking against the colored walks, because one block may want the walks red and the next block may want them green, and the next blue. He said he didn't want Huntsville to look like a carnival town. He said if we had a certain area like an historic area designation, etc., the city could not exclude color. He said if the city stayed with brick like on the south side of the square, that would be good. He said where we are going with concrete, the city should stay with the conventional gray color. He said different things have been tried, such as a beige, warm tone (earth tone color). He said he had the warm tone on his property and in time the natural gray concrete and the warm tone had evolved to about the same color. He said the Trinity Division quit manufacturing it and Texas Industries took up the warm tone, but he thought they have also stopped using it. He said if the city's utility crew had to go into a red walk and tear out part of it to do a water or sewer repair, replacing it will be difficult unless it is done by an experienced person and even then matching the color will be difficult. He said if a property owner wants colored walks behind the city's property line, that would be his prerogative. Councilmember Carter saw no reason to preclude the option under the conditions where everyone on a block has to agree. He too would not like to see a hodge podge of colors from block to block, but he did not see a need to preclude color if a block wants to do something different. He encouraged allowing the first option to permit colored walks, as outlined above, however, he noted this is not "his ditch to die in," quoting from one of Councilmember Green's statements. 1 "c I MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 71 Councilmember Gaines expressed her concern that if we adopt the gray sidewalk policy, that it may preclude the use of red brick in areas such as the historical district or downtown. Mayor Monday noted what she is hearing Councilmember Knotts express is that if we do concrete, we will do gray only, and if we don't construct the sidewalk using concrete, then we'll do the paver. Councilmember Knotts said he felt the city should have control over the type of material that is used, whether it be brick, concrete, or the colored pattern anywhere on city property, rather than leaving it at the option of the citizens, because the city personnel are the ones that will have to maintain it once it is built. Councitmember Barrett suggested someone could always come for a variance like is done on other things, such as a paver or a brick sidewalk. After this discussion and input of ideas, Councilmember Green made the motion that, for purposes of concrete, that it be gray on the sidewalks, and that any variation of that material require city council approval. Councilmember Bell seconded the motion. Discussion: Councilmember Carter said he didn't see the need for doing this because he didn't feel this is going to happen very often. He said practically, the city is just not going to see the agreement of all of the property owners on many blocks. He didn't see it as a serious problem either way. He said he didn't see precluding this if there is a property owner who wants to do this. He said he will vote against the motion because this is another exercise of the police power, like the idling of the engines discussed earlier, and he didn't see any need for the city to get into this. Upon a vote on the motion. all were in favor except Councilmember Carter who voted opposed The motion, however, passed by a vote of 8 to 1. Consider EMS Board recommendations on the restructuring of the Board to include Hospital District representation to reflect their funding participation Mr. Gene Pipes, City Manager, advised that yesterday there was a meeting of the EMS Board, during which there was a discussion of the inclusion, for the first time, of the Walker County Hospital District as a full voting member of this board. He said the city has been working in this general direction for a number of years and over the last several years, the Walker County Hospital District has contributed 550,000 a year to the ongoing work of the EMS. He said with the election of a substantial portion of the Walker County Hospital District Board last fall, the EMS Board was made aware that that particular group now wishes to be ,represented as voting members of the EMS Board and to share fully in the responsibility of operating the board from a policy matter and also to share fully in the financing of that activity. Mr. Pipes said it is envisioned in the interlocaL agreement that has been drafted that the Board include an elected representative of the City, selected by the City Council; an elected representative of Walker County, selected by the Commissioner's Court; and an elected representative of Walker County Hospital District, selected by the Board of Managers. Also, he said, the Board will include the City Manager, and /or his or her designee; the County Auditor, and /or his or her designee; and the Hospital District Administrator, and /or his or her designee, plus a Medical Advisor, selected by the Board Members, and a citizen member selected by the Board members. This will make an eight member board, he advised. He said the citizen member selected by the Board will be selected for a two year term every January 1 in even numbered years and may be reappointed. The other board members will serve terms at the discretion of their selecting party. The Director of the EMS will serve as ex- officio member of the EMS Board. As far as the financial aspects at this time, the Hospital District has budgeted and authorized a $50,000 expenditure for this particular program, with the set -aside for the agency to have operating funds by September 30, 1988. The District will agree to pay $37,500, their proportionate share of the year, based on a calendar year and the financial situation at the present time because of the bond convenants. They are planning to switch to a fiscal year October 1 through September 30, so as to be in concert with the City and County and this will make things easier, he said. Until that is done, however, the proportionate amounts will be pro - rated. in all subsequent years, beyond 1988, the Hospital District Board will share equally with the City and the County the operational deficit (in thirds), which will assist the County and City who have been splitting the amount fifty /fifty since 1978 when it was initially formed. He said the Logic behind this is that no particular elected entity, subject to any swings in membership, has any total control over the EMS. MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 72 Councilmember Barrett, the elected official serving on the Board, recommended the inclusion of the Walker County Hospital District through this interlocal agreement. Councilmember Barrett then made the motion to approve the interlocal agreement and Councilmember Knotts seconded the motion All were in favor and the motion passed unanimously. Mayor Monday noted Huntsville and Walker County has one of the finest EMS programs in the entire state. She commended Mr. Carl Voskamp, the EMS Director, for his professionalism and Councilmember Barrett, for his advise and input as a member of the board. Mr. Pipes advised the Walker County Commissioners will be considering this agreement on Monday and the Walker County Hospital District will consider it in their next board meeting. MAYOR'S ACTIVITY REPORT- -JANE MONDAY State Department of Highways and Public Transportation Luncheon Meeting Mayor Monday advised she and others from Huntsville attended a luncheon meeting with the resident engineer of the SDHPT on Thursday and was able to learn about the Highway Department programs ongoing on the state level. She said she has received a list of all the highways presently being improved in Walker County and the projection of those now officially on the list for letting in the near future. She said the SDHPT will be soliciting our support for an amendment that all funds that come from the federal goverrrnent to the SDHPT remain in a designated highway fund for maintenance of the caliber of roads we have now in the state. She said as information on that is available, it will be provided to the Council. High School Seniors - -Talk on Early Ethnic Groups in Walker County Mayor Monday advised the Council she will be talking to the high school seniors on early ethic groups in Walker County on Thursday. She said she has done some research and has learned a lot about the subject. (East Texas Folk Festival V.I.P. Reception Mayor Monday reminded the Council of the V.I.P. Reception in the Austin College Building at 9:00 A.M. on Saturday Morning. She noted we have five county judges and eight mayors from the East Texas area planning to be in attendance as well as state representatives and a number of guests from all over East Texas. She said the parade will begin forming at 9:30 A.M. and will start at 10:00 A.M. She advised the Council they will be riding in a covered wagon. The Festival will begin at 11:00 A.M. on Pritchett Field. COUNCIL ACTION (Report on John Macher Day held Barbecue on Saturday Councilmember Hammock reported on the results of the benefit barbecue held on Saturday at the West Hill Mall parking lot. He noted in excess of $10,000 was raised to defray expenses incurred by John Macher's parents in connection with his long hospital stay. (John Macher Day proclamation was signed last week.) Iarent's Visitation Day at Sam Houston Councilmember Green noted last Saturday was parent's visitation day at Sam Houston. He expressed his thanks to some Councilmembers and to Gene Pipes, the City Manager, for participating in that event. Councilmember Bell advised of quite a bit of debris across from the Spring Creek Plant that needs to b cleaned away. 1 F1, MINUTES OF THE COUNCIL MEETING OF APRIL 19, 1988 BOOK "P" 73 TDC Prisoner Releases--Police Monitoring Councilmember Bell asked the Chief of Police about the program of off duty police officers monitoring the area of the newly released inmates on 12th Street and Avenue J near the pawn shops. Chief Eckhardt said the program is still ongoing and is generally working well. He said most of the inmates are released in the mornings now. He said there is a corps of officers who enjoy that overtime pay working on this contract. In addition, the two pawn shops need and rely heavily on the officer being there. It was noted the expense of the officer was being shared between the two businesses. New Army of the Republic Councilmember Carter challenged all of the councilmembers to join the New Army of the Republic as a sign of their support of the Sam Houston Memorial Museum. Mayor Monday noted for $25.00 one can be a private in this army and the opportunity exists to move up in rank, not with money, but with the recruitment of additional members. Sam Houston State University's Spring Fling Mayor Pro tem Howard advised he attended, on behalf of the city, all of the activities on campus as a part of the University's spring fling and parents visitation day. He said it was quite evident from the participation in this event by the local community, that this "community is alive." RECESS TO WORK SESSION ON ANNEXATION. ADJOURNMENT Respectfully submitted, (gOthDeShew, ecre tary April 19, 1988