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MIN CC 05/10/1988MINUTES OF CITY COUNCIL MEETING OF MAY 10, 1988 BOOK "P" 82 NUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 10TH DAY OF MAY, 1988 AT THE CITY'S SERVICE NTER ON HIGHWAY 75 NORTH AT 6:45 P.M. IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS. Council met in a regular session with the following members present: Jane Monday, Mayor Gary Bell William B. Green 0. Eugene Barrrett James L. Carter William H. Knotts, Jr absent: Ila G. Gaines, William L. Hammock and Percy Howard, Jr. CITIZEN INPUT City Officers Present: Gene Pipes, City Manager Scott Bounds, City Attorney Ruth DeShaw, City Secretary Mayor Monday then recognized Mr. George Russell for citizen input. Mr. Russell advised he is once again addressing the City Council in a spirit of compromise and cooperation. He said he has revised his offer in regard to sidewalks to be in alignment with the apparent philosophy of the majority of council, as follows: 1) he no longer offers to dye the walks red along the original three block area as the Council indicated a mistrust of the unknown, i.e., the appearance of red -dyed concrete; 2) he no longer offers to upgrade walks on any block with owner occupied housing as the Council indicated a special concern for the wishes of property owners who might not like the appearance of the walks; 3) he no longer asks for a commitment on the 17th Street block as the Council indicated the 17th Street block might not be appropriate without further study; 4) he does offer to pay the difference in cost for stamped brick walks on the 1800 block of Avenue 0 as the Council indicated there was happiness with the appearance of the stamped brick patterned walks along 19th Street; and 5) he no longer offers to upgrade walks on any block not on the original preservation plan for the historic park /gazebo area as the Council indicated that we should concentrate on a non- controversial established historic, scenic or touristic area. He noted the block in question is a part of a master preservation plan he developed in 1974 in cooperation with the Walker County Historical Commission. He apologized for the apparent lack of communication of these activities with the City Council over the years. He said the Commission has been working systematically and diligently on the protection and preservation of the historic, architectural, and aesthetic appearance of this area for over a decade. Mr. Russell then presented some options for the Council's consideration for the sidewalks on the 1800 block of Avenue 0 across from Gazebo Park, as follows: The first "preferred" alternative is that he will pay the difference in cost for a faux -brick sidewalk which carries the established theme of historic brick walkways along Sam Houston Park on 19th Street and wrapping the Gazebo grounds. He said the contractor has quoted a price of $4.00 per linear foot for the process or $1,320.00. He then returned his check in the amount of $1,248.00 and supplemented it with a check in the amount of $72.00, making a total of $1,320.00. He noted several council members expressed satisfaction with the faux -brick walks on 19th Street and this alternative would enhance the existing style and pattern. The second alternative presented was that Mr. Russell will provide the city with 6,000 genuine antique bricks from Walker County buildings for the walk in the 1800 block of Avenue 0, which could then be Laid on a concrete foundation. This would provide a somewhat different effect than that already established but would be an enhancement of historic and architectural significance, Russell noted. Mr. Russell said a third alternative will be for him to pay for faux -brick sidewalk supplemental charges for the corner property at 1822 Avenue 0. This would provide the illusion of wrapping the park and gazebo grounds in brick walks for visitors approaching the historic district along 19th Street from the Interstate. This would complete his original plan on the restoration of the 1822 Avenue 0 house which call for brick walkways. 1 L11 MINUTES OF CITY COUNCIL MEETING OF MAY 10, 1988 BOOK "P" 83 The fourth alternative presented is to pour no sidewalks in front of property at 1822 Avenue 0, and complete the block any way the City desires. He will provide historically and architecturally appropriate walkways in front of the property at his expense. Glaring ugly white /gray sidewalks in front of this historic property would be a desecration of its charm, he noted. The sidewalks removed had earth and brown tones and had a patina of age, he advised. Mr. Russell noted new industrial Looking walks would show our Lack of sophistication and good taste and detract from the historic nature of the area. Mr. Russell then offered his services as a consultant at no charge, noting his 15 years of experience with types, styles, patterns, materials, fabrics and historic accuracy of walkways of all kinds. He advised the stamped brick walks are being effectively used on high dollar real estate in exclusive neighborhoods; stamped brick walks are being used at the Texas Renaissance Festival and adoption of this style was based on the 19th Street walks in Huntsville. He clarified that batch dye has been suggested as being superior to surface dye for the same cost but that this information is not correct. He advised batch dye is diluted through 95% of the material, which will never be seen and batch -dying would have a greater tendency to fade and is a waste of dye and dollars. Also, Mr. Russell advised seal coating has been suggested as being slippery, but this is also incorrect. He said the seal coat is done as a part of the initial process and becomes a part of the material. He noted his experience on 19th Street indicates no hazard whatsoever. Finally, Mr. Russell advised the Council has been told that "gray" sidewalks are traditional, when, in reality, he said this is false as sidewalks being poured are neither gray nor traditional. He noted they are of a type of bright industrial white color that does not tone down. Furthermore, he said, the first sidewalk in Huntsville is reputed to have been "green." In addition, many of the older walks are of a type of exposed brown aggregate, he said, which gave a more residential and natural appearance. Mr. Russell noted there is no question about the historic and touristic significance of the Sam Houston Park /Gazebo Park area; the area is part of a master preservation plan which has already resulted in the restoration of several historic buildings, the construction of a public gazebo, the restoration of an historic Huntsville fountain, the preservation of green space and trees on public and private land, the completion of brick and brick stamped walks on three and one -half blocks and the rehabilitation of numerous declining properties. He said this plan calls for brick walks from Sam Houston Avenue to Avenue 0 and then wrapping the Gazebo grounds along the 1800 block of Avenue 0. Mr. Russell advised he owns 50 percent of the properties on the block in question. He said of the remaining two properties, one is for sale and is in very bad condition. Brick walks, he feels, would increase its value and sales potential. He said it is owned by a non- resident of Huntsville. The second property is owned by an absentee landlord who resides at Spring Lake. He advised neither of the absentee owners has exhibited a commitment to the preservation, protection, and rehabilitation of this historic neighborhood. Mr. Russell said the Council has expressed their deep concern for the feelings of the property owners who live in the neighborhood. He said he is deeply concerned that his efforts to upgrade this area will be negatively impacted by glaring white cement which does not lend itself to any preservation scheme. He said he hopes the Council is more committed to the feelings of the neighborhood resident owners of over 40 properties in the neighborhood than to the expressed dissent of one absentee owner. 0. J. Moak to discuss sidewalks in the city Mr. Moak noted although he has no prepared speech, and he can appreciate the time Mr. Russell put into his presentation, he felt it was unfair to make a distinction between present and absentee landlords as Mr. Russell does not live on all 40 sites he owns either. He commended Mr. Russell for his preservation work in this area. He said, more importantly, is the fact that we must decide if the sidewalks are being built to merely beautify, or are they to be utilitarian. He said the sidewalks will be used by children and elderly people and any type of sidewalk that will cause them difficulty, such as brick grooves, are not appropriate. He said he is not in favor of changing the sidewalk scheme or changing the color as they exist now. He did not think we needed a patchwork sidewalk situation in Huntsville. He said Mr. Russell apparently put in that new sidewalk over. there (19th Street) without consideration to what other people MINUTES OF CITY COUNCIL MEETING OF MAY 10, 1988 BOOK "P" 84 might think. He said as far as safety is concerned and using the sidewalk for what they are designed for, we need to make them as smooth as possible. He said color is an individual matter and he would not vote to change the color. Mr. George Russell noted as a clarification to Mr. Moak's comment that the brick stamped design would present unsafe grooves, stating he has intentionally not made a deep pattern there with deep cracks and the indentations are approximately 1/16th to 1 /8th inch deep and do not present a hazard to pedestrians. FORMAL SESSION Mayor Monday then called the formal session to order. Reverend Larry Grubbs of First Methodist Church presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to accept the minutes of May 3 1988 and Councilmember Carter seconded the motion. Discussion: Councilmember Knotts pointed out, in the discussion of the sidewalks, a correction on page 4 in that exposed "areas" should read exposed 'aggregate" and that the words "cookie- uttered" should read "cookie - cuttered," in that the "c" was missing. Councilmembers Barrett and Carter accepted this amendment to their motion. With these corrections. all were in favor of the motion on the floor and it passed unanimously. CONSIDER ORDINANCES Consider Ordinance No 88 -9 for claim and delivery of a certificate of obligation for the landfill compactor in the amount of $135.272 to the low bidder, J H Neiderhofer for financing at 7.1 percent for a four year period. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 88-9 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $135,272.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Pipes advised this is a four year certificate. He said the low bidder was John Henry Neiderhofer at 7.1 percent for those four years. He recommended approval of the ordinance. Councilmember Knotts made the motion to adopt Ordinance No 88 -9 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Consider ordinance amending section 12- 80-- Regulation of Ready Mix concrete vehicles, repealing the requirements related to local surety bonds. Mr. Gene Pipes, City Manager, presented this ordinance for the Council's approval. After some discussion about the ordinance concerning the designated weight limits per axle to be allowed, the Council felt it needed further study and amendment. Mr. Bounds said he did not bring the state statutes with him so questions could not be clarified until a review can be made. Councilmember Knotts suggested revising the ordinance to show it would be an offense to operate with a gross Load of concrete in transport that exceeds 8 cubic yards, rather than 7 1/2 cubic yards as 8 cubic yards would be legal on Highway 75 with an overload bond, but would not be legal on I-45. He said while we don't have it here now, the ordinance should also address trucks that may have an auxiliary axle; trucks equipped with it, he noted, can haul as much as 10 yards. Mr. Bounds said the concern addressed in the ordinance is how the weight is distributed over an __ 11 1 MINUTES OF CITY COUNCIL MEETING OF MAY 10, 1986 BOOK "P" 85 area and the axle distinction had to be made, noting the ordinance parallels state statutes in this regard. Mr. Bounds said one vehicle passing a street one time can tear up a street, especially if you can see it rippled the pavement when it crossed it. He said if the truck turns into a certain construction lot, one can usually go back and determine who did the damage and it can be established by circumstantial evidence. Councilmember Knotts suggested the city may be getting into too much of a hypothetical situation here and felt the biggest offender is the city's own garbage trucks on their front axles. Councilmember Green made the motion to table this ordinance for further study and Councilmember Belt seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION Consider Resolution 88-6 establishing a Substance Abuse Task Force to identify the scope of the problem and to coordinate activities of various groups working in the field Mayor Monday presented this Resolution, the caption of which is as follows: RESOLUTION NO. 88-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CREATING THE HUNTSVILLE AND DRUG ABUSE TASK FORCE; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. The Resolution provides that because of the Council's concern about the use and abuse of both alcohol and drugs in the city that the Mayor be authorized to appoint a Huntsville Alcohol and Drug Use /Abuse Task Force whose mission would be to identify the concerns of citizens regarding alcohol use /abuse and drug use /abuse; determine the extent of alcohol use /abuse and drug use /abuse; identify all elements within the community which deal with matters related to alcohol and drug use /abuse; recommend programs to solve or mitigate alcohol use /abuse and drug use /abuse generated problems within the community; and to recommend methods to coordinate existing resources and programs related to the alcohol and drug use /abuse issues. The resolution provides these recommendations will be made to the Council in writing. Councilmember Barrett made the motion to adopt this Resolution as presented and Councitmember Bell seconded the motion All were in favor and the motion passed unanimously. Mayor Monday said she will begin tomorrow to put together the structure and committee for this and will keep the Council informed. SUPPLEMENTAL ITEM-- SERVICE CENTER AIR CONDITIONER REPLACEMENT Consider replacement of the 1974 air conditioning system in the offices of the City's Service Center on Highway 75 North. Mr. Gene Pipes, City Manager, advised the 14 year old air conditioner has served this facility very well, but is now in need of replacement. He said the break -down had been anticipated for several years. He said he is seeking authorization to take bids to replace the system which is anticipated to be under $5,000. He said the City's purchasing policies allow the City Manager to approve budgeted items under $5,000. He said with the Council's approval on this unbudgeted item, he will then be able to take some action on the bids immediately so as to restore the system as soon as possible. Councilmember Barrett made the motion to authorize the purchase not to exceed $5.000. for a replacement air conditioner and for the City Manager to go out for bids on the system and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. MINUTES OF CITY COUNCIL MEETING OF MAY 10, 1988 BOOK "P" 86 MAYOR'S ACTIVITY REPORT Commendation to Linda Pease Mayor Monday read a letter from the Huntsville P.T.A. Enrichment Chairman, Ms. Judy Koehl, expressing appreciation to the City for the assistance of Linda Pease in making it possible for the Huntsville PTA to obtain a grant and sponsor five performances by the Texas Opera Theatre for grades 3, 5, 6, T, and 8 in all the schools. Ms. Koehl advised Linda has also been very helpful in assisting the PTA plan the enrichment programs. Ms. Koehl thanked Ms. Pease for her encouragement, noting she is a wonderful community resource. (Committee to Study Historical District Designation Mayor Monday advised we have had the information presented by Mr. Russell concerning city sidewalks. She said in order to resolve the sidewalk question, she would like to propose, with the consent of the Council, having several councilmembers begin to study an area to be formally designated as the historical district so that it can be considered for placement of a different type of sidewalk. She said she envisions this committee will begin by reviewing existing studies done along these lines, such as the Mainstreet Study, and that it will work with the Walker County Historical Commission to coordinate the information which will then become a part of the City's Master Plan. She said she has just received a Letter from James Patton of the Walker County Historical Commission, indicating the Commission is in the process of preparing a proposal to present to the City Council soon for the establishment of historic districts for the City of Huntsville. She noted then the Council can consider recommendations on the sidewalk pattern from this committee to tie the historic district together. She said she anticipates this committee could report back to the Council by July. Mayor Monday noted there seems to be a consensus of the Council to proceed with this process. She said this committee, however, will not address the Avenue 0 sidewalks, as those walks will be laid either this week or next week; therefore the city's current sidewalk policy must remain in force. Mayor Monday noted then if necessary, after the committee's recommendations are in, we can perhaps go over existing new sidewalks with some material to meet the plan's recommendations. Councilmmemmber Green asked if this could be done after the fact. Mr. Pipes said it would depend on the type of material. Councilmember Green noted he is thinking about the material on 19th Street with the brick stamped design. Mr. Pipes said he wasn't sure that type of sidewalk could be created on top of an existing sidewalk, unless a new two inch or so topping could be laid over it. Councilmember Green said he feels if the Council is going to go ahead and lay the pending sidewalks before the study is in, and we have a 'property owner that is willing to put in the sidewalk he desires there, that we leave the area in question (1800 Block of Avenue 0) off of the planned sidewalk construction project. Councilmember Knotts felt we should stay with one pattern on a block and felt all sidewalks on city property should be the same, except perhaps in the historical zone. Councilmember Green said he has taken time to look at the walks in Huntsville and said the 19th Street red brick stamped walkway doesn't look that bad. He said he would leave the 1800 block of Avenue 0 off of the project. Councilmember Carter noted if it is appropriate and this is a motion, he would second it. Gene Pipes noted a vote here would be out of order as this matter is not on the agenda. Councilmember Bell expressed his feeling that he would like to see the sidewalks -on Avenue 0 come to completion as soon as possible. Councilmember Barrett said he'd like to look at the pea- gravel type sidewalks, along with the red, since pea- gravel is what Sam Houston State University is using extensively; noting different patterns should be studied because if people object to the red sidewalk, they may not object to the other. Councilmembers Bell and Knotts advised the Council of the strong objections to the red sidewalk of James D. Long, an Avenue 0 property owner who resides at Spring Lake. The discussion then ended and the Council went on to the next item on the agenda. 1 D MINUTES OF CITY COUNCIL MEETING OF MAY 10, 1988 BOOK "P" 87 COUNCIL ACTION Request to Consider Change of City Election Date Councilmember Carter said he hoped the Council will again consider changing the election date for city council from January to May, noting the May election had a much better turn out than the one in January. He felt the argument that a newly elected person comes in during the middle of budget discussions is not valid as we have just now begun that process. Councilmember Barrett advised of the importance of having some city government experience before a new councilmember is asked to set the budget. Councilmember Carter said he would not debate this tonight, but that he would like to see it on the agenda for action again soon. He said he is glad the other members of council will have to experience campaigning over the holidays this fall as they may have a different attitude about it after the election. Hotel -Motel Occupancy Tax Delinquency Problem Councilmember Carter asked the City Attorney, Scott Bounds, about the status of the delinquent hotel /motel tax payers, noting he sees additional entities now appearing on the list. Scott Bounds advised three new delinquencies appear on the report: Holiday Inn, The Whistler, and the Center Motel. He said the Latter two of these three are small facilities. He said the remaining ones listed on the report are carried over from prior years; one of which is a bankruptcy which may be uncollectible; the other being an owner who is currently nonexistent; and the Royal T Motel will be discussed with Council soon concerning the Houston Law firm's work on that property. He said the bankruptcy has been dismissed so the city's collection efforts will go back to the individual owners outside of that bankruptcy action. Mr. Bounds advised the Holiday Inn had been delinquent by two quarters, but caught up on those and is now delinquent the quarter that just passed on March 30. CITY MANAGER'S REPORT- -GENE PIPES Solid Waste Steerina Committee Meetina Gene Pipes advised the Solid Waste Steering Committee will have a brief meeting directly after this meeting and he asked the members to stay for that. Prebudget departmental overview: Utilities Fund- -Water and Sewer Operations and TRA and Capital Improvements Mr. Boyd Wilder, Director of Public Utilities, then presented an overview of his department, highlighting each division, the number and classification of the employees within it, the function of each division and the responsibilities of each of its employees. This information was designed to inform the Council of the Department's role and scope prior to the Council's review of budget considerations. ADJOURNMENT Respectfully submitted, r r uth DeShaw, City Secretar May 10,1988