MIN CC 05/17/1988CITY COUNCIL MINUTES Of MAY 17, 1988 BOOK "P" 88
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF MAY, 1988 IN THE CITY HALL COUNCIL
CHAMBERS LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:30 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 Bards, City Attorney
William L. Hammock Percy Howard, Jr. Ruth DeShaw, City Secretary
William H. Knotts, Jr.
CALL TO ORDER AND RECESS TO EXECUTIVE SESSION
Mayor Monday then called the meeting to order at 6:30 P.M. and then recessed the Council into an
executive session to discuss pending litigation, to -wit: Justice V. City; Johnson V. City; Acker V. City;
Schaper V. City; as well as a real estate matter concerning moving a sewer line easement on 10th Street.
After a general discussion and update, the Council completed its executive session discussions at 7:00 P.M.,
with no formal action was taken by the Council.
CITIZEN INPUT
Carolyn Birmingham to discuss school crossings
Mrs. Birmingham addressed the Council on behalf of the P.T.A. officers, requesting the city to
install at Gibbs Elementary School, flashing school zone signs on 19th Street, school zone signs on 18th
Street; and crosswalks on all four corner intersections around the school. Gene Pipes, City Manager, advised
the school zone signs on 18th Street can be easily installed; however, the problem with flashing school zone
signs is the lack of city funds to place them at all the schools. He said he has been visiting with Mrs.
Birmingham and Dr. Tacker, Superintendent of HISD about this matter for several weeks concerning the
proposition that the school make the request and fund the $1,200 or so per flashing light installation with
the city crews available to install them. He said he has not received a response from HISD on this proposal
to -date, but he will be happy to place a call in the morning to find out. He said Mrs. Merchant, Principal
of the Gibbs Elementary School, has made this same request. He said the lack of funding has prevented any
action on this. Mr. Pipes advised he would report back to the Council next week. He said the crosswalks
are repainted each year just prior to school starting and this will be done again this next school year.
Mrs. Birmingham noted there are no markings visible at all at this time. Mayor Monday suggested replacing
those painted stripes. Mayor Monday asked Mrs. Birmingham to provide the City with a letter detailing her
exact requests and the locations so that each item can be addressed. She said the staff will then get back
with her based on her letter. Councilmember Carter noted it had been previously suggested that a four -way
stop sign intersection be initiated on 18th and Avenue G so as to slow down the traffic on 18th Street at
the school. He said this was never done, but should be considered again.
Dorothy Mae Jones to discuss need for water
Mrs. Jones reported she has a letter from the city advising what it would cost for a water line
extension to her property across Loop 405 on Renfro Valley Drive and indicated it is more expensive than she
can afford. She said there are only three people on her street that need water and they are on property
between two water lines: one to Little Bethel Trinity Baptist Church and one to Mt. Calvary Missionary
Baptist Church. Mrs. Jones' second problem concerns a newly constructed 24 ft. X 18 ft. carport that the
city "red tagged." She said she is unable to get the individual she is working with to come back to finish
it. Mayor Monday advised the staff will review these problems and report back to the Council next week, at
which time Mrs. Jones will be contacted with a response.
1
CITY COUNCIL MINUTES OF MAY 17, 1988 BOOK "P" 89
Donnie Tubbs to discuss need for water
Mr. Tubbs, a neighbor to Mrs. Dorothy Mae Jones, also requested water service. He advised there are
no fire hydrants there and some time ago a neighbor's home burned down. He said of all the city services
that are not available to him, the one he wants the most is the water and a fire hydrant; or at least
provide Mrs. Jones with water and have a fire hydrant available in the area for his protection. Mayor
Monday noted she will ask the staff to look into this situation and report back to the Council next week.
Pamela Olson to speak in support of red sidewalks
Ms. Olson advised of her feeling that Mr. George Russell's attempt to have red brick -like sidewalks
installed is only an effort on his part to beautify this neighborhood. She said she could not understand
the city trying to "curb" his efforts. She noted he is even trying to pay for the additional costs, which
is commendable in these trying economic times. She said the Council indicated they will research this
matter and she hoped they would and not just set it on the back burner hoping it will go away. She said it
has been said that one homeowner is against the red sidewalk. She said Mr. Russell owns most of the land in
the neighborhood and pays taxes on it. She advised she was always taught that "majority rules," noting if
everything always had to be unanimous, no one would ever be elected to political office. She said she feels
that if someone else had wanted to make improvements to these sidewalks, such as Bob Hardy or Bill Nash, it
would already be done and everyone would be talking about how great they look.
Kerry Williams to discuss the Everett Wilson Illeoal Subdivision
Mr. Williams' concern involved the former Everett Wilson property on FM 1374. He said Dr. Everett
Wilson had a chance to bring the property up to city standards, but the problems are still unresolved as he
did not follow through. He said he and others are trying to buy the houses but cannot do so from the
mortgage companies until problems are resolved concerning the road, easements, sewer lines, etc. He said
the problem is long overdue for resolution and he is anxious for something to be done. Three different
companies are involved in this, he said: FDIC, Citicorp Mortgage Company and Lamar Savings. He asked that
the City move forward in communicating with these mortgage companies so action can be taken and the
properties can be bought. He said it would make a nice subdivision if something could just get done about
the problems. He advised the mortgage companies have the required surveys but have not sent them to the
City of Huntsville because they say the situation is helter- skelter as far as the easements and the utility
Lines are concerned. He said we need to press action against Citicorp Mortgage and Lamar Savings to get
some action out of them so the people can buy the houses. He asked for action within 30 days through the
Lawyers of Citicorp Mortgage and Lamar Savings in order to get those surveys so all parties can see what has
to be done and get it done; and if nothing is done in 60 days, the city should file a lawsuit against the
owners.
FORMAL SESSION RECONVENED
Mayor Monday then called the formal session to order. Pastor Brian Gigee of Prince of Peace
Lutheran presented the invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Councilmember Barrett made the motion to adopt the minutes of May 10 1988 and Councilmember Howard
seconded the motion. All were in favor and the motion Passed unanimously.
CITY COUNCIL MINUTES OF MAY 17, 1988 BOOK "P" 90
CONSIDER PROPOSAL BY EDUCATIONAL FILMSTRIPS & VIDEO FOR SIDEWALKS
Consider a proposal by Educational Filmstrips & Video to faux brick Dattern and surface red dye a portion of
the sidewalk replacement proiect in front of 1822 Avenue 0
Mayor Monday noted it is the Council's policy that all sidewalks built by the city will be gray
unless there is a specific request for the use of other materials, colors, etc., and then the Council would
review each of those special requests for approval or disapproval. Mayor Monday also noted the council
decided to use a committee to study a possible historic area for highlighting by red brick paver sidewalks
or the patterning of the red concrete walks. She presented the request from George Russell of Educational
Filmstrips to pay for the additional costs to place a faux brick and surface red dye sidewalk in front of
1822 Avenue 0, an historical residence he is renovating, formerly the home of Sheriff Thomas E. King.
Councilmember Gaines advised she understands the Council decided that if a block was to be done in
sidewalks, that all the property owners had to agree, and also that we did not want to use the red dye until
a study was done to designate an historical area, at which time other materials would also be considered
other than the red dye. Councilmember Gaines noted if the City is going to do historical highlighting, it
may not be able to do an entire block as there may be things on that block that are not historical and if
this is true, she would see no objection to having a particular house highlighted in a particular way if it
has historical value for the City. She said the house Mr. Russell wishes to highlight has some historical
value in that it was the home of a sheriff for the County. She said if we are going to highlight our
historical areas, even though no formal study has been done, we have to start somewhere so as to not miss an
opportunity. She indicated we have already lost too many of our historical buildings and if we are going to
recapture that, we have to start at some point in time.
Councilmember_ Gaines then made the motion that the City allow Mr. Russell to put down the red brick
stamped sidewalk in front of the home at 1822 Avenue 0 to the city's standards Councilmember Carter
seconded the motion. Discussion: Councilmember Bell clarified this isn't the property owners property, but
rather the city's across which the sidewalk will be placed. He also expressed his concern that the city
would become a patchwork of different colored sidewalks if it didn't have an organized plan. Mayor Monday
advised the City is definitely moving toward historical preservation as it relates to tourism. She saw no
reason to penalize an historical structure just because it is not in the downtown area and does not then
qualify for historical highlighting. She said there are many historical buildings in different areas and if
their owners so wanted to highlight their house with historically compatible walkways, she would not want to
keep them from having that opportunity. Councilmember Gaines advised the fear of a patchwork sidewalk look
is not valid as that is exactly what we have now in that they are of many different colors and start and
stop randomly. Councilmember Knotts said he would vote against this motion noting the city will have to
address the problem of replacing that red stamped brick sidewalk when it has to go in to repair water Lines
and he felt the Council should decide that tonight as this problem will come back to haunt the City.
Councilmember Carter said red sidewalks are the types of distinctions found in cities that attract
people to those cities. He said cities have all types of developments and all types of sidewalks. He said
wealthy people often control the types of sidewalks in front of their homes and property in order to make
their property distinctive. He saw no problem having different colored sidewalks in different parts of the
city, depending on what the individual property owner wants or the Historical Commission might deem
appropriate. Councilmember Barrett said anything the City can do to promote tourism will help our city and
if we will become known for our historical areas, he would be in favor, especially if the owners of the
properties involved are willing to do this highlighting at their own expense. He felt the work on the
sidewalks should be coordinated with the city crews and done at the same time so that the crew would not
have to go out at a separate time to do that work. Mayor Monday noted the money would have to be presented
in advance and the sidewalks constructed according to the city's construction standards.
CITY COUNCIL MINUTES OF MAY 17, 1988 BOOK "P" 91
Councilmember Gaines added she feels when the city accepts a location for the use of historical
sidewalk highlighting that the City also be provided with sufficient documentation to support the historical
significance of the property, so that the city will have it on file for future reference, should the
question ever be raised as to why that particular property was selected for the historical highlighting, and
that this should be one of the provisions of accepting an area for that distinction. This suggestion then
received the consensus of the majority of the Council. Upon a vote on the motion on the floor, all were in
favor except Councilmembers Bell and Knotts who voted opposed. The motion, however, passed by a vote of
seven to two.
Councilmember Green then asked the staff to put on the agenda consideration of the proposed policy
for who pays for the cost of repair and maintenance for these red brick stenciled sidewalks when sections
are removed as a result of utility repairs or who pays for repairs when some type of damage to them is done,
noting he agrees with Councilmember Knotts that this will ultimately be a consideration. Mr. Pipes advised
the staff will report back on their recommended policy in that regard.
REVIEW VARIOUS REPORTS AND ANALYSES
Review Quarterly Budget Report: Analysis of Revenues: Quarterly Tax Report: Sales Tax Analysis• Tourism
Budget Report: Hotel-Notel Tax Report: recommendations on available funds: and the 1988 effective tax rate
worksheet.
The Council then review in detail each of the above reports. There were some questions from
Councilmember Carter concerning the city's budgeting methods and on how certain figures were calculated.
Patricia Allen, Director of Finance, indicated she would provide more detailed information for Councilmember
Carter. There was some discussion to clarify some of the figures.
In reviewing the 1988 effective tax rate worksheet, Mr. Gene Pipes, City Manager, advised the
Council the city has received from the Central Appraisal District a copy of the worksheet for the city's
effective tax rate. He said the worksheet shows total taxable value of $399,493,300 for FY 88 -89 as
compared to $400,836,960 for the current FY 87-88. He advised new property added to the tax roll was
$4,131,958, which means decreases to property on the roll in 1987 of $5,475,618. While these are
preliminary figures and not the certified roll, he advised the city's calculated rate, according to this
worksheet, is 52.94 cents before adjustment for the 1/2 cent sales tax. The reduction for sales tax, he
noted, based on the required formula results in a 15.95 decrease, for an effective tax rate of 36.98 cents.
The total revenues generated at this rate would be $1,314,889, but funds available from O&M in 87 -88 total
$1,386,131, therefore, there is a loss to O&M fund in the amount of $71,242. Mr. Pipes said to generate the
571,242 loss would require a 1.92 cent tax increase or a tax rate of 38.90 cents. Each 1 cent of tax
generates $37,150 at the 93% collection rate.
Patricia Allen, Director of Finance, noted in a memo to the council that the reason for the loss of
revenue is a change in the formula for calculating the effective tax rate. In the past, she noted,
increases in debt service raised the calculated tax rate. However, under the new method of calculation, she
explained, increases in debt service are ignored and only total dollars generated are compared. our debt
service increased from $594,316 to $738,422 because of the bond issue, she advised. This increase of
5144,106 thus reduces funds available for O&M purposes, Ms. Allen stated. She reported to generate for O&M
purposes the same dollars as last year (93% collection rate); the following rate is required: debt service:
18.75 cents; O&M: 20.15 cents, for a total of 38.90 cents. She also explained this rate compares to 38.5
cents as discussed during the bond election. To charge this rate, she said, the 3 percent allowance will be
exceeded and hearings are required.
Mr. Pipes noted it will be a difficult thing to explain to the taxpayers at this point as we were
unaware the method of calculating the tax rate would change and the factors of debt service would be taken
away coupled with a change in evaluations. Councitmember Green expressed disbelief that the method of
CITY COUNCIL MINUTES OF MAY 17, 1988 BOOK "P° 92
computing the tax rate has change to the point that this type of shortfall would occur and asked that the
method be clarified. Councilmember Hammock expressed the feeling that there could be no tax increase and
that the city will just have to make up the $71,242 some way. The staff was asked to look into the matter
in more detail and report back to the Council at the next meeting.
CONSIDER QUARTERLY BUDGET ADJUSTMENTS AND AVAILABLE FUNDS RECOMMENDATIONS
Councilmember Barrett made the motion to approve of the budget adjustments as of the month ended
April 1988 and to approve the available funds recommendations as set out in a memo from Patricia Allen,
Director of Finance dated May 12 1988 Councilmember Gaines seconded the motion. All were in favor and
the motion Passed unanimously.
CONSIDER AIR CONDITIONER BIDS FOR SERVICE CENTER
Consider the bids for air conditioner replacement at the City's Service Center to Huntsville Air
Conditioning in the amount of $1.988.
Mr. Pipes, City Manager, presented the staff's recommendation for the lowest bid meeting
specifications, submitted by Huntsville Air Conditioning in the amount of $1,988, to replace the 1974 air
conditioning unit for the service center. He advised funds need to be transferred from future allocations.
Councilmember Howard made the motion to approve of this low bid and Councilmember Knotts seconded the
motion All were in favor and the motion passed unanimously.
CONSIDER THE WILSON SUBDIVISION
Consider the subdivision of the Wilson property adjacent to FM 1374
Mr. Scott Bounds, City Attorney, reviewed the history leading up to the current situation with this
property. Mr. Sorry Davidson of the City's Planning Department, advised in a memo dated May 13, 1988 and
August 25, 1987 that Dr. Everett Wilson constructed between March of 1979 and September of 1982, five
structures in a mix of single and multiple family dwellings on a 1.8 acre tract owned by him in the John
Hume Survey, Abstract 264, Walker County, Texas. He said the 1.8 acre tract is located on the east side of
FM 1374 and is bounded on the south and east by Pine Shadows Subdivision and on the north by an 0.75 acre
tract owned by Charles Smither. He advised in 1980, the city annexed up to the eastern border of this tract
and in 1981, his tract was annexed. Mr. Davidson reported 1980 correspondence reveals Dr. Wilson was
advised at that time that he was creating an illegal subdivision and it was suggested, considering the
extremely small area he had to work with, that he consider turning the project into a condominium. Although
Later correspondence indicates Dr. Wilson initiated action to follow through with the suggestion, the work
was never completed. Subsequently, Mr. Davidson said, the property was divided between Dr. Wilson and Mrs.
Delores Wilson as part of a divorce settlement and currently, the property has been repossessed by various
Lending institutions, leading to the current problems. He advised there is no means of public ingress and
egress to four easternmost tracts; no utilities in public easements; no public sewer; inadequate room for a
right-of-way; insufficient depth for lots; no paving, no addresses, among other not so immediately apparent
problems.
After some review and discussion, Scott Bounds recommended authorizing him to speak to the
different owners of the property to communicate that they do submit a plat within a certain time to convert
the property to a condominium and that if they do not begin the steps to subdivide the property properly,
that he would probably come back to the Council for authorization to file some type of a suit for
declaratory and injunctive relief for damages so that the city could properly subdivide the property at the
owner's expense and that the owners be precluded from selling the property. It was the consensus of the
City Council to authorize the City Attorney to pursue resolution of the problems as outlined.
1
C
CITY COUNCIL MINUTES OF MAY 17, 1988 BOOK "P" 93
MAYOR'S ACTIVITY REPORT
Senator Kent Caperton, Chairman, Senate Finance Committee
Mayor Monday advised the Council that Senator Kent Caperton has just been appointed to the
prestigious position of Chairman of the Senate Finance Committee. She advised he has renewed his commitment
to the City of Huntsville, and noted this appointment may be beneficial to the City of Huntsville in future
state financial considerations.
Tourism Week--May 15 -21, 1988
Mayor Monday reminded the Council of the V.I.P. Reception in honor of Texas Tourism Week to be held
at the Chamber of Commerce at 5:30 P.M. on Wednesday, May 18, 1988. She passed out the new red tourism
buttons with red streamer for the Council to wear which stated: "We Love Company, Huntsville, Texas."
Personnel Committee Meeting to Follow Formal Session
Mayor Monday advised the personnel committee of the Huntsville City Council will be conducting a
committee meeting immediately after the formal session to review committee procedures germane to the review
of the performance of Charter Officers.
COUNCIL ACTION
Avenue 0 Work Crew Complimented
Councilmember Gaines passed on a compliment from a citizen concerning the manner in which the
workmen on the Avenue 0 curbing project had cooperated with the property owners there. She wanted to pass
on the comment so that Mr. Poteete might pass it on to the crew.
CITY MANAGER'S REPORT- -GENE PIPES
Meeting calendar adiustments: City of Crockett City Council visit on May 24
Gene Pipes advised the Council the next meeting would be to host the City officials from Crockett
and that there would be no formal session held. He advised the City of Crockett officials will review
Huntsville's capital bond infrastructure rehabilitation program; its comprehensive utilities and streets
research -- computerization program; and the bond issue information presented to the voters. The next regular
meeting will be as scheduled, on June 7, 1988.
Pre-budget departmental overview: Sanitation Fund Departments
Mr. Johnny Poteete, Director of Public Works, then presented the overview of his department and its
various service divisions. This information was intended to update the council prior to beginning budget
considerations.
ADJOURNMENT
y
Ruth DeShaw, City Secretary
May 17, 1988