MIN CC 09/20/1988I
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MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 155
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF SEPTEMBER, 1988 IN THE CITY HALL
COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:25 P.M.
The Council met in a regular session with the following members present:
Jane Monday, Mayor William B. Green City Officers present:
0. Eugene Barrett Percy Howard, Jr. Gene Pipes, City Manager
Gary Bell William H. Knotts, Jr. Scott Bounds, City Attorney
James L. Carter Ruth DeShaw, City Secretary
Ila G. Gaines Member absent.
William L. Hammock
CONVENE AND RECESS INTO EXECUTIVE SESSION
Mayor Monday called the meeting to order at 6:25 P.M. and then recessed into an Executive Session
to consider pending litigation: Schaper V. City and Acker V. City et. al. After a general update and
discussion of the Acker litigation with the attorneys working on the case, no action was taken. The Council
agreed to resume the executive session after the formal session, to receive an update on the Schaper case.
RECONVENE FOR CITIZEN INPUT /INQUIRY SESSION
Trent Powell and Jane Baker. representing the 5th Grade Class of Stewart Elementary School (Gloria Peterson
teacher) to address the Council concerning a burned out moving van on private property adjoining school
property
Miss Jane Baker and Mr. Trent Powell of the fifth grade then introduced themselves and recognized
their classmates in the audience and their teacher, Mrs. Peterson. Mr. Powell said the students wrote and
edited themselves a letter to the Council. He then read the letter to the Council, as follows:
"We, the students of Stewart Elementary, would like to call your attention to a very hazardous burned -out
truck trailer. It is located on private property next to our school on the left -hand side. This
horrible - looking garbage also makes our area look bad. There are several large pine trees that are now
dead. When we called the city, the policeman, Lt. Mark Pemberton, quickly checked the place. Mrs. Regina
Ginsel had also called the city about this. We found out he could not give a ticket unless it had a motor.
The Health Department was notified, and they said it should be removed because it was dangerous to our
health. We would appreciate it if you could contact the owner so he could tend to this problem. Thank you
for listening to us and for helping us."
The letter was signed by Gloria Peterson, Fifth Grade Teacher; and the students: Elisha Thompson,
Jane Baker, Iris Megia, Veronica Pineda, Ketli Smith, Jennifer Hines, Jacob Nolan, Jay New, David Gibson,
David Holleman, Ebony Harrison, Trent Powell, Matthew Howey, Milton C. Widner, James MacDonald, Dana
Plattenburg, David Yang Lang, Stephen Blalock, Dale Moody, Kim Powell, Mary Allen and Steven Ringo. Copies
were then passed out to the Council by Miss Baker and Mr. Powell.
Mayor Monday thanked the children for this presentation and advised this request will be sent to Mr.
Gene Pipes, City Manager, and he will send it on to whichever staff members it may concern and they will
evaluate this request. Their response will be communicated in writing or presented verbally at an upcoming
meeting, or Mr. Pipes can come to their classroom to advise what the City can do, she said. Mayor Monday
asked the students to advise which method of response they would prefer and that the city will be happy to
respond in that mariner.
MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 156
Mr. Jack Spence Highway 30 East 291 -1903 to discuss Annexation
Mr. Spence advised he has reviewed the "Comprehensive Annual Financial Report" of the City of
Huntsville. He noted information in this document support the reasons those who live outside the city have
no desire to become a part of the city. Mr. Spence addressed his comments to Councilmember Bell, noting on
one occasion in the past Councilmember Bell stated he paid only $75.00 in city sales tax in a year. He said
based on Table II of this publication, the city has received $1.469 million in sales tax for the 1986 -87 tax
year. He said based on the projected population in this document, that turns out to be (452.00 per person
and 25% of the gross revenue earned by the city for that year, not 14 percent. He said he is one of those
who contributes to that almost one and one -half million dollars in sales tax. He said that will increase if
it remains the same for the coming year by 5732,000 and will produce, therefore, 52.203 million which will
exceed the property tax revenue, because the city is going to get another one half of a percent, yet the
city wants to annex five areas solely for the purpose of increasing tax revenue to the city. He said the
council had a scheduled public hearing a week ago last Monday and that was cancelled. He said he sincerely
hopes the Council does not assume the position that maybe if you ignore us we'll go away. He said he
sincerely hopes the Council will be considerate that these people have no desire to become citizens of
Huntsville. He said others feel as he does that what part of the city services they use, they support. He
said the Council has no intention of giving those areas anything in return for the taxes they will levy and
they will deprive the citizens of their freedoms He said the citizens do not necessarily have anything
against the city, they just don't want to live in an area where they can't cuss a cat without getting fur in
their mouth.
FORMAL MEETING RECONVENED
Mayor Monday then reconvened the formal session. Father Mitchell Keppler of St. Luke's Chapel
presented the invocation.
CONSIDER THE MINUTES OF THE SEPTEMBER 6, 1988 MEETING
Councilmember Barrett made the motion to approve the minutes of September 6. 1988 and Councilmember
Howard seconded the motion. Discussion: Councilmembers Carter and Green noted several amendments that
needed to be made, as follows: Councilmember Carter clarified a statement in the third paragraph of page
151, second last sentence, noting it should be changed to read: "He said that is about the only point made
in the hearings to which attention should have been paid." Councilmember Carter then referred to page 153
under the discussion of the Historical Committee. He said he reviewed the record of the meeting discussed
in this section and to the best he can tell, the Mayor was correct as the Council apparently did not take
any action, when it received the historical map, but he would argue that means the Council ought to take
some action now, but that is not a part of the minute adjustment here. He then asked that the words ". .
.noting historical structures are subject to condemnation . . ." be stricken from the record, because what
he said was that at least one historical structure had already been condemned, not just that they are
subject to condemnation. He then asked that the word "those" be stricken as it was used later in that
sentence before the words "structures identified . . ." Councilmember Green then requested that the
annexation discussion, after the amended motion on annexation was made, be included in the minutes. [Note:
In lieu of that discussion, the minutes had included only the following sentence: "After some further
discussion and clarification of the next step, a vote was taken on the motion, as amended."]
Mayor Monday noted since there seems to be a need for more review of the minutes before approval,
perhaps the minutes should be tabled. Councilmembers Barrett and Howard agreed to withdraw their motion to
approve and then made the motion to table the minutes at this time. All were in favor and the motion
passed unanimously.
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MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 157
ATTENDING CITIZENS
Mr. Bill Tubbleville. representing the Forest Hills Deed Restriction Committee, to address the Council on
the maintenance of vacant lots in their subdivision
Mr. Tubbleville thanked the Council for making it so easy to get on the agenda. He said he didn't
think the Council could make it any easier, and as a citizen, he thought that needs to be said and he
appreciates it.
Mr. Tubbleville said he is there representing the Forest Hills Committee which has the
responsibility for enforcing the deed restrictions within Forest Hills. He said the committee was formed on
November 17, 1986 at the request of the developer and then pursuant to their reservations and restrictions.
He said the committee is composed of three elected members from each of the five sections in Forest Hills.
All decisions are made by that 15 member committee. He said their purpose is to preserve property values
within Forest Hills. In general, he said, their approach has been to first seek the cooperation of all the
property owners in Forest Hills and then where conditions exist that are also in violation of the city
ordinance as well as their restrictions, they have cane to the city for help. He said that approach has
worked fairly well except where property owners have either refused to cooperate with them or comply with
the city. He said now a situation has developed which they believe deserves the city council's attention.
He said that situation is described in a letter he has placed before each of the Council. He then read the
letter, which is reproduced, as follows:
"To: The Mayor and City Council, City of Huntsville, Texas
'Subject: Consistent and uniform enforcement of City ordinance
"1. Since June 1987, one of the goals of this committee has been to get the vacant lots located in
Forest Hills cleaned -up and maintained as is required by city ordinance which makes it unlawful to
'allow weeds, rubbish, brush, or any other unsightly, objectionable, or unsanitary matter to
accumulate or grow' on such lots.
142. This Committee has been able to obtain the cooperation of some property owners. When it became
clear that others would not cooperate, we sought help from the City. In September 1987, the City
Attorney indicated that the City Ordinance would be enforced upon receipt of a written complaint and
that the standards used would be as follows:
a. Grass and weeds -9 inches (maximum allowed).
b. Required removal of brush, trees, or shrubbery under 4 feet which are not cared for or
cultivated
c. Required removal of trash, garbage, fallen trees and tree limbs or other unsightly matter.
113. On October 14, 1987, this Committee made written complaint to the City Attorney concerning 11 vacant
Lots and the drainage ditch west of Elmwood in Forest Hilts (some results were observed).
114. on May 19, 1988, this Committee again made written complaint to the City Attorney about 10 of the
same lots and the drainage ditch west of Elmwood. All but 2 of these tots were cleaned -up. The
drainage ditch has been partially cleaned.
115. Now, the standards for enforcement of the City apparently have been changed with respect to wooded
lots. The City Attorney recently stated that the City would no longer require the removal of brush,
trees, or shrubbery under 4 feet which are not cared for or cultivated, except those within 10 feet
of a street.
a. There are 20 vacant lots remaining in Forest Hills--10 of which are wooded lots.
b. Of those 10 wooded lots, 8 have been cleaned -up at some expense to the property owners; there is
no evidence that the property owners of the 2 other wooded lots have ever attempted to comply
with the City Ordinance as it was interpreted in September 1987.
116. This Committee believes very strongly that the inconsistent and lack of uniform enforcement of a
City Ordinance, as indicated herein, reflects unfavorably upon the City Government, is unfair to
those property owners who have cooperated, and unwise from the standpoint of public safety. Not
MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK uP" 158
only are these unkempt wooded lots unsightly, they are also objectionable in that they are a place
of refuge for large rats and other undesirable creatures and a hiding place for those
"up- to-no- good."
Therefore, it is respectfully requested that:
a. The City Ordinance pertaining to the upkeep of lots within the city be consistently and
uniformly enforced now and in the future using the same standards as were stated by the City
Attorney in September 1987 (see paragraph 2)
b. The large drainage ditch west of Elmwood be completely cleaned and maintained as is required for
city lots.
117. In closing, we also believe a comment about the requirement for a written complaint before a City
Ordinance is enforced is appropriate. It seems to us that, once a neighborhood points out
conditions that are objectionable and in violation of the law, the City should require compliance
and then routinely and periodically check to ensure continued compliance with the law. Citizens
will then come to understand that City Ordinances apply equally to everyone and that they will be
consistently and uniformly enforced.
This letter was signed by B. C. Tubbleville, Section I; Lloyd C. Martin, Section II; Jim O'Hare, Section
III; Robert Eubanks, Section IV; and Joe Moore, Section V. Mr. Tubbleville added that at least one half of
the 20 vacant tots in Forest Hills are in violation of the law today.
Mr. Scott Bounds, City Attorney, asked Mr. Tubbleville about the criteria he said was established on
September 19, 1987 so as to refresh his memory. Mr. Bounds said he remembers that date is when Mr.
Tubbleville was in his office and they were just discussing the matter. Mr. Tubbleville said that was the
first occasion he visited about City Ordinance Section No. 11 -34. He noted he asked for a definition of a
lot as used in this ordinance and Mr. Bounds replied the lot is any piece of property in the city that has
been subdivided into building sites and he (Bounds] then outlined the three standards that would be enforced
in this ordinance and stated further that this had come up before and the procedure would be, for those who
Live within the city, that after they had the opportunity to clean up the lot, failure to comply would
result in them being brought to the city court and if they lived out of town, the city would clean it up
and place a lien on the property as is outlined in the ordinance. Mr. Bounds noted at a later meeting Mr.
Tubbleville and Mr. Woodward discussed vegetation that was "cared for" or "cultivated" could be a
distinguishing factor in the ordinance and he had asked how that would be distinguished in certain
situations, noting he felt that would be an unworkable distinction. Mr. Tubbleville said they would look
at an occupied lot from a different perspective, but if it is a vacant lot that is unkempt, there is no
question that it would be "uncared for and uncultivated." Mr. Brian Woodward then spoke from his seat in
the audience noting the lot they were discussing was the Mayor's lot and the way she maintains her lot is
such that one can't tell if it is cultivated or not, but the lot that is a problem is right next door to
that and it obviously isn't cultivated. Mr. Woodward said he didn't think they had discussed what was
cultivated or what was not. Mr. Bounds said that is his point in that the policy that was attributed to him
in September of 1987 is not exactly the policy he stated at the time. He said at least to the extent that
it talks about care and cultivation, and while that was brought up as being a policy, he pointed out that
would be a problem. Mr. Woodward noted they were talking about vacant lots, not occupied lots. He said the
criteria the city gave them was for vacant lots and the question he brought up was on an occupied lot.
Councilmember Carter requested that the person in the audience identify himself for the record,
since he is not registered to speak. Mr. Woodward said everyone knows him, but he understood since he is
not the one registered, he will not continue to speak.
Mr. Bounds noted at some point long ago, he did speak to individuals from Forest Hills who had some
complaints about lots in Forest Hills. He said he discussed with them and the city's general policy, but he
does not recall if he said if it was grass and weeds nine inches tall or whatever and it is his
understanding in talking to the Health Department that our measuring stick is 14 inches tall and that is
the policy the city is using. He advised the city generally does require the removal of dense brush and
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MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 159
trees under four feet and that it generally requires litter, refuse, trash, garbage to be picked up on the
Lots. He proceeded to forward those complaints, - without any special instructions, to the Health Department
which handled those types of complaints to the city. He said apparently they did have some success at least
at some point in time. He said all but two of the eleven lots have been cleaned up and there were more than
eleven lots referred originally. He said his policy has generally been such that when he receives a
complaint, he turns that portion of the complaint dealing with the nature of what is growing on the lot,
over to the Health Department without any instructions and they handle it in their normal procedure.
Generally, he said, the Health Department does have a policy, which he subsequently explained to Mr.
Tubbleville concerning the buffer aspect of the policy and if one goes around to various parts of the city
one will be provided instances where that has been enforced. He said due to the wooded nature of Huntsville
and some of the large acreage tracts in Huntsville, what the city tries to develop as a workable policy is
that if the city gets a complaint with regard to how a lot is being developed, rather than requiring the
Lot to be cleared and mowed, the city requires that a perimeter around the lot be cleared and kept clear,
and that all the trash, refuse, building material, garbage, etc. on the tot be picked up and removed, but
that one can maintain some degree of brush on the lot. He referred to a lot at Avenue 0. and 17th Street,
which is designated as a bird sanctuary by its owner, noting these types of lots are common all over the
city. He said everyone received the same letter initially when the city received the complaint, and the
city enforces this on a complaint basis, and some people may take more extreme measures to comply with the
ordinance than others, but it is his understanding that all but one of the lots has been checked by the
health inspector. He said they have been picked up, cleared and mowed around the perimeter and generally
comply with the ordinance. He said there is one lot on which the city has not been able to obtain
compliance, that had a problem with ownership. He said part of this situation relates to the finances of
the city in that it does not budget a tot of money to go out to mow lots when the owner does not comply. He
said another situation is when a lot goes to a foreclosure or divorce and it is hard to identify the person
that should be filed upon. He said these matters were discussed with Mr. Tubbleville. He said when the
complaint came back in, he referred it to the Health Department and he has not checked on the status of it.
He said the general policy is to require, on a basically open lot, that the weeds be kept 14 inches or less,
that all the trash and other debris be removed, and if it is a brushy type lot that may cause a health
problem, that a perimeter around the property be mowed or cleared, noting it is enforced on a complaint
basis through the Health Department.
Mr. Tubbleville asked if he could respond briefly, noting he does not want to get into an argument,
but he does want to respond. Mayor Monday asked Mr. Tubbleville to take up whatever other questions he may
have with Mr. Bounds later.
RESPONSE TO MR. TUBBLEVILLE'S PRESENTATION
Councilmember Green asked if the Council is supposed to respond in some way with regard to the
attending citizen or is this to be strictly between the attorney and the citizen; noting he is unsure of the
procedure. Mayor Monday said probably the city can and she felt Mr. Bounds will want to respond.
Councilmember Green asked if it is our procedure to respond to Mr. Tubbleville in our meeting next week.
Mr. Pipes said an attempt is made to get back to individuals the following week whenever they appear
unscheduled, such as during the citizen input /inquiry session as the fifth grade students did this evening.
However, he noted, since this was a formerly requested agenda item, the city generally refers those to staff
for consideration and they report back to the individuals; however, if the council wishes for the staff to
respond in the next meeting, the staff will be glad to do that. Councilmember Green said he just want to
understand how we are going to respond. Mr. Pipes noted this is strictly the Council's pleasure, but
generally, if it is a research matter on technicalities, etc., which this is about in that arena, then the
staff will take a look at it and get back with the individual. He said if there is further need for
council deliberation, then the staff will bring it back to the Council at a subsequent meeting.
Councilmember Bell asked that it be clarified through the City Attorney how the city handles vacant lots as
a matter of Council record. He felt this would be a useful exercise. Mr. Pipes said the city will be glad
to do that.
MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 160
Councilmember Knotts said he doesn't understand the differentiation between vacant and occupied as
far as trash, garbage, etc. Mr. Pipes said it is more of a health, welfare and safety matter, but we also
have the council- directed policy of staff involvement assisting a local subdivision deed restriction
committee in the enforcement of their deed restrictions where they overlap a city ordinance. He said the
city ordinance is subject to somewhat judicious interpretation by the attorney that we all rely on for a
good deal of guidance and counsel, but at the same time when it is deed restrictions, it is a matter of
subjective evaluation on the part of the committee and sometimes the committee and the legal counsel do not
necessarily see eye -to -eye as to what the application ought to be. He said this is a matter of some
continuing discussion that has apparently been going on for some time. He said he has visited with Mr.
Tubbleville himself and it is a matter of a wooded lot vs. what is considered a traditional vacant lot,
which may have been originally prepared during construction and then abandoned with building materials, etc.
is something entirely different because all of us are quite aware that all lots in Forest Hills were, at one
time, heavily wooded, as are the lots at Spring Lake. He said if there is not an apparent health, safety,
or welfare question, and there is no trash, brush, harbinger of rats, snakes, etc., then it is a matter of
being in the eyes of the beholder. Councilmember Knotts felt there needs to be some consistency, but noted
one person's trash is another person's bird sanctuary; but if the city is going to enforce one, it needs to
enforce all of them. Councilmember Carter felt since this has been raised, he didn't feel it should be left
just to the interpretation of the city attorney, and if the Council is going to start moving in terms of the
application of this policy, then it needs to be discussed by the City Council. He said if he knows the lots
in question, they are beautiful in their natural state and better than they would be in some underbrushed
state. He said he would hope the city would not have a policy where it would go out and destroy natural
vegetation in its natural state, noting he can't imagine doing that because once we do, we have to go back
to spend more money maintaining that in that state. He reminded the Council that Huntsville is a bird
sanctuary, so designated by the City Council. Whatever the nature of the 17th street lot may be, he
encouraged the Council to keep as much of the natural vegetation in its natural state as possible, noting
a few rats and snakes here and there are not all that bad either.
CONSIDER BIDS
Consider bids on landfill disposal area 87 -1 ditch and berm to E. G. Alford, in the amount of $119,000 to
be paid from sanitation capital improvement funds.
Mr. Pipes advised nine bids were received ranging in price from $119,000 to $394,020, which spread
caused some raised eyebrows on the staff. He said, however, Mr. E. G. Alford has been thoroughly checked
out by the Engineering Design Department as far as his work record and financial status are concerned. He
said they have done a number of jobs over the last several years for cities and for developers, including a
number of golf courses in which in excess of 300,000 cubic yards have been moved. He said the price is very
comparable to what has been bid here on a per cubic yard basis. Mr. Alford maintains a very strong
financial position so he has apparently found the secret of moving dirt at a very reasonable price, he
reported. He noted two bidders bid simply as a courtesy in order to keep their name in the pot, but their
general workload and equipment, etc. are completely encumbered at the present time; they didn't want to give
the impression that they were totally disinterested in doing the work for the city. Their bids were
substantially more than the low bid, but it does indicate they are interested in doing work for the city in
the future, Pipes advised.
Mr. Pipes advised the original engineering estimate was based on $1.20 per cubic yard of dirt hauled
and the bid came in around 51.00 per cubic yard. He noted the city is extremely pleased with this bid and
recommended the low bid submitted by E. G. Alford in the amount of $119,000 for clearing, grubbing and
excavation of Trench 87 -1, north ditch and berm, at the sanitary landfill. He said this is a bonded project
because of the amount, but there is no payment bond because there are no vendors involved. The bond will be
equal to the amount of the contract. Councilmember Bell made the motion to approve this contract as
recommended and Councilmember Howard seconded the motion. Discussion: Councilmember Knotts advised he
didn't think there was any additional cost to add the payment bond to this and recommended adding a payment
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MINUTES Of THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 161
bond. He said while he is not questioning E. G. Alford's financial status, he feels anytime the city has a
performance bond, it should also have a payment bond as a matter of procedure. Mr. Pipes said he will take
a look at it and if there is no additional cost, Mr. Knotts recommendation will be followed. All were in
favor of the motion on the floor and it passed unanimously.
[Note: After this vote, Councilmember Bell left the Chambers for the remainder of the items set for
discussion in the meeting, and returned for the councilmember action portion of the agenda.]
Consider bid for uniform rental contract to Aratex Services of Stafford Texas in the amount of
$3.65/man/week to be paid from budgeted funds by the departments
Gene Pipes, City Manager, advised the city bids this contract every two years. He said this is a
five cent increase over a two year period and reflects a price something less than $1.00 less than what the
city was paying two years ago and some year before that. Mr. Mark Bosma, Purchasing Agent, noted in his
memorandum that for the past nine years, the City has contracted for employee uniform service. He noted
this service includes repair, cleaning and replacement of worn uniforms. The Council was advised this
contract begins October 1, 1988 and ends on September 30, 1989 and the city reserves the right to extend the
contract for two years, based on a period of one year at a time. Mr. Pipes said this is an extremely
competitive price and he is pleased to recommend the bid of Aratex Services for $3.65 /man /week for uniform
services for the city crews that are equipped with uniforms on a daily basis. Councilmember Green made the
motion to approve of the city's recommendation and Councilmember Howard seconded the motion. INote:
Councilmember Bell was absent for this vote] All were in favor and the motion passed unanimously.
, CONSIDER PROPOSAL TO INSPECT SEWER LINE
Consider a proposal from Insituform Gulf South for Elkins Lake M.U.D. to dewater a ten inch sewer line at
Elkins Lake to determine the break area and to recommend required repairs
Gene Pipes, City Manager, advised on Monday of last week the city noticed an increase in the flow to
the South Plant in excess of one million gallons over the average daily flow. That substantially increased
volume, he noted, but was not a particular problem at the time because the plant is designed to handle peak
Loads that are in excess of that, but there was no physical explanation or evidence of why that situation
should exist and thus an investigation through the wastewater treatment division was initiated. He said
finding no problem and having no relief visible within a short period of time, it was determined that in all
Likelihood because of the flow to the lift station at the lower dam at Elkins Lake on the third lake, that
there was substantially a high probability that there had been a line failure or a manhole failure in the
area of Camellia lake, which is the lower lake in the three lake system. He noted we were taking about one
million gallons of water per day out of that lake into the sewage system and over a sustained period of time
that would have created substantial problems for the city at the sewer plant because of increased flows
beyond the design capacity. He said the city managed to isolate this area through a number of rather
skillful field engineering efforts and plugged off the line and have since pumped the effluent from the
houses attributed to this line directly across the second lake's dam to a manhole on the opposite side that
is not involved with this problem and have effectively avoided discharging any substantial amount of
untreated wastewater into either Camellia Lake or any of the other streams or tributaries. He said this
will work sufficiently and well for a short period of time. He said there is a temporary electrical hookup
and pump series that will suffice for the time necessary for the repair, but this obviously constitutes an
emergency because not only is Camellia Lake subject to contamination if the pumps were to go down or the
Lines would break, etc., running out on top of the ground, but the state lake is a downstream recipient of
the excess water from Camellia Lake. He said the city is extremely careful and sensitive about the effect
that might have.
He said because of the city's experience over the past 18 months with Insituform Gulf South and
their being the only contractor that can do this type of work, especially with this volume of water, noting
MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 162
the lake water must be drawn down, the line pumped out, and then the line televised to determine exactly
what the problem is, he is asking for the Council's consideration of an ordinance declaring this situation
to be an emergency based on the obvious health hazards that are represented by the potential discharge into
Camellia Lake and authorization for Insituform Gulf South to perform the repairs.
ORDINANCE NO. 88 -16
AN ORDINANCE DECLARING AN EMERGENCY; AUTHORIZING INSITUFORM GULF SOUTH TO
DEWATER A TEN INCH SEWER LINE, AND TO RECOMMEND REQUIRED REPAIRS; AND MAKING
OTHER PROVISIONS RELATED THERETO
Mr. Pipes said with the concurrence of the Elkins Lake M.U.D. Board, and the Elkins Lake Recreation
Corporation presidents, the staff asks that the Council authorize the expenditure of up to $12,000 for
dewatering of the line and inspection of the system, so that the city can report back to the Elkins Lake
M.U.D. Board who will stand to bear all of the costs of the repair work. He said until we get the line
pumped down and get something in there to determine what the problem is, we will not know exactly what those
repair costs will be. He said under the city's contract with Elkins Lake, the city is responsible for
maintenance of their system;; noting although Elkins Lake is responsible for costs incurred, the city is
responsible for effecting the repairs.
Councilmember Barrett made the motion to adopt the ordinance declaring this an emergency and to
authorize the expenditure of up to $12.000 for the investigation of the Problem with Insituform Gulf South
and Councilmember Knotts seconded the motion. Discussion: Councilmember Knotts clarified all of this will
be paid for by Elkins Lake M.U.D. and Mr. Pipes confirmed that is correct. Mr. Pipes said the city has a
standing annual contractual maintenance responsibility of up to $10,000; however, since it is this late in
the year, he is quite sure the majority of those funds have been expended, so if not totally every dime,
certainly 99 percent of the costs will be the M.U.D.'s responsibility directly. Mr. F. Boyd Wilder,
Director of Public Utilities, advised the amount of maintenance funds already spent on the Elkins Lake
system is estimated to be near the $10,000 limit. Mayor Monday asked for updates on the project as they are
available. Mr. Pipes said updates will be made weekly until the problem is resolved. All were in favor of
the motion and it Passed unanimously. [Note: Councilmember Bell was absent for this vote.]
STATUS REPORT TO JUDGE LYNN HUGHES ON ACKER CASE
Consider a status report to Judge Lynn Hughes concerning the Planning Commission Meeting to consider the C
M. & June Acker Subdivision question
Scott Bounds, City Attorney, advised during an executive session held earlier, Attorney Diana
Marshall reported to the Council on the status report which had been prepared for submission to the court
on this date on the Acker litigation. He said that status report basically outlines the city's attempt to
schedule a meeting as requested by the Judge in his order and the city's attempt to request input from the
Ackers regarding that proposed meeting and detailed the Planning Commission's efforts to make decisions with
regard to the issues on which the judge requested that determinations be made. He said he will bring back a
copy of that status report to the Council at a later date.
CITY MANAGER'S REPORT - -GENE PIPES
Bank Franchise Tax Report
Mr. Pipes advised in August of this year, we received the bank franchise fee in the amount of
$18,705.10 as compared to $28,999.54 last year. According to information from Patricia Allen, Director of
Finance, the taxes received in FY 85 -86 was $32,343. He noted the budget for this year was $29,300. He
said no one could foresee the failure of Sam Houston National Bank. Patricia Allen advised Sam Houston
National Bank did not file a return this year, however, after contacting Bob Bullock's office, she was told
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MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "PH 163
a return was not required this year. Ms. Allen stated the franchise tax is calculated based on stated
capital and retained earnings and the tax is $6.70 per 51000 of value. Mr. Pipes said while this is a high
percentage amount, it is not a substantial dollar amount. He noted other areas that have shown strength
will more than offset this particular situation.
Sales Tax Report
In reviewing the sales tax report, Mr. Pipes noted through the month of September, the city is 5.35
percent ahead of last year's experience in the standard one percent collections. He said the new one -half
cent is also included in the report. He said the city has had a very good sales tax year and being 5
percent ahead this year certainly indicates some resilience in the econany.
Police Teletype -- computer purchase
Mr. Pipes advised this equipment was approved for purchase in the FY 88 -89 budgeted funds with
emergency approval of the Council due to the critical communications /information needs of the Police
Department. The equipment consists of a P.C. system to be used to tie the Huntsville Police Department to
the Texas Department of Public Safety SNA /SDLC TLETS -II (maintenance included). He said of the seven bids
received, the local ComputerLand store was low bid at $4,792.00. He said the staff estimated this cost to
be in the $10,000 range when the budget was made, based on information from suppliers who offered the
equipment. He said the staff was able to determine that a more standard generic brand computer was
compatible with the information need and met the specifications necessary to perform that duty. As a
result, the staff was able to keep the costs under $5,000 so the equipment has already been ordered from
ComputerLand with delivery expected in 14 days.
Black rock for Smith Hill Road from White Mines at $30.80 /ton
The Council was advised by Mr. Pipes noted White Mines was approved as a single source vendor
earlier in the year for black rock. Mr. Johnny Poteete, Director of Public Works, advised the city is in
the process of preparing Smith Hill Road from FM 2821 to the city limits for two course penetration paving
and needs 200 tons of black rock from the sole source vendor, White Mines. The cost of the material is
$30.80 /ton, which will total $6,160, he said, noting the price per ton is the same as it was in February of
1988 when the Council authorized the purchase of 450 tons of rock. Mr. Poteete said the two course
penetration paving costs about 50 percent less than the hot mix asphalt paving process.
Lake Livingston Level
Mr. Pipes noted in an effort to keep the Council advise about the lake Level, TRA is monitoring this
closely and there are several contingency plans to insure that a substantial amount of surface water will be
able to be delivered to the city for at least the foreseeable future because of the lack of rain and the
drop in the lake level in Lake Livingston, which is at an all time low since impoundment. He reminded the
Council that through the maintenance of the city's water well system since the city switched to the surface
water system in 1980, the city is able to deliver in excess of 4 1/2 million gallons per day from the water
wells for a rather extended period of time, should the need arise. He said there are plans to access the
Lake in a deeper area than simply in the Sulphur Creek mouth where the intake structure is physically
Located. He assured the Council the situation is being monitored and every measure is being taken to insure
no disruption in the supply. He noted while Trinity River water is being used to fill up another reservoir
in the Fairfield area, and to retard the salt water incursion out at Galveston Bay, the situation here is
simply caused by the current drought.
MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 164
MAYOR'S REPORT - -JANE MONDAY
Mayor Monday asked the Council's consent for the city to participate with the East Texas Folk
Festival V.I.P. committee as it did last year in the preparation of letters to V.I.P. officials in the state
to attend the Festival in April so that they might get it on their calendar and hopefully be with us.
Mayor Monday then presented her annexation thoughts, as follows:
"As elected officials, two of our major responsibilities, in my opinion, are the fiscal responsibility and
Long range planning. Both of these I think apply in the annexation question. City Council's first
responsibility is to its present citizens, both short term and long term. I think one of the best ways to
understand annexation is to look at the past annexed areas: Spring Lake, Pine Shadows, Majestic Forest,
Boettcher's Mill, New Addition and Fish Hatchery. These areas are an integral part of our City today. I
believe we both benefit from that relationship. As one example, Boettcher's Mill, before being annexed into
the city, had dirt streets, a two inch water line, an untreated sewer serving as a health hazard. The
city, through the utilization of federal grant money and city expertise and private contributions, was able
to change these areas to all paved streets, a water line and sanitary sewer and this area also, because it
does contain rail, and now with water, sewer and streets, is available and ideal for economic development.
The Council is considering a plan that integrates new areas on our borders into the city in a timely fashion
like the above examples so as not to negatively impact our present citizens in the delivery of services to
them. The Council is also including long range planning so that people will know in advance our plan and
have time to plan themselves. I believe personally that the process we are involved in now is under very
careful consideration. I wanted to share that with you now."
COUNCIL ACTION
Councilmember Knotts noted he liked the mayor's annexation comments. He agreed with Councilmember
Bell on our philosophy and theory on annexation. He said although the Council tabled the annexation matter
in order to go on with this process, he would like to see the annexation question come to a vote.
Councilmember Knotts reported problems in scheduling with the city personnel in getting the
neighborhood watch signs up in his neighborhood. Mr. Pipes noted with the hurricane threat behind us, the
staff should be able to make time for this activity. Councilmember Knotts said he will be happy to help put
up the signs.
Councilmember Carter said the City Council welcomes everyone to speak and this council often listens
to contrary opinions and the Council has a liberal policy on citizen input. He said he does feel, however,
that if someone does speak to the Council that they speak with identification on the record. As a public
body, the Council will listen to all points of view, but the manner with which one speaks to the Council
should be in order; although there may be some instances where disruption itself may be in order, noting the
civil rights movement of the 1960's would be an example, as those people did not need to wait any longer to
be heard. He said he didn't believe the situation with vegetation in Forest Hills is such a situation. He
said he often tells his classes the thing that makes this country great is that he can stand up in class or
in any other situation and say whatever he wants about Ronald Reagan. He wanted to make sure Mr. Woodward
understands he can say whatever he wants about him or any other councilmember under any other set of
circumstances. He said if anything he said earlier led to stifling a free expression, he apologizes, but in
a democracy, free expression also requires some level of responsibility on the level of the speaker.
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MINUTES OF THE SEPTEMBER 20, 1988 COUNCIL MEETING BOOK "P" 165
Councilmember Carter noted while he does not always appreciate Mr. Woodward's positions, he does
appreciate his activism over the years.
[Councilmember Bell returned to the meeting.]
Letter to the Editor by Gary Bell
Councilmember Bell noted he believes very strongly in what he wrote to the editor of the Huntsville'
Item as it appeared in Sunday's paper. For the record, however, he strongly averred the letter was his own'
effort and not a Council response to the Editor on the annexation situation. He asked that this be clearly'
understood. He maintained the figures he quoted in his letter, noting sales tax revenues constitute only 14
percent of the total revenues in the city budget, including the water and sewer income. He said it is his
position the city has to be taken as a whole and cannot be divided into license fees and franchise fees,
etc. When it comes to water and sewer, he said, much of that water and sewer is paid for by the taxpayers.
The other figure he defended is the $75.00 per year the Bell family pays for sales tax, noting it is a
fairly accurate figure and constitutes approximately $650.00 his family spends each month on taxable items
(mortgage, medicine, food, etc). He said $75.00 per year is not a great deal of money for a middle income
family such as his to contribute for all the services the city provides.
Lessons Learned during Preparations for Hurricane Gilbert
Councilmember and Mayor pro tem Howard asked the City Manager if the city learned any valuable
Lessons as it prepared for Hurricane Gilbert. Mr. Pipes said it was a positive experience in that the
emergency management system functioned as designed up to the point that it never reached the threshold to
activate any of the public operated centers or other systems. He said the emergency management meeting held
late last Thursday afternoon was well attended by all involved. He thanked the media for the information
that was disseminated. He said it is remarkable that while we did not receive beneficial or adverse effects
of the storm, the individuals who did find refuge in Huntsville were well received and provided for. He
noted the community will realize beneficial side effects when the sales tax report comes in for this period
of time, noting the fast food restaurants experienced an increase in business during this time. He noted
while this was a false alarm, the city will never let up its guard and will treat all storm warnings
seriously. Mayor Monday advised letters are being sent out on behalf of the City to all those involved in
the emergency preparations, including those private entities that did provide shelter. She commended the
emergency management plan that is now on file, noting it covers each and every entity in the city for the
coordination of services. After 18 months of intensive work by the police department and other officials,
she said, we are ready.
[Mr. C. W. Acker, from the audience, interjected here that the sound system may not be working as he cannot
hear the Mayor speaking. Mr. Pipes advised the system is on, but those speaking do need to speak more
directly into the microphones.]
RECESS TO EXECUTIVE SESSION
Mayor Monday noted the Council will resume their executive session discussion to receive an update
on the Schaper V. City litigation. She advised no action by the council is anticipated.
ADJOURNMENT
Sincerely,
Rut DeShaw, City Secretary
September 20, 1988