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MIN CC 12/06/19881 1 MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING "BOOK P" 201 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF DECEMBER, 1988 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER AT 6:45 P.M. The Council met in a regular session with the following members present: Jane Monday, Mayor 0. Eugene Barrett City Officers present: Gary Bell James L. Carter Gene Pipes, City Manager ILa G. Gaines William B. Green Scott Bounds, City Attorney Ruth DeShaw, City Secretary Members absent: William L. Hammack Percy Howard, Jr. William H. Knotts, Jr. ------------------------------------------------------------------------------------------------------------ FORMAL MEETING Mayor Monday opened the formal session at 6:15 P.M. and then recessed into an Executive Session to consider real estate acquisitions: railroad tracts and Mesquite Street Land. No formal action was taken in the executive session discussions, which terminated at 6:47 P.M. CITIZEN INPUT Certificates of Commendation to Huntsville Hornet Football Team Members. Coaches, Managers Mayor Monday then presented a proclamation to Coach Clements honoring the Huntsville High School Football Team and declaring the 1988 Hornet Football Season as the "Year of District /Bi- District Champs." She then presented individual certificates of commendation to each of the football players, many of whom were present in the Chambers to receive it. Mr. George Russell to discuss efforts to preserve historic Thomason Building Mr. George Russell presented a written document containing three unanswered questions concerning the matter of retaining or removing the historic Thomason building. Mr. Russell asked why the Huntsville Item was denied a copy of a public document in city files which, if reported on, could have positively influenced the owners of the historic Thomason building to work toward its preservation instead of its demolition. He noted the author of the document, confirmed to him that the document was a matter of public record and should have been provided to the media without questions. He then referred to a letter from Mr. Kim A. Williams, AIA of The Williams Company (Architecture, Planning, Preservation) of Austin, dated March 29, 1988, and quoted from it, as follows: "A most important issue involves a building owned by First United Methodist Church. Their contemplated expansion project will have a dramatic impact on the success of the square project. Particular concern should be given to the retention of the historic south brick facade of the old Western Auto building. Several citizens expressed concern about this wall. Also, Mr. Haas believes it is imperative that the brick facade be retained such that the north side square buildings will in fact relate to the detailing and color embodied in this well designed facade. Every effort to coordinate the Church's design work with the square project should be made. Subsequently all parties could benefit from well coordinated and properly designed projects. I would be pleased to assist in this coordination effort.,, Mr. Russell noted this letter was received by the city through a taxpayer sponsored contract requested by the City. He also asked by what authority did the City Manager make an official request that the Thomason building not be included in the design documents being prepared under grant for downtown Huntsville. He advised the building is still standing and was standing and a part of the study area. To his knowledge, he said, no demolition contract has been let and it is never too late to attempt to work toward the MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING "BOOK P" 202 preservation of a threatened building. As an aside, Mr. Russell noted as an example, George Washington's home- -Mount Vernon - -was threatened and slated for demolition, but at the eleventh hour, it was saved. He said there are hundreds, hundreds and hundreds of cases across America of vitally important historic buildings that even demolition contracts have been let on and yet, by showing the owners of the property the positive way these buildings can be utilized by the owners, then the owners sometimes re- evaluate their assessment much to the benefit of the entire community. He said by including it in the design, the owners might finally recognize the potential for adaptive re -use of the structure and change their plans. Mr. Russell noted the manager's letter carries a tremendous negative impact and a tacit acknowledgement of fait accompli. Thirdly, Mr. Russell asked why the City government has not worked with the Walker County Historical Commission to attempt to work toward preservation of the Thomason building, and why have city officials not worked with the Texas Historical Commission to accomplish these alleged goals of restoring the downtown. Mr. Russell went on to say a letter from the state, dated November 2, 1988 indicates that the Texas Historical Commission had only "recently learned" of the owner's plans for demolition, yet the City Manager's letter of September 22, 1988 was neither sent to the state or county officials tasked with oversight for historic preservation in the community, which letter said in part: "I would request that any consideration which had been given by you to incorporating any of those existing structures within the design documents for downtown area be discontinued.,, Mr. Russell recalled for the Council that the city has been studying downtown Huntsville since 1982 at considerable taxpayer expense, yet it was the city which condemned the historic Smither building on the east side of the square and now it is the city which does not even want the public as well as the owners of the Thomason building to be able to judge for themselves how the building would fit into the alleged preservation plans for our downtown. Mr. Russell apologized for the harsh tone of some of his questions, but he felt sometimes we must take a stand and make a positive commitment towards the future. He said we have given lip service to historic preservation of our downtown area since 1982 and now it is time to do everything with our individual powers and with our powers as a city government to attempt to work in a positive manner with the owners of all historic buildings around the square and never preclude the restoration until the buildings are totally gone, and even then, work with the owners to attempt to guide them toward harmonious new structures which will not detract from our community and its ultimate goal of rehabilitation and restoration of our historic downtown area. City's Response Mayor Monday asked Mr. Pipes, City Manager, if he would like to respond. Mr. Pipes apologized to Mr. Russell because he was under the distinct impression that the owners of the Thomason building (the congregation of the First United Methodist Church) had, in the month of September, taken a rather resounding vote on the future of the building and that margin was rather overwhelming in a democratic society. He said this decision came after a couple of years of very extensive deliberation and costs associated with various architects doing studies and making reports to the congregation. Concerning Mr. Russell's question about his responding out of turn in notifying Mr. Haas concerning the City's contract with them for the downtown study, he said, that contract was approved ten days before the church took its vote and he was authorized to handle contract matters related to it. He said he signed the contract and was therefore the city's contact person. He noted upon reading in the Huntsville Item and hearing it on the local media that the church group had taken that vote and had made their decision, he felt it would be a waste of public funds to have an artist continue working on a project that involved perhaps a building that simply would not be there when the project was done, even though he did not have a demolition schedule and still has none. He said he took that, as Mr. Russell points out, as a fait accompli situation. He said he feels it would not have been responsible on his part to allow Mr. Haas and others involved in this project to continue in an effort to complete a plan that involved a structure that was not going to be available after they assume the project, and further, it had been totally understood and expressed publicly by this City Council that all of the work done by Mr. Haas and the restoration architect for the downtown area would be totally 100% voluntary on the part of the property owners in the 1 1 MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING °BOOK P" 203 downtown area - -the Methodist Church being one of them and that there would be no effort on the part of the city to compel anyone involuntarily to participate in the plan devised by Mr. Haas under that contract. Therefore, he said, having a totally optional situation for all the property owners universally in the downtown area, and no desire expressed by this Council to compel anyone to participate or to advance any position of that nature, that it would be in his view a neglect on his part to let a contract run and public funds be spent to devise a plan for some building that was not going to exist and may not have even been standing today. Mr. Pipes advised concerning the question about providing public documents to the Huntsville Item, he can remember no inquiry from the Huntsville Item or from the reporter covering City Council at that time (Cheri Ballew). While he had some conversations with her, to his knowledge, there was never a request of the City to produce any document associated with any part of the information by Mr. Richard Haas or anyone else. He said he knows he had numerous conversations with the Item as has Ms. Linda Pease, Coordinator for the downtown project, and he knows Ms. Ballew has had conversations with the pastor of the church and a number of the committee members. He said the church is not compelled to release any of their documents to the local media, and he does know the church has taken an extremely strong effort to be open and candid in every respect with the local media because of the unusual interest generated by this particular project. He said Ms. Pease and himself have also been exceedingly open and when and if the Item were to ever ask for such a document, they would have been most happy to make multiple copies. In fact, he said, no such request from Mr. Russell, or the Item, or anyone else has ever been forthcoming. George Russell's Response Mr. George Russell advised that Ms. Pease informed him it was her understanding this document was perhaps not a public document and that it was she who did not offer said document to the media. Mr. Pipes asked if the Huntsville Item requested the document from Ms. Pease? Mr. Scott Bounds, City Attorney, intervened to say if the Huntsville Item had wanted the document, they would know enough to ask for the document through the custodian of records under the open records act. There has never been a request made,Mr. Bounds noted, as he visited with Cheri Ballew (then Item City Council reporter) today about this exact matter. Mr. Russell said perhaps it was not pushed as far as it could have been. He said the point of his question, beyond what he has been told by a city official, is that this document, had the city been truly dedicated to the preservation of our downtown area . . . Mayor Monday intervened here to state that (comment) is a subjective judgment on his part. Mr. Russell said it may be a subjective point, but he may offer his opinion. Mayor Monday stated again that is a subjective judgment, and his opinion, and the Council is here for facts and the fact is there was never . . . (a request made). Mr. Russell countered by saying the fact is the document is dated March 29, 1988 and the fact is this is the type of document that only a city committed to historic preservation would hand to the media as a matter of course. The media, then, he said, well before the church vote, would therefore have had an opportunity . . . Mr. Pipes said the fact is it was provided to the church well before the meeting and was in the files and available to every member of that committee before the decision was made and it was a private property decision. Mr. Russell said the city is taking a public document and only providing it to private . . . Mr. Pipes said he will provide it to anyone who asks for it. Mr. Russell said "if they know it exists" and asked if the church asked for the document, did they realize it had come in and that it existed? Mr. Pipes said he "expects so, they asked for it." Mr. Russell then asked if the media knew the document existed. Mr. Pipes asked what role the media plays in a private church matter decision made by a church group with their own property? Mr. Bounds said it is his understanding they even had a copy of a part of the document. He said if the media has an interest in it, he suggested they come in and . . . Mr. Russell interrupted to say "provided by me." Mr. Bounds said if Mr. Russell has a records request, the city will be happy to address it and if the media has a records request, the city will be happy to address that, but as far as Mr. Russell relating what someone else said they could not get from the city, he asked him to bring them to City Hall and let them tell us. Mr. Russell said he is relating what the city told him, not what the media told him. Mr. Bounds said Mr. Russell has said Ms. Pease was unsure whether she could release the documents. Mr. Russell said that is correct that she was unsure if she could release this information to the media and that comment was made to him. Mr. Bounds asked what document did Ms. Pease MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING 'BOOK P" 204 of provide the media as a result of a request they made? Mr. Russell said when the media were asking for nformation. Mr. Russell said the charge is, regardless of what he was told by a city employee, if we ave a city dedicated to preservation, and here we have an official, at taxpayer expense, who had produced document that has very positive statements to say about this particular project, before the owners had oted one way or another to save it or demolish it, and the city has an opportunity to provide this ocument, which was paid for at taxpayer expense, to the community and the congregation at large, through he media, then he thinks the city has a moral obligation to all parties concerned to do a press release or the media. Mayor Monday said the city staff has answered his questions and he is now in a judgment speech and is time is up. Mr. Russell said she is right, it is a judgment speech. The Mayor thanked Mr. Russell nd closed the public input /inquiry section and proceeded with the remainder of the agenda. FORMAL MEETING RECONVENED Mayor Monday then called the formal session open. Reverend Ronald W. Smith, Huntsville United tat Church, presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve of the minutes of November 15. 1988 and Councilmember Gaines seconded the motion. Discussion: Councilmember Bell questioned the statement in the minutes under "Council Action, Sidewalk Problem," concerning the use of surplus sales tax funds. He asked that this use be clarified as to how those funds might be used for sidewalks. Mr. Gene Pipes clarified this by advising that any surplus in sales taxes beyond the estimate, has to go into escrow for one year based on the statutory limitations so that next year, the tax rate can be adjusted to reflect that surplus. He said for one year, whatever surplus is generated this year will go into the general fund, but it must be set aside for one year so that next October, whatever surplus is generated above and beyond what the calculated tax rate reduction was this fall, it can be reduced further. Mr. Pipes said the sales taxes from October 1, 1988 until September 30, 1989 all surpluses above and beyond what the ad valorem tax reduction amounted to has to go into an escrow for that one year for a further reduction in the ad valorem taxes next year and then the Council can use the money, but it is not freed up until October of 1989 and there is a proportionate reduction in property taxes next year. Based The clarifying statement will be: "Patricia Allen, Director of Finance, advised that the sales tax receipts in excess of the budget, generated from the one cent sales taxes, do go into the general fund and can be used for any purpose; however, sales tax funds generated from the additional one -half cent sales tax [approved for collection in January, 1988 by the August 1987 sales tax election] that are in excess of the budget must be placed into an escrow fund for a period of three years before they can be expended for any purpose other than to supplement revenue shortages during that three year period. Therefore, the new funds being generated from the additional one -half cent sales taxes could not be considered "surplus funds" and would not be available for mid -term budget adjustment. However, after the three year period, those excess one -half cent sales tax funds will be available for allocation for any other purpose." CONSIDER LIBRARY AUTOMATED CIRCULATION AND SECURITY SYSTEMS Mr. Pipes presented the request from Judy Hunter, Librarian, for an automated circulation system to streamline circulation operations, reducing time required for clerical tasks, provide staff with more direct patron service, providing faster check -ins and check -outs, calculating fines and generating overdue notices as well as facilitating inventory and production of statistical reports. She recommended the 1 MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING "BOOK P" 205 "Circulation Plus" system, (including computer system and software and start -up supplies) at a cost for implementation of $6,991, as recommended by the Library Board, to be paid from interest funds of the Margaret Powell Endowment Fund. The second request of the City Librarian was for a radio frequency security system. Ms. Hunter advised security stations would be required at both entrances to the library, and estimated equipment installation costs prior to bid are $8,645. Initial installation supplies consisting of teeny beeper detection patches for each item and check cards to turn off circulated items, she advised, are estimated at $4,160. She stated the total estimated cost is $7,805, which is $12,805 less a $5,000 donation from an anonymous patron. Ms. Hunter noted the total estimated cost of implementing both systems is $14,796. She advised interest money, available as of September 18, 1988, was $13,650.40 (a difference of $1,146.60). The Council was advised that allowing for fluctuation in actual versus estimated bid prices and for interest earned to date, sufficient interest is available to fund both systems (interest earned by the endowment in FY 87-88 was $3,932.36. Ms. Hunter said due to applications required to each item in the collection- -teeny beepers and barcodes -- implementation of both systems simultaneously is the most cost effective alternative. The City Manager recommended approval of both requests. Councilmember Barrett made the motion to approve of the Purchases of these security systems as described above to be funded as outlined and Councilmember Gaines seconded the motion Discussion: Councilmember Carter asked about the amount and capacity of the system, noting it has a data limit of 65,000 items and we have 45,000 items and how long we would be within the capacity of this system. Ms. Hunter said the city is adding approximately 3,000 volumes to the library annually and that the system is upgradeable to add additional capacity. All were in favor and the motion passed unanimously. Mayor Monday commended those citizens of Huntsville who contributed funds to the library that can be used for these types of improvements, noting the security system is especially important to secure some of our expensive acquisitions. CONSIDER JOINT ELECTION AGREEMENT Consider an agreement with the Walker Countv Hospital District to jointly fund expenses for the administration of the January officer's election as previously indicated Mr. Pipes, City Manager, presented the joint election agreement between the city and the Hospital District for the January 21, 1989 election, noting the only change is to indicate absentee voting will begin January 2 rather than January 3. Mr. Pipes said the City Secretary will be at City Halt on January 2 to receive absentee voters, although he said he reasonably expects there won't be one soul concerned about voting either in the Hospital District Election or in the City Council Election on the day when all the football games are on. Mayor Monday noted since January 2 is a city holiday, Mrs. DeShaw may wish to consider hiring someone to conduct absentee voting that day. Councilmember Bell made the motion to approve this contract and Councilmember Barrett seconded the motion Discussion: Councitmember Carter noted he will vote against this contract simply because it involves a January city officers' election, which he opposes as he feels this election should be held in the spring of the year rather than in the dead of winter and through the holiday season. Upon a vote on the motion, all were in favor except Councilmember Carter_ who voted no. The motion. however passed by a vote of five to one (note three members are absent). CONSIDER LANDFILL TRENCH EXCAVATION BIDS Consider bids for Phase II excavation of the disposal trench at the Sanitary Landfill to Southern States Equipment Company in the amount of $66.100, as Planned to be paid from sanitation fund capital reserve Mr. Gene Pipes, City Manager, advised the first contractor working at the Landfill was performing his work for $1.00 per yard, but the new bids for Phase II brought us a tower bid at 85 cents per yard, including complete dirt removal. He recommended the low bidder of Southern States Equipment Company in the amount of $66,100 for this project. He said this bidder's track record reflects satisfactory performance on other contracts. Councilmember Barrett made the motion to approve of Southern States Equipment Company's bid in the amount of $66.100 and Councilmember Gaines seconded the motion. MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING "BOOK P" 206 Discussion: Councilmember Green asked about a bond requirement. Mr. Pipes said this is a lump sum excavated dirt contract and the only risk is how much gas and oil he burns in his own equipment, noting there is no materials lien. Mr. Bounds, City Attorney, said there is no bond required on a lump sum contract. _Upon a vote on this motion, all were in favor and the motion passed unanimously. CONSIDER ARTS CONTRACTS Consider four contracts for arts projects, as planned and budgeted in FY 88 -89 Huntsville Community Choral Society and Fine Arts Association. Inc. - 48,000- -for a series of musical programs: Messiah Concert with Symphony Orchestra; Gilbert and Sullivan Operetta with Orchestra; HEAP Concert; Concert band in Gazebo -two June Concerts; Fourth of July Band Concert at Walker County Fairgrounds and compliance with certain other contractual obligations. Huntsville Youth Orchestra - -$1,500- -for opportunity for young, school -age musicians to rehearse and play orchestral music weekly in the SHSU recital hall for one and one -half hours; to conduct section rehearsals weekly; and to provide special programming for the general public, for the elderly and for school children. HYO to hire conductor to conduct the orchestra, including weekly rehearsals, to recruit and retain orchestra members; to supervise section leaders in weekly meetings; to choose and obtain all music for members, and to act as liaison between the orchestra and parents. HYO to present three major concerts for the public and compliance with certain other contractual obligations. John Stewart, Artist - 45,110- -for a large scale, free standing sculpture, approximately 12 feet Long, six feet wide and eight feet tall to be built within a fenced enclosure on a site approved by the City Council, and compliance with certain other contractual obligations. Community Theater Production -- $2,500 - -to organize, produce and publicize "My Three Angels" for December performances in Huntsville and compliance with certain other contractual obligations. Councilmember Carter made the motion to approve of all of these arts contracts for a total of $17,110 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. Consider Sewer Extension for Hwy 75 S. Church Property Consider a utility extension request for sewer service to a site on Highway 75 South at Southwood Drive to serve a planned church facility and adjoining property Mr. Gene Pipes, City Manager, advised the Council of Mr. Sonny Davidson's review of this project. Mr. Davidson reported the Huntsville Pentecostal Church acquired a two acre track from the FDIC, located in the triangle formed by US 75, IH 45, and Southwood Drive and would like to have sewer service to the site. Mr. Davidson noted there is a great distance to the nearest sewer line and a bore and encasement will be required under US 75. He advised the adjoining property owner (Shell station) and the original developer (Roy Hankamer) do not wish to participate in the sewer project. He advised the Development Code (Paragraph 301.1) permits the City to extend sanitary sewer or water lines at its own cost and to collect the charges therein set forth from the applicants for that service. He recommended that the city extend that sewer service and that repayment of the city's cash outlay be exacted from those persons who use the service. He suggested repayment be on the basis of area (square feet) that can be served by the proposed extension, since not all of the area adjoining can be served because of topography. Mr. Davidson advised a total of 445,088 square feet could be served and that of that total, 70.6% is within the eight acre tract owned by the developer ( Hankamer), 19.6% is within the church tract, and 9.8% is within the service station tract. He estimated the cost of constructing the proposed extension, using city labor and equipment_ whenever possible, would be approximately $17,500. He noted there is a balance of $100,000 in the utility extension fund. He said of the $17,500 that might be allocated to this project, 19.5% or $3,430 would be immediately recoverable from the church, 9.8% or $1,715, would be recoverable in the near 1 1 MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING 'BOOK P" 207 future from the Shell station owners, and the remaining $12,005 would have to be recovered from the new owners of the 8 -acre tract. He noted some consideration may need to be given to interest charges on the $12,005 if that is feasible. Mr. Gene Pipes, City Manager, recapped the history and options as outlined by Mr. Davidson's memo of November 23, 1988. Mr. Pipes then recommended under the utility extension ordinance that the city authorize and approve the $17,500 cost and assess back to each of the three tracts involved those costs related to each square area: $3,430 to the church; $1,715 to the shell station; and $12,005 to the Hankamer tract. He said his only problem with this proposal is that once the sewer line is in place, the value to the abutting property occurs at that time. He said Mr. Hankamer has this tract for sale (or someone does), and when it is purchased, the value of the sewer line will be factored into an increased value on that property. He said the subsequent owner will end up paying the $12,005 on top of whatever additional he pays for the value of the property. He said the current owner developer, who actually carved off the two acre parcel and was technically the original developer, potentially is out "scott free." He said at some point in time the city will need to take rigorous care and concern that an appropriate amount for service to the eight acre tract is assessed when service is delivered to that tract. Mayor Monday asked that this be public information so potential purchasers of that land will be aware of this fact. Mr. Pipes said anyone coming into City Halt concerning the property will be made aware, but there will not be any pre - purchase notice nor is there a mechanism by which we can put a lien on the property, etc. He said but when the new owner comes in for service, it is going to cost him $12,005. Councilmember Barrett said certainly anyone who is going to buy the Hankamer property wilt find out about this if it is public knowledge as to whether they will have to pay for the sewer line or not. Mr. Pipes said the reason he is going into all this detail is to make sure it is in the record and that it is understood. He said if the Council chooses to approve this solution to the problem, that there will be a subsequent sewer hookup charge of $12,005 to that eight acres, or whatever proportionate amount is divided up into smaller tracts. Councilmember Green had a problem with telling some future owner that his sewer hook up charge will be $12,000. Mr. Pipes said there is no way to flag the property in advance that there is that much of a sewer bill attached to it. Scott Bounds, City Attorney, advised pro rata charges and charge backs on pro rata ordinances are common procedures. He said we have had that charge back provision on other extensions. He said the agreement is with the one to whom the extension is being made and there is no agreement with owners of properties it crosses until they develop those properties, at which time there will be a charge back to them for their pro rata share of the cost of the sewer line. Mr. Pipes said the sewer line is the private developer's responsibility. He said in this case it is being added at public expense because the developer failed to complete his development and sold off part of it to the church, who now needs sewer service. Councilmember Carter noted the City Manager is concerned that the city is enhancing Mr. Hankamer's sell value of the remaining property. Councilmember Barrett felt the buyer will find out there is a pro rata share he will have to pay and the land should not be elevated in value for that reason alone. Councilmember Green said the city does this all the time when it paves streets. Mr. Pipes said, however, the city has a paving assessment that will go with the land whereas it cannot have a plumbing assessment. Councilmember Barrett made the motion to approve of the city's constructing this sewer line and then charging back its costs to the Property owners as they tie on to the line and Councitmember Bell seconded the motion. All were in favor and the motion Passed unanimously. CONSIDER CITY MANAGER'S REPORT- -GENE PIPES Consider emergency repairs to trac loader No. 22-117 Mr. Pipes advised the trac loader has experienced transmission and final drive failures, and this repair cannot be bid because it has to be torn down to determine the extent of damage and cost of repair. Mr. Harold Ramsey, Garage Superintendent, decided to ask East Texas Welding and Press in Nacogdoches to do this work because they are currently making the undercarriage repairs to the John Deer 855 and they can MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING "BOOK P" 208 haul the 977 back with them at the time they deliver the 855 and eliminate some of the transportation costs. He advised their labor rate is $27.00 per hour compared to Caterpillar's $33.25 per hour rate. Mr. Pipes provided this information to the Council for their information. He said he will get back with the Council when they have an estimate for repair. He said there are sufficient funds in the Sanitation Budget to cover this anticipated expense. He said because of the emergency repairs of the machine and the daily cover requirements at the landfill, they have taken this action to expedite the repairs. Mr. Gene Pipes, City Manager, presented, for the Council's information, a letter from Huntsville Cable T.V. dated December 1, 1988 requesting the formal initiation of renewal procedures in accordance with the Cable Communications Policy Act of 1984. Mr. Nathan Geick, Executive Vice President of Huntsville Cable TV noted the existing franchise they assumed is set to expire on September 9, 1991. He said this request is timely in that it is received within the six -month window occurring 30 -36 months before the expiration of the franchise. He advised by this request, the City is obligated to conduct a public proceeding for the purpose of identifying the future cable - related community needs and interests; and reviewing the performance of the cable operator under the franchise during the franchise term. He noted there is nothing in the Cable Act prohibiting the parties from reaching agreement on renewal at any time, even if the renewal procedures have been initiated. Ipurchase a personal computer to assist in the National Accreditation Program effort Mr. Gene Pipes, City Manager, presented a request from L. D. McDugle, Captain, requesting the use of surplus funds, budgeted in this year's budget for the replacement of the antiquated teletype electronic communications gear in the dispatch office. He said that cost was estimated to be $10,000 and through some creative efforts, comparable equipment was acquired at a much less cost than what was available through the agency in Austin. He said there is a residual amount of $2,397.60 budgeted in the department. He said annual requests have been made for two years to fund the necessary computer hardware to get their certification requirements through the National Accreditation Program completed. He then requested this surplus be used for the purchase of a personal computer for the National Accreditation Project. He said the computer system will allow them to track the over 900 standards and stay abreast of what has already been written so as to avoid conflict and duplication, as they develop written policies and procedures in compliance with national standards. He said the system will allow the accreditation officer to develop and format the directives through the city's Word Star word processing package. Councilmember Barrett made the motion to allow the residual funds in the amount of $2397.61 to be CONSIDER PURCHASE OF AMBULANCE Mr. Gene Pipes, City Manager, advised the purchase price is $44,885 for the unit, approved jointly by the City Council and Hospital District who are share partners in the equipment. He said the EMS board cannot own title to the equipment, so the governmental bodies have to technically approve the bid. He recommended approving the city's proportionate share of $14,961.66, which is budgeted in the EMS budget. 1 1 MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING "BOOK P" 209 CONSIDER EMPLOYEES RETIREMENT REVIEW COMMITTEE Consider update on Employees Retirement Review Committee Mr. Gene Pipes, City Manager, advised the employee committee has been meeting for the last several weeks to review the retirement program set up in 1980. He said the contract with Kansas City Life runs out this year and the Employee's Retirement Committee has been meeting and Councilmember Green has agreed to join with the committee to evaluate information at a later date. He said there will be two more presentations. He said by the end of January, the committee will have their recommendation ready on the renewal of the retirement program. Reminder of Christmas Parade on Thursday Night Gene Pipes, City Manager, reminded everyone of the Christmas parade on Thursday night at 7:00 P.M. Plaque from Government Finance Officers Association for Excellence in Financial Reporting for the Eight Consecutive year Mr. Pipes presented the plaque to the Council, noting it is the eighth we have received. He noted these are still very rare across the country with municipal governments. He commended the city's auditor, Mr. Ken Davis, as well as Patricia Allen, Director of Finance and her staff. MAYOR'S ACTIVITY REPORT Welcome of Mayor Emeritus-- Morris I. Waller Mayor Monday welcomed Mr. Waller to the Council Meeting, noting he will probably feel right at home. Highway 19 Association Presentation Report Mayor Monday advised the Council about the presentation she made on behalf of the City in conjunction with the Highway 19 Association's presentations in Austin before the Texas Highway Commission in support of the Highway 19 Association's proposal to extend and widen Highway 19 to a four lane divided highway. She said there were 190 individuals representing ten counties, 15 cities and between 300,000 to 400,000 people across the state of Texas; they were joined by senators, representatives and congressmen. The presentation spoke to the fact that if we can enhance Highway 19 to four lane from Huntsville to Paris and into Oklahoma, hooking onto the Indian Toll Road and then into Tulsa and up into Chicago, that it was by far the most direct, and therefore, the least expensive route for trucking coming from the Midwest agricultural and industrial centers to the Texas port. She said two major advantages will be, first to avoid the Dallas -Fort Worth metroplex and 1 -45, areas already overloaded with traffic; and secondly, it will be an escape route in the event of man -made or natural disasters. She said the Texas Highway Commission stopped them about half way through their presentations and began to talk about what a fine plan it was. They were concerned as to where the Highway 19 Association has been over these 20 years. She said the reception was very positive. She said the Association is asking for a quarter of a billion dollars, so it is a very significant project. She said they asked them to designate this for master planning and therefore work in years to come with each of the three highway districts involved to implement these improvements along the way. She said they hope the Sam Houston Freeway, which is the name the Highway 19 Association has designated for it, will become a reality and will be a major four lane highway to the doorsteps of Sam Houston State University. Joint Meeting with HISD. December 12, 1988 Mayor Monday noted there will be a 5:30 P.M. joint meeting with HISD School Board at the Hawkins Administration Building on FM 2821 to discuss joint problems and areas of interest. She asked the Council for any particular items they might like to have included on the agenda and to provide those topics to Mr. Pipes. MINUTES OF DECEMBER 6, 19x8 CITY COUNCIL MEETING "BOOK P" 210 Huntsville - Walker County Grants Committee Mayor Monday noted she has met with the Huntsville- Walker County Grants Committee to see if we can establish some needs in Walker County for grants and then try to bring some federal, state and private foundation dollars into Huntsville to work in different areas. She said the group is currently working actively with the TDC museum group; the black history museum group; and is beginning to look at the Farmer's Market. She said she would keep the Council posted as progress is made. Voting Machines Presentation at Walker County Mayor Monday noted she attended a demonstration for a voting machine tabulator at Walker County Courthouse on Friday. She said she would be happy to share the information she received. Tourism Subcommittee The Council was advised the Tourism Subcommittee of the City Council has met and a contract for the Tourism Division of the Chamber of Commerce will be available soon for the Council's review. Southern Living Magazine Layout of Huntsville Mayor Monday displayed a recent issue of Southern Living Magazine which had a full page layout of the Sam Houston Museum grounds as part of the local tourism advertisement effort. Council Action Divisiveness over Historical Preservation Councilmember Carter noted he is concerned that we have divisiveness in the community over historical preservation and even this evening saw further examples of people who care strongly both ways. He said much of the emotion comes out of the caring and the concern and the zeal that might be misplaced sometimes. He said he is happy to see there are some people who care that much about the things that are going on in the community. He said he hopes more people will come to speak when they feel they need to. He said he feels our speaker was really asking for a policy choice. He said he hoped that as a city we do encourage, support and make it our preference for historical preservation. He asked that this policy choice be an official document of the city at some point in the future. Escrow Account Councilmember Carter asked if the city is going to make an adjustment next year on property taxes because of some surplus we have in the budget. He said he is not clear on what will happen to this additional money and whether our tax rates will go down. Gene Pipes said it appears at the present time there is a 17 percent increase in sales taxes over last year this time. He said it may vaporize and dissipate by the end of the year. He said the reason for the set aside is that rather than spend the money, if in fact there is a shortfall in the latter part of the year, the intention of the Legislature was to keep that in abeyance until everything levels out and then the city has permission to use it in the subsequent year after it is collected, whether it be a surplus or whatever; it gives the city the ability then to make up so that the property tax rates don't, in fact, vacillate up and down. He said the city makes it up out of that year's time. Presently, he said, it is far too early to know, based on one month's data, what the city will have to do in October. He said if we remain on an upward streak and keep going beyond what we expected, and calculated, each year the property tax rates will be based on the previous year's collections. He said we will have a corresponding reduction in the property taxes for the amount of sates tax generated the year before. Councilmember Carter asked if we have a surplus next year, what happens to the property tax rates in the city. Mr. Pipes said they will go down. Mr. Bounds said unless the Council goes through the property tax rate increase mechanisms by publishing notices, etc. Mr. Pipes said the tax rate is established by this city council based on the needs of this community, noting the city does have to take "positive action" to do that. L 1 1 MINUTES OF DECEMBER 6, 1988 CITY COUNCIL MEETING °BOOK P" 211 Pentecostal Church Sewer Questions Councilmember Carter asked if the city is setting a precedent in extending sewer to this church in this way and perhaps the city should talk about what kinds of situations it might become involved in concerning this option. Mr. Pipes said he wishes there were a better solution, but circumstantially, he didn't think the city had tots of choices, noting he doesn't like this solution. He said this is just the Last option, all others having been eliminated. Councilmember Barrett said the city should urge people to check into this type of situation before they make any purchases of land and perhaps some of these situations can be brought out by the media. Citizen's Appreciation of Police Department Councilmember Barrett read a letter from a citizen to the Police Department commending them on the assistance of an off -duty policeman catching a car thief in 45 minutes. He asked that the media have a copy of this letter. Media Inquiries Shana McKay, Reporter from the Huntsville Item, asked if the pedestrian problem has been resolved at 20th Street and Sam Houston Avenue. Mr. Pipes said a pedestrian crosswalk has been added at the right turn lane interior to the south entrance to Sam Houston at 20th Street which seems to have resolved the primary problem. A yield sign could be added if necessary, he said, or a stop line to force all cars to stop for someone who wants to walk across at that point. Councilmember Carter noted he visited with the Lady involved in the auto - pedestrian incident at that location and she advised the Police Chief visited with her over the telephone about the matter and she is very pleased with the response she received from him. Ms. McKay also asked about the Council's stance on historical preservation and does the Council have a philosophy as a whole group. Mayor Monday advised the Council has not talked historical preservation "policy," but has a subcommittee that is considering historically significant areas to be highlighted and therefore policies developed about those areas; that report will be out right after the first of the year. Also, she said, the city has an entire master plan coming up in the ten year comprehensive plan dedicated to the central business district which will be considering a prison museum, a black history museum, consideration for Gibbs Powell House, and for the whole downtown area and historical preservation and revitalization of the downtown area. She said they have, through the Arts Commission, authorized a study being done by a leading artistic engineer - -Mr. Richard Haas - -to look at the downtown area to see how he can do that and we have also hired an architectural restoration architect. She said there is an intensive effort underway as well as effort going into tourism and the historical pluses of this community. She said we have seen a great change in that now we are not only highlighting it, but we are indeed beginning to look at putting together and marketing historical Huntsville. Adiournment Respectfully submitted, Ruth DeShaw, Altyecretary December 6, 1988 MINUTES OF DECEMBER 13, 1988 CITY COUNCIL MEETING 'BOOK P" 212 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF DECEMBER, 1988 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, AT 6:45 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 Ruth DeShaw, City Secretary William L. Hammock Percy Howard, Jr. Scott Bounds, City Attorney William H. Knotts, Jr. Mayor Monday called the meeting to order. Councilmember Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Monday presented the minutes of December 6, 1988 for the Council's approval, noting a second set of minutes is before the Council that corrects some typographical errors. She asked if there are any other amendments or comments. Councilmember Carter asked that the City Manager's comments regarding the possibility of a lack of voters on the first day of absentee voting, since it will be the day after New Year's day be included in the minutes. Councilmember Belt asked that the consideration of the minutes be tabled as he has not had a chance to read them. The Council generally concurred to delay consideration of the minutes until the next meeting. CONSIDER BIDS FOR POLICE UNIFORMS Consider bids for the annual contract to supply police uniforms to Cannon Uniform Company to be paid from budgeted funds Mr. Pipes, City Manager, presented the three bids received and the recommendation of Mr. Mark Bosma, Purchasing Agent, to award the bid to Cannon Uniforms, Inc., which will be the lowest cost to the city based on the items to be purchased during the contract period on a per item basis. Councitmember Howard made the motion to approve of the bid of Cannon for police uniforms and Councilmember Barrett seconded the motion All were in favor and the motion passed unanimously. CONSIDER BID ON SEWER CLEANING VACUUM TRUCK Consider awarding bid on sewer cleaning vacuum truck equipment for the utility department to the low bidder, Naylor Supply Company, Inc. in the amount of $103,964, as budgeted City Manager, Gene Pipes, presented the seven bids received for the purchase of a jet rodder /vacuum truck to replace the nine year old unit currently in use, with the old unit offered as a $22,000 trade -in. He presented the recommendation of Mr. F. Boyd Wilder, Director of Public Utilities, to award the bid to Naylor Supply Company, Inc., the low bidder substantially meeting specifications, for a Camel Super 100 in the amount of $125,963, less trade -in of $22,000 for a total cost of $103,964. Councilmember Barrett made the motion to approve of the bid to Naylor in the amount of $103,964 for the jet rodder /vacuum truck and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE TO ACQUIRE RESIDENTIAL SANITATION PACKER TRUCK Consider_ Ordinance No. 88 -21 accepting bid and authorizing issuance of a certificate of obligation for acquisition of equipment - -a rear Loading residential packer- -for the Sanitation Division to Waste Systems Equipment, Inc. in the amount of $52.985 as planned in the sanitation fund budget Mayor Monday noted two motions will be necessary on this item: one to accept the bid and the second to authorize the issuance of the certificate of obligation. Mr. Pipes, City Manager, advised the firm of Waste Systems Equipment, Inc. bid a 1989 GMC chassis and a Leach packer body, totaling $52,985, 1 1 MINUTES OF DECEMBER 13, 1988 CITY COUNCIL MEETING °BOOK P" 213 without the trade in of $1,200. He said the staff estimates the value of the 1977 Ford F -800 refuse tr to be $3,500, therefore, Mr. Harold Ramsey, Garage Superintendent recommends keeping the 1977 vehicle sell for salvage in the amount of $3,500. Mr. Pipes reminded the council this is the same piece equipment ordered last year from a company which subsequently went bankrupt and efforts to meet the bid others then failed. Councilmember Hammock made the motion to accent the hid of uacto Bvctome Fmiirn motion. All were in favor and the motion passed unanimously. ORDINANCE NO. 88 -21 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $53,000.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. motion. All were in favor and the motion Passed unanimously. CONSIDER PURCHASE OF PROPERTY FOR DRAINAGE IMPROVEMENT North Huntsville Sewer Plant site for drainage improvement Mr. Pipes advised the Council the city has been reclaiming and leveling the Old North Sewer Plant Property for future park purposes. This particular property is immediately adjacent to Town Branch at the end of Mesquite Street and needed for future drainage improvements as it would give the city access to the creek at that location to lay the banks back to make necessary future drainage improvements. He advised the purchase price is $2,500 plus surveying costs which are between $175 and $300. He said if the Council will approve of this purchase, authorization for an amount not to exceed $2,800 will be needed. He said Mr. Bounds has received the legal description of the land survey and will prepare the necessary instruments to execute this purchase. Mayor Monday asked for the authorization as outlined. Councilmember Bell asked if the purchase price would come out of the drainage fund. Mr. Pipes said the property purchase will come out of the reserve for future allocation general fund, but any improvements to it will come out of the drainage budget set aside for that particular purpose. Patricia Allen, Director of Finance, advised approximately 590,000 remains in the reserve for future allocation fund. Councilmember Green made the nation to approve of the purchase of this property in an amount not to exceed $2.800. including surveying costs and Councilmember Bell seconded the nation. All were in favor and the motion passed unanimously, CONSIDER TOURISM DIVISION BUDGET REQUEST FOR 1989 Consider the budget request for 1989 by the Tourism Division of the Chamber of Commerce as recommended by the Council Subcommittee for tourism Mayor Monday presented a packet of information from the Chamber. She noted in July a subcommittee of Councilmembers Hammock, Gaines, and Bell was appointed to work with her and the Tourism Division in developing this budget. She said the Tourism Division set some long range goals and strategy for getting there. She noted this packet is the joint product of their meetings. She said to accompany this is a financial management plan and then presented a letter she has written to Joe Henderson, Chairman of the Chamber of Commerce, subject to the Council's approval this evening, outlining an entirely new financial management approach for the Tourism Division. Mayor Monday said it was observed the funding pattern was not stable because of the collection rates for the hotel -motel revenues and there were many peaks and valleys which made it difficult for the Tourist Council to operate. The Council Subcommittee suggested guaranteeing a budget amount so the Tourist Council could make plans based on known dollars. The Subcommittee recommended that all tourism monies on hand, as of December 21, 1988, unexpended, in an amount already authorized by the city's budget should be returned to MINUTES OF DECEMBER 13, 1988 CITY COUNCIL MEETING "BOOK P" 214 the city by January 6, at which time, the city will begin to write checks for next year that would be appropriated with an $80,000 total budget and then be divided over a twelve month period and those installments would come on a regular basis so those dollars could be guaranteed on a regular cash flow. The subcommittee also looked at financial reports, information and activities. She said two types of reports have been devised: one is a Line i tem monthly report and the second is an activity report based on the strategy and objectives, so the Council can see the progress and follow along. Finally, the Subcommittee felt there is a need for better communication; thus the Council Subcommittee will be meeting with the Tourism Division of the Chamber on a quarterly basis to share information and ideas. She said this is one of those budgets, where if they are successful, then they get more money put back in if the hotels are full and there is more tax dollars. She was hopeful the $80,000 budget would be exceeded. She said any dollars they exceed over the $80,000 will then be brought back, at least quarterly, for budget amendment and back to the Council for approval as we now do in the city's regular budget procedures. She noted Patricia Allen, Director of Finance, is comfortable with this method. Mr. Pipes, City Manager, explained the reasons for making these changes. He said currently, the contract provides that on a quarterly basis, the city will remit to the Chamber 3 cents of the 4 cents that had been collected during the prior quarter for their ongoing services. He said the extra 1 cent went to the Arts Commission. He said everyone set their budget annually based on an estimate /projection of what revenue pattern had existed the prior year. He said it has created a problem for the Chamber because of the difference in the city's fiscal year (October to September) and the Chamber's (January to December). He said if a motel went into arrears on its tax payment, it was an entire quarter, and there was no action taking place until after the next quarterly statement when it was determined they were delinquent. He said in April, the city required hotel /motel operators to remit on a monthly payment system, so that within six weeks, the city would know who is and is not current. Mr. Pipes said the city exceeded its collection expectations for this year by approximately $16,000. He said in the meantime, over the years, the city had been remitting on a quarterly basis to the Chamber, and $30,000 has accumulated as a reserve at the Chamber and acts as a cushion for periods when collections fall below expectations. He said they feel it would be reasonable and a great deal more dependable in terms of the Chamber's term of work, to guarantee the monthly division - -12 equal payments of their total budget - -or whatever other adjustments need to be made, because the revenues were there, but the Chamber could not depend upon the collection cycle. He said the cumulative monthly reports the city has been receiving from the Chamber showing all the business activities /transactions through the year and track the expenditures and financial activity, will continue. He said as an alternate to that, the city will now be getting a spread sheet on the dollars expended and the hours expended by staff and the costs broken out for each of the subsequent areas that they have agreed to budget for this year. He said it is a performance as well as a line item type report. Mr. Pipes said the city feels it will be able to maintain very close coordination and communication with the guaranteed monthly divisions of the budget and will be able to assure the Chamber's Tourism Division that their program of work is ongoing without fear of running out of money during a quarterly period or before the end of the year. He said the current contract began October 1, 1987 and we are now at the end of the second year and it provides for a renewal at the end of that second year for another three year period. He said the city has determined that we need to proceed under this program of work until the end of this fiscal year for the Chamber before we renew that contract to be sure that our program of work is developing. He noted tourism is a vital economic element in our community and a successful program benefits all concerned. Mayor Monday then reviewed with the Council the long range presentation. She asked Mr. Bill Hammock to review the objectives, strategies and work program. Mr. Hammock said the Tourism Division had a major retreat to develop this information, which he then reviewed in four parts: increase visitors and visitor expenditures; increase occupancy tax revenues; increase the general awareness of Walker County and Texas and enhance visitor's perception of Huntsville. He said the proposed strategies and tactics are pro- active advertising and marketing; provide visitor inquiry responses; serve as center for coordination, promotion and long range planning for new and existing permanent attractions; assist in promotion and coordination of annual /special events; and assist in solicitation, promotion and servicing of meetings, conferences and L_ MINUTES OF DECEMBER 13, 1988 CITY COUNCIL MEETING °BOOK P" 215 conventions. He said the next step was to develop the tactics in the budget to go with the objectives. He said they wish to accumulate a fund annually to purchase brochures as needed, usually over a four year period so there would not be a large expense in any one year. He said they wish to advertise Huntsville as a visitor's destination with paid advertising through the East Texas Tourist Association. Mr. Pipes distributed The Great Piney Woods of Deep East Texas tabloid, Volume 1, Issue 1, covering events in Conroe, Huntsville, Nacogdoches, Jacksonville and Lufkin. Mayor Monday noted the goal here is to market this information to the Winter Texans to encourage them to stop in East Texas to see the attractions on their way to and from South Texas. She said 100,000 copies have been printed as a joint cooperative venture among these cities. Mr. Hammock then reviewed the program costs and implementation costs. Mayor Monday asked Councilmember Bell to review the Chamber's professional staff involvement in the tourism effort. Councilmember Bell advised that with an 580,000 budget, there should probably be a full time director to coordinate and handle tourist business; however, that was not the consensus of the group and a compromise was made so that there will be 80% of a full time staff member's commitment to tourism (Dee McFarland); and a fair share commitment of the receptionist's time and the time of Roy Williams, President of the Chamber of Commerce. He said it was the consensus of the subcommittee that no public funds be used to pay Mr. Williams' salary, but will cover a great deal of Ms. McFarland's salary and the receptionist's salary. He said this seems to be a fairly satisfactory solution to the need for people taking care of Tourism on a regular, consistent and full -time basis. He added a parenthetical comment in that one of the new characteristics of this tourism contract is that the city is committing x- number of dollars per month to the Chamber of Commerce to promote tourism and guarantee $80,000 per year. He said this seems to be a good plan given the variability that has existed in the past and the concern on the part of the Chamber they were not getting the dollars they needed at the time they needed it. He said he is very reluctant to see any of these funds come out of the general fund if the hotel -motel tax falls short of the $60,000 to 580,000 committed to the Chamber over a 12 month period. He asked the Council to remember that a guaranteed $80,000 a year means they get 580,000 a year, irrespective of where it comes from and the City will have to be very careful of its hotel -motel tax collections and make sure they dovetail almost precisely with the amount the City gives to Chamber on an annual basis. Mayor Monday noted however that with the carry forward the city will have brought back the $30,000 to support that budget and hopefully that will support it as a reserve. Councilmember Bell said he would like for the City to establish same sort of cushion or a reserve fund to take care of peaks and valleys. Mayor Monday noted this is exactly what the $30,000 is for. She said once this money is designated for tourism, it will never be mixed with the other monies of the city. Gene Pipes, City Manager, noted there was a high of $49,000 shown in reserve at one time on the spread sheet a year or so ago, so it does go up and down. He said he feels the estimates will be met, and the $30,000 cushion plus the possibility of other funds showing up in reserves should facilitate this new funding procedure. Councilmember Bell noted this is his judgment also and this is why he is prepared to vote for this contract. Mayor Monday asked Councilmember Gaines to review on the volunteer support. Ms. Gaines advised because of the ambitious program laid out, it is impossible for one person to do all the work it will entail. She reviewed the number of hours committed for volunteer support at no cost, including some 3,600 hours plus additional chamber staff time. She said the $80,000 is a very small amount compared to what the city is actually getting from this budget in the way of contributed hours of time from the volunteers. She said the Old Time Christmas in Huntsville was a real success by all standards due largely to the volunteers. Mayor Monday commended the efforts of the Tourism Council for their help in designing this plan. Councilmember Barrett made the motion to approve of the budget request for 1989 by the Tourism Division of the Chamber of Commerce and Councilmember Howard seconded the motion. Discussion: Councilmember Carter said he prefers a full time person in the Chamber dedicated to the tourism effort, and perhaps in the future we will reach a stage where that will happen. He asked since this person is not full time, are we paying benefits, and if so, are those benefits prorated? Mayor Monday noted the benefits are prorated 80% city and 20% Chamber. Councilmember Carter said missing are some policy statements or recognition that there are some general things here that do attract tourists. He asked that at some time there be a recognition, acknowledgement and even support for protecting the natural environment within the community, in the city MINUTES OF DECEMBER 13, 1988 CITY COUNCIL MEETING "BOOK P" 216 imits, and in the surrounding areas since he thinks it is threatened in various ways. He said if this ourism Bureau is concerned with selling what attracts people to this community, they should also be active n assisting to protect the natural environment that brings people here. He said he feels some public tatements need to be made. Secondly, he said, preservation and enhancement of historic structures is ecommended and public policy statements are needed from the Tourist Bureau. He then commended the Tourist ouncil, the Chamber and the Council's subcommittee for all their work. Upon a vote on the motion, all EXECUTIVE SESSION Mr. Gene Pipes, City Manager, advised the Council will recess into an executive session to consider ng litigation: City V. Southwest Associates -- Huntsville et. al. and to consider a settlement offer: er V. City of Huntsville. He noted the Council will reconvene after the executive session. FORMAL SESSION RECONVENED EXECUTIVE SESSION REVIEW Mayor Monday advised the Council does not have action to take as a result of the executive session discuss City V. Southwest Associates and Schaper V. City. City Attorney Scott Bounds advised no action taken in the Executive Session. He said he will bring back more documentation to the City Council cerning these matters. The Mayor then returned to the regular agenda items. CITY MANAGERS REPORT- -GENE PIPES Mr. Pipes advised the Council he wishes to postpone this item as he is not ready to have action at this time. Councilmember Knotts made the motion to table this item and Councilmember Howard City Manager Gene Pipes also asked that this item be delayed as the document has not yet been ved from the insurance administrator. Councilmember Knotts made the motion to table this item and Mr. Pipes said the City has originally intended to install this cable underground for aesthetic easons and to do it as part of the capital construction and utility work on Avenue M. He said the city has ince found, through its discussions with the AT &T people that the city neither has the expertise to pull he cable nor to care for it properly and in fact, the expense of the cable for materials is in the $11,270 ange, so it is felt the people who do this for a living should lay the cable as it would be a far better xpenditure of money, noting the labor costs involved is $5,510. He said this will be a change order to the T &T contract and will lay the cable underground from here to the police station, and from city hall to the EAP and-Library buildings. He said the total exceeds what the city had originally planned for the cable nstallation, but is well within the original estimate of the phone system. Councilmember Carter made the 1 rI MINUTES OF DECEMBER 13, 1988 CITY COUNCIL MEETING "BOOK P" 217 MAYOR'S ACTIVITY REPORT- -JANE MONDAY Joint Meeting with HISD Mayor Monday advised the meeting was productive with HISD last evening in that joint issues were discussed. She said another meeting will be held in the near future. Christmas Parade well attended Mayor Monday noted the Christmas parade was well attended inspite of the inclement weather, noting this shows this community event is a strong tradition in Huntsville. Invitation to Retirement Party of Judge Erwin Ernst Mayor Monday relayed the invitation to the retirement party for Judge Ernst tomorrow at the Courthouse at 1:30 P.M. in the District Courtroom. Superconducting Super Collider Support Appreciation Letter Mayor Monday read a letter from the Chairman of the SSC task force thanking Huntsville for its Letter of support of the project. COUNCIL ACTION H -GAC MEETING Councilmember Howard advised of the recent H -GAC meeting he attended on November 29 wherein Sandra Pickett was elected Chairman to lead Region 14 with Tom Reid serving as the alternate. He advised the Co- Chairman will be E. Don Skelton. Mr. Howard reported that Jack Steele, Director of H -GAC, presented the program and discussed economic development, job training and cooperative buying. He noted it was an interesting meeting. CHRISTMAS GREETINGS The councilmember generally exchanged Merry Christmas greetings. It was noted there will not be another Council meeting prior to the Holidays. ADJOURNMENT Respectfully submitted, haw, ,ty ecretary December 13, 1988