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MIN CC 06/13/1989HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 390 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF JUNE 1989 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M. The Council met in a regular session with the following members present: Jane Monday 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 William L. Hammock Percy Howard, Jr. Ruth DeShaw, City Secretary William H. Knotts, Jr. CITIZEN INPUT /INQUIRY SESSION Bonnie Strub, 1918 Avenue N Ms. Strub said she has done a lot of listening, but has not heard some of her questions answered. She said the city has stated there is a $12.00 a linear foot difference between laying pipe in a street and a sidewalk, but that was down where there really were no trees. She asked what the difference would be if the cost of removing many of these massive trees in the sidewalk area is added. She asked if residents, who Lose a major part of their landscaping, request a lower tax assessment because of lower property values, shouldn't this loss also be taken into account in the overall picture? Mayor Monday advised the staff will get back to her with answers to these questions in the next meeting. Elizabeth Delaney, 1602 19th Street Ms. Delaney, representing the Woodlands Association, which is the area from Sam Houston Avenue to the feeder road, bounded by about 16th to 22nd Street, advised they have several concerns they would like to express to the Council. She said first of all they appreciate the interest the Council has shown in the possibility of obtaining an arborist for supervising the installation of the water line. She said the concerns that many of the residents have raised is that an urban arborist may not have the skill necessary to act as a "preservationist ". She said they would like to encourage the Council to solicit applications from individuals that have that experience. She said she personally has been contacted by a number of forestry consultants and asked them to telephone Mr. Pipes and to correspond with him. She said one particular gentleman had experience in the water line installation in the Bellaire area of Houston and also at West University. She said she also received correspondence following an article in The Houston Chronicle from local residents in that area commending the installation of a water pipe and the preservation of the trees citing some of the techniques that were used and recommending the same gentleman that she referred to Mr. Pipes. The second issue. Ms. Delaney noted, is that they would like to know what the City's response will be to the letter from the Texas Antiquities Commission Third, Ms. Delaney said. they would like to see the City's tree policy revised. regardless of the outcome in their neighborhood, as they have a concern for the tree population in the entire community and think such things as historical significance, size of the tree, the species of the tree, the age of the tree, perhaps personal memorial value of the tree, and property impact in terms of removing the only trees on property, should be considered in the tree policy. She said they are aware the Council is sensitive to the tree issue, but they feel that a written policy would assure the residents that the staff will carry out the Council's wishes. Fourth. Ms. Delaney asked what the city's Policy will be in terms of right -of -way maintenance She said they are concerned that if the project goes forward, they might end up with right-of -way areas that look similar to the one at 16th Street and Avenue 0, which is asphalted within the right -of -way where one normally has grass; or the corners of 10th Street and Avenue J, where there are cement piles and gravel piles in the right -of -way. She said they are concerned about this and noted they would like to see a written policy about some specific type of restoration in the area. Ms. Delaney said they would also like to suggest that the Council consider inquiring of the City of IlThe Woodlands" about the procedure that city uses for repairing pipes in the street She said in the new 1 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "p" 391 area of The Woodlands, they have a new process for installing the pipe, which consists of grids in the roadway that are permanently installed in a way that they can be removed for easy access to the pipes. She said they would also like some more information regarding the City's master plan She said some people have expressed concern that the City is obtaining permanent easements on 22nd Street because there is a plan to widen 22nd Street and turn it into a maior thoroughfare. She said her position on this is that they need to ask the Council directly, rather than listening to rumor in the neighborhood. She said they are hoping the Council will be able to respond to this. Also, she said, several people have asked her to inquire if the city does plan in fact to condemn properties to obtain easements when the property owners are not willing to grant them? Mayor Monday advised the city will get back with Ms. Delaney on these questions as well. Ms. Delaney asked if those answers will be presented orally at the next council meeting. Mayor Monday noted they can be if that is what she would like, but in any case, the information will be provided to her. Mayor Monday asked if anyone else would like to speak who has not had a chance to sign in. There being no one, the Mayor closed the public input at this time. The Council then recessed for five minutes. FORMAL SESSION Mayor Monday reconvened the formal session at 7:00 P.M. Mayor pro tem and Councilmember Howard presented the invocation. CONSIDER THE MINUTES OF THE MEETING OF JUNE 6, 1989 Councilmember Barrett made the motion to approve the minutes as prepared and Councilmember Gaines seconded the motion. Discussion: Councilmember Knotts asked for two corrections in comments he made, changing the word "asphalt" cement, to "asbestos" cement; and clarifying the wording on his suggestion relative to using a backhoe on embankments. This comment now reads as follows: "Councilmember Knotts suggested another thing we might look into is that when the city installs lines under embankments that the city use a backhoe, noting it would just be extremely slow, but it could be done. He felt the excavation of the ditch should be done on an embankment that may not have as much vegetation as the other side of the street. He felt this could help in some instances to give us an alternate." With the proper clarification of Councilmember Knotts' comments all were in favor of the motion to approve the minutes and it passed unanimously. CONSIDER BOARD OF ADJUSTMENTS & APPEALS REPORT Consider a report from the Board of Adiustments and Appeals Mr. Allan Pritchard. Chairman, concerning its review of the building codes as requested by the City Council Mr. Pritchard presented a list of six specific recommendations from the Board of Adjustments and Appeals in regard to its review of the various codes that are currently being enforced by the City of Huntsville in the Board's area of expertise. He reviewed the procedure used in this review which included the use of a questionnaire to the general public and professional contractors. Mr. Pritchard also presented copies of the minutes of their meetings germane to these discussions, which also detailed those changes the Board elected not to incorporate into their recommendations. Mr. Pritchard then presented the Board's six recommendations, as follows: 1. Extend the jurisdiction of the city's Plumbing Code to the two mile extraterritorial jurisdiction of the city. [Recommended by one of the licensed plumbers in the city. He said the Board decided not to comment on this recommendation because it didn't know whether this could be done or not. It is just submitting it for the Council's consideration.] Mr. Pritchard said recommendations 2, 3 and 4 were submitted by the City's Building Inspector, Ms. Cindy Kellgren. He said they involve insuring some leniency in the operation of small businesses from the home. He said the 400 to 600 square foot requirements deal basically with a two car garage, etc. He said the HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 392 rd felt a commercial enterprise of that size did not need to be burdened with the requirements for having it electrical distribution system in conduit; meeting all of the state handicap and entrance and exit e requirements, plus meeting the fire ratings, etc.] Amend Chapter 7, Electricity [Sec. 7- 6(g)], to allow a commercial structure 600 square feet or less or non - hazardous use not be wired in conduit. Standard Building Code (Sec. 508) to allow a structure 600 square feet or less intended for commercial use be allowed to operate without complying with the handicap requirements. Standard Plumbing Code (Section 922); Standard Building Code (Sec. 508, Sec. 403) to allow any home with a commercial occupancy of 400 square feet or less to operate without complying with the restroom facilities, handicap requirements and fire rating for non - hazardous occupancies. Standard Excavation and Grading Code (Sec. 102.9). A fill less than 2 foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than 3 feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course [is exempted from having to obtain a grading permit from the Building Official]. [Mr. Pritchard noted this refers to an excavation requirement of the grading code and basically allows that in doing a fill for a house slab, residential or commercial, providing the depth was not exceeding a least two feet and also providing there was not in excess of 50 cubic yards of fill to be occupied on site.] Standard Excavation and Grading Code (Sec. 1003) proposed change - remove paragraph one. Replace with the following paragraph: "For engineered grading, it shall be the responsibility of the owner to obtain the services of a civil engineer to prepare an approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. The owner shall also be responsible for obtaining the services of a civil engineer to inspect and certify the grading within his area of technical specialty, act as the coordinating agent in the event the need arises for Liaison between other professionals, the contractor and the Building Official and to prepare revised plans and the submission of as-graded grading plans upon completion of the work." [Mr. Pritchard said basically this was the common practice involved in the hiring and retainage of professional or civil engineering personnel to draw up plans and prepare them for city inspection. He said a normal practice within the industry these days is not always to retain the same engineer to inspect construction at some future date, but sometimes to get someone else to inspect. He said the Board decided the burden should be placed on the owner or the permit applicant rather than the engineer who was drawing up the plans. He said as the code previously stated, the engineer was responsible for the construction of whatever he drew up and were the owner or tenant to cease the contractual agreement with the engineer, then he would have no legal recourse if something was built after his contractual obligation is terminated. Mayor Monday said then this leaves the option to do either one; retain the same engineer or get another one. Mr. Pritchard said this leaves the option with the owner or makes the owner responsible for that requirement within the code.] In summary, Mr. Pritchard thanked his fellow board members for their work on this project, noting some of the meetings were rather Lengthy. He introduced Mr. Luther Jones who was in the audience, and noted the other member are Bill Nowlin, Ron Howell and Curtis Skains. He said Ms. Cindy Kellgren, City Building official, assisted the Board by arranging for staff assistance. 1 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 393 Questions from Council Mayor Monday asked the Council for their questions at this time. She noted all questions will be forwarded to the staff so that this entire matter can come back to the Council in a work session at some future date along with the recommendations of the Planning Commission. Mr. Pritchard said the Board members will be happy to return to the work session to discuss these recommendations with the Council. Councilmember Barrett expressed his appreciation for this study. He said there were some people who were concerned about the building codes saying they were prohibitive to those who wished to build. He asked if there was good participation from the public. Mr. Pritchard advised all of the comments the Board received are in the minutes and he characterized the amount of input and questions raised concerning the building problems to be somewhat weak. He said their portion of this review, however, dealt only with code changes and not with areas of expertise on the Planning Commission. He said he cannot answer for the Planning Commission, but there were very few changes recommended in the codes because of the need to modify various other parts of the code; excavation, plumbing, electrical. He said so many of these codes follow national guidelines that there were very few changes recommended. Councilmember Barrett surmised then the Board did not have many people who were critical of the codes or the way the city is doing its work Mr. Pritchard said "not at all." Councilmember Barrett noted however the people did have a chance to come to discuss their concerns with the Board. He thanked the Board again for the time they spent. He wanted it to be known that the Council is concerned and it does want to do the best it can to get growth and building back to normal. Councilmember Knotts questioned recommendation number 5. Mr. Pritchard said the grading code, as written before, allowed a fill of less than one foot. He said the Board felt a one foot fill depth in the City of Huntsville was rather ambiguous because of the rolling terrain and it felt justified in going to two feet without including it as a part of the exceptions. Councilmember Knotts asked if this would not be under a house slab. Mr. Pritchard said it would not normally, as normally these are going to involve commercial type structures because we have other aspects at which to look. He said this is in a non -load bearing situation. Councilmember Bell said he has heard comments from various people that it is very expensive to build in Huntsville and that Huntsville is more restrictive and its building codes are more rigorous than virtually anywhere else in Texas or the southern region of the United States. He asked if it is Mr. Pritchard's perception that the City is following standards practices and are these the kinds of codes one will meet virtually anywhere one goes in this region? Mr. Pritchard said "Yes." He said one comment made to the board, which was made by a Conroe contractor, concerned the relative cost involved in installing a Lawn sprinkler system. He said when the Board pointed out to him the various costs that were directly involved in the installation of a home lawn sprinkler system and made a comparison for him between the cost in the City of Conroe, Huntsville was one -third less than the City of Conroe, which is generally on a delivery based rate or on a per head rate, depending on what particular ceiling one uses. He said as a general rule. the Board found that the costs and permit fees and various things that are involved in the City of Huntsville compare favorably with the majority of the other cities He said the codes that are involved in enforcement are basically the same codes that are enforced in 1.000 other towns in the State of Texas. He said quite a number of these codes are national codes that are enforced throughout various parts of the county; i.e., the Southern Building Code is enforced probably throughout eight or ten states in the southern region of the United States. He said these codes are not out of line at all in terms of building requirements in other towns as it deals with codes Councilmember Bell noted he appreciates this clarification, noting it is important to remember we have nothing for which to apologize in terms of codes. Mr. Pritchard said the Council can change the treatment of various items of code through policy decisions and the Council has made some policy recommendations and has reduced the fees as stated in the code to make them more palatable to those who are trying to build. HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 394 Councilmember Bell asked about the handicap requirement in recommendation number three. He asked if this is a state requirement rather than a municipal requirement and would the city have to retain this because it is state law? Mr. Pritchard advised if we are dealing in the enforcement of the code, then the city might have to, but he would think, by policy, the city could make this recommendation. Councilmember Bell noted then the Board's recommendation is that the city would reconcile this with whatever exists in the state. Mr. Pritchard said that is correct. He said under the codes, the city is required to enforce state Law and it could recommend that policy not apply under certain provisions or certain situations and this is basically what the Board was referring to in these three recommendations (2, 3 and 4 above). Mayor Monday thanked Mr. Pritchard and the other board members for these recommendations. She noted in that when the Planning Commission files their recommendations with the Council, the Council may wish invite them back for a mutual review in a work session. CONSIDER CAPITAL IMPROVEMENTS PROGRAM SUMMARY FOR 1989 -98 Mayor Monday said before the Council starts this particular section, she felt it would be appropriate, because of the interest in the 19th and 22nd Street areas, that within the capital improvement program concerning water and sewer infrastructure improvements, [the scope of which is to continue rehabilitation of the existing water and sewer system within the older part of the system] that the Council may wish to address now a number of things pertaining to those areas. She noted the first thing that needs to be addressed is the Texas Antiquities Committee letter, which she then read into the record, as follows: "The Antiquities Committee has recently been given notice of the City's plans for the development of a waterline project along 19th and 22nd Streets and Sam Houston Avenue in Huntsville. This project could potentially impact archeological deposits; therefore, an archeological survey under an Antiquities Permit may be necessary prior to development. "The Antiquities Committee does not object to the area being developed, but the fact that historic and prehistoric sites have been recorded or do exist within the area of this proposed site produces a high probability that your construction could adversely impact such deposits. "Please send us a project map and basic specification plans for the project so that the Committee may accurately review your development plans within the public easements. Once we have reviewed your development plans, we will contact you as to whether an archeological investigation will be required prior to project development. If an archeological investigation is necessary, your contract archeologist will be required to perform such investigation under an Antiquities Permit. "Thank you for your assistance in this matter. Please contact us at (512) 463-6098 if you have any questions. Sincerely yours, Mark H. Denton, Staff Archeologist." Mayor Monday noted in light of this development, since the city is in a high construction period procedure. Mr. Pipes advised the city has an ambiti,pus construction schedule for the summer, which includes a number of other areas and this delay will not significantly impact, at least initially, the ongoing work product or output. He said, however, there is virtually no area that does not have some sort of associative problem or some relationship concerning the arborist. He said it will not be difficult for the city to find work, noting the ten year capital improvements program affects all parts of town and it will not pose a problem for the next several weeks to deviate from the planned schedule. He did make the Council aware again of the conditions under which HISD aranted the PaFPmPnt that rrncePC in frnnt of the rihhe ci —t —w 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 395 School. noting the assurance was given Dositively that the City would finish that portion of the project prior to the onset of school in August. He said much of a delay would force that to be a year delay from the summer. He noted this is the only caveat but in response to the question it would not be difficult for the city to find another place to work for some time. Mayor Monday suggested to the Council then that it direct the city to move on to another section of town. Councilmember Knotts asked the City to see what SHSU did on their installation at the entrance to Sam Houston Museum as to what their status is with the Texas Antiquities Committee. noting perhaps the City could work under the same permit with them Councilmember Green said with regard to the portion of the 19th Street project that impacts HISD, he asked if this is also a part of the Antiquities Committee's concern? Mayor Monday noted the letter refers to 19th and 22nd Street and she assumes it includes all of the area in between, but this will be clarified. Councilmember Green felt perhaps the city can at least do that Dortion of the project as approved if that is a requirement of the easement. Mayor Monday advised this will be a consideration in Mr. Bounds' review. Mayor Monday noted whatever policy the city follows needs to apply throughout the city and not iust in one area of town. She said if it is our decision to hire an arborist to work with the city's crews then he will work throughout the community as they move no matter where they are working in order to coincide with the street proiect. She said she is now willing to recommend that the City hire an arborist to work throughout the town so that the policy is the same for all of the city. Councilmember Gaines felt very strongly that the Council has made a policy in regard to laying the water lines and it was given to the staff under which to operate. She felt the Council needs to give them all the help it can to carry out that policy. She said she would like to recommend that the City hire an arborist, but that it do it on an "as needed" basis to be used anywhere in town where he might be needed, not necessarily for the 19th Street area. She said he could serve when needed to consider particularly Large trees, old trees, or even trees that are in close proximity to water lines that might be damaged or impacted by that type of work. She said the Council is sensitive to the tree issue and she feels this is a way it can indicate this sensitivity and at the same time give the staff the help it needs. She said it is not fair to dictate policy and parameters within which to work and not also give the tools with which to accomplish that work. Councilmember Barrett asked Mr. Pipes for a summary of the services of the Texas Agriculture Extension Service that can be offered to the City, as per Mr. Lannie Dressen. He felt their services could be delivered to the city at a much less cost than a full time arborist. He said he feels the city will probably need an arborist on a limited basis, but feels there should be a monetary cap on that cost; such as $5,000, and to utilize the arborist when in dire need and not all the time and to integrate this program with the Texas Agricultural Extension Service, which can give the city the same service at much less expense. He asked Mr. Pipes for the run -down of that service and when the city may expect to use it. Mr. Gene Pipes, City Manager, advised he did speak to Mr. Dressen a few weeks ago, by referral from a local forester. He said they do have a considerable amount of experience and expertise in this area. He said Mr. Dressen expressed a great deal of interest in providing this service, but his concern was, in terms of urgency and the eminence of the project, that they would not be able to respond in a timely fashion. He said given the timeline he relayed to him at the time of their visit, Mr. Dressen indicated that would be a problem for them, because as a state agency, it is a matter of assignment and working under their schedule, etc. He said he has not spoken to him since then, but feels, as a general advisory group, working with the council to develop a policy involving specifics, they would be a very good resource. He agreed by use of a state agency, the city would limit its direct consulting costs. Mayor Monday noted the Council may now want to authorize the City Manasger to hire an urban arborist. on a consulting basis only, to put a $5,000 cap on his fees and authorize the City Manager to continue to work with the Texas Agricultural Extension Service to see where the city might be able to work with them and integrate our needs into their schedule as it might permit Councilmember Gaines then made the motion to hire an arborist on a consulting basis with a cap on the fees in the amount of S5,000 and to HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 396 Discussion: Councilmember Green asked if the $5,000 is the maximum forever or just for a particular ime frame. Mayor Monday advised there is no time frame, but when that $5,000 is used, any request for nother authorization will require Council approval. Mayor Monday said the City Manager will address which rborist we will hire in the City Manager's report later in the agenda. Councilmember Knotts felt the city ay run into a problem trying to hold the costs with a cap. Councilmember Barrett said he hopes the city on't use the $5,000 and he sure didn't want to use $21,000. CounciLmember Knotts felt leaving it to the ity Manager's or City Engineer's discretion may be better. He did not feel there would be that much impact n the 19th and 22nd Street areas. He said he would think we would need for them to tell us how to go eeper under the trees or next to the trees or how to better save them. Councilmember Knotts felt we are robably still talking about less than 100 hours. Mayor Monday said once the arborist is hired, he or she ill be on staff and will be working throughout the community and when we get to 19th Street and 22nd treet, the arborist will be working there, but to begin with, he will be working throughout the rest of the ommunity. She said once the cap is exceeded, the City Manager can come back to the Council for onsultation or the Council can leave the cap off. Councilmember Green asked, with regard to the hiring of someone to do services for the city, if the roposaL is to hire a specific arborist or is it just hiring an arborist? Mayor Monday noted the motion on he floor is to hire an arborist, and we will decide on which arborist in the City Manager's report as he ill be making a recommendation. Councilmember Green asked why this is not all being done together as he elt we were piecemealing. He said perhaps the City Manager should make his report now so the Council can ote on the whole thing at one time. Mayor Monday noted we can do this if that is the Council's desire. ounciLmember Knotts noted what is being done here is more of a policy statement that we are going to hire n arborist. He felt we also need to state that he will be the ultimate authority along with the City anager and the City Engineer. Mayor Monday noted she agrees they will be making the decisions. Mayor onday noted then the motion at this time has the $5,000 cap on it. Councilmember Bell asked what the city expects the arborist to do other than consulting as to which rees will be affected and what we should do to handle those trees. He asked if we envision his advising us n all the trees within a 100 foot area of where the city is working and requested a redefinition of the cope. Mayor Monday said specifically the motion means the arborist will be utilized by staff on a onsulting basis if it feels a need to consult with him on how to preserve a tree or how to minimize damage f a tree and he will be working with the staff on a consulting basis, giving them advice that she was sure he staff would follow. Councilmember Bell said then it will be for all trees in a work area in general. e said the Council also talked about some trees that may not be worth the expense of preserving while other rees clearly are. He asked if we could ask the arborist to make evaluations; noting a two inch oak may not e worth an additional $1,000 of expense, but a six inch oak might well be worth that. Mayor Monday noted he staff and the arborist will be deciding. Councilmember Carter noted it was mentioned the arborist will be on -call to the city staff and asked f this means the city staff will decide which trees they need to consult the arborist about. Mayor Monday aid "yes, under the policy." Councilmember Carter said then it might be that the city staff could decide hat no trees in the 19th and 22nd area deserve consideration by the arborist. Mayor Monday said one of the hings we will be looking at is to dictate into the policy that we will strive to preserve our historic rees and try to work to minimize the damage. Mayor Monday then restated the motion: to hire an arborist to work with the staff on a consulting 1 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "p" 397 Discussion: Councilmember Carter said he still has a question on the on -call provision because i seems to him that we are back to where we started, as even though we hire an arborist, we don't know what h will be doing or where. Mayor Monday said that will be a determination by staff and the arborist with th new direction to try to preserve, if possible, all the historic trees and minimize the damage to tree adjacent to the work area. Councilmember Green asked if he is suggesting that we also use the arborist I help identify the trees that will be impacted. Councilmember Carter said "yes." Councilmember Knotts sai right -of -way that could be affected. Mayor Monday noted these kinds of guidelines are good and Mr. can incorporate them into his thinking as he prepare the contract. Upon a vote of the motion on the all were in favor and it passed unanimously. Communication Model- -External and Internal Mayor Monday said the Council may also wish to discuss the external and internal communicati system the city has been using, noting there were some problems with this so that people were not getti the same story and this caused some concern. She felt it would be appropriate if Mr. Pipes would visit wi that we can avoid some of the questions. Councilmember Bell noted he appreciates the Mayor's suggestion, but would like to be more specifi about trees as we discuss approaching these various neighborhoods. He said he'd like to see the cit specifically commit itself to give the residents at least ten days advance warning before the surveyor' markers are placed in the neighborhoods. He said these stakes are a little intimidating. He felt th �itvfe antr —a into n nainhhnrhnnd chruil d heain with a aeneric Letter saving the city is about to stall about the new water or sewer program. Mayor Monday appreciated the suggestion. She felt the staff should take a look at this and to bring back its recommendation. Councilmember Green felt that relative to any impacted area, that the staff come back to the Council with a procedure for its review to see how the city might better communicate with any area that will be impacted by the construction of utilities and possibly not just the people that are impacted, but a better dissemination of information to the staff that will be performing the iob as well. Councilmember Barrett asked for more detail on the contract for the arborist. He said he would think they would not be paid as much for "travel time" as they would for "job time" and the city should know those terms before it accepts a contract. Mayor Monday suggested we talk about specifics for the contract in the City Manager's report. Councilmember Bell asked if we are not at the point where we are talking about policy with which we are approaching the neighborhoods in terms of capital or will we be talking about the policy later this evening? Mayor Monday noted that is not on the agenda. He said the Council has talked about the policy of using an arborist and about communication models and thus the Council seems to be into that realm. He asked if he could offer at this Point a couple of other suggestions: specifically, as the city goes into an area, it would reassure the neighborhoods if the city made a commitment to try to replace some of the sod or ground cover that exists before backhoes or ditch witches begin digging up dirt. He said he knows the city does not currently have a policy of replacing the vegetation, but he would like to present this for consideration as he felt it would be reassuring if the city would say it would replace the dirt by replacing the top levels with top soil and secondly on top of the top soil it will at least re -sprig with San Augustine or Burmuda, or whatever the appropriate cover might be. Mayor Monday said the policy now is that the city will replace sidewalks damaged driveways and dirt and grass seed, but it will not re -sod. She said to change this will require a change of policy and asked for the Council's comments on this. Councilmember Barrett said he thinks we would need to know what dollars and cents are involved. Councilmember Gaines felt if we are going to re-sod, then we are going to get into flower beds, and where HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK 'IPII 398 ill it stop. Councilmember Bell said the City of Bryan stops at grass because they feel they have to put omething back to stop the dirt from washing away and to restore some of the aesthetic elements of the eighborhood, but do not replace flowers, shrubs or any other thing, however, the replacement of grass olds the soil and alays some of the fears of the neighbors. Councilmember Knotts said re- soding could be one on a block pattern, skipping every other square foot. Mayor Monday said to remember whatever policy hange is made will be done the same all over town. Councilmember Knotts suggested this be done on an Councilmember Bell then advised the Council there are going to be disputes, questions, and one meowner is going to be pleased with the work the city did to restore his property, and then there will be hers who will not be so satisfied and feel the city owes them compensation. He asked the Council's __:J___r___ - - a_ . -- - -r .w ..... .IA L... ------ -. -r.. F.. r -Le ....e ..f •{.e ,.: ♦..Ic — ;.+ ;nn L--.. A. nr veryone's satisfaction. He noted perhaps we could use the Green Space Committee in this way to hear ircumstances or cases in which a homeowner or a person impacted by the city's capital improvement project eels the city didn't meet the requirements of the city's policies or what he expected. Mayor Monday cited a case in Ward one where the city completed its extension work and re- seeded the rea with grass, but the homeowner complained it was not the right kind of grass. She said the city then ad to dig up the yard to try to put back the right kind of grass. She said it ended up to be a mess. She elt there are some problems inherent in this. She reminded the Council again that what we do for one, we eed to do for all, whether we sprig grass, or resod with blocks in a skipped block pattern, etc. She said t is unfair to the staff for the council to say they should do one thing for one yard and something ifferent for another. Councilmember Bell suggested, however, that this idea be analyzed, noting we do not have to make a ecision tonight. He asked for a staff recommendation as to whether it is feasible. He encouraged the taff to make contact with some of our sister cities who apparently do implement these sorts of policies. e said there are boards of arbitration in other cities and there are also sodding policies in other cities. ouncilmember Hammock asked Councilmember Bell if these arbitration boards would have the power to spend the ity's money if they are not elected? Councilmember Bell said he sees them function like the Planning ommission. Councilmember Hammock noted the Planning Commission does not spend the city's money. After consultation with the City Manager, Mr. Gene Pipes, Mayor Monday advised the city's Policy is Councilmember Bell asked that the staff also take a look at the concept of a "Board of Arbitration" here there is a recourse for people to go if they feel dissatisfied. Mayor Monday was not sure this oncept had consensus. Councilmember Knotts did not favor opening up another bureau. Councilmember Barrett elt people who have concerns such as this could come to the City Council as the whole council should hear t and should know what is happening. He said then if we want to put some money into it, we can as we have he power to do it. He said he would like to have people's concerns brought to the Council. Mayor Monday 1 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 399 Councilmember Howard noted it is his hope the council will not impede the work of the staff in th field as he did not want to create a whole bureaucracy or people coming out there and telling them what t do and creating problem after problem. He said as we approach a policy issue, we must keep in mind that m are dealing with the whole community, not just one section of town and we can't make a lot of proposals i one area that we cannot carry out in another. He said in this whole mix of things, we don't want th workers to become so frustrated that they can't do their jobs. He said the Council as a policy-making boar must "keep its hands to the policy plow" rather than "creating real boomerangs of issues" that the Counci can't put into effect. Councilmember Carter said he agrees with Councilmember Howard wholeheartedly on this, except for th incident that occurred this last week when the City crew was in the wrong place and had it not been for citizen who approached the city crew to stop them from doing the work they were about to do, and which the completed to some extent, then they might have gone ahead and done some damage to an area in which they war not even supposed to be working. He said he understands the City does not want citizens or even the Counci to be out there telling people how to work, but we do have to have the ability to approach crews, especiall citizens have to have that ability, when they are uncertain as to whether a crew is correct or not. Mayo called in case there is any kind of problem. consultant revenue requirement review Mr. Gene Pipes, City Manager, presented the annual update of the complete capital improvement ! program for the next ten years, as provided in the council's documentation, noting this is an ongoing effort in which the city has been involved since the early 19801s. He said this is presented for two purposes: 1) we have just completed the review of the comprehensive plan that took almost one year in the process, and this is the implementation vehicle of that plan and he hoped it comports very favorably with the Council's intent and desire in terms of accomplishing goals and objectives of the comprehensive plan; and 2) the city hired a utility rate consultant several weeks ago for the purpose of reviewing the city's utility rates prior to the annual budget review and adoption of the rate ordinances necessary to implement that budget. He said the city has extracted from this capital improvements program a summary of the water and sewer capital improvements for the next several years for the purpose of being able to project, for that rate consultant, what the city would expect to expend under its normal program of work that has been underway for some time. He wanted to be sure everyone understands that the city does not intend to suggest by this document or that review page, that the city is recommending any rate increase by virtue of the work, but certainly the city is expecting the consultant to consider the city's program of work in the capital improvements area and its operations and maintenance budget in order to establish the necessary rate structure. He said the city does not expect to have a rate increase in the water and sewer rate area. He noted the subsequent item on the agenda is the sanitation review, and the city is simply summarizing those items found in the CIP for the purpose of having it available for the rate consultant to use in working out the formulas and plans in the rate system he will be recommending for Council consideration in July and August. Mr. Pipes advised he does not expect the Council to approve the capital improvements program this evening upon first reading, although a resolution adopting same is provided. He said this is, however, the program of work the staff has evolved for their review and consideration and it would be adopted at a subsequent meeting in conjunction with the review of the budget prior to adopting the CIP budget for this year, which will then be incorporated into the overall operations and maintenance budget of the city. Mr. Pipes referred to the review of the sanitation program funds for the purpose of the consultant's review. He said no formal city council action is required on this information. He noted it is important that the scope the utility rate consultant is considering, for water, sewer and sanitation rates, be considered. Mayor Monday noted on the water and sewer information, these are the projects on which the HUNTSVILLE CITY COUNCIL MEETING OF JUNE 131 1989 BOOK "P" 400 council has built the master plan for the next ten years. She said if, and she assumes that there are no major changes in these, then the rate structure will be developed on these with the caveat that we are going into that with the presumption that we will operate as planned; that these will fitted into a program that will not require that, and that this will be where we will be headed for the next ten years. Using that as a basis, she said, then our rates consultant will come to us with a recommended rate structure so that things could even out throughout the city and that they do endorse this. Mayor Monday noted she does see consensus on this from the Council. Mr. Pipes noted sanitation is somewhat of a special case situation, noting in setting up the sanitation fund several years ago, the city set aside a capital reserve for the purpose of replacing, at some point in time, the city's disposal method, either by another Landfill or incinerator or recycling) program of some sort, but it did not have a specific plan for the expenditure of that money. He said that fund has accumulated to $665,000 to -date. He said if there is any real expectation among the staff at the present time, the city expects the more dramatic changes in the city's rate structure will come in the sanitation area. He said this money could be available to phase in whatever necessary rate changes may be indicated among the various classifications of rate payers. He said if the Council does this, and exhausts the funds, then it is mandating that at the time when we change to another disposal system, method, or a new landfill, it would have to be financed through debt structure. He said this is what the city intended when it set up the fund initially, as a reserve, that the city would not have to generate as much debt, but certainly the rate payers today are paying for the future disposal costs in some aspects by setting up such a sinking fund. He said he felt obligated to make the Council aware that this fund had accumulated to $665,000 without a specific capital expenditures program as the city has in water, sewer and street in the CIP. He said we have not reached that decision yet. He said while our annual capital costs at the Landfills run about $200,000, we have that factored into the rate base; then the $665,000 is the additional that has been accumulating for future capital needs and the appropriateness of that, whether the city uses debt service to pay for that when it comes to that decision, or what method, is an issue that has not been discussed by the City Council. Mayor Monday noted the rate consultant will be given the two alternatives CONSIDER A RECAP OF AVAILABLE FUNDS Mr. Gene Pipes, City Manager, presented a memorandum from the Director of Finance, Patricia Allen, dated June 1, 1989, showing a recap of available funds. He advised the staff indicated some time ago it would always keep the Council abreast of the operating funds. He said the reserve for future allocations in the general fund was increased during the mid-year budget adjustment to $164,000. He said the funds remain unchanged. He said the capital improvement monies are indicated and the council can see it has many more jobs to do than it has the funds to perform. He said in the capital street program, the Council can see the $2 million bond issue, beyond this year's commitment for $1,275,000, is rapidly dwindling and there will be a need for the second phase of that bond issue by mid- to late 1990 in order to continue with the program. CITY MANAGER'S REPORT --GENE PIPES Discuss 1989 Capital Improvements Projects (CIP) and Policies Mr. Pipes, City Manager, indicated the Woodlands Home area is not the only work the city had planned and scheduled this year. He said the Council may have noted Avenue M has received its level-up course today, which is a carry over project from last year. He said 13th Street and 12th Street from the Walls Unit through the Square and to Avenue M will be beginning shortly. He said 14th and 15th Street will be done; 15th Street from Avenue 0 over to Avenue Q and Avenue Q from 15th Street to 11th Street, and a number of other areas will be underway in conjunction with the program; noting there is quite an ambitious program of work in addition to the Woodlands neighborhood that has been being discussed for some time. 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 401 Consider Selection of the Consulting Arborist Mr. Pipes said the Council has also been discussing, in conjunction with this, the selection of ar arborist to assist the staff in mitigating the damage to trees where they come in conflict with planned water lines. He said the staff does appreciate and concur with Council that this service is needed all over town and it is happy to have that assistance and to have its support in this respect. He said all of the discussion that has been reported in the media has resulted in quite a number of voluntary submittals by the various consultants, several received late today from other individuals who in their own right have a great deal of expertise and knowledge. He said he has not had time to contact all of them individually and some not at all. He said he did have a returned call late today from one of the two Huntsville individuals with whom he had initial contact prior to last week's meeting and he indicated his schedule was such that he could come to Huntsville to outline the details of what he would propose. Mr. Pipes noted, however. in the staff, he is happy to recommend for the Council's consideration Forestry Associates Consultant Group with Mr. Mark E. Erb, as the forestry consultant who is a local resident of the City of Huntsville and his affiliate. Mr. Wilson Braeden. an urban arborist He noted both of these gentlemen visited extensively with him and Mr. Boyd Wilder, Director of Public Utilities and Mr. Glenn Isbell, Director of Design Engineering over a week ago. He said they are very familiar with the situation in the Woodlands Home area and traveled over town on that day and are aware of the considerations and concerns. He said he has a great deal of faith in their expertise and their particular unique interest in this project in helping the city and the neighbors go forward with a very positive and constructive program. He said he would be remiss if he were to indicate there is anything wrong with any of the other individuals or firms that have offered their services for consideration, but because Mr. Erb is local and his associate does have the specific expertise and the practical experience as indicated in his resume and in their discussions, therefore, he would be very happy with them and recommended them to the Council. Councilmember Gaines made the motion to authorize the City Manager to hire Mr. Mark E Erb and Mr. Wilson Braeden and Councilmember Barrett seconded the motion. Discussion: Councilmember Gaines asked what the consultant's rates would be. Mr. Pipes noted their rate is $60.00 an hour, noting he has discussed the $21,000 figure with them and they indicated they were operating under the assumption that it would be an ongoing association over the next 18 to 24 months and the $21,000 figure is based on a very soft grab figure of how much time might be required in order to address all of the concerns that were voiced. He said they are more than willing to work on "a cost- not-to- exceed" basis. He said Councilmember Barrett's comments are well taken and the staff does need to structure the situation to where we have the expertise available, but we do not need to "load up" on the situation and can use the Texas Agricultural Extension Service where they can best assist the city. He said he will also take into account the difference in "travel time" and "on- the - around time" as he and the City Attorney work up the an effective contract for services. He said he will be bringing that contract back for the Council's', review. Mr. Pipes said the consultants are acutely aware of the economic concern as well as the economic] benefits of trees, etc., but they are also acutely aware of the cost - benefit analysis type problem in terms ! of additional costs of construction and where those things meet is the part where the city needs the expertise. He said not only are they sensitive to this, but they are sensitive to liability questions and the individual's concern on site. He said Mr. Erb and his partner have had a great deal of experience in saving trees in their professional work and seem to have a good balance in their outlook on the overall project. Councilmember Carter asked if one of the options they will be considering is going around trees and veering pipes through intersections to avoid conflicting with trees. Mr. Pipes said the consultants will be Licensed to consider any and all alternatives and make specific recommendations. He said they will also be making recommendations on the city's policy where the policy and their recommendations may come in conflict, noting the Council may well see fit to change the policy as it exists at the present time as may be indicated by those discussions. Councilmember Carter noted then it is an option that the City might move around a tree rather than hand dig, bore, or use a root saw? Mr. Pipes said the consultants are not limited HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 402 by any criteria. Councilmember Knotts noted, however, the city would be limited by the cost factors. Mr. Pipes said the cost factor would definitely be a consideration. Upon a vote on the motion on the floor, the motion passed unanimously. Monthly Report on Sales Tax Revenues Mr. Pipes reported the monthly report on sales tax revenues has been received for the reporting period which ended May 31 and is inclusive of some of the Easter and East Texas Folk Festival activities. He said it does indicate an increase from $143,288 last year to $147,251, which is a 2.70 percent monthly increase and maintains the base for the year at 5.75 percent. Next Regular Meeting of Council Mr. Pipes advised the next regular meeting of the City Council will be on June 27, noting he will be out of town for part of this week due to family illness. MAYOR'S ACTIVITY REPORT- -JANE MONDAY Consider Board ADDOintments Huntsville Housing Authority -- Mayor Monday submitted the name of Mr. David Ward to serve on this Board to fill the position vacated by the resignation of Jayn Gebert, whose term expires in July of 1989. She noted in order to do this, Mr. Ward will vacate his current position on the Library Board. Councilmember Hammock made the motion to accept the Mayor's recommendation to appoint David Ward to the Huntsville Housing Authority and Councilmember Barrett seconded the motion Upon a vote on the motion all were in favor and it passed unanimously. Library Board -- Mayor Monday noted with this appointment, there is now a vacancy on the Library Board. She then submitted the name of Ms. Carolyn Gaines to fill the position vacated by David Ward. Councilmember Howard made the motion to approve of this appointment and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. Planning Commission -- Mayor Monday then submitted the name of Mr. Dan Davis to serve out the unexpired term (until October 1, 1991) of Mr. Joe Sandel, who has resigned. Councilmember Barrett made the motion to approve of this appointment and Councilmember Gaines seconded the motion Discussion: Councilmember Knotts asked if Mr. Davis is employed by a bank. Mayor Monday noted he is not. Upon a vote, all were in favor and the motion passed unanimously. Juneteenth Celebration Invitation Mayor Monday advised the Council they are invited to participate in these activities and to ride in the parade on Saturday. She noted the parade will begin at 12:00 Noon with the line -up being at 17th and Sam Houston Avenue a little before 10:00 A.M. Mr. Pipes noted since he will be out of town, he will make alternate transportation arrangements for the Council to be brought back to their vehicles. The Mayor asked that those who can attend notify Debbie Bailey or Ruth DeShaw. She said the Council is also invited to an awards ceremony at 7:00 P.M. that evening. Drug and Alcohol Task Force Report Anticipated Mayor Monday advised on the meeting of the 27th, there will be a community -wide report made by representatives of the Alcohol and Drug Use /Abuse Task Force. She reminded the Council there are approximately 100 people working on the committees formed under this Task Force. She said they feel they will be able to bring to the Council some very concrete recommendations on how to look at both drug and alcohol abuse in our community and how these problems can be countered. :l 1 HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 403 COUNCIL ACTION Drug and Alcohol Task Force Councilmember Hammock echoed the information presented by the Mayor, noting a lot of work has bee going on in the community of which he is aware. He also felt the report to come on the 27th would be ver meaningful. Downtown Restoration -- Grant -- Illusionary Architecture Councilmember Knotts advised that he would not be in favor of using public funds to paint the illusionary architecture on the private buildings downtown. He felt the grant should be used to provide for underground utilities, electric utilities, etc. He said he would not want to spend public funds because the grant would be for $150,000 and the city would have to match that on a two to one basis and would be obligating $100,000 a year from the general fund to that and he would be against that. Mr. Pipes said whit he understands and appreciates Councilmember Knotts' concern, the grant would envision local funds, no necessarily City of Huntsville funds, but it may be funds from the local public ownership of the buildings, etc. He said the City could restrict the use of its funds to utilities, sidewalks, and things of public value rather than private property improvements and still be eligible for the grant. In the final analysis, he said, as in all cases, the Council will have the authority to accept or reject the grant on the terms that evolve at the time. He said the Council has not acquiesced its authority at all at this time. Drainage Policy -- Vegetation Concerns - -Work Session Request Councilmember Carter asked if the Council could schedule a work session for the next meeting to discuss the City's drainage Policy in terms of vegetation in drainage areas He said there were some questions raised after the work done this week; rumors about what was said about what the city was going to do in drainage areas. Mayor Monday asked if there is consensus on the Council to review this item. Councilmember Knotts said he didn't know what the Council would be talking about. Councilmember Carter said he could ask his questions now. He said it was said by city representatives to inquiring residents that the city is getting ready to clean out all of the drainage areas. He said the residents took that comment to mean remove the vegetation as that is what this crew was doing. He said he thought it was the understanding of the City Council. with only some opposition that the city would not clean out the natural vegetation in natural drainage areas. Mayor Monday asked Mr. Pipes to clarify the city's Policy. Mr. Pipes advised this may be a question of communication noting the city understood the authorization for its right- of -wav and drainage maintenance crews to be to remove the obstructions to the water course where they are indicated and certainly leave grass and other vegetations to retain the soil etc. He said he had never understood any particular restriction He said the city did indicate it would not clean above the top of the bank because in all likelihood it would not have Permission on the abutting Property, but the idea of removing trees stumps. brush or anything that would restrict the water flow and would cause associated flooding was certainly in the scope of the intent of the Proiect He said if that is not what Council intended, the staff either totally misread the Council or it has for some reason failed to understand the program. Mayor Monday noted then this is the policy. Councilmember Carter said he misunderstood because he thought the policy was to leave vegetation along the banks of streams and if there were trees down below the bank Level, those trees would be left because the root systems hold soil and the city can cause extensive erosion if it takes them out. He said he would even argue that the city ought to leave the trees and remove stumps or debris out of the drainage flow areas if the trees are in the bottom, because again, without the root systems of the trees, we are allowing for erosion to occur. He said it was his understanding, and he guesses he was wrong, that the city would leave natural vegetation, including trees below the bank Level. He asked the City Council if this is not the policy, to consider this as a policy item. HUNTSVILLE CITY COUNCIL MEETING OF JUNE 13, 1989 BOOK "P" 404 Mayor Monday asked the Council for their consideration. Councilmember Knotts said he did not see ow the city could do that, noting his idea of drainage may not be the same, but he felt the city needed to eep obstructions out of the channel. He felt those decisions should be up to people like the City Engineer nd consulting engineers the city hires. He didn't feel the City Council ought to try to set policy on hat. He said he knows for a fact that the banks need to be cleaned and all the vegetation, etc. needs to e out of the channel in order to get the most water out as fast as we can without erosion. When trees are eft in a creek, an eddy can form around them and they may last one or two floods or high water times and hen they fall and clog up the channel. He said the city staff should be cleaning out both ends of a invert, whether it is the intake or the output. He said the Council does not know enough about it to be etting policy on drainage structures. Councilmember Gaines said part of the problem she has had in her rea has been caused by debris in the creeks that has caused overflows and flooding. She said she would ertainly not be in favor of leaving trees that might damage property. Councilmember Bell asked if the City is embarking on a policy of cleaning out drainage areas ystematically. Mr. Pipes advised in the last city budget, the council appropriated money to hire crews uring this particular season to clean the street right -of -ways and to trim all of the major arterial treets and other places and to work the drainage ditches and creeks where we had easements to be on private roperty [which have been eagerly provided by a number of people]. He said the city crews have cleared to he top of the bank in those areas and improved the handling capacity of the attendant drainage system, be t a creek, ditch or river channel. He said Town Creek had its channel cleared between 7th and 10th Street ver the past year as it is a major drainage area and is the confluence of two major tributaries of the Town ranch system. The city crews have also done some weeding up the creek from that area. Mr. Pipes advised he crews were thoroughly within the street right- of-way at the culvert box. He said the city has received rather encouraging response from a lot of people who are pleased the city is clearing out the obstructions hich helps the residents retain their back yards. He said this is the intent of the program and the staff s not aware of restrictions. Mayor Monday commended the staff for the work that is making Huntsville look lot cleaner and attractive, noting she has received many compliments from the citizens as well concerning he condition of the right-of -way areas. Councilmember Carter noted then there appears to be no sympathy Councilmember Howard reported there is a fire ant problem at Emancipation Park and the ants are now rking their way into the building and have been found in the area of the stage. Mayor Monday asked that e City staff take a look at this, especially prior to the Juneteenth celebrations. Mr. Poteete was esent and indicated he would check into the situation. 11 Mr. Gene Pipes presented a sample sign to show the type of sign the city will now be using on treets where there is "No Outlet" in order to cut down on unnecessary traffic as this advance notice sign ill deter some motorists in general from traveling on a dead -end street. He said this will do away with he city's use of the words "Dead End" as that language is not acceptable under the National Uniform Sign tandards. ADJOURNMENT ctfully submitted, uth �DeShaw, City Secretary June 13, 1989