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MIN CC 09/12/1989n U 1 HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 481 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 12TH DAY OF SEPTEMBER, 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 Percy Howard, Jr. William H. Knotts, Jr. Ruth DeShaw, City Secretary Member absent: William L. Hammock CONVENE AND RECESS INTO EXECUTIVE SESSION The Mayor called the formal session to order at 6:00 P.M. and recessed the meeting into an Executive Session to consider contemplated litigation regarding commercial use of restricted property on Normal Park' Street. No other items were discussed. No formal action was taken. The Executive Session ended at 7:00. P.M. RECONVENE FORMAL SESSION Mayor Monday reconvened the formal session. Councilmember and Mayor Pro tem Percy Howard, Jr., presented the invocation. CONSIDER THE MINUTES OF SEPTEMBER 5. 1989 Councilmember Barrett made the motion to approve of the minutes of September 5 1989 as Prepared and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. REPORT ON EXECUTIVE SESSION Commercial Use of Restricted Property on Normal Park Street Mr. Scott Bounds, City Attorney, advised that the Council discussed in its Executive Session an item regarding a commercial use of restricted property on Normal Park. He said this is a tract of property at 2121 Normal Park owned by Gaddis Geeslin. He advised the staff proposes to issue a commercial building permit for that property unless there is some objection from the City Council. He said it has been used in the past as a fraternity house and as a commercial arts studio. He said it is now proposed that the property be used for office space. He said the property appears to be a one lot subdivision and has a unique set of restrictions pertaining to it. Mayor Monday noted she sees no objection from the Council, so the staff's recommendation will stand, as presented. OPEN PUBLIC HEARING Convene a public hearing to receive input on the FY 1989 -90 proposed budget as Presented for a net total of $13.879.879 [general fund: $6.251,369: general bond sinking $703.538; design engineering $529,389; sanitation fund. $1.771.128: utilities fund $5.995,944: Plus interfund transfers $1,371,4891. Mr. Gene Pipes, City Manager, presented the budget information, as captioned above. He said the Council was provided with new summary pages for their draft budgets reflecting all of the Council's budget discussion decisions. Mayor Monday asked if anyone was present from the citizenry who wished to speak in this public hearing. There being no one, she then asked if the City Council had any questions. Hearing none, she then closed the public hearing. CONSIDER ORDINANCE Consider Ordinance No. 89 -21 adopting the FY 1989 -90 budget as presented Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 482 ORDINANCE NO. 89-21 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1990; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF [Total operating funds for 1989-90: $15,251,368, less interfund transfers of 1,371,489 = net budget of $13,879,879 for 1989 -903 Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89-22 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF e advised this rate is apportioned among funds and departments of the city government of the City, as ollows: general fund operations: $0.2032; debt service for payment of bonded indebtedness, $0.1812, for a otal of $0.3844. He said this is the same tax rate that has been in effect during Fiscal Year 1988-89. He aid this is as a result of a reduction in Fiscal Year 87 -88 from the 52.5 cents tax rate, which resulted ecause of the one-half cent sales tax authorized by the voters in conjunction with the bond issue for the apital construction of the city's street program. He said this $ .3844 represents the second year and a oss of some $38,0000 in ad valorem tax revenue. He said the city adjusted the revenue estimate from sales ax to replace this, so the net is the same for the tax rate for the effective property owners as it was ast year, and this would be a decrease in tax payments to those who lost value during the current year. Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89-23 AN ORDINANCE AMENDING CHAPTER 17 WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, DEFINING COMMERCIAL AND RESIDENTIAL WATER AND SEWER CUSTOMERS; PROVIDING FOR A DEDUCTION TO CERTAIN CITY SERVICES FOR VACANT RESIDENTIAL DWELLING UNITS; PROVIDING REPORTING PROCEDURES; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. r. Pipes said this ordinance maintains the current rate structure the city has had since 1984 and makes ome provisions for the administration of those charges for various customer classes, including the pportunity for apartment units, which are built on a per unit basis, to claim any vacancies on a commercial asis, reflecting the occupancy of their apartments and then being charged accordingly. Mr. Scott Bounds, ity Attorney, advised the rates will go into effect for bills rendered after November 1. Mr. Bounds said partment units could be receiving credit on vacancies reported in November on their December billing. ayor Monday advised the staff will be getting a letter of instruction out to all apartment complexes to L, 11 HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 483 which this would apply. Councilmember Howard made the motion to adopt Ordinance No. 89 -23 and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. Consider Ordinance NO. 89 -24 adopting sanitation rates and making provisions for adjustments in collection procedures for certain customer classes, as discussed ORDINANCE NO. 89 -24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 9, GARBAGE, REFUSE AND RUBBISH, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, ALTERING THE RATES FOR REFUSE COLLECTED BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mr. Gene Pipes, City Manager, said this ordinance also sets out the same rates which have been in effect. The only exception being the landfill rate which will be $1.50 per loose cubic yard and the affected areas serviced outside the city will have that same $1.50 per loose cubic yard, plus the number of pickups and collection mechanisms for the service rendered outside the city. He said all other bases of service will be from a $1.25 X the actual rate in-town for services outside the city, but the landfill rate of $1.50 per Loose cubic yard will apply to those collections. He said other than this, the same ratio of single family residential charges for apartments remain the same. The same provisions for apartments to report vacancies for credit applies to sanitation as well, he said. It was noted these rates will go into effect for bills rendered after November 1, 1989. Mayor Monday noted then the base residential and commercial bills remain the same as last year. Councilmember Knotts made the motion to approve of Ordinance No. 89 -24 and Councilmember Gaines seconded the motion. After some questions for clarification a vote was taken All were in favor and the motion passed unanimously. CONSIDER CABLE TV FRANCHISE RENEWAL ORDINANCE Consider a Proposed franchise renewal for Huntsville Cable Television, as presented Mr. Gene Pipes, City Manager, advised the staff provided this ordinance for the Council's review in Last week's agenda packet. He said it is presented in full this week also so that the Council could have more than ample time to read through all of the details. He noted a fully reduced copy of the legal notice is also posted in the Conference Room. He said the City Attorney reviewed with the Council last week the timetable on adopting a renewal of this franchise. He said the process requires the readings of this ordinance be spaced appropriately and the process begins tonight by the Council's approval on the first reading of this ordinance. Mayor Monday asked if Cable TV was receiving revenue or a percentage of revenue from the pay channels that sell goods and if sales taxes are beina Paid on that revenue. Mr. Nathan Geick, of TC1, advised they are receiving revenues from this channel, but it is such a minute amount and sales tax is not paid on that amount. Mayor Monday said she also understands there is now proposed legislation to require sales tax on that as well as catalogue sales. She noted the question is whether or not this ordinance is written so that if that legislation becomes effective, that the city would be able to collect the sales tax on it. Mr. Bounds, City Attorney, advised the franchise ordinance does not address the sales tax issue. Mr. Geick said he understands anything the company would normally pay sales tax on [and if this were one of them] they would pay sales tax on it because if it is a taxable item, they are going to have to pay it. Councilmember Carter said he was glad to see the provision in the ordinance that wherever the city requires underground lines for new construction, that the cable company will be required also to go underground. City Attorney, Scott Bounds, said there are provisions related to underground utilities if utilities are underground; any new installations have to be underground. He said there are several different provisions related to how items get relocated. Councilmember Carter noted he understands that if the city requires other utility companies to put their services underground, then the cable company can also HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 484 be required to do that. Mr. Bounds said the city can get into some type of underground districts and the Council will probably do that outside of this ordinance. Councilmember Carter said the other thing he is pleased with is that some provisions exist regarding tree trimming.. He said he hopes the cable company will talk to the people before they trim their trees to get some guidance from them. Mr. Geick said usually the power company (GSU) has to trim the trees because it really creates a hazard for GSU. He said when GSU trims, it trims around the cable company's lines too. He said as a result, the cable company does not have a tree trimming contract and he said they are not currently trimming the trees. Councilmember Bell received clarification on the purpose of the "lock out" provision on the pay channels and learned it was to prevent viewing, at the discretion of the parents, of certain pay programs by minors in a household. He also questioned the concern about the Possibility of a soaring tower at the current location and asked if the city has resolved this particular issue. Mr. Bounds said the city has not addressed this particular situation. He said there are some limitations on the city's ability to regulate cable television antenna facilities. He said, however, he would continue to look into this issue. Councilmember Bell said perhaps the Council should make it a provision in granting this franchise that the cable company not build a 750 foot tower. Mr. Nathan Geick of TCI said they cannot do this without FCC approval. He said when they did some tower work the last time, they brought their entire proposal to the City Council for their approval before they did anything. He said they have no problem with continuing to follow this procedure. He felt the city should know what is going on and if there is a valid reason not to do something, the city should know about it and they should talk with TCI about it. He said he doesn't foresee anything like a 750 foot tower going up, noting the main tower is on Sam Houston State University Land and has been there since the 19501s. Councilmember Bell expressed his concern that there has been some talk about TCI putting its main tower on Normal Park. Mr. Geick said there is a tower over there now that the city approved some years ago when they built their office. Mayor Monday said then there is no need to expand that tower. Mr. Geick said there is no more land to expand the tower either as they can't go any higher without guying it. He said if they should need to do that, they would come to the City Council for permission to do so. He said that is the only thing to do and the right thing to do. Councilmember Bell noted he appreciates that concern. Councilmember Barrett made the motion to approve the proposed franchise renewal for Huntsville Cable Television as presented and Councilmember Gaines seconded the motion. Mayor Monday noted this is the first reading and this constitutes the first approval. Mr. Bounds said the franchise renewal is not effective until after 30 days and a second reading. All were in favor and the motion passed unanimously. CONSIDER BIDS ON DEPOSITORY CONTRACT Consider bids for City depository contract as recommended by the Audit Committee. Dr. Bill Green, Chairman Mr. Gene Pipes, City Manager, advised two weeks ago the city received just one bid on the city's depository contract. He said this bid has been under study and review during the succeeding time. He said the staff is now in a position, following meetings with the audit committee, to recommend for Council's consideration that the city extend the current relationship with First National Bank, which has been the city's depository bank for the last eight years, under the conditions that were offered by them in the bid two weeks ago, which is .07% above the T-bill rate for the city's investments paid on a quarterly compounded basis until February 28, 1990. At which time, he said, a rebidding of the city's depository contract can be secured. He said the purpose of this is that part of the concerns about the current condition is that there are a number of statutory changes in banking restrictions affecting public institutions and specifically, a constitutional amendment which will be on the ballot November 7, which may substantially change the nature of the competitive situation with banks and institutions interested in being the city's depository. He said ,such things as "sweep" accounts, etc., and other things that have not been a part and parcel of the city's past practices may be involved. He said the city's depository bid form is about eight years old and has served the city very well, but it certainly does need to be reconsidered and redrafted based on the outcome l�J �J HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 485 of that constitutional election. He said with the permission of First National Bank, they are more than willing to extend the city's depository services through February 28, 1990 at the .07% above T -bill rate, compounded quarterly, pending the outcome of the constitutional amendment and a total review of the City's bid document for depository services. He said this is the staff's recommendation for the Council's consideration. Councilmember Green then made the motion, on behalf of the Audit Committee, that the Council accept the staff's recommendation to continue with the depository arrangement with First National Bank under the new proposal until the end of February and that the city ao out for bids before that time with whatever changes may be enacted in the state law so that the city may be able to alter the way it is doing business. Councilmember Barrett seconded this motion. All were in favor and the motion Passed unanimously. CONSIDER CHANGE ORDERS Consider change orders to the Airport Construction project, subiect to FAA approval, as follows: #1 electrical modification to lighting system: and #2 drainage improvements between Ross Park and airport property Mr. Pipes, City Manager, advised these change orders have been preliminarily and favorably reviewed by the FAA staff germane to the airport project which consists of the airport access road, taxiway, medium intensity taxiway lighting, runway end identifier lights, relocation of existing non - directional beacon and related work. He said Change Order No. 1 adds 94 each Brooks 36 Transformer and pull boxes and adds 80 Linear feet of four inch PVC underground electrical conduit under the access road to allow for future power extension without needing to open cut the proposed paving improvement to allow for increased service and maintenance of taxiway lighting facilities. Mr. Pipes said the total cost increase for this change order is $8,284.50. Change Order No. 2, he said, adds 320 linear feet, bid no. 14, TS -61a, 36 inch Class III (ASTM C -76) reinforced concrete pipe storm sewer to extend the underground drainage system to the end of the adult softball field on the park property to provide for greater maintenance of the proposed site improvements. The cost of Change Order No. 2 is $12.160, Mr. Pipes reported. Mr. Pipes asked for the Council's approval of these two change orders, subject to FAA approval on a 90 -10 grant ratio. Mr. Pipes felt the cost of Change Order No. One certainly is justified when considering the future maintenance requirements that would be otherwise needed to deal with the lights on an annual basis, rather than on this modular basis. Councilmember Howard made the motion to approve of Change Order No. One subject toFAA approval and Councilmember Knotts seconded the motion. All were in favor and the motion Passed unanimously. Mr. Pipes advised Change Order No. Two is different in that it is an off-site improvement adjacent to the airport. He said the airport does drain across Ross Park and a lot of the runoff water on the upper end and the south end of the airport is picked up in a ditch adjacent to the fence line along Ross Park and conducted to and under airport road by a ditch line along the newer softball field on the far north end of the park. He said the recommendation is to enclose that particular ditch with a concrete pipe drainage conduit and allow the water to get across the park so that it wouldn't be difficult to maintain that area. He said FAA was not as enthusiastic about this particular change order because they do not view it as critical to an aviation type of concern. He said again, subject to FAA approval, the city may have to come back and ask the City Council to consider this one out of the city's pocket subsequent to this, but as long as the 90 -10 money is available, and realizing the city came in originally under bid, they thought this to be a fundamental requirement that the city needs to try to get changed while the construction is underway. He encouraged the Council, with the condition that if FAA does not approve this, this is one the staff would ask for the Council's review on a separate and independent basis. He said the ball fields are heavily used, there are foul balls, and players are warming up just outside the fence line and sometimes the balls end up in a muddy ditch. That is a lot of area to drain and it does come down and across and the city swimming pool overflow also uses that ditch, so it stays muddy even in the dry time of the year, he reported. He said the city feels this is very important, but they would of course like to have FAA funding if at all possible. Councilmember Barrett made the motion to approve of Change Order No. 2. subject to FAA approval. and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 486 CITY MANAGER'S REPORT - -GENE PIPES Mr. Gene Pipes, City Manager, presented a proposal to undertake a joint venture paving project in he downtown area. He advised the downtown parking cooperative to build the parking lot between Gibbs rothers Building and G. & 0 Barbershop will provide 26 parking spaces. He said the city was approached ome time ago, after the spring presentations, concerning the downtown revitalization program to provide dditional off - street parking on the north side of the square by paving this parking area. He said the roposal was along the line of the city's standing sidewalk policy in which the city matches labor and quipment with the materials bought by the property owner. He said the city engineer has done some reLiminary engineering work to determine what those expected costs might be. He said the labor and quipment is currently budgeted in the city's CIP crews, which do all of the work in the street bond rogram. He said there is no out of pocket expense for the city, but there are very real expenses. He said he city has a commitment of some $7,000 for the city and 56,718 for the property owner for materials and ontract costs for curb and gutter that the city does not attempt to do in- house. He said the proposal is a traight up situation. He said there are two other similar types of situations: the parking lot at the orner of 11th Street and Sam Houston Avenue in front of the Harry Ahysen mural was a comparable type roject some 15 -20 years ago. He said that agreement was extended when the mural was redone about four ears ago for a ten year minimum period as a public parking arrangement and also a visual access to the ural so that nothing would be built on that site at least while the expected life and the condition of the ural would be in its prime. He proposed that this five year minimum parking term be provided and that the paces and jurisdiction over the public access part of the parking situation be spelled out in a separate greement. He said the staff did not want to spend a lot of time before first checking with the Council to ee what its desire is about this. He said there is a need for more parking downtown on each of the uadrants abutting the town square, which is a very important part of the downtown revitalization program. e said while parking has been part of the comprehensive plan, the city does not have a formalized policy, oting the only cost sharing mechanism the city had to go by was the Council's previous attempts at sidewalk evelopment by a abor and equipment match with materials type basis on sidewalks. Mr. Pipes said the City id participate with Walker County in paving the property across from City Hall on 12th Street and Avenue M hat the county employees used as their primary parking place, owned by mr. Erwin Ernst. He said every ther place the city has paved for parking, is owned by the city, such as the lot behind the HEAP building n Avenue M and 13th Street. Councilmember Green said he has a little bit of a problem with the five year parking time frame. He d it seemed to him that if the city is going to enter into a joint agreement for some time to provide tic parking, the city might want to go beyond five years. He felt ten would be a minimum length of time would consider reasonable. He said it may take five years to get the things going downtown and at that nt to have the parking arrangement terminate would be a problem. Mr. Pipes said the city will try for years as no specific time element has been discussed thus far. Councilmember Gaines made the motion to grove of this nronosEl to nrnvirira nrirlitinnnl nff -etront - 1 -;.... :_ N._ ____ «1­__.._, _ lltnn --to uncitmember Barrett seconded the motion. Discussion: Councilmember Knotts questioned taking this money t of capital improvement bond money designated for streets. Mr. Pipes said he misstated that and clarified e crews are paid for out of capital construction funds set aside in the budget. He said the city set ide $200,000 in general fund in the street department, which pays for the crews. He said he meant to say is crew is the one that would be doing the work as they do the capital construction program and they are Igeted in the street budget out of the $200,000 the city set aside for that capital construction crew. He id this is not paid for by bond funds. Councilmember Knotts felt the city needs to do something about an erall plan on what the city's limits are going to be because if it starts it, there is no stopping it as ig as people request within one or two blocks of the Square. He said the city needs a definite plan. yor Monday said one of the components of the street scape that will occur in the grant was to do exactly I HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 487 that. Councilmember Knotts said the city doesn't have that street scape or anything, and this ought to apply to the part of the city's money that it is required to commit in that grant. Councilmember Green asked if there will be a street scape. Mayor Monday said this will need to become a part of that. Councilmember Green asked if part of the parking lot development would include any kind of flora. Mayor Monday said landscaping is not proposed for this lot, but could be added later on if that need would be determined. All were in favor of the motion on the floor and it passed unanimously. Continue the definition of "downtown" in regard to projects such as revitalization, as requested by Dr. Bell City Manager, Gene Pipes, said the description contained in the grant application could serve as a point of reference. He said the area described as downtown was rather generic and yet it certainly did refer to a 13 block area close to the historical areas that are adjacent to it by description of the University, etc. Mayor Monday noted the description that appears in the grant application to the National Endowment of the Arts is the only description the city has at this point. She felt this is a good starting point for discussion. Councilmember Bell felt it is time to delineate precisely where the city wants to focus its resources and what it wants to include in this renovation /rehabilitation scheme. He felt it is imperative that the city start delineating -- drawing lines - -as to precisely what is included. For instance, he said he would like to see the site of the "Old Spring" included. Mayor Monday said she believes that is included. She felt this is an appropriate question and felt the grant probably has already proposed the area. Councilmember Bell asked if it goes over to the old feed and seed store that spans the creek that this spring feeds into, noting this is an historic structure in the downtown area. Councilmember Bell said the City had quite a controversy here some months ago about red sidewalks. He said he is curious about an historical district, noting the council has talked about one and the possibility of using red sidewalks in some areas, up University Avenue specifically. He asked if this would be part of this particular package, and does the City designate an historical district? Mayor Monday said a part of the grant is to bring in a cultural planner who will do exactly the sorts of things to which he is referring. She said this planner will assess the area, make recommendations for these sorts of things -- historical districts, etc. She said this planner will be bringing in expertise from many different sections of the nation as to what has happened in other cities and will give the city a very broad base of experience, assess the community, and then make recommendations. She felt this is one of the keys to the plan. She said the plan calls for this in the very first year. She said if it is approved in March, the cultural planner will begin. She felt that will facilitate exactly that concern of Councilmember Bell's. Councilmember Bell said he is going to have trouble voting for matching funds for the grant if he doesn't know the boundaries of the downtown area. Mayor Monday said the grant already has that defined and she will provide that to him so he can see what is able to be considered under the grant. She said as far as particulars and amenities that would be proposed within that area, that is perhaps better Left to the cultural planner. Councilmember Carter felt that University Avenue is somewhat crucial to the downtown area. He said the city needs to link the campus, especially with its increased enrollment, with the downtown. He said the city has a problem, from the literature he has read on other cities. He said one author, Jane Jacobs, refers to certain places as border vacuums because one heads down the street, and comes to, for example, a very large and empty parking lot and one has a tendency not to cross that parking lot. He said the tendency is to turn around and go back from where one came, where there is some still some interest. Councilmember Carter felt the city has a border vacuum between the University and downtown, i.e., Huntsville National Bank parking lot and even the shopping center, in a sense, faces the wrong way. He said if we do get a line of businesses going in that direction, the students are going to come to that point and not necessarily see a reason to continue down the street. He said at some point in the city's economic development plan, the city needs to begin to find some way to encourage students on down in walking traffic across that border vacuum and into downtown. He said there are lots of different ways: stalls, hot -dog stands, yogurt places. He said when the city talks about tax abatements and encouragements from the city government and economic development, it should focus some attention on locating some people. He felt it would be to the advantage HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 488 of HNB to get some additional traffic in their bank to develop some of that vacuum border parking lot space into something that would encourage students down that way. Mayor Monday noted the council needs to ask Linda Pease to bring the maps and materials that went with the grant so that the Council can see what those are Councilmember Bell wanted to make a formal designation of what is the downtown area. Mr. Pipes said this is described in terms of the development code very specifically as the downtown fire district, which is very clearly defined Mr. Pipes said it used to include 17th Street. but it has been moved in somewhat to 14th Street and Avenue M Councilmember Carter felt 17th Street should once again be included in the downtown district Mr. Pipes said one of the reasons for shrinking the district was for the concerns about the fire district requirements in the downtown area did not accommodate some of the historical restoration projects that were underway in those various areas Councilmember Carter said he is not talking about redefining the fire district Mr. Pipes said he is if he is defining downtown. Councilmember Carter said he is talking about the historical district which he felt can be independent of its designation from the fire district. Councilmember Bell said as a corollary to that goal he would like for the city to define a historic district Mayor Monday asked that the Council wait until the map can be brought back, because the map the council committee worked with is also the map that defines the whole historic district and is in the grant. She said it does include the University. She felt if the Council will wait and look at the maD. it will answer a lot of questions Councilmember Bell asked if legally this is a formal designation. Mr. Bounds said as a Central Business District it is a formal designation because it is basically a zero lot line development in other words it permits one to build structures up to the lot line because it has different fire code requirements Mr. Bounds said this is one of the reasons why the fire limit area was dropped back from where it was Mr Bounds said the historical district is not at the present time. a formally designated district although the Council can certainly make it be such. Councilmember Bell indicated this is the direction in which he is moving as he would like for the Council to define what he sees as a combination of historical and downtown district, a corridor and the square. Mr. Bounds said with traditional district zoning, the Council is not going to be able to test, other than there are some specific rules or state statutes that authorize fire districts independent of traditional zoning. Mr. Pipes said the Central Business District description is the only district that does not require zoning as a basic implementation. He said that CBD does have certain health, safety and welfare considerations, of which, because of the zero lot lines, fire restrictions become very onerous to other types of building and development and that is why it was shrunk back. Councilmember Bell said he understands this, but the time has come for the City of Huntsville to maybe draw some more lines, in this case, the historical district. He said we put a lot of emphasis on the historicity of Huntsville and talk a Lot about soliciting money to rebuild and rehabilitate and the time has come to define precisely where those efforts are going to be concentrated. Mayor Monday said the major effort incorporates all of the goals Councilmember Bell has mentioned. She felt when he sees that he will realize that this area is defined exactly as he is proposing it. She proposed again that the Councilmembers take a look at the grant map and information. Councilmember Knotts clarified that when Councilmember Bell referenced red sidewalks, he hoped he meant the red brick pavers and not the colored sidewalks. Councilmember Bell said he meant whatever the Council decides to use. Councilmember Knotts noted then to match the brick pavers, he would be referring to the brick sidewalks. Consider authorization for staff to request the resident engineer of the T.D.H.P.T. to include sidewalks in the scope of the Hwy 75 N project, as planned Mr. Pipes advised the Council did take a tour at 5:30 P.M. of the Highway 75 North area to get a ,view of what might be being considered as the sidewalk project related to the proposed improvements on Highway 75 North. He said Mr. Allan Pritchard, Resident Engineer of the TDHPT, is currently involved in the design work on this project. He said the Council needs to give the city staff some kind of indication so that the City can advise Mr. Pritchard of the city's intent to build a sidewalk on one side or the other II 1 HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 489 side, four foot, six foot, eight foot in width, or whatever might be the Council's pleasure. He reminded the Council that the city has done such projects in conjunction with the Highway Department work over the years, on Sam Houston Avenue, to some extent on 11th Street, and virtually everywhere that the sidewalk project ends, a foot path picks up from there on to some adjoining residential area. He encouraged the Council's consideration of a sidewalk project adjacent to Highway 75 North. He said in the 1974 two -phase bond issue, one phase being for the initiation of the capital construction program for the street renovation /revitalization; and the second phase was the matching fund bond issue for improvements on the state highway arterial streets, matching State Department's work. He said he thinks it would be appropriate for Mr. Bounds, City Attorney, to review the intent of that bond language and the authorization of that vote to see if that might be included, but secondly that the city give some indication, either on one side or the other, or on both sides, as the council might see fit for Highway 75 North. He said the city may look forward from there to other portions of the city's main arterial routes that do not have sidewalks adjacent to them to see where the city needs to connect the dots and add other sidewalk appurtenances to those areas that are presently now without sidewalks. He said in terms of financing, the city can look at a much larger program and justify the cost of issuing the bonds, but certainly, the city does need to give Mr. Pritchard some specific direction on Highway 75 North. Mayor Monday also urged the Council's consideration that this particular arterial does connect into the city's parks path and the park route and biking and jogging trail that will connect all of the parks in Huntsville and will be a vital link which will run out to Kate Barr Ross, which is where the city has all of its major youth facilities located. She said there has been a tremendous amount of bike traffic to that site. She urged the Council's favorable consideration. Councilmember Barrett advised the Old Madisonville area has no sidewalk and school children are walking in the streets. He said he hoped the city could look at that to link the sidewalks that are already in existence in that area. Mayor Monday asked if he would like to make a motion to authorize the staff to work with the engineering department, not only for Plans for sidewalks on Highway 75 North but also for the city to look at a targeted area on Old Madisonville Road to link Highway 75 North's sidewalk with Sam Houston Avenue's sidewalk. Councilmember Barrett made a motion in support of the mayor's suggestion Councilmember Green seconded the motion. Discussion: Councilmember Knotts said he would like to see a minimum of 6 feet on both sides of Highway 75 North. Mayor Monday noted we need to look at dollars, but that would certainly be desirable. Councilmember Barrett said we need to wait for our engineering reports too. All were in favor of the motion and it Passed unanimously. Appreciation to Council for Work on Budget Gene Pipes, City Manager, expressed his appreciation to the Mayor and Council for their work on the budget, noting it was an unusual year for the city and a lot of time and effort have gone into the budget. He said he appreciates the Council's patience and perseverance. MAYOR'S ACTIVITY REPORT- -JANE MONDAY Last Year's activities -- 1988 -89 Mayor Monday asked Mr. Pipes to review for the Council what he views to be the city's accomplishments for last year. Mr. Pipes said in terms of a backward glance, early in the budget process Last year, the city initiated a review of the 1980 comprehensive Plan in work sessions and joint jurisdictional meetings that went on for several months and into the fall of the year before a drafting process started by Dale Brown, City Planner, and his people and the review process from a lot of the advisory groups and committees that assist the city in ongoing work in their areas of specialization. In addition to that, mid- summer of last year, the city adopted an annexation Policy which was a milestone in the city's history in terms of formally adopting and recording an expression of our policy in that particular area. Thirdly, he said, the city assisted in reforming the Old Highway 19 Association that had been inactive for the last 15 -20 years. He said the City pursued and received an FAA grant for improvements to the airport, including access road, taxiway, and the utilities to the site. He said the city resolved one GSU rate case in the past year and began another and worked with associated cities and groups throughout HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 490 he time frame to effect the modification of the company's requested rate increases. He said the city ettled a lawsuit with a former police captain. Dale Schaper. The City tried a lawsuit with another ndividual in at least two venues during the year. The City presented the State Highway 19 Association's ppeal to the Texas Department of Highways and Public Transportation and he assumed a leadership office for he current year; noting another presentation will be made to the TDHPT and there will also be a series of ublic hearings before the Commission in October on what is now being called the "Texas Highway Trunk ystem," and Highway 190 and Highway 19 may potentially be included which will be vital to the overall uture transportation needs of Huntsville and the state highway system. Mr. Pipes noted the annexation mplementation Program was postponed last fall; the officers elections were held in January; the state egislature convened about the same time, and the city went through four months of anxiously awaiting what ight happen to Huntsville in Austin. Mr. Pipes noted this spring the Council initiated a review of the evelopment and Building Codes and the Board of Adjustments and Appeals has issued their report to the punch and the Planning Commission's report will be forthcoming shortly. He responded to a call for a town eeting on economic development at the First Methodist Church; completed a multi - jurisdictional tax batement policy to get on a positive footing in terms of economic development incentives; the City was uccessful in the HUD grant application for sewer service to several older, low income type areas in the orth and east side of town; completed review of the employee's retirement Program; revised the telecable ranchise; revised the comprehensive utility rate Policy; responded to the Woodland Home Association on the ree Policy controversy early in the summer; adopted a comprehensive plan for the 19901s; and dealt with the ppearance of a conflict of interest on the issue of the brochures for the Chamber of Commerce. He said the ity has been working on all these projects with a completely new staff in the local media. He said along ith a lot of accomplishments, the city has some new friends at the media table since this time last year. e noted this constitutes a thumbnail review of the events of the past fiscal year. Mayor Monday noted added to this list is the accomplishments of the street program, which has eeded this year in a very excellent fashion along with the water and sewer construction; while at the time maintaining the other programs of HEAP. Library. Parks and Recreation, etc. She noted a ehearted thanks to the staff and the Council is in order, noting it has been a good year. Mayor Monday asked for the Council's consensus and concurrence on the following. She said they eceived information from Senator Caperton's office this week that the public hearing will be held in Austin n September 19. She said according to Senator Caperton's office, the word "jurisdiction" has been included n the charge. She said she was concerned that the City of Huntsville has a very strong interest and she oped the Council would concur with her in seeing that "original jurisdiction" is maintained along with the ther municipalities around the state. She said with the Council's concurrence, she is planning to go to ustin Tuesday to testify on behalf of the City of Huntsville to the fact that the City is extremely nterested in retaining that original jurisdiction and not having it taken away. The Council generally gave he Mayor their consensus for her to testify on the city's behalf. Mayor Monday asked the Council to review the Alcohol Abuse and Drug Use Task Force Report to review e recommendations and to provide her with some input. She said that report has been sent to Police Chief nk Eckhardt and Sheriff Dale Myers, the County Judge, HISD, and other entities. She said the city will nt to come back to present a consensus action report off of those recommendations. She said if there is y part of that report they would like to alter or change, they should get that information to her. She id within the next two -three weeks, they will be having a meeting with those entities and will be asking em to offer any additional reports they wish. She said the consensus report will be brought back to the unit for adoption and then on to Walker County and HISD, so that they can truly put together a community tion plan endorsed by all of the entities to move out to address the drug and alcohol abuse problems. She id she is excited about the opportunity, noting the report reflected a lot of hard work of over 100 lunteers. She said they are going to assume and hope that the implementation team will be equally large. e said she needs the Council's input and encouraged them to re -read the report. 1 1 HUNTSVILLE CITY COUNCIL MINUTES OF SEPTEMBER 12, 1989 BOOK "P" 491 COUNCIL ACTION Pep Rally for Bearkats Councilmember Green thanked Councilmember Ila Gaines and all the other merchants for the kick -off pep rally last Thursday night for the Bearkats. He felt it was a great public service. Commendation on Budget Presentations Councilmember Bell commended the staff on the way the budget was presented this year. He felt it was a welcomed shift to see the department heads pleading their cases and it gave the Council more of an insight into their needs and problems. He recommended that when next year's budget time arrives, that the Council sit down and evolve some philosophical guidelines and then transmit those to the City Manager for his use in preparing the budget to give him help on how to put it together. He suggested doing this in May or June. He said the Council should try to spell out things like Councilmember Carter's social worker suggestion at Emancipation Park; or expanded library hours, etc. Mayor Monday felt that was certainly appropriate to consider as budget time approaches. EMS Anniversary Councilmember Barrett advised EMS is having an anniversary. As the Council's representative on the EMS Board, he said he feels they are doing a wonderful job and the city is very proud of this organization. Mrs. McDermott- - Compliment for Police Department Councilmember Gaines passed along a compliment from Mrs. McDermott, who was up one morning recently about 2:00 A.M. and when she looked out her window, she saw something very suspicious. She called 11911,11 Councilmember Gaines reported, and before she hung up the receiver, someone was there responding to the call. Councilmember Gaines said Mrs. McDermott wanted the Police Chief to know how secure this made her feel that a woman living alone could have such an immediate response. Pep Rally - -Appreciation to Phi Delta Theta Fraternity Councilmember Gaines commended the Phi Delta Theta, a Fraternity in the process of getting their accreditation for campus certification, for their assistance on the pep rally. She said she has never seen a finer group of young men. She said they were very helpful, gentlemanly, and gracious. ADJOURNMENT Tfully su 'tted, Ruth DeShaw, City Secretary September 12, 1989