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MIN CC 10/24/1989L 1 MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 519 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 24TH DAY OF OCTOBER, 1989 IN THE CITY HAL 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 H. Knotts Percy Howard, Jr. Ruth DeShaw, City Secretary Member absent: William L. Hammock CITIZEN INPUT /INQUIRY SESSION Mr. Clyde Lavelle 620 Hickory Drive 295-6184 concernina bulldozing in Bush - Miller Park Mr. Lavelle said he could talk about several things that worry him at the Bush - Miller Park, such as the exposed ground with the top soil being gone, the leaf litter being gone, the trees that are missing, the vegetation that is gone, the slope of the ground, the runoff, the fact that he has been called to three different homes in that area because water has gone into the homes and ruined the carpeting in the past below there, the fact that there was no drainage study done, and the fact that the trucks carried the stuff to the dump without a tarp over them at 40 mph. He said there are just dozens of things that have been done stupidly over there. He said there is also the fact that the public was not allowed any kind of input or even educated about the matter. He said those are all important and they are all serious and they are all bad, but there are two or three things that are even more important and more hurtful and worse. He said he had hoped that after the last tree issue that common sense would prevail with the city administration. He said he hoped that a mutual respect and communication would be improved between the City Manager's office and the public,'but again, Gene Pipes has shown his bullheaded and arrogant attitude in the fact that he wants to run the show and does not care what anybody else thinks or has to say. He said the public was not given a chance to respond; in fact, certain members of the City Council were even mislead and deceived even about what and when work was going to be done over there. He said it is a shame that the public cannot trust its City Manager and Council. He said one City Councilman, in the middle of the last tree issue, so eloquently asked us to "Please just trust the city and we would be surprised." He felt and said then: ". . . that was naive "; the Councilmember said "Possibly, well see." Unfortunately, he said, he thinks it was six weeks later, they have proved that it was naive. He said after the tree issue settled down before, a certain amount of mutual respect was beginning to go back and forth between some members of the city administration, city council, and public. Sadly, he said, nothing was learned from that bitter issue; it became divisive, and two or three months afterwards, the same belligerent attitude has been repeated. He said, as two city councilmembers told him last night over the phone, and one of them was not Jim Carter by the way: "Clyde, it is too late for this park, the damage has already been done and we cannot redo it. What we must do is to put in place a policy to prevent this in the future." He said that is true and that is more important than the'fact that the public was not educated as to what was happening. He said the people who live around the park were not flagged and given any time, ten days, or anything to respond or know what was going on. He said the public was not listened to, there was not any interest in what the public had to say. He said it is true that we lost the park, and that is sad, and it is true that we need to restore some kind of policy or something to prevent this from happening in the future; but there is something even more important than this. Even more importantly, he said, we need this City Council and its City Manager to do something to earn their respect and not to once again only give them lip service to that fact. He said we need a new attitude like he thought had come out of the last issue where the Council wants to work with the public and that they want to listen to the public, and they don't want to cram something down their throats. He said it is a shame that this City Manager is determined to run roughshod over what people want and do it his way. He said this is the biggest issue in all of this. He said the City Council MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 520 eed to earn their respect and to win it. He said the City Council and the City Manager here also need to am their trust and to win it. He said "And you can snicker, Mrs. Monday, if you want to, that's the whole roblem here, --we don't have any faith and trust." "And true, you won this battle," he said, "we entatively trusted you after the tree issue, but unfortunately you lost the war." He said if he were the ity Manager tonight, he would go home and really be sad that I had, after the tree issue, come out of it ith people having a forgiving spirit and waiting once again to try to work together and I had set things ack so far. Mr. Warneke said he would like to speak this evening just briefly on the issue of the Bush - Miller ark. He said in the last two weeks, he has done a lot of reading about arboretums. Frankly, he said, he ad his own idea of what an arboretum should be, but he wasn't certain that this was a true definition, so e has done some research in the local libraries. He said he has learned that basically there are two types f arboretums. There is the English style or European style arboretum, he noted, which is carefully onstructed, carefully managed and labor intensive and capital intensive. He said the recent trend in rboretums is to a more natural native species, diverse type operation in lieu of large open spaces, trails nd that sort of thing. When he first heard about this situation two weeks ago, he said, he went out to the ite on perhaps the first night after work as started. He said he looked at it - -the bulldozer had been in n maybe one -tenth of the property--and he thought at the time that surely that was just going to be a arking area. He said there was a lot of green in this space. He said he has since learned that Dr. Claude cLeod, retired Biology professor, was out there and noted just off the top of his head, at least 60 woody pecies and he wasn't even talking about the grassy species. He also noted quite a few non - native species hat apparently Mr. Bush had planted. Mr. Warneke said he does not know that anybody did an inventory. He aid Dr. McLeod could have inventoried the plant species. He said he does not think it has been done and hat is very unfortunate. We may have lost some non - native species, he said, and arboretums include on- native species as a rule. He said he thinks we have also done great destruction to what might have been unique, for a city of this size, natural, native species type arboretum. He said he would like to say, s President of the Huntsville Audubon Society, and he thinks he can speak on behalf of the members of the untsville Audubon Society, that an opportunity has been lost here, an opportunity that he hopes the city ill have again some day. He said he would like to offer the services to the city of the Huntsville Audubon ociety, noting they have several members with specific expertise in this area, in helping develop any uture parks. He said to be honest with them, they would even want to look into some of the existing parks nd cooperate with the city in developing those. He said in the future, he thinks, the pace might have to e a little slower because we might have to sit back, reflect on the situation a little bit more, and do the tudies he thinks are necessary to develop what Mrs. Bush requested. He said what has been done has been one, and he is not going to argue personalities here, but he would like to say that in the future, he hopes he city will look to the Audubon Society and other organizations that have particular expertise and ask hem for their input in these kinds of work programs. Mayor Monday said he appreciates this offer. She said she feels there will definitely be rtunities for the city to utilize these types of services. There being no other citizens present to k during this session, the Mayor then closed the input /inquiry session. FORMAL SESSION Mayor Monday then called the formal session to order. Councilmember and Mayor Pro tem Percy Howard, r. then presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve of the minutes of October 10 1989 and MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 521 CONSIDER ORDINANCES Consider the second reading of Ordinance No. 889 -31 renewing the Telecable Franchise with Huntsville Cable Television, Inc. Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -31 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS EXTENDING A NONEXCLUSIVE FRANCHISE TO TEXAS TELECABLE, INC. OF HUNTSVILLE, TEXAS, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE EXTENSION OF FRANCHISE; PROVIDING FOR CITY REGULATION, USE, AND ADMINISTRATION OF THE CABLE COMMUNICATIONS SYSTEM; PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS; AND REQUIRING PUBLICATION Mayor Monday noted this will be the second reading of this ordinance. Councilmember Howard made the motion to approve of this ordinance on its second reading and Councilmember Barrett seconded the motion All were in favor and the motion passed unanimously. Consider Ordinance No. 89 -32 ordering a municiDal election to be held on January 20 1990 for at -large positions on the City Council Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 20TH DAY OF JANUARY, 1990, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S AT -LARGE POSITIONS ONE, TWO, THREE AND FOUR; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE Mr. Pipes advised the ordinance sets out the filing dates, time parameters, polling places, election judges and alternates, etc. Councilmember Bell made the motion to adopt Ordinance No. 89 -32 and Councilmember Howard seconded the motion. Discussion: Councilmember Carter said he could make the same comments he has made every year. He said he feels like referring this council back to the minutes of a previous meeting date, but since everyone has heard everything he would like to say about it, he will now just register a protest that the city is holding an election in the middle of the winter, over the holiday period, which he feels will still dampen voter turnout and this is not the best way to do it. He then advised he will vote against calling the election for this reason. All were in favor of the motion on the floor to adopt Ordinance No. 89-32. "except" Councilmember Carter, who voted opposed The motion however, passed by a vote of 8 to 1. Consider Ordinance No. 89 -33 amending Chapter 17 Water and Sewers of the Code of Ordinances Industrial Wastewater, to comply with EPA required guidelines Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AMENDING CHAPTER 17, WATER AND SEWERS, OF ITS CODE OF ORDINANCES TO ALTER AND PROVIDE CERTAIN DEFINITIONS RELATING TO INDUSTRIAL WASTE REGULATIONS; TO ALTER SITE SPECIFIC EFFLUENT /INFLUENT STANDARDS FOR ZINC AND THALLIUM; TO ALTER SIGNATORY REQUIREMENTS OF DOCUMENTS PROVIDED TO AND APPROVED BY THE CITY; TO ALTER THE SURCHARGE COST OF VIOLATING DISCHARGE STANDARDS; TO PROHIBIT BYPASSES EXCEPT UNDER LIMITED CIRCUMSTANCES; AND TO INCREASE THE PENALTY FOR VIOLATIONS UP TO $1,000 PER DAY; PROVIDING FOR PUBLICATION; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 522 Mr. Pipes advised this is an update of the city's current ordinance to reflect the latest standards that are established by the EPA for the various parameters that the ordinance addresses. He said the previous ordinance has been in effect for a number of years and the city has had cooperation from the industrial waste dischargers and they have complied. He encouraged the Council's favorable consideration. motion. Discussion: Councilmember Bell noted while this ordinance does encompass things with which he is not familiar, he asked why Chromium III is allowed to exist at such high levels [11.60 mg /11 and other parameters are not? Mr. Wilder said this level is based on the EPA guidelines that are set out and for which the city must test periodically during the year. Councilmember Bell said he is not sure Chromium is as dangerous as Cadmium, lead or Nickel. Mr. Pipes said he is sure it isn't because the concentration would be substantially lower. Mr. Wilder agreed. Mayor Monday advised the staff can get more information on that and report it back to him, and if there is a significant question here, the ordinance can be brought back. Ms. Debbie Pecor, Lab Technician, advised Chromium can be found in at least two states, trivalent and hexavalent. She said when they set the guidelines, it was set for the trivalent stage which is the most commonly found in industrial wastewater. She said this is the valence of the metal itself and the chemical state. She said while it can be found in two different states, it is the same metal and it is not one of those metals that is always just a pure substance such as copper, as it can take on other identities. Councilmember Bell noted then it is less toxic in the state in which that we usually find it. Ms. Pecor said this is true for the state usually found in wastewater, in its trivalent state. Councilmember Green asked if this is a model ordinance. Mr. Bounds, City Attorney, said it is not a model ordinance and that the city is one of the first, noting Debra Pecor greatly assisted in its data compilation specific to Huntsville, which data vary from plant to plant as to the actual discharge. He said some of the provisions are like the definitions of a model ordinance while some of the definitions are more customized. Councilmember Carter asked about the $new source" definition, noting this concerns him somewhat because it seems the new source definition is one of the few areas where the city really has some regulatory power. He referred to Section 17 -51, "Definitions," Subsection (x), which is defined as: ". (1) the building, structure, facility or installation is constructed at a site at which no other source is located; of He said, in other words, if someone comes in and adds on to a factory, this would not apply. He asked if this is the correct interpretation. Mr. Bounds said there is a separate set of provisions that deals with those and they are covered under another section. He said everyone that discharges industrial wastes is covered by the ordinance, whether a new source or an existing source or a previous source. He said there are some different standards for sources. Councilmember Carter felt this weakens the effect on new sources, because in three ways it qualifies with the definition of a new source. He said one can build an additional structure that will discharge wastewater on an existing site and he assumes the only reason for distinguishing that as the new source is to hold them to the lesser standard. He said he would like to see that the city not do that, that it consider an add -on to a factory the same way it would consider building, structure, facility or installation on a brand new site. Councilmember Green asked why he feels it would make a lesser standard. Councilmember Carter assumed the only reason [and this is fairly common in environmental public policy], that one distinguishes old sources [on which the technology was not available etc., when they were constructed] is so one would not hold them to the same standards. He said there are then new source performance standards vs. old source performance standards; often the technology was not available and was so expensive to retrofit that they didn't require people to go back to old factories to bring them up to the new standards. Councilmember Green said when what he is saying is that for new sources, it is more stringent than the old. Councilmember Carter said new source performance standards are higher than for old sources. He said what we have here is a qualification; an old factory is going to build on to it in what he would consider a new source of wastewater, but because they are building onto an existing factory, that new construction will not, he assumes, come under this ordinance because it is grandfathered in because it is going onto an existing structure, so it is no longer defined as a new source. City Attorney, Scott Bounds, advised this is one of the provisions that is out of a model ordinance, but as a practical matter, it is probably not going to make any difference because we have very limited industrial dischargers with very small discharges. Councilmember Carter said then in this case, he would like to move 1 1 MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 523 to strike that part of the definition "from a new source," and just not grandfather in existing structures so that they can add that on to the structure, if it is practically unimportant. Mayor Monday asked if this could be brought back at another date while the City Attorney and staff research it. Mr. Bounds said the EPA has asked to see the ordinance as soon as possible. He said he can look at this question and any other questions tonight. Mayor Monday said then with the Council's approval, the City Attorney will research any questions that are brought about tonight and come back so that it can be approved tonight. Councilmember Carter said there are a couple other things. He said on these types of laws, generally the city can hold to higher standards, noting this is sort of a minimum set of standards normally. He said there is no reason why the city can't hold to a higher set of standards, such as changing the definition of the new source of wastewater. He asked Mr. Bounds to consider that point. Secondly, Councilmember Carter noted, the same definition says in (2) "the "building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; . . ." He asked that the word "totally" be stricken because what we are doing, in legal terms, is creating a greater burden of proof about a polluter. He said if they change the existing operation, but they don't change it totally, and yet they have wastewater at a greater degree, then the city does not have a strong enough ordinance. Thirdly, Councilmember Carter noted, in (3): "the production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site," he requested that the word "substantially" be stricken, so that this definition is weakened to some extent to give the city more regulatory power and a better chance in making a case without having to prove substantially or totally. He asked the City Attorney to review those suggestions. Finally, Councilmember Carter addressed the penalties section, noting there are two places where penalties are set out. He said it provides for penalties of from $1.00 up to $1,000. He said he would like to say "a fine not less than $200 nor more than $1,000," which he still considers low, but he does not like the idea that one can be fined as little as $1.00. He preferred a minimum fine of $200 in both instances where penalties can be invoked in this ordinance. City Attorney Scott Bounds said he feels the city would have the potential for minor violations. He said each day that one violates the ordinance is considered a separate offense. He said said even a $25, $50 to $100 fine can add up to be a substantial amount based on each day the violation continues. Councilmember Carter said the whole purpose of this ordinance is to stop people from violating the ordinance, and $200 as a penalty ought to do that better than a $1.00 penalty. Mayor Monday asked Mr. Bounds if this is a reasonable change. City Attorney Scott Bounds said there would be no restriction and the Council could establish a different amount. Councilmember Carter felt these things should be reviewed before the ordinance is adopted, noting his principal thrust is to "tighten up" the ordinance and make it a little stronger than what he is reading here, on two counts, which is the definition of new sources and the penalties. City Attorney Bounds felt a $25.00 minimum fine would certainly be appropriate. He said there would also be time when it would be appropriate to have a fine of less than $200.00, which would be at the discretion of the Municipal Court Judge or a jury. Councilmember Carter asked Mr. Bounds to bring back examples of the types of violations he thinks should have less than $200.00 fines affixed vs. the $200.00. Councilmember Gaines felt the penalty is very strict if it applies to each day the violation continues, noting even at $1.00 per day, it could go up to $25.00 very quickly. Councilmember Carter said the amount is negotiable. Mayor Monday asked if the original motion could now be withdrawn so that the attorney can work on this before adoption Councilmembers Barrett and Howard withdrew their original motion. Councilmember Carter made the motion to table and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. Later in the evening, Mr. Bounds returned to the council meeting, having completed his research on the questions raised in this discussion. Mr. Bounds said with regard to the 11.60 Chromium factor, that this is what the report provides and represents a 10 percent safety factor and is the more stringent of the two requirements necessary between the A. J. Brown Plant and the N. B. Davidson Plant, so this is a good MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 524 number. Secondly, Mr. Bounds noted, on new sources, the definition he has is one of the few model definitions and went on to explain the effect of the definition, by quoting from the Federal Register of October 17, 1988. He said basically dischargers who are not considered new sources, but existing sources, if there is a change in the categorical standards, they have three years during which to comply with the new standards. He said if one is a new source, one has to comply with the categorical standard in effect at the time one goes into operation or within 90 days after the category of standard is adopted. He said as a practical matter then, the Council is really not grandfathering and the only thing it is really affecting in the long term are people that are affected by changes in the categorical standards. He said at the present time, everyone has more or less complied and the only entity being surcharged is the hospital. As a practical matter, he said, he doesn't see anything being given up by the definition of new source as it tracts the model regulations. He said he would ask that the Council pass this ordinance from that standpoint. He said if the Council wants the staff to look at drafting a more stringent regulation, the staff will need additional time to look at who might be affected now, that is not in violation of the standards, and obtain for the Council a lot more information before that is done. Councilmember Carter said he does know something about performance standards and what the City Attorney has just said fits with what he thinks he knows about that which is that new sources are held to a higher standard, and what he is saying is that all sources have a three year grace period. He said this definition in the ordinance would allow an addition to one of the existing industries to escape the immediate requirements on wastewater pollution. He said they would still have to comply in three years according to the City Attorney, but they wouldn't have to comply in their new construction if it is an addition to an existing wastewater discharge. He said as the new source definition is written in the ordinance, if they are adding on and they are already discharging wastewater. . . Mr. Bounds said if they are adding on that Portion that they add on has to comply with the new rules. Councilmember Carter said the definition does not imply that and this is the point of debate. He argued that even an addition that is going to discharge more wastewater or change the situation by new construction, ought to come under the new rules and more stringent standards. Mr. Bounds said if they are basically adding on then they will comply not as a new source but they would comply within three Years. Councilmember Carter said he is expressing his judgment on this and asking for support. He felt that even an addition to an existing source should come under the new source performance standards, which is why he moved to strike that qualification in that definition. Councilmember Green asked if it doesn't totally replace, but only partially replaces, how do we separate that the old can still be according to the old and how do we separate the sources. Councilmember Carter assumed it would be at the point of discharge. He said if they add a new building to the hospital and begin discharging wastewater from that new addition, according to this definition, they can meet the old standards instead of the new standards in that new addition. He said they would have to comply within three years. He said it would seem that it would be beneficial to the hospital as well as the city because they ought to plan in the new construction to meet the new source standards because it is more expensive to retrofit later. Councilmember Green did not disagree with this statement but was not sure he read it that way, noting this is "legalese." Mayor Monday noted Councilmember Carter has defined it quite well and it is a very basic question: "Are we going to give them a three year grace period to comply if they add on, or are we going to require that immediately from the time they open a new addition that they have to comply with the new standards on the wastewater discharge parameters ?" Councilmember Green felt there might be a problem if they added on something that is merged with something else and does not totally replace it. Mayor Monday said basically what we are going to have to require, in some cases, is that if they add on, they have to redo the whole system. Councilmember Green said let's say it adds on 5 percent, do they have to fix the whole system. Councilmember Carter said then to leave in the words "totally replaces" in the number 2 definition as this should solve the problem if they only partially replace with the addition. Councilmember Carter said he Proposes to chance the ordinance by striking the first source definition and making the number 2 definition number 1. He said number 3 then becomes number 2 and we'll just not have the ability to add on with a three Year grace Period. Mayor Monday noted Mr. Bounds indicated he has no problem with this. Councilmember Carter then made the motion to delete the first definition and number definitions 2 and 3 as 1 and 2 and Councilmember Green seconded the motion. All were in favor and the motion Passed unanimously. 1 1 MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 525 Councilmember Carter said he stilt has questions on the penalties. City Attorney Scott Bounds said one instance where a penalty might be assessed is if one is painting one's house and cleans brushes and disposes of left over paint in the creek behind the house. He felt it would be appropriate to have a penalty of less than $200.00 for such an offense. Mayor Monday suggested a fine of not less than $25.00 per day. Councilmember Carter said what we really want to do is to deter people from dumping turpentine or any other type of fuels into a creek. Councilmember Carter felt the penalty should be even stronger, noting $50.00 would stop him. Councilmember Carter then made the motion to change both of the Penalty sections to read "not less than $50.00 and not more than $1.000 and to then adopt this ordinance and Councilmember Bell seconded the motion. Discussion: Councilmember Green felt the amount was a little high, but he would vote for it. All were in favor and the motion passed unanimously. CONSIDER AGREEMENT Consider an agreement with the Texas Department of Criminal Justice Institutional Division for parking and temporary control of the portion of various streets adjacent to the Walls Unit Mr. Gene Pipes, City Manager, advised that the TDCJ -ID has requested consideration to lease all curb zones, or that portion of the street from the curb line to eight feet inside the curb line at both sides of Avenue G from 11th Street to 14th Street; both sides of Avenue I from 12th Street to 14th Street; and both sides of 14th Street from Avenue G to Avenue J. In addition, they request to lease all that portion of the street from the curb line to the curb line for all of Avenue H from 11th Street to 12th Street; and all of 12th Street from Avenue G to Avenue I. Mr. Pipes advised the TDCJ -ID will to use this property for parking spaces, parking areas, streets, drives or alleys only. Mr. Pipes advised this agreement further provides that TDCJ -ID may close all or part of Avenue F from 11th Street to 14th Street, Avenue I from 12th Street to 14th Street, 14th Street from Avenue G to Avenue J, Avenue H from 11th Street to 12th Street and 12th Street from Avenue G to Avenue 1, for any reason, at any time, for a period of up to 72 hours, and will provide barricades and proper signage. Mr. Pipes said one section that should be removed from this agreement is the paragraph concerning: "The TDCJ -ID will additionally assume full responsibility for constructing, reconstructing, or moving fences along the west line of the property herein leased to the city within sixty days from the execution of this tease." He advised this work has already been done. In consideration for the lease of public property, the TDCJ -ID agrees to give the City use of the right -of -way of Rosenwall Road as described on Exhibit A accompanying the agreement. Mr. Pipes advised the TDCJ -1D has requested that the term of this agreement be for a period of five years, rather than four and that it be renewed automatically for successive five year periods, rather than one year periods. Mr. Bounds, City Attorney, noted because of the 90 day notice for termination, the Council basically has a 90 day agreement. Mr. Pipes expressed some concern with the renewal for additional five year periods, noting it binds future councils. Mr. Bounds said he has no problems with making the original agreement through 1995, but recommended one year renewals thereafter along with the 90 days notice provision. After some discussion, the Council agreed to the five Year term initially, but requested that the automatic renewal continue to be for one Year Periods thereafter. Councilmember Green then made the motion to approve of this agreement with the amendment that it be a five Year agreement to September 30 1995, but that the successive automatic renewals be for one Year Periods and that the Paragraph concerning the construction and moving of a fence be removed and Councilmember Carter seconded the motion Discussion: It was noted the agreement still has the 90 day notice to terminate clause in it All were in favor and the motion Passed unanimously. CONSIDER REJECTION OF BIDS Consider reiection of bids and authorization to rebid for a front - loading garbage truck due to limited and excessive bids Mr. Gene Pipes, City Manager, advised the staff opened three bids last week, one from Waste Systems, which was a no bid, and two from Industrial Disposal whose low bid was for $116,595, or $1,595 more than was budgeted. He said while the unit bid did meet specifications and was exactly like the unit purchased in MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 526 1987, the staff recommends rejection of the two bids and requests permission to rebid. Mr. Pipes advised the staff feels that by rebidding the truck, it can get more competitive bids since it has been able to Locate some additional bidders to replace the ones that did not bid this time. Councilmember Knotts made CONSIDER ORDINANCE Mr. Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, HEREBY AMENDS CHAPTER 30, COMMUNITY DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, TO REQUIRE ANY PERSON WHO SELLS OR CONVEYS RESTRICTED PROPERTY LOCATED INSIDE THE BOUNDARIES OF THE CITY TO FIRST GIVE TO THE PURCHASER WRITTEN NOTICE OF THE RESTRICTIONS AND NOTICE OF THE CITY'S RIGHT TO ENFORCE COMPLIANCE; DIRECTING THE CITY SECRETARY TO FILE IN THE REAL PROPERTY RECORDS OF THE COUNTY CLERK'S OFFICE A COPY OF THE FORM OF NOTICE; PROVIDING A PENALTY OF UP TO $500.00; REQUIRING PUBLICATION; AND SETTING AN EFFECTIVE DATE Mr. Pipes advised the Texas Local Government Code, Chapter 230, was amended to permit a municipality, without zoning, to require any person who sells or conveys restricted property within the municipality to give the purchaser notice of the restrictions at the time of purchase and not when a building permit is requested or sometime after the fact, when the individual already has money invested; and notice of the municipality's right to enforce compliance. Mr. Scott Bounds, City Attorney, noted at the present time, the City's enforcement for deed restrictions is tied to the commercial building permit process. He said this new state law states that a city now may require a seller of property to give notice of all deed restrictions affecting the property to the purchasers. He said the problem he has had with the new state law is that as it reads, it could literally void the city's present policies of enforcing deed restrictions if it does not comply with the notice procedures. He said if a municipality fails to file the form, they cannot maintain there was a violation of the statute. He said in order to protect the validity of the city's commercial building permit process, he is suggesting that the City Council pass the ordinance the city has prepared. He noted one change is as follows: the state taw addressed, in the general commercial building process, only that property inside the city limits. He said as a part of the subdivision process, the city also requires that deed restrictions affecting a subdivision be filed at the time the property is subdivided. He said he has addressed the matter of having this ordinance cover property outside the city limits. He said the ordinance he has just distributed represents the limits of what the city could require outside the corporate limits of the city, and that would be adding a provision that any person who subdivides restricted property outside the boundaries of the city as part of the subdivision, shall first give to the purchaser written notice of the restrictions. He said he feels this could be required in the subdivision process. Councilmember Bell questioned the city's jurisdiction outside the ETJ. Mr. Bounds said the city does have jurisdiction over the subdivision of land into lots in the ETJ. Councilmember Knotts felt we should state "within the city's jurisdiction," noting this would include the ETJ. Mr. Bounds said he will insert "and within the city's extraterritorial jurisdiction." 7 1 MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P° 527 CITY MANAGER'S REPORT- -GENE PIPES Authorize the City Manager to agree to a Mutual Law Enforcement with Corsicana Mr. Pipes, City Manager, advised the purpose of the agreement is to form a mutual aid law enforcement task force to be known as the City of Huntsville and City of Corsicana Narcotics Task Force whose jurisdiction shall be throughout the territorial boundaries of both members. He noted the purpose of the Task Force is to cooperate in the investigation of criminal activities and enforcement of the laws of this state. He recommended its approval. Councilmember Barrett made the motion to authorize the City Manager to enter into this Mutual Law Enforcement Agreement with Corsicana and Councilmember Howard seconded the motion All were in favor and the motion Passed unanimously. Consider the City's liability insurance Provider- -Scott Bounds, City Attorney Mr. Gene Pipes, City Manager, said the city has recently been approached by a private provider of Liability and workman's compensation insurance which had been being served for the last several years by the Texas Municipal League pool. He said a lower premium was offered by this vendor. Mr. Bounds, City Attorney, said he has been managing the city's liability insurance for the past three years. He said the TML fund has provided property, liability, workman's compensation, law enforcement, and public officials insurance as a complete package. He said this package expired October 8, 1989. He said another fund that has been formed in recent years also specializes in writing municipal coverage and this is through Texas Employers Insurance Company. He said they have made a proposal to the City regarding its complete package. He said several cities participate in this fund: El Paso, Abilene, Nederland and across the state there are many municipalities. He said municipal insurance does tend to be a little unique and it is important that the City package its insurance together because in many instances it cannot get a good quotation on law enforcement and public officials unless it is packaged with property insurance. Mr. Bounds suggested there are other consideration factors other than price, such as claims administration, policy documents, transition procedures and gaps in coverage, as well as saving money to the extent that the city can. He suggested since this is going to be a fairly complicated issue, that the audit committee or a committee of council be delegated to review the proposals and the options the city has on its insurance coverage and make recommendations to the staff as to what direction it wishes to go on this insurance coverage. Mayor Monday said then with the consensus of the Council, she will refer this to the Audit Committee. [consisting of Councilmembers Green, Chairman; Gaines, Knotts and Carter and Mayor Monday]. The Council generally concurred. Council's Annual Photo City Manager, Gene Pipes, asked the Council to indicate to the City Secretary the date they will be available for the annual council photograph to be made at City Hall: December 5 or December 12. TML Annual Conference in San Antonio City Manager, Gene Pipes, advised that later this week several members of the council and staff will be attending the annual conference of the TML. He noted this is always a very profitable experience in terms of gathering ideas and networking. Worksession for October 30-- Downtown Project The City Manager advised the Council of the scheduled work session set for Monday, October 30, 1989, to receive a report on the downtown project from the Arts Commission and hear a report from architect Kim Williams. He advised there will be no meeting on Tuesday, October 31. MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 528 MAYOR'S ACTIVITY REPORT - -JANE MONDAY National Youth's Sports Coaches Association Award Mayor Monday advised that the National Youth Sports Coaches Association and the City of Huntsville Parks and Recreation Division conduct a volunteer coaches certification program for youth sports. She said the certification program covers the areas of the psychology of coaching youth sports, maximizing athletic performance, first aid and safety, how to organize a fun and interesting practice, and tips on teaching sports techniques. She said coaches completing the certification program are required to complete an exam and sign a code of ethics pledge. She said over 2000 recreation agencies have established official NYSCA Chapters within their departments. She said NYSCA Chapters also work with their local PTA's to implement the national standards for youth sports and in general work to improve sports for children in the community. She said each year the NYSCA honors those individuals who have achieved outstanding results in implementing youth sports programs and who have made the extra effort in making youth sports fun for kids. She said 15 recreation professionals throughout the United States were recently honored at the National Parks and Recreation Association Conference in San Antonio. She said Mr. Ray Black, Parks and Recreation Superintendent for the City of Huntsville was one of those 15 people in the United States to receive this award for outstanding leadership and management in implementation of the NYSCA Program for this community. She said for Ray to be honored with this award is a reflection of his dedication to improve this quality of youth sports in Huntsville and he has brought credit upon himself, the Parks and Recreation Division, Public Works Division and the City of Huntsville. She then presented the Outstanding Youth Sports Leader Award for 1989 to Mr. Ray Black. Mayor's Activities Mayor Monday advised the Council she received a check on their behalf from Gibbs Elementary, noting the students there collected aluminum cans last year to earn money for the Gibbs Park. They then presented a check for the City's Parks Department for two extra picnic tables for Gibbs Park. She said they expressed their deep gratitude to the City of Huntsville and how well that park, as designed, has worked for the school as they consider it an extension of their campus. The Mayor advised she met with Senator Caperton concerning the PUC task force. She said she reiterated to him, as a member of that task force, how strongly the city feels about retaining the City's "original jurisdiction." The Council learned the Mayor met with utility representatives to look at some of the on -site problems that need to be addressed in the downtown area as they begin to do their future planning and as the city plans with them. She said she did a "pep rally" for Gibbs Elementary for Fitness Week. She said she interviewed with an SHSU student government leader concerning integrating their program into the community task force on alcohol and drug abuse. She interviewed with HADAP for the Week of Champions related to the Task Force. She met with business leaders in the EDC to brainstorm ideas for economic development. She said she served spaghetti for the Optimists. Yesterday, she said, she met with the Open Space Action Committee. She said they are working with Judge Delong to coordinate those individuals who wish to work off their traffic tickets by doing community service. She said they plan to use these individuals to clean up around Huntsville in those areas that are heavily littered. She said she is excited about the leadership role they are taking in this area. She said they are also reviewing some other projects they wish to undertake. Bush - Miller Park Controversy- -Response Mayor Monday noted this is not the first of such parks to be developed in Huntsville. She reminded the Council that Col. M. B. Etheredge gave the city a park at Spring Lake and the city developed that park according to his plan and the wishes of his family. She said this park was accepted and the family is very pleased with it as well as are the residents of Spring Lake. She said the City also developed a park at the L 1 MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 529 corner of I -45 and Avenue S for the Smither Family and this was done as they wanted it. She said it is a showcase for some sculpture and some other things they wanted to showcase in that park. She said they are very pleased. She said the City also has the Gibbs Park at 19th Street and Avenue S that it developed under the Gibbs family administration and guidance as to how they wanted that to work. She said that has worked very well as can be seen this evening by the presentation of funds from the Gibbs Elementary students to add picnic tables and their indication of how much they use that park. She said there is a lot precedent on how parks are designed in Huntsville. The Mayor then reviewed for those present "a Chronology of Events" leading to the Bush - Miller site development. Initial contact was made by Ms. Josephine Bush, through Mayor Monday, and a meeting was arranged with Mrs. Bush and her attorney, Mayor Monday and staff in early May. 2. A follow -up meeting was held with Mrs. Bush on May 22, 1989 in which she read from note cards her intentions to give the property honoring her husband and her father, a former Mayor of the City of Huntsville, hence the hyphenated name. Mrs. Bush also displayed an article from Houston Metropolitan Magazine which described the development vision that she had for that property. 3. The City Council had been informed on April 25, 1989 of the Parks and Wildlife Department's recommended procedure to establish a non - profit entity to receive donated parcels to enable the city to use the value of the land as a match for development funds. 4. On June 27, 1989, the City Council reviewed the creation of the Huntsville Natural and Cultural Resources Inc. without objection. 5. The Parks Board became incorporated by official Charter on July 21, 1989 to become the enabling group to meet the requirements of the donated park property policy for grant match purposes. 6. On August 29, 1989, the Parks Board, as incorporated, met in a posted, open meeting to receive the Bush - Miller tract. They were informed by the staff of the magnitude of the clean -up operations and the intent to use a dozer to accomplish the task prior to planning and recommending grant applications to the City Council and ultimately Parks and Wildlife. The site had been cleared of pine timber approximately two years ago. The residue of this clearing operation, tops and stumps, were left covering the site with secondary growth interspersed. 7. On October 6, 1989, the city's small dozer became available from its routine work and was transferred to the site. 8. Councilmember Carter called on October 7, 1989 to request a delay in the operations until Tuesday's City Council meeting. 9. The machine was returned to its primary work pending the outcome of the October 10, 1989 City Council meeting. A review of the work plan using budgeted equipment and manpower to clean the site, Leaving buffer zones on three sides, was presented by staff and approved by the city council, in a six to two vote. 10. The machine became available again on October 12, 1989 and the authorized work began and proceeded to date in which the brush tops from the pine logging operation had been pushed up and removed along with the other debris, which included a sofa, building materials, such as a rebar concrete slab, sheetmetal, plywood, switchcane, secondary growth, briars and broken limbs from the logging operation. The buffers on the south parameter were left totally untouched beyond the utility easement which crosses the property between Hickory and Normal Park. The east side buffer is 50 MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 530 feet by 75 feet in width and has the pine tops and downed trees dragged out by chain and hand for vegetative maintenance purposes. The north side buffer is 30 feet by 40 feet deep and was left "as is," and the west side remains "as was," except for the removal of the previously downed pine tops and stumps. Some 250 plus trees remain on the site. Stump grinding on the estimated 300 stumps will proceed with the tailings from the grinding operation being incorporated into the on -site soil. Seeding with winter rye will commence immediately after the grinding and top dressing is completed to maintain the soil in _place. The pond bed has been cleaned out and will be maintained to control runoff in heavy rains, pending final drainage design to control runoff to the south side of the site. Planning of this facility will proceed according to city policy, through the auspices of the Parks Board, as Trustees and Advisory Commission to the City Council, incorporating as much as possible, the donor's wishes and the city's ability to develop, maintain and operate this property as a part of the overall parks system. Approval of the parks grant application by the City Council is expected by January. Special recognition and commendations are due to Mrs. Bush for her very generous and gracious gift of this valuable park property. In the future, it is important to this park, in human terms, to be adjacent to 5600 property owner residents we know will profit from it." COUNCIL ACTION Emergency Medical Service Board Councilmember Barrett advised the EMS board met. He said there will be a change in the Director, by the Director's own choice. Councilmember Barrett noted the director wishes to stay with the EMS service, but he wishes to return to a "hands -on" type of service. He said the Board will be choosing a new director and two applications have been received from within the EMS staff. He said he will keep the Council advised of the decision of the Board. Arts Commission Workshop Councilmember Knotts asked if the Mainstreet Plan that was used in the Mainstreet Project could be provided in the packet or made available so it could be used as a guideline. Mr. Pipes noted it could be made available. Mayor Monday suggested the Council may wish to meet at the HEAP building since the downtown model is set up there. City Picnic Commended Councilmember Green commended the city for the fine city employees picnic Saturday. He said he enjoyed it very much. (Appreciation of Information of Mayor's Activities & Comments on Bush - Miller Park Councilmember Bell expressed his appreciation for the Mayor's summary of her activities as it is helpful for the Council to have this information. He said he also appreciates her comments on the Bush - Miller Park. Nest Wing of Mance Park Junior High Councilmember Bell noted a portion of University Avenue has been paved adjacent to the West Wing. He said the crosswalk no longer exists for one -third of the street and the cross walk that existed before is badly faded. He asked that this crosswalk be both repainted and extended across the new blacktop. Mr. Pipes said the city was timing this project to coincide with completing the sewer line and utility work project from there down to 10th Street and then the city will be overlaying that whole stretch of street. He said there has been a little coordination problem, but the school has been going on for some time so because paint is cheap, this could be done now. Councilmember Bell noted there are junior high classes held 1 � l MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 531 in the West Wing as well as the preschool classes, so there is a lot of pedestrian traffic that crosses there. Mr. Pipes said he was unaware there were other classes being held there besides the preschool classes. He said they will get this matter taken care of promptly. Bush - Miller Park Councilmember Carter advised it was reported to him [and not by George Russell] that the city left some equipment running for a period of 15 to 20 minutes - -a bulldozer and a front -end loader, without any attendance or any city employees within the area. He asked what the city's policy is on this as he felt this is unacceptable and the city just can't do that. Mr. Pipes advised this is an administrative matter and he appreciates it being brought to his attention. He said this matter will be taken up with the employees in that department. Councilmember Carter said he understands some say diesel powered equipment should not be shut down and turned on often and he didn't know if this was perhaps a part of the city's policy or just a mistake made in this one instance. He said he can accept this a lot more if this was a one instance mistake rather than a city policy. Mr. Pipes said he suspects this was strictly a mistake. Councilmember Carter said he too appreciates the Mayor's comments on the Park situation and he is truly sorry there has been a controversy over the park. He said he is also sorry for the debate with Councilmember Bell a few minutes ago on what the city's vision is on parks, arboretums, natural spaces, green space, etc. and he is really sorry they have these differences of opinion and that they don't work together better. He said he is hoping that maybe out of this the city will find a way to work together on these types of issues. Personally, he said, he feels the area has been destroyed and that a terrible tragedy has taken place there. He said he has been there with other people from the city and most of those feel the same way. He said his response about Mrs. Bush is that he is very pleased she gave the city this park and that the Gibbs family gave a park area and that other people gave park areas and the city should be grateful and thankful. He said he also understands Mrs. Bush had a particular vision of what she wanted done and he is not sure he would disagree with her plans. He said he isn't sure what the city has done because he hasn't visited with Mrs. Bush, but he has heard from other people who say they have talked to her and who say that what has happened is not what her plans were. He said he cannot comment other than to say, there are two different versions here. Mayor Monday said she can comment here because she has visited with Mrs. Bush extensively and she is very pleased with the park. Councilmember Carter asked if Mrs. Bush is pleased with the bulldozer work. Mayor Monday said she is very pleased with what is happening with the development of that park. Mayor Monday said when Mrs. Bush first came to the city one of her first comments was that she apologized because she said the city is going to have to go in there and clean that out because it is such a mess. Councilmember Carter said he was over there before it was cleaned out and he did not see the mess and this was part of the debate he and Councilmember Bell were having a minute ago, noting Councilmember Bell saw a mess but he didn't. Councilmember Carter said as a general city policy, it is nice to get gifts from people of any type, especially parks, but he said he didn't know that the city ought to accept a park if it means that the city is going to destroy, and this is his word, an area that might be valuable in a variety of ways, or if someone gives the city a gift and asks it to pave over it with concrete, he would rather turn down the offer than to accept it and then do what he sees it has done there. He said he doesn't see that the buffer zones are adequate. He said he has seen top soil in a video presentation removed in substantial amounts. He said when we talk about incorporating the stump grinding material into the remaining soil, it seemed to him it could have been done with the tree tops and materials pushed over by the bulldozer two weeks ago. He said this still makes no sense to him. He said but if nothing else comes of this, if the city can work together in some way to find common ground on these types of issues, that is what the city should be looking for at this time, although he didn't know how they were going to do that because he has a person sitting next to him that he often feels thinks like he does, but he finds out on this one that he doesn't. He said they have to struggle as a council on these types of issues to find some common values. He said on this park, at MINUTES OF THE MEETING OF OCTOBER 24, 1989 BOOK "P" 532 Least at this point, he does not see them sharing those common values. Again, he noted he is sorry for the controversy and wishes they didn't have it. Luvenia Johnson concernina Emancipation Park Councilmember Howard advised he has a letter from Ms. Luvenia Johnson, who lives across the street from Emancipation Park, expressing her hope that at some future date the city will perhaps pass an ordinance which will restrict individuals from passing back and forth to the park during the late hours of the night and early morning hours. Mayor Monday advised she has visited with Sheriff Myers and Chief Eckhardt concerning this problem. She then referred this matter to the Parks Board for their next meeting to see if they can look at this and come back with a recommendation for the Council. She asked Mr. Pipes to relay this request to that Board. South -End Cemetery-- Street Improvement Needed Councilmember Howard also reminded the Council of previous discussions concerning the need to improve the condition of the street accessing this cemetery. He noted it is impassable at this time. He said citizens have asked for his assistance to see that something is done about the condition of the roadway. Mr. Pipes said he will look into the matter. ADJOURNMENT Respectfully submitted, Rnth`6e haw, City Secre ary �' October 24, 1989