MIN CC 01/21/1992CITY COUNCIL MEETING OF JANUARY 21, 1992
BOOK 'R' 8
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF JANUARY, 1992 IN THE CITY HALL
COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT
6:00 P.M.
The Council met in a regular session with the following members present:
W. H. Hodges, Mayor William B. Green City officers present:
Gary Bell William H. Knotts, Jr. Gene Pipes, City Manager
Ila G. Gaines Ronald L. Large Scott Bounds, City Attorney
James L. Carter O. Eugene Barrett Danna Welter, City Secretary
Charles Robinson Dan S. Davis
FORMAL MEETING CONVENED
Mayor Hodges called the meeting to order at 6:00 P.M.
ATTENDING CIfQEN
_I Jack Day - Huntsville Item: Mr. Day, Circulation Manager of the Huntsville Item, stated that he understood Councilmember
Bell had placed on the agenda an item to discuss the installation of the Huntsville Item tubes. He stated that he had talked
to City Attorney Scott Bounds, and was advised that the tubes were in violation of the development code. Mr. Day said he
had reviewed the ordinance and it refers to signs and not containers; their use is designed to provide customers with better
service by keeping papers dry. He stated the name on the sign is strictly to identify and not to advertise; the Houston Post,
Chronicle and U. S. Postal Service place their names on the same type of receptacles for identity. Mr. Day stated that should
the Huntsville Item be required to remove the receptacles that they would comply, but felt the Houston Chronicle and Post
should also follow suit Mr. Day asked Council why the receptacles are illegal today when they were not for many years?
Jody Crawford - HBBA: Dr. Crawford stated that the baseball program operates between a cost of $90,000 and $100,000.
Dr. Crawford requested permission to use advertising signs on the outfield fences of the ballparks. The signs would be 4
x 8 sheet of 40 gauge aluminum painted with heat shrink rubber border. Each sign weighs approximately 21 pounds. Dr.
Crawford stated it was safe for the kids and durable. The signs would go up the first week in April and be removed by June
15 and be stored and used year after year. He stated this would provide the HBBA with the means to produce between
$25,000 and $40,000.
Mayor Hodges stated that it was prudent to allow the HBBA to raise this amount of money, even though it is on City
property. Councilmember Green stated he liked the idea that the signs are removable.
CONSIDER MINUTES OF JANUARY 14, 1992
Councilmember Barrett made the motion to approve the minutes of January 14, 1992, and Councilmember Gaines seconded
the motion All were in favor and the motion passed unanimously.
CANVASS ELECTION RESULTS
Receive and canvass the City Officer and City Charter referendum results of January 18 1992
Mayor Hodges read the results of the City Officer and City Chapter referendum results by precinct.
CONSIDER RESOLUTION 92 -1 -21.1
Consider Resolution 92-1-21.1 certifying the results of the election of January 18 1992
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CITY COUNCIL MEETING OF JANUARY 21, 1992
BOOK 'R'
9
' RESOLUTION NO. 92
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF
HUNTSVILLE ON THE 18TH DAY OF JANUARY, 1992, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS,
ONE FROM EACH OF THE CITY'S FOUR AT -LARGE POSITIONS, AND FOR THE PURPOSE OF VOTING ON SEVEN (7)
AMENDMENTS TO THE CHARTER OF THE CITY OF HUNTSVILLE; DECLARING THE RESULTS OF THE ELECTION;
FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY
HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE
STATE.
FOR COUNCILMEMBER AT- LARGE, POSITION 1
DAN S. DAVIS .. ............................... 120
WRITE -INS ..... ............................... 10
FOR COUNCILMEMBER AT- LARGE, POSITION 2
ILA G. GAINES . ............................... 121
WRITE -INS ...... ............................... 8
FOR COUNCILMEMBER AT- LARGE, POSITION 3
JIM CARTER ... ............................... 114
WRITE -INS .................
' FOR COUNCILMEMBER AT- LARGE, POSITION 4
WILLIAM S. GREEN ............................. 118
WRITE -INS 9
CHARTER AMENDMENT
FOR
AGAINST
1. The charter amendment to update state statutory references contained
in charter.
132
11
2, The charter amendment to conform the City election procedure with
state law.
137
8
3. The charter amendment to require one City Council meeting per
month.
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CITY COUNCIL MEETING OF JANUARY 21, 1992
BOOK 'R' 10
JANUARY 18, 1992 CITY OFFICERS ELECTION
CITY OFFICERS ELECTION RESULTS
VOTERS BY CITY PRECINCTS
POSITION/
CANDIDATE
EARLY
101
102
201
206
301
401
TOTAL
POSITION 1
Dan S. Davis
23
0
43
17
22
8
7
120
Write -Ins
1
0
1
3
2
1
2
10
POSITION 2
Ila G. Gaines
21
0
45
16
22
10
7
121
Write -Ins
1
0
1
3
1
0
2
8
POSITION 3
Jim Carter
20
0
33
25
20
9
7
114
Write -Ins
1
0
5
0
1
0
1
8
POSITION 4
William B. Green
20
0
44
17
20
10
7
118
Write-[ as
1
0
1
3
2
0
2
9
Total voters casting ballots in Early Voting - 25,
Total voters casting ballots in Precinct 101 - 0,
Total voters casting ballots in Precinct 102 - 52,
Total voters casting ballots in Precinct 201 - 26,
Total voters casting ballots in Precinct 206 - 24,
Total voters casting ballots in Precinct 301 - 13,
Total voters casting ballots in Precinct 401 - 11,
17 percent of total;
0 percent of total;
34 percent of total;
17 percent of total;
16 percent of total;
9 percent of total;
7 percent of total.
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION
TOTAL NUMBER OF REGISTERED VOTERS IN THE CITY
PERCENTAGE OF REGISTERED VOTERS WHO VOTED
151
8499
2%
CITY COUNCIL MEETING OF JANUARY 21
1992 BOOK 'R' 11
CITY CHARTER AMENDMENT ELECTION RESULTS
VOTES BY PRECINCT
Amendment
Early
101
102
201
206
301
401
Tails!
%
1 FOR
19
0
48
21
23
12
9
132
92%
AGAINST
2
0
4
3
0
0
2
11
2 FOR
22
0
46
22
24
12
11
137
94%
AGAINST
0
0
5
3
0
0
0
8
3 FOR
20
0
34
8
12
8
5
87
60%
AGAINST
2
0
18
18
12
3
6
59
4 FOR
21
0
42
11
19
10
8
111
79%
AGAINST
1
0
8
13
3
2
3
30
5 FOR
13
0
35
20
18
10
6
102
73%
AGAINST
7
0
14
5
4
3
5
38
6 FOR
15
0
36
13
18
9
8
99
69%
AGAINST
6
0
14
13
5
4
3
45
7 FOR
19
0
45
20
23
12
9
128
90%
AGAINST
2
0
5
4
0
1
2
14
Councilmember Barrett made the motion to approve Resolution 92 -1 -21.1 certifying the results of the election of January 18 1992 and
Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously.
OATH OF OFFICE
City Secretary Danna Welter administered the Oath of Office to Dan S. Davis, Ila G. Gaines, Jim Carter, and William
B. Green. Newly elected Councilmember Davis introduced his wife, Elsie, and daughter, Jennifer.
CONSIDER ELECTION OF MAYOR PRO TEM AND CITY COUNCIL COMMITTEE APPOINTMENT REORGANIZATION
Councilmember Bell nominated the senior member of Council Councilmember Bill Green as the new Mayor Pro Tem and
Councilmember Gaines seconded the motion All were in favor and the motion passed unanimously.
Mayor Hodges appointed Gary Bell, Bill Knotts, Ila Gaines and Ron Lange to the Personnel Committee and appointed
Gary Bell to chair this committee. He appointed Bill Green, Jim Carter, Charles Robinson, and Dan Davis to the Finance
Committee, and appointed Bill Green to chair this committee.
CONSIDER RECOMMENDATION
Consider the recommendation of the City's Financial Advisor, Mr Rennie Baker of Cowen and Co concerning the prepayment
and reissue of the 1984 Revenue Bonds in order to reduce the interest_ rate and costs to retire the issue.
Councilmember Green stated that Mr. Baker was not present, but he had talked to him this afternoon and reviewed
the refinancing of the 1984 revenue bonds; he asked Mr. Baker to have First Southwest Corporation present a proposal for
February 4. The Finance Committee is proposing to examine the possibility of reissuing the bonds at a much lower interest
rate.
CITY COUNCIL MEETING OF JANUARY 21, 1992 BOOK 'R' 12
CONSIDER PROPOSAL FOR HISTORIC SURVEY '
Discuss the methodology and consider the proposal and optional procedures for the historic survey work as recommended
".. by the Arts Commission.
Mayor Hodges stated the Arts Commission feels strongly about the historic survey and has an unique proposal for
Council. The total cost of the proposal is $17,863, of that amount City Council has budgeted $6,000, leaving a balance of
$11,863; the Arts Commission is raising the money for the $11,863. Mayor Hodges stated Council needed to endorse the
concept of the survey and vote to fund the City's portion.
Mr. Pipes stated that Ms. Pease had talked with the County and they had agreed the money allocated last year would
still be available if matched through another source. The Arts Commission has been working on raising the matching funds,
and at this time Dr. Staggs is guaranteeing the $11,863 himself If no other funds are available. Mr. Pipes is reoommending
waiting the two week period between now and the following Council meeting for any contributions; County participation or
any other contributions be brought in. The contract can be executed at this time, subject to $11,863 coming from another
source.
Councilmember Bell made the motion o approve the Hardy Heck Moore contract at $17,863, with $6,000 coming from
budgeted City funds and $11,863 to come from other sources and Councilmember Robinson seconded the motion. All were
in favor and the motion passed unanimously.
CONSIDER ORDINANCE 92 -1 -21.1
Consider Ordinance 92-1-21.1 complying with the Americans with Disabilities Act mandates for program development,
evaluation procedures, and notification process.
Mr. Pipes stated this ordinance is to Comply with federal guidelines.
Councilmember Green made the motion to approve Ordinance 92-1-21.1 complying with the Americans with Disabilities Act
and Councilmember Knotts seconded the motion. '
Councilmember Green feels the ordinance does rat define disability. Scott Bounds stated that it is intended that the
City use the definition of the federal ADA. Mr. Pipes staled that the City is establishing a procedure by which individuals can
provide input, complaints, concerns, etc.
Mayor Hodges called for a vote and the vote was 8-17 Councilmember Green voted no.
CONSIDER RESOLUTIONS AND AGREEMENTS WITH TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION
Consider agreements with the Texas Department of Highways and Public Transportation to install operate and maintain
`. individual fixed time traffic signals at 1) S H 75 (Sam Houston Avenue) and 19th Street and 2) S H. 30 and Financial
Boulevard by approval of Resolutions 92-1-21.2 and 92:1-21.3.
Councilmember Gaines made the motion to approve the agreements and resolutions for the two traffic signals listed, and
Councilmember Knotts seconded the motion All were in favor and the motion passed unanimously.
CONSIDER ENGINEERING SERVICES CONTRACT
Consider an Engineering Services Contract with Traffic Engineers Inc or Traffic Licht Synchronization Program II (11th Stree4
from Normal Park to Martin Luther Kira Blvd) as planned and budgeted through T D H P T grant and local budget match.
Mayor Pipes slated this firm would provide the necessary engineering support or the tratc light synchronization
project on 11th Street.
COuncilmember Knotts made the motion to approve the contract with Traffic Engineers Inc and Councilmember Gaines
seconded the motion. I
Councilmember Green stated the conflict of interest statement in the contract should be reworded to conform with
City Charter.
CITY COUNCIL MEETING OF JANUARY 21, 1992 BOOK "R' 13
Councilmember Green made the motion that Item 14 of the contract be reworded to conform to City Charter, and
Councilmember Robinson seconded the motion All were in favor of the amendment to the motion and it passed
!. unanimously.
A vote was taken on the amended motion all were in favor and the motion was passed unanimously.
CRY MANAGER'S REPORT
Consider the monthly tax report for December with adjustments to the tau levy as noted.
Mr. Pipes stated that the reports were provided for Council's consideration and formal approval. The reports have
been previously provided for Information, but now contain the adjustments recommended by the Appraisal District and
therefore need formal concurrence.
Councilmember Knolls made the motion to approve the December Tax Report and Councilmember Gaines seconded the
!'. motion All were in favor and the motion passed unanimously.
Consider authorization to act on real estate matters considered in Executive Session.
Mr. Pipes requested authorization to bid on the property on 7th Street as discussed in Executive Session.
Councilmember Green made the motion to authorize the City Manager to offer $73,800 for a piece of property on 7th Street
with a 5% earnest money contract and Councilmember Gaines seconded the motion. All were in favor and the motion
passed unanimously.
' Consider an agreement with H I S D to provide athletic field facilities at Ross Park for a period of three years in consideration
of a $25000 participation in field constriction- renovation Costs.
Mr. Pipes stated that H.I.S.D. should contribute $25,000 as participation in field construction, and $2,000 per year
beginning January 1993, for three years, and would use the large baseball field and the soccer field at Ross Park. !I
i
Councilmember Green made the motion to approve the agreement with H S D to provide athletic facilities at Ross Park and
Coundlmember Robinson seconded the motion All were In favor and the motion passed unanimously.
Consider emergency repairs of sewer trunk main.
Mr. Pipes stated that the City has a potential failure on a 30' pump main going to the wastewater treatment facility
north of Huntsville. Mr. Wilder, Director of Public Works, showed a video of the exposed sewer main line. The location is
approximately one mile upstream of the A. J. Brown Wastewater Treatment Plant. Mr. Wilder stated that upstream a large
sand bar has been created in the creek and diverted the creek exposing the sewer main. Staff is proposing to nave the line
over, and to also get in the creek bed and move the sand so the creek will remain straight and not erode the bank more.
At the time the pipe is concrete and it is proposed to be replace it with PVC pipe. Mr. Pipes requested $52,500 to repair this
sewer line before it fails.
Councilmember Carter asked ff this is an emergency, why can't City crews be pulled off of current jobs and repair
the line. Mr. Pipes stated that the City of Huntsville does not have the necessary equipment to do the job. Staff also stated
that if the line fails, City crews would be necessary.
Councilmember Knolls made the motion to approve the emergency request for $52,500 from the reserve for future allocation
for the sewer main line repairs and Councilmember Gaines seconded the motion. All were in favor and the motion passed
' unanimously.
CITY COUNCIL MEETING OF JANUARY 21, 1992
MAYOR'S ACTIVITY REPORT
BOOK 'R' 14
'! Boards and Commissions vacancies to be appointed February 4 1992.
Mayor Hodges stated that there are vacancies in various boards and commissions
by Council in time for the meeting on February 4.
Gw1:7;1
and requests recommendations
'.'. Huntsville Item Tubes
Scott Bounds stated that the City ordinances already prohibit placing tube boxes with signs in the City right -of -way;
it is a device used to into" or attract attention to a product not generally offered on the premises. He stated that the City
enforces ordinances on a complaint type basis; this is the first complaint regarding these tubes. The sign ordinance
addressing the matter is valid, the Courts have Indicated that cities can prohibit all off- premise signs for aesthetic and traffic
safety reasons. There are first amendment considerations involved (an advertising circular), but the sign ordinance addresses
those and permits vending boxes and use of public right -of -ways to vend newspapers or distribute newspapers.
Councilmember Bell noted that the publisher of the Item, Ariena McLaughlin, and Circulation Manager, Jack Day, are
present. He stated that during the citizen input session, he detected a confrontation stance by Mr. Day, would like to avoid
that and talk through and try to resolve the problem. Councilmember Bell stated that there have been many complaints
regarding the tubes from the Spring Lake residents. After contacting the Item, Councilmember Bell was told the tubes were
being put up not for the newspaper, but for the Item Extra (an advertising circular). They have been installed in front of every
home. He feels this is a use of a City right-of-way, and many homeowners were outraged to have what they considered as
visual pollution placed in their Nom yard. The Item did not contact the City to ask permission to use the right-of -way, or the
individual homeowners.
Mr. Day stated that they had not had any complaints in the past, and they put the tubes up to save money by cutting
down postal costs. Mr. Day stated that a subscriber is distinguished by a white dot on the tube.
Councilmember Bell noted that the newspapers are being thrown in the yards instead of being put in the tubes.
Councilmember Knofts remarked that the tubes are not being installed properly; some are angled, tipped over, askew,
and don't look very good.
Councilmember Bell stated that the residents in Spring Lake feel the subdivision looks like a Huntsville Item
advertising center. Councilmember Bell suggested that specific permission be granted before installing the green tubes.
Mr. Day stated that t a customer calls and wants the tube removed, they will remove it.
Councilmember Bell stated that since the tubes violate the law, he doesn't feel the citizen should have to take action
o bring the violation to an end.
Councilmember Lange stated he had talked to one resident who liked the tube.
Mr. Day stated there were many residents who like the tubes.
Mayor Hodges stated he tell, instead of taking all the tubes down, that the homeowners who did not want the tubes
call for removal.
Councilmember Bell stated it was not right to leave the tubes in from of homes who do not subscribe to the
newspaper; this is essentially an advertising ploy.
Mayor Hodges stated many people who don't subscribe to the paper like the advertising Circular.
Councilmember Bell stated the he does not agree with the notion that a violation of the law has occurred, and now
the citizens must take positive action to overcome the violation of the law.
Mayor Hodges stated that there were also Houston Post and Chronicle boxes in right -of -ways.
Councilmember Belt stated he stands very firmly on notion that the boxes should be removed, the mistake was made
by the Item and there is no reason for ratifying the mistake by leaving the boxes in place and would ask the City Attorney
to enforce the law.
Mr. Day asked t a resident calis and requests a tube, can they be installed?
Scott Bounds, City Attorney, responded that a nameless tube Could be installed.
Councilmember Knotts stated he feels the Council should not put the responsibility on the property owners, the Item
did not request permission in the first place.
Councilmember Green suggested that the Item Contact each properly owner and ask if they want the tube retained
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CITY COUNCIL MEETING OF JANUARY 21, 1992 BOOK W 15
. or removed.
Councilmember Bell stated that would be a possibility, but the Item's name should still be removed.
-- Mayor Hodges asked Mr. Day if he would take the responsibility to contact the owners of Spring Lake and Pine
Shadows and see 0 they want the tube to stay or be removed.
Councilmember Bell asked about the name on the tube. Although both the Chronicle and Post have their names on
their tubes, he stated that two wrongs don't make a right and he planned on addressing that problem.
Councilmember Green stated a possibility would be to alter the sign ordinance.
Mayor Hodges stated he felt that might be a good idea.
Councilmember Bell asked that this subject be referred to a work session and discuss the problems. I
Mayor Hodges stated that a work session would be held on February 4.
Boards and Commissions Vacancies
Councilmember Carter thanked the Mayor for requesting from Council names of possible citizens to fill the vacant
boards and commissions positions. it
Cornerstone Apartment Signs �J
Coui=lmember Lange noted that there are Cornerstone Apartments signs that need to be removed from City righ -of-
ways.
Welcome Dan Davis
Councilmember Davis stated he hoped to continue the footsteps of Councilmember Barrett. He also noted that he
will be the only member eligible to serve in the year 2000.
22nd Street and Sam Houston
Councilmember Knolls asked that a request be put in for a traffic signal at 22nd Street and Sam Houston Avenue due
to the sigh distance.
I I
Planning Commission
Councilmember Gaines asked Councilmember Davis to consider the citizens who would be eligible to serve on the
Planning Commission.
MEDIA INQUIRIES
ADJOURNMENT