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MIN CC 05/28/1991CITY COUNCIL MEETING OF MAY 28, 1991 BOOK aw" 395 OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 28TH DAY OF MAY, 1991 IN THE CITY HALL COUNCIL , 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: . H. Hodges, Mayor William B. Green City officers present: . Eugene Barrett William H. Knotts, Jr. sry Bell Ronald L. Lange Is G. Gaines Charles Robinson Gene Pipes, City Manager Scott Bounds, City Attorney ouncilmember absent: James L. Carter, Jr. Ruth DeShaw, City Secretary Mayor Hodges convened the formal meeting at 5:15 P.M. and then recessed the Council into an executive ion to discuss police security matters under exception 25 of the Texas Open Meetings Law. (Deliberation rding the deployment of specific occasions for implementation of security personneL or devices.) The :it concluded their discussion at 5:50 P.M. Mayor Hodges then reconvened the formal meting. Councilme ber Gaines presented the invocation. CONSIDER RESOLUTION NO. 91-7 Mayor Hodges advised the Council wishes to recognized the family of Police Officer Wayne B. Wood, who recently died of a heart attack while on duty. Mr. Gene Pipes, City Manager, read the resolution, which is reprinted below. ' RESOLUTION N0. 91 -7 IN MEMORY OF WYNE B. WOOD EREAS: The City of Huntsville wishes to acknowledge the loss of OFFICER WYNE B. WOOD and to recognize him, not only for his service as a dedicated Huntsville Police Officer, but also as a caring person; and EREAS: WYNE B. HOOD was a loving husband, father, and grandfather; his loving family being the center of his life and whose warmth and closeness provided him strength, happiness and joy; and EREAS: His association with the PoLice Department of the City of HuntsviLLe, Texas began in 1965 and involved service in patrol, patrol supervision, as a field training officer, a warrant officer, a firearms proficiency officer, in narcotics, and for the past six years as a detective; and HEREAS: OFFICER WOOD'S experience and maturity was a vital asset to the Huntsville Police Department, along with his knowledge of the people and community which led to the identification and solving of cases for himself and other detectives; and EREAS: OFFICER WOOD held an Advanced Certificate from the Texas Commission on Law Enforcement Officer Standards and Education and completed well over 1,000 hours of training from law enforcement schools and seminars to further his expertise in protecting Huntsville's citizens; and EREAS: Numerous letters of commendation and thanks have been received by OFFICER WOOD over his 26 years of service which serve as written testimony to his effectiveness as a Police Officer and to his humanitarian qualities as a caring citizen. THEREFORE, BE IT HEREBY RESOLVED by the Huntsville City Council that the memory of OFFICER WYNE B. WOOD will be forever honored for his professionalism in the cause of the preservation of peace and that his family, friends and fellow officers be acknowledged in their loss of this Loved one; and that it be further resolved that OFFICER WOOD'S CaLI No. 223 will be retired. ESOLVED AND SIGNED on this the 28th day of May, 1991. W. H. HODGES, MAYOR OWLD L. LANGE. COUNCILMEMBER CHARLES ROBINSON. COUNCILMEMBER EUGENE BARRETT, MAYOR PRO TEN JAMES L. CARTER, COUNCILMEMBER ILLIAM H. KNOTTS, JR.. COUNCILMEMBER GARY M. BELL, COUNCILMEMBER LA G. GAINES, COUNCILMEMBER WILLOW B. GREEN, COUNCILMEMBER CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "0" 396 Mayor Hodges asked for a notion to approve this resolution. Councilmember Barrett made the mo adopt Resolution No. 91 -7 and Councilmember Gaines seconded the motion All were in favor and the motion unanimously. Mayor Hodges then presented one copy of the original of the Resolution to Mrs. Kay Wood on of the City of Huntsville and the City Council and the second original will be given to the Police Dep for their display and record. RECOGNITION OF GUESTS Mayor Hodges advised members of two boy scout troops were in attendance at the Council Meeting to work on Citizenship in the Community Merit Badges. He introduced Scout Master Larry Fusaro and Assistant Scout Master Boyd Sorrenson. Mr. Sorrenson introduced his sons, Ken and Jeff Sorrenson. Mr. Fusaro introduced Chuck Sawyers, Bart, Iach Hilton, David Trowbridge and Jason Gillam who were also working on their badges. Mayor Hodges welcomed the scouts and hoped they passed the requirements on the first try. Mr. Gene Pipes, City Manager, advised the City's present ordinance requires that the Council make a considered judgement on whether the City wishes to extend additional taxi service permits. He than presented a memorandum from Ruth DeShaw, City Secretary, advising that a request has been received from Louis and Phillip Irving for a new taxicab permit for Quick Service Taxi. Ms. DeShaw advised Section 16 -30 of the Code of Ordinances -- Council Action on Application: Issuance provides "that the City Secretary shall submit any application filed under this article to the next succeeding meeting of the city council, either regular or special, for approval or disapproval. If such application is approved or granted, the City Secretary shall issue such chauffeur's license upon the applicant's complying with the provisions of this article." The Council was advised there is only one other cab company currently in operation, Reliable Cab Company, operated by Margie Allen, who has five vehicles listed on her permit. Mr. Pipes said the Irvings were formerly associated as drivers with Margie Allen's Reliable Cab Company. He said the City has no criteria on which to base the numbers of taxis and how many taxi companies are needed; it is strictly a matter of feeling. He said the staff has previously addressed this problem and acknowledge there are a number or changes in the taxi ordinance that probably need to be made, such as the maintenance of ' insurance and a number of things that could go into a complete overhaul of the City's Taxicab Ordinance. He said obviously, at the present time, all that is required is a simple application on which they give the pertinent information as to the vehicles that will be driven and the driver's license of the drivers and that is it. He said it is up to the Council's considered judgement as to whether the city needs two more taxis or three more taxis or five more taxis. Mayor Hodges asked if there is a staff recommendation. Mr. Pipes, City Manager, said the staff's recommendation is that the City completely rewrite the Taxicab Ordinance and to take all of this under consideration at that time. He said certainly it would not be advisable to permit additional taxis pending that rewrite. At the present time, he said, the taxi service available in town seems to be adequate, without question, however, the staff is not at all adverse to free market competition. and it Passed unanimously. Discussion: Councilmember Bell noted that Mr. Pipes has a very cogent point about looking at the city's Taxicab Ordinance and rewriting it and setting up some kind of formal structure. He noted this is going to continue to come up in the future. He said we may need a work session with some input from the taxi owners and operators. Mr. Pipes said that is fine and the staff wilt do that. Mr. Pipes, City Manager, advised Mr. Glenn Isbell, Director of Design Engineering on city staff, attended a neighborhood meeting last Tuesday evening which gave them the opportunity, in absence of a Council meeting, to spend time to detail this information for the abutting property owners, some of whom are present at this meeting. He said the solution to the problem, a concrete lined ditch or an enclosed box culvert, 1s a very expensive alternative to the problems there, but the City is concerned that the property owners are worried about losing a considerable portion of their property with each succeeding rain, and it is raining again tonight. He said to the best of his knowledge, this area has basically remained unchanged for a number of years and he does not know of any particular increase in runoff, etc. because the area upstream has been fairly well settled for a number of years. He said he did not know of any particular changes taking place, but obviously the erosion has accelerated in the last six months during this very heavy rain period and it was even noted considerably before that and is now getting out -of -hand. At this point, he said, the question in terms of a policy, is what can be done about it, at what expense, and also what responsibility does the city have. He said the staff has looked at it and Mr. Isbell has provided some estimates on various costs from the surveying and data that have been collected. He said it is an extremely expensive proposition no matter what alternative is chosen. He said he does understand that at one time this particular creek area was lined with rock, done by the CCC WPA about the time Pritchett Field was built. He said the deterioration of the lined channel has led to the rapid erosion that has now taken place. He said he and Mr. Isbell will be happy to respond to any questions. CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "0" 397 Councilmember Knotts asked if this section is behind ConciLmenber Carter's home. Mr. Pipes said it arid it starts at a headwall at 18th Street right behind the curb arid goes there around to Avenue 0 behind Addison's house and then goes down behind Brady McCollough's. Councilmember Knotts noted another drainage met joins it somewhere. Mr. Pipes said behind Dr. Bower's house, it canes from 19th Street and joins there picks up a flow and another Little tributary enters. Councilmember Knotts said it comes in there by the tle Red School House and by those apartments. Mr. Pipes said it all joins together and does create, lectively, quite a volume by the time it reaches 11th Street by the Pizza Hut. He said it has came out on of the 11th Street right -of -way several times recently. Councilmember Knotts noted too the city has a sewer n along that right -of -way. Mr. Pipes said that is true and the city is presently Looking at relocating the ier main into the street right -of -way which will require some extra deep cuts on 18th Street, but that is tainly much easier to access and maintain than it is down through and between these private property erests abutting the creek. Councilmember Green acknowledged the problem but was not sure of the source of it. He said the city �a partially addressed that. He asked if the solution being discussed here, in terms of the various ternatives from $198,000 to $369,000, solve the ultimate problem, or does this just fix it there? Mr. Pipes yid the development and the runoff is already in- place. He said as long as there is no significant change such larger areas being concreted, etc. in that watershed/tributary, the flow is going to stay the same but the ow is more than the creek can handle right now. Councilmenber Green asked if there is a way to rechannel the ow that will at Least partiaLly solve the problem without doing some of the things that are presented as ternatives here; is there more than one way to fix it. Mr. Isbell said the problem is not a flooding problem it is in some situations; the problem here is an erosion problem. He said there is a 13 1/2 foot fall from 'nth Street around to Avenue 0 on this particular reach of channel and so the velocities can get in excess of -15 feet per second. He said the current erosion problems are simply eating the bank away and large trees e falling into the creek. He said there is some storm drainage coming from Avenue P through there and two three sections /joints of pipe have fallen in. He said it is an erosion problem that is hard to correct; in der to correct it, we are going to have to control the velocity, which means we are going to have to stair - ep this thing down through some kind of line configuration or box. ' Councilmember Green asked, if in addition to the velocity, there is a volume problem and could the city .duce the volume. Mr. Pipes said it cannot because on Avenue P 1/2 running between 18th and 19th Streets, winetimes that street runs curb deep or higher in excess of what will stay in the storm drains, but that then tentially creates a problem for the city by washing out the curb arid gutter, etc. on the north side of 18th rest. He said the city can't acquire sufficient capacity anywhere up there by retention ponds, etc., to hold we water because it is aLL developed. Councilmember Green asked if we concrete -line this ditch as one ternative, then one of the things that is Likely to happen is an increased speed. Glenn Isbell said the city It have energy dissipators along the channel where the city would water -fall the flow and drop it off via air -steps to dissipate the energy by the time it got to Avenue Q. Mr. Pipes said in that 500 feet, we'd have vough drop and fall that it would slow itself down and that is part of the expense. He said just hastening i from 18th to Avenue 0 won't do anything but wash it out somewhere else farther downstream. Councilmember een said this is his concern that some of these alternatives appear to increase the speed of the water and y create a problem farther downstream. Mr. Pipes said the old rock work or the trees or tree roots or simething has been dissipating it over the years and as the flow has changed the character of the channel, then e erosion is accelerated. It has gotten worse much faster in the past year, he said. Councilmember Robinson asked even if the city concrete -lines this channel, the concrete lining will entually fall out. Mr. Isbell said nothing is maintenance free and it will not last 100 years, but it may List 30 -40 years. Mr. Pipes said the rock -Lined channel built by the CCC year's ago, lasted about 40 years, t the tree roots, etc. undoubtedly buckled it and washed it away. Counci lmember Bell asked if there was any sense noted in the May 21 neighborhood meeting of the owners It king the financial responsibility in this instance? Mr. Isbell said the city presented the alternatives to t e property owners that were there. He said the city's approach has always been to consult with the property ners to see if they are agreeable to giving the necessary easements, etc., in order to be able to do nstruction before the staff approaches the Council with it. Councilmenber Lange said he was in a portion of t at meeting and has been doing some research into this and has talked to the City Manager and City Engineer ut it. He pointed out that we are talking about private property and not public [city3 property that is g ing through there. He said the city is a landowner too because it owns property; i.e., the streets where ter comes in and goes out. He said he personally does not see how the city can afford to do this particular oject; it has many drainage problems in the city. He said he think that as an adjacent property owner, the c ty has to consider its interests; i.e., the streets. He said he hopes the city can work with the Landowners t at actually own the land there so as to help them resolve the problem. Councilmember Bell said ever since he has been on the City Council, it has talked about a drainage licy and how the city should approach these things. He said that sounds Like a piecemeal problem. He asked i the city council should talk about the city's responsibility in the case of private areas. He said he knows t e city has a hugh flooding problem downtown; of which Councilmember Gaines is sensitive. He asked to what e tent should the city put its resources up there before it puts them in these small tributaries. He said the ic ty really needs an overall comprehensive approach to this particular drainage issue. Mayor Hodges said he s spects this has been a problem for the Last several years. He said if he understands the problem correctly, t e city could spend $10 million right now in drainage problems around the city. He said perhaps Councilmember CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "g" 398 Bell has a point that we need to have a policy on it Counci Lnember Bell said the city needs to find out wheot the water could effectively be channeled and slowed down and put into retention ponds. He said he would like to see an overall master plan of the city and then do projects year by year in order to solve some of these major problems. Mr. Pipes said the city can begin working along these Lines. He noted now that we have the ten year program underway [utilities, water and sewer and the streets capital revitalization program in 19841, and realizing the city can only do so much in a given period of time, the next phase obviously is drainage. He said it is hoped that the growth of the community could take place in the intervening ten years to be able to pay for it when the city is ready to do that work. He said it is also realized that the $10 million, such as the street paving costs to resurface all the streets in town, would basically just get the city started. He said Councilmember Knotts has suggested one of the solutions is the 7th Street storm drains that send enormous amounts of drainage water out of town to the north. He said the city received an early estimate on that project of approximately $400,000 in 1982, and it addressed the big stopper in the bottle leaving town, but obviously, the city has a lot of the localized problems. He said the city has looked at Gene Smith's problem on north Saar Houston just beyond 10th Street, one block south of City Hall and considered the alternatives there. He said the city considers the Railroad property adjacent to the TDCJ and SHSU property [the old Railroad Spur property], as a possible solution to some of the city's problems. He said when it comes down to addressing it on a comprehensive plan basis, the city has been trying to complete the street, water and sewer work and then go into another public works area. He said very frankly, the city has never had adequate policies or finances to address the drainage problem. Councilmember Lange said this problem is a very pressing problem to the people in this block and one of them is about to lose his house. He said he has not looked at it, but understands the erosion is getting very close to this person's house. He said he hopes the city staff can work with the homeowners in that area to help them solve the problem. He said he hopes that people see now the reason why the city has building codes, etc., in the city, and that is to avoid situations like this in the future. He said if the city had these plans 30 -40 years ago, this would not have happened because that particular block would never have been developed. Mayor Hodges said meanwhile, before we get a comprehensive drainage plan and before we decide whether we want to spend a lot of taxpayers money on private property, the city certainly does not have the ' $300,000 in hand now to take care of this serious problem. He asked if there is anything the city can do. Councilmember Green asked if the source of the water is the City's problem? Mr. Isbell said the water generates from 65 acres of watershed. Councilmember Knotts said he feels it is the city's responsibility on drainage. He said no private property owner is responsible for the drainage because the city controls all of it; the city has easements on all of the streams and watersheds. He said by the Development Code itself, the city controls the drainage. He said if one goes in to build a structure in that area, the city has to maintain an easement on it. He said the developer has to give a drainage easement to the city before they can ever develop it. Mr. Pipes said that is a requirement in the current Development Code. Councilmember Knotts said he feels the drainage of the total city is a city responsibility. Councilmember Green said as part of the Code, it is, but he is not sure that it is on every piece of property. Councilmember Knotts said a property owner can't go in and build an eight foot by eight foot concrete box to take care of upstream flow that is going to gather together on his property because there is no way his property is going to be worth that box culvert. Councilmember Green said he is not sure what CouncUmember Knotts is saving. CounciLmember Knotts said a men half way down stream has got to build a box there to take care of all of the upstream water, all of the watershed. Counci Lmember Green said he thought that was addressed in the Code as to how much water one can dump on their neighbor. Mr. Pipes said that is in new development, and this problem is 30 -40 years old. Councilmember Green asked how this is relevant to development. Councilmember Knotts asked why the city is considering anything downtown, such as the problems at Key Printing 8 Office Supply as that is all private property except where it crosses the street. CounciLmember Green noted he has a good point. Councilmember Knotts said drainage, the watershed, and processing the drainage water, is a city responsibility. Councilmember Gaines felt Councilmember Bell has a point in that the city has to look at the overall program instead of doing this piecemeal. She said the city knows it has a problem because the Council has been talking about this for six years and the Council has set only a Little money aside to take care of it but that amount is but a drop in the bucket considering the problems. She felt the city needs to look at the overall problem before it starts to spend money in any major way. Councilmember Knotts said this would be a good project to start with because it is the head of a watershed. Mr. Isbell agreed as the head of this is a 65 acre drainage area. get a master plan for drainage. CouncitmmNer Green asked it, in the meantime, there is any way these people can alleviate their problem shy of the city spending some $400,000. City Manager Pipes said there is nothing , under the code, but obviously, there are a number of things that work out in the real world, including putting building materials, etc., in the channel that will dissipate the water so that it does not necessarily direct the water in such a way that it will continue to wash out the walls of the creek. Retarding erosion is _ something that can be done by many means, except for appropriately designed energy dissipating drainage systems and backfiLLing of soil to put the lots back the way they were six months to two years ago, there is really no solution to the problem. Mr. Pipes said this situation also entails, if the City had the money and willingness to do this project, Lard acknowledging that the property owners are willing to give the necessary easements), the city will have to clear some trees and do some work down there just to be able to get in there to work on CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "g" LM t because there is no entrance except on 18th Street, Avenue P and off of Avenue Q. He noted it is all in the iddle of a block and there is no way to get to it. He said there are a number of fundamental problems in etting to this particular one. He said it is very similar to the Gene Smith problem a couple of years ago; is lot happened to be immediately adjacent to the street and was accessible. All of his abutting property wners, from Sam Houston Avenue north to Avenue M, were willing to give the easements, but the city would have ad to take down all of the fences and basically build a road back and forth in order to log the materials in here. He said he had built a cross tie bulk head that had washed out in one of the vigorous rains and log ammed down at the Avenue M inlet box as it crossed under it. He said this particular situation, trees and ether natural vegetation have done virtually the sane thing, but what used to be the old rock bed creek is now we and it is finding its own depth. He said just getting in there with a dump truck to back fill the big poles that are already in -place will be very difficult without taking out a Large number of trees and creating ots of problems in that respect also. Councilmember Bell asked philosophically if the city can even spend $300,000 on private property. ouncilmember Knotts said that would not be private property if the easement was given to the city; the city as control of the drainage. Mayor Hodges said he suspects that if it is a serious problem, the city will have trouble getting the easements. He said we are talking about Long range drainage solutions of $8 or $10 RLion for which we don't have the money. He said if we are going to find that kind of money, the city will ave to go to the voters for a major bond issue, which takes a lot of time and planning. Meanwhile, he said, hat does the city do in the next six weeks. Mr. Pipes said the city could dump spoil material over there from ther street projects, etc. and put it in the hole. Mayor Hodges said maybe that would help and maybe it 't. Councilmember Lange asked Mr. Isbell is there is a possibility that would work. Mr. Isbell said there as been some construction debris put in the channel the last couple of times he has been out there, but the ype of debris that is going in there won't help; perhaps concrete broken sidewalks or curbs, etc., would help, t at the same time, we could get the other effect that if that starts rechanneling the water and when it does, t starts eating the banks out; instead of running in the channel, it starts running or cutting to the side. e said the hole the city is concerned with now is about 12 feet deep and the worst erosion is on 18th Street oing north about 50 or 75 feet at the end of that rock -lined channel; it has dropped off about six feet [right hind Ms. Ballentine's house). Mr. Poteete said in regard to Mrs. Smith's property, they put some rip -rap in fter they came to the Council and the project wasn't funded. He said since that time, they have had some itional washouts on that property so the rip -rap did not do a Lot of good for than. He said they hired a ontractor to put that in for them. Mayor Hodges asked if Mr. Pipes wanted to schedule to start work on a master plan and if he does, that s a long term solution to an immediate problem, but he didn't know what else the City could do at this point. r. Pipes said he does and of course, it has been in the city's course and scope of work for a nxnber of years s the next critical public works area to work on after the streets and water and sewer distribution system in shape. He said that plan certainly won't help these people in their circumstance today and ultimately, do have a value problem, as Councilmember Knotts pointed out earlier; the cost of any of these projects is 11 in excess of the value of the properties. Councilmember Barrett noted perhaps the city should give these people some relief and let it fit into IustnciL master plan that the city will be doing later on and then the city will not lose any money. Counci lmesber tts said this is the head of a watershed, so whatever we do there will help. Mayor Hodges noted one ernative might be that it would be less expensive for the city to buy all those houses up and down the nnel and let nature take its course. Councilmember Barrett said but the people may wish to live in their sea. Councilmember Knotts asked where would it end. Councilmember Lange said if we let Mother Nature take course, it will continue and will begin to wipe out the streets and keep on moving because that is how her Nature does it. Councilmember Knotts said he would Like to have a work session on drainage when the can look at it in more depth to see what it can do. Mr. Pipes, City Manager, presented this request from the Student Government Association of SHSU that 20 mile per hour school zone be placed between 17th Street and 20th Street and that the hours for the zone ould be between 7.00 A.M. and 3.00 P.M. Mr. Eddy R. Parker, Jr., Communication Chair, advised the Rersection is dangerous and poses the possibility of injury to student pedestrians. He also noted there is curve in the road between 17th Street and 20th Street and the speed limit, 35 MPH, is too fast to insure that udents crossing from the dorms to the campus are not put in risk of being hit by passing vehicles. ' Lion. Discussion: Mayor Hodges Sala %net ayes naa Dean aaoresseo Dy me �wuncn ro cue pnsq man au tea s made a "no left turn onto Sam Houston Avenue" and there was an overhead blinking caution light installed same stripes painted on Sam Houston Avenue. He said everyone was encouraged to cross that Sam Nouston enue at this intersection. Counei member SetL said he has personally had several calls from faculty members - o walk in that area up to the University. Councilmember Green suggested a copy of the letter from Mr. Parker Id be sent to the President and the Faculty Advisor for SGA. Atl were in favor of the motion to dam except .....: i..,e.x,e. aai n ..ti., ....ran �ed. and the nation passed bV a vote of seven to one. CNOte: Counci lmember CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "Q" 400 Counci lmember Barrett clarified that the Councit is not against traffic control in that area but f is requests of this nature should be directed through the University administration. Councilmember Green 'iso noted he felt there perhaps should not be a school zone on a state highway. Mayor Hodges asked if the city has the authority to regulate this speed. Mr. Pipes said the SDHPT tells the city that local ordinances estebtPsh speed limits; they would be glad to take whatever action the Council ordains. He said, however, changing the speed limits would canpletely wreck the interconnecting signal system. He said the timing of the signals from south Sam Houston Avenue at Sycamore Avenue alt the way through town, designed to expedite the traffic, would than not be synchronized if three blocks within that stretch are changed to 20 mph. Councilmenber Green said the request is not real clear, but he thinks the request is for 20 mph on Sam Houston Avenue from 17th Street to 20th Street. Mr. Pipes, City Manager, presented this amendment, approved July 24, 1990, to authorize the architect to manage the completion of construction on the Mitchell Building (Simply Seconds /Bargain Boxx); and assist the city in negotiation, design and specification of the Building Facade Project for additional buildings. He noted for these services, the compensation by the City shall be maximum fees of $3,000, including reimbursable expenses; and compensation shall be on an hourly rate basis, as listed in the basic contract, when work is requested by the City. Mr. Pipes said there is some additional interest in the downtown area and this is the second part of what is expected to be a continuing series. He said Mr. Williams will advise the appropriate property owners on their remodeling work and they, of course, will pay for all of their own expenses in that respect; however, the architectural drawings, etc. will be provided. Councilmember Barrett made the motion.to Consider the recommendation of the Planning and Zoning Commission as follows; Street naming Mr. Gene Pipes, City Manager, advised the Council had referred to the Planning & Zoning Commission a request for street naming at the Airport and asked that particular guidelines be developed. He said the , Commission has submitted a report dated May 6, 1991 which advises that after discussions concerning the petition to new the airport road after Andy Anderson at two meetings of the Commission, the Commission would like to recommend that the airport road should be named in the manner suggested as follows and that the following additions to Section 612.1 of the Development Code be adopted: "6.12.1(6). and should, if possible, be named in a manner to provide direction to the general public (i.e., Park Street, Library Avenue, Museum Drive). 116.12.1(7). Streets should not be named as a memorial to or in honoraria of a person either Living or deceased unless the person being so honored has, in the opinion of the City Council, made significant contributions to the betterment of the city, state or nation. Streets, once named, nay not be renamed without a 3/4 majority approval of the City Council.-- Mayor Hodges asked if the names would have to come from the City Council. Mr. Pipes said generally the developer names the streets and Lists them on the plat. Mr. Scott Bounds, City Attorney, advised the naming of streets is a legislative function of the City Council. He said the City Council has designated the authority to the Planning & Zoning Commission to accept names. He said any naming or changing of names would be a prerogative of this Council. Mayor Hodges noted then the Council does need to name the streets. He said the street to the airport does need a name and he suggested "Airport Boulevard." Couricilmember Barrett said the Council has received a request and /or petition some time ago asking for this street be named in honor of a man that has spent a lot of time at the airport and contributed much to that area. He said he didn't feel just picking a name out of a hat is proper and felt the Council should consider two names for this road, one that is directional and one that honors someone, such as Avenue F /Martin Luther King Boulevard. He said a person could be honored by the name of the street and Airport Boulevard could be underneath it which would describe where it goes. Councilmember Knotts said he would like to see recommendation from the Planning & Zoning Commission and then consider what they recommend. Mayor Hodges said he is not sure they want to give a recommendation. uawmiasion wrin reaaro to naming streets aria councilmember Bell seconded the motion Discussion: Mayor Green asked the City Attorney is he has a problem with this procedure. Mr. Bounds said as he reads the policy, 6.12.1(7), he assumes the process would be that they are going to come to the City Council for certification as to whether or not a person-& name is appropriate. He said just so the Council is not delegating ail responsibility to the Commission; the Council should remain a part of that process. Councilmember Green said he understands that. Mr. Bounds said since this will be an amendment to the Development Code, it will need;to be done in the form of an ordinance and brought back to the Council. Councilmembe_r Green amended his origirkhl CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "g" 401 Mr. Pipes, City Manager, presented the "Preliminary Report" of the Huntsville Planning and Zoning mission concerning this rezoning request. According to Dan Davis, Chairman of the Commission, Mr. John David isley has presented a request for the rezoning of what constitutes two functional lots in the G. A. White division on 11th Street. He said this area is currently zoned as a Neighborhood Conservation District; lever, Mr. Tinsley is requesting rezoning of these lots to the Management District to allow commercial use these two Lots. Mr. Davis reported that since land is proposed to be rezoned from exclusively residential a much less restrictive zone, the Commission reviewed the application very carefully, taking into �sideration of the following: Have conditions in a neighborhood been rD oven to have changed radically from the time of original zoning to the time of the rezoning request to justify a reduction from an exclus ive Ly residential zone to a commercial zone? Are the Land Use Patterns (i.e., zones) proposed to be adjusted solely for financial or speculative reasons? If the Land is or was known to be residential in character at the time of purchase, for instance, the owner should not expect it to be otherwise. Is there sufficient land in the City already zoned for commercial uses? In other words, is there plenty of Land available to accomplish the seine purposes elsewhere in the City? Would the rezoning encourage or result in the eroding or disruption of a well - established neighborhood? In other words, is this a "foot- in- the-door" that may result in destroying the whole neighborhood? If so, it is inconsistent with the adjacent tracts and, if approved, would undermine adjacent land uses. Is the request consistent with the Comprehensive Plan? For instance, Huntsville's Comprehensive Plan states -'(C)onflicts resulting from incompatible land uses should be minimized and the established characteristics and identity of the neighborhoods of the community protected." ' Where the zoning map has established major physical barriers -- streets, highways, rivers, creeks, etc. as the dividing line, is the proposed amendment a "major advancement across a physical barrier ?" Is the request spot zoning which my be illegal? Spot zoning is defined as (from Texas Municipal Zoning Law by John Mixon) "zoning amendments that reclassifies a specific tract... that unlawfully departs from comprehensive plans to favor or discriminate against a particular tract without justification." Mixon goes on to say "Texas Courts sometimes require evidence of 'changed conditions' to justify specific tract reclassification." Under the term change of conditions, Mixon defines it as "changes in a neighborhood (emphasis added) that justify rezoning a particular tract; in dead - restriction law, a change in neighborhood character of a restricted subdivision from repeated violations that renders further and similar violations of private restrictions unenforceable by injunction." Mr. Davis said after due consideration, it is the recommendation of the Huntsville Planning and Zoning mission that the request for rezoning of the above referenced lots be denied due to the potential conflict ulting from incompatible land uses and that such action would result in possible iLLegaL spot zoning. Mr. Pipes said what is required now is for the Council and the Commission, under the ordinance, to ignate a joint public hearing [which was the manner the Council chose to process these variance requests), ablish a time and conduct a joint meeting, so that final action can be taken. He said the Commission has sidered the request and has deferred basically back to the Council that it is not something they would be favor of under the established criteria. He said the ordinance requires that a hearing be held and this ter cannot proceed until the Council selects a hearing date. Couneilmember Green asked if the questions considered above are the relevant questions to be answered determining variances. He said when he read these questions and the implied answers to each one, he "almost la heart attack." He said if these are the questions one uses to determine rezoning, they are bad questions. said there are no answers but there are implied answers; i.e., "is this done for speculative reasons ?" He d if the implied answer is yes, then it is evident the request will not be granted. Councilmember Green then ' Discussion: Councilmember BeLL pointed out to the Council that these are the very lots that prompted e City's neighborhood zoning issue in the first place and what they are trying to do is back door what we were ying to prevent initially. He said this one makes him nervous, especially this one, and he is going to vote ainst it and didn't even want to see it come up for a public hearing. Councilmember Lange said he is opposed what they want to do, but the City Council has set up a public hearing process so they can come forward to esent their case and the Council must allow them to do that. Councilmember Bell said the point is well taken; ere should be a hearing, but he also reminded the Council of the historical background. Councilmember Lange id he understands that, but still wants to give the party a fair, open hearing and he would appreciate them ing the same thing for him. Councilmember Knotts said any rezoning must go through a joint meeting of the CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "ga 402 Council and the Planning and Zoning Commission and the matter does not have to be decided that night. Mayor Hodges asked why the city needs a Zoning Commission if the Council has to sit in to approve it. Councilmedber Barrett said everything the Commission does has to come to the City Council anyway. City Attorney Boards said the Counci l had the option of holding separate hearings or having the hearings conducted by the Planning Commission, but the Council wanted to be a part of the process, so it was structured to be a joint hearing with the Planning and Zoning Commission. CounciLmisber Knotts said that was put in to cut out corruption. Councilmember Bell said the Coumilmeabers are the elected representatives of the people. City Planner Dale Brown said the zoning map is an ordinance of the city and it can only be amended by Council action. Councilmember Barrett said this Council can put this off and stick their heads in the sand, but at some time, these commercial avenues, the highways that come through Huntsville, are going to be commercial. He 9eid it is the Planning and Zoning Commission's duty to set out guidelines. He said if everyone along that thoroughfare wants to sell their property, they need to establish a way of buffer zones that will protect,the neighborhood. He stressed again that at some time it is going to go commercial along 11th Street because that is a main thoroughfare and it is commercial property along that street. He said this can be delayed to some other Council, but felt the Commission should outline a way so that if everybody, say two houses deep, etc., to protect the neighborhood and get a buffer there and get commercial property along there is going to have to be done some day. Councilmember Knotts said the Council can do this but the ordinance can't delete the whole subdivision question. City Planner Dale Brown said what the Commission, in its own response just generally in discussions, told the people is that they need to solve many of their problems first; i.e., it is still deed restricted property and they felt the property owners ought to get together, as Comncilmiemmber Barrett said, and get their problems solved between themselves first and then come to the City. Counncilmember Green asked why that is toot addressed as a question, the fact that it is deed restricted. He said to him, that is the only relevant question. Mr. Brown said the specific question the Commission asked him to find out is how other cities handle this. He said most other cities don't have this specific thing addressed to them, but most of them have had zoning long enough that there are very few deed restricted subdivisions or they just don't pay any attention to the deed restrictions. He said the only city he found was Nacogdoches that specifically had a policy. Councilmember Green asked if we are enforcing deed restrictions. Mr. Pipes said yes and this is the form the Council adopted. Upon a vote on this motion all were in favor and the motion passed unanimously. [Nate: Councilmember Carter was absent.] Mr. Gene Pipes, City Manager, presented this ormnance, the caption or W"IC" is as ,euvwe: ORDINANCE NO. 91.9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON AVENUE S (WEST SIDE) BETWEEN 20TH STREET AND 19TH STREET, NORMAL PARK (EAST SIDE) BETWEEN PLEASANT STREET AND ROUNDABOUT ROAD, AND 17TH STREET (NORTH SIDE) FROM AVENUE M TO 82 FEET WEST OF AVENUE M; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. the motion. Discussiont Mr. Poteete, Director of Public Works, advised the Catholic Newma representatives made this request. ALL were in favor of the motion and it passed unanimously. Councilmesber Carter was absent.] Consider budgeting expenditure of $14,235 for library materials from reserve for future allocation Mr. Gene Pipes presented information from Ms. Judy Hunter, Librarian, advising that in October, 1990, the Library requested a collection development allocation totaling $25,000 which would allow it to begin rebuilding the overall collection, which has suffered from several years of no or reduced funding in this area. She reported a total of 510,765 was allocated at that time for collection development. Ms. Hunter also reported that the Library staff has concentrated during the past months on barcoding and entering its entire juveniile collection into the circulation plus data base so that automated circulation might begin prior to the summer reading program, its heaviest circulation period. Also, during this time period, she noted, only those materials of urgent need were processed because all personnel were involved in data entry. She advised that on Monday of this week, circulation began. And, with the heaviest data entry period over, processing personnel can now resume full -time . processing of new and donated material. Ms. Hunter said the urgent need for additional materials was outlined in the Library Board Report issued earlier this year. She advised that in order to accomplish the immediate goals enumerated in that report, the balance of the original decision package request ($14,235) must be allocated at this time from the Reserve for the future allocation. Mr. Gene Pipes, City Manager, advised that the money is in the Reserve fund and can be t was u CITY COUNCIL MEETING OF MAY 28, 1991 BOOK "D" 403 CITY MANAGER'S REPORT--GENE PIPES Wayne Wood Recognition City Manager Pipes thanked Council for its acknowledgement of Officer Wood's death. He said he felt that the Police Department and Officer Wood's family greatly appreciated their efforts. Special Olyroics Mr. Pipes advised he was out of town a great deal of last week representing the City and the University at the Special Olympics State Meet in San Marcos. He said it is widely known that the University has responded to an initial request by the State Association to bid on future games. He advised a smell delegation represented the Huntsville area (himself; Dave Cich, Chamber President; and E. Thayne King from the University Housing Office] in San Marcos to observe this year's games in prospect of getting the games next year and being prepared to carry them out if Huntsville receives the bid. Mr. Pipes said they appreciate the opportunity to observe the conduct of the games and to witness the courage and determination exhibited by the athletes, families, and coaches, and all others involved in that event. He advised nearly 4,000 athletes participated, there were 2,DOO coaches and numerous family members and other interested citizens present. He reported that there was a Torch Run by the Law Enforcement communities of the Dallas area, West Texas, and also from Houston that joined up in Austin and proceeded to the games to Light the torch. There were also a number of moving events. He said the Special Olympics would be an event that would be a tremendous asset to this community. He felt it was a great benefit to have had the experience of participating in the bid process for something of this size and magnitude, but especially because of the individual merit of this particular program itself. He thanked the Council for the opportunity to represent the city. He reported that the process over the next several weeks will be cut down again, noting Huntsville has already been through one cut down and is now in the top five. He said there will be a final twosome selected for negotiation. He said the University continues to carry the banner of the initial application because of their control of the facilities to be used in the .games, but certainly the City of Huntsville wants to very actively participate and assist in any way possible. Mr. Pipes said he will keep the Council informed. MAYDR'S ACTIVITY REPORT Mayor Hodges advised Chief Eckhardt participated in the funeral of Police Officer Wayne Wood recently and he did a wonderful job in a very tough, trying and emotional time. He congratulated Chief Eckhardt and his entire department for their participation in what was really an outstanding showing of support. CONSIDER THE MAYOR'S RECOMMENDED APPOINTMENTS P laming and Zoning Committee Mayor Nudges recommended the appointment of Ms. Beverly Richard to replace Mr. Charles Robinson, who was elected to the City Council on January 19, 1991, having served since January 31, 1987, Ms. Richard will assume this unexpired term, which will arid on October 1, 1992, at which time she will be eligible for appointment to a full three year term. Councilmember Green made the motion to approve of this appointment and .] Board of Adjustment Mayor Hodges then reappointed Larry Graves and Clyde Murray for another two year term, commencing October 1, 1990 and concluding October 1, 1992. Each was initially appointed on June 26, 1990. Mayor Hodges also appointed Dr. Don Goers to assume the unexpired term of Lorayne Brown Shaw, who resigned from this Board an March 28, 1991, having served since Juno 26, 1990. This term will expire on October 1, 1991, at which time Dr. Coers will be eligible for a full two year term. Mayor Hodges then appointed Mr. Carl Prier to fill the unexpired term of Ron Lange, who was elected to the City Council on January 19, 1991, having served since June 26, 1991X This unexpired term will expire on October 1, 1992, at which time Mr. Prier will be eligible for appointment to a full two year term as well. Councilmenber Green made the motion to approve of these Police Promotional Review Board Mayor Hodges then reappointed Walter Bennett to the Police Promotional Review Board for another three year term, commencing January 1, 1991 and ending January 1, 1994. Mr. Bennett has served in this capacity since August 27, 1985. Councitmember Green made the motion to approve of this appointment and Councilmember Barrett seconded the motion All were in favor and the motion passed unanimously. [Counci Lmcober Carter is absent.] Parks Advisory Board y The Mayor then reappointed Nancy Tiller for another three year term, commencing January 1, 1991 and ending January 1, 1993. Ms. Tiller has been serving on this Board since January 1, 1984. Mayor Hodges then appointed Dorothy Shandera to fill the position vacated by Judge Horton upon the completion of his term on January 1, 1991. Judge Horton served in this capacity since February 4, 1986. Ms. Shandera will serve a three year term from January 1, 1991 to January 1, 1994. Councilmember Green made the motion to approve of these appointments and Councilmember Barrett seconded the motion. All were in favor and the motion Passed unanimously. [Note: Councilmember Carter is absent.] arts Commission Advisory Board CITY COUNCIL MEETING OF MAY 28, 1991 BOOK 010° 404 Mayor Hodges then appointed Jim Balzaretti as an Advisory Member to the Huntsville Arts Cemwtil a two (2) year term retroactive from October 1, 1990 and ending October 1, 1992. Mr. Balzaretti eligible at that time for appointment to a full two year term. Councilmember Green made the motion to Carter is Board of Adjustments and Appeals Mayor Hodges then appointed Joseph Rowe to complete the unexpired term of Luther Jones, who outside the city therefore vacating his position on this board. This unexpired term continues until 0 1, 1993. Mr. Jones was initially appointed May 12, 1987. Councilmember Green made the motion to spor Mayor Hodges recommended the dissolution of these committees. He advised grant writing wnll a with City Planner Dale Brown doing this in -house for the City as he has in the past; and, the open Space Committee will merge with the Parks Advisory Board since their work overlaps. Councilmember Barrett in COUNCIL ACTION Emancipation Park Problems Councilmember Robinson expressed his concerns to the Council regarding a gathering at the Emancip Park this past weekend. He said he understands it was an annual Juneteenth celebration of the Cit Montgomery, but because the ground was so wet, they brought the celebration to Huntsville. Councilm Robinson reported that he went to the Park to see how things were going with the celebration. He said are a number of things that he needs to bring before the City Council, perhaps at a later date. He sa found, in viewing the way the citizens of the City of Montgomery acted and carried themselves on the gro to be 11atrocious." He said: 9 would be willing to bet nearly 85 percent of those individuals were drip heavily or involved in some kind of drug activity." Councilmember Robinson spoke with Chief Eckhardt t whether or not the City is still adamantly patrolling the area. He said felt while it may not be necessa always let the police know of gatherings in the area, but that patrolling be consistent and regular in the so the officers can watch what is going on there as it is an area that needs to be checked. He said with number of people participating in a function, it requires closer supervision. he said there are signs p in the part that say no alcohol or drugs whatsoever, but unless the city enforces these rules and regulat just as with a child that is not spanked when he does something wrong, he will continue to do it. He that almost everyone had "something to drink in their hard or were smoking something -- and it wasn't toba Mayor Hodges asked Chief Eckhardt to note this and step up patrols, activity, or whatever is necessary. ADJOl1RMMEMT May 28, 1991 spectfuL ttted, ,.,� 1 -6Le�1 ut Deshaw, City Secretary for be ion of ber ere I he ds, ing see ' to area hat :ted mns, tted .A „ C