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Minutes - 07/05/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5TH DAY OF JULY 2011, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5PM. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Tom Cole, Mac Woodward, Jack Wagamon, Wayne Barrett, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson COUNCILMEMBERS ABSENT- None OFFICERS PRESENT: Bill Baine, City Manager: Leonard Schneider, City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION [5:00] - Discuss FY2011-12 Capital Improvement Projects. [Aron Kulhavy, Director of Public Works] The Council continued review of the CIP budget schedule for the next several years. REGULAR SESSION* [6:0013M] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:00pm. 2. INVOCATION AND PLEDGES Councilmember Barrett gave the invocation. 3. PROCLAMATIONS AND PRESENTATIONS There were no presentations. 4. PUBLIC COMMENT There were no public comments. 5. PUBLIC HEARING — The City Council will receive comments and input from the public on the following amendment to the Huntsville Development Code: Chapter 4, Development Districts, Section 403.1 Flood Hazard District to adopt the revised edition of the Flood Insurance Rate Maps (flood plain maps) effective on August 16, 2011 and other amendments to this section. The public hearing was opened at 6:02pm. There were no public comments. The public hearing closed at 6:03pm, 6. PUBLIC HEARING - The City Council will receive comments and input from the public on redistricting the City's Wards. The Public Hearing was opened at 6:03om. Tyler Eberhardt spoke in support of Map B, requesting that students be represented as a demographic of the community. Katie Newman read a prepared statement in support of Map B, stating it was the most "pro - Huntsville" and that it would affect her for the next ten years, as she intended to remain and raise a family in the community. She addressed voting totals of the May 2009 election, pointing out historical issues in low voter turnout throughout the city. Kendall Scudder said he was in support of Map B and thanked Ms. Newman for her discussion of voter turnout. He then addressed Map F, saying he thought it brought out the feelings of a neighborhood being split and that the student community had felt that way for the past ten years. He said their constituents have come and told the Council 'Map B was the way to go." Jerusha Rogers said the Council had discussed the definition of a ward, saying that wards that were too diverse essentially elected all councilmembers "at-larger and defeated the purpose of having wards. She asked the Council consider the potential a student voting block could bring to the community. The public hearing closed at 6:1 7. CONSENT AGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Approve the minutes of the City Council Regular Session hold on June 21, 2011 and the Special Session held on June 29, 2011. [Lee Woodward, City Secretary] b. Approve Ordinance 2011-42, amending the budget for FY10-1 1. [Winston Duke, Finance Director] Councilmember Woodward made a motion to approve the Consent Aaenda. Councilmember Barrett seconded the motion. The motion passed unanimously. 8. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2011-41 to adopt the revised edition of the Flood Insurance Rate Maps (flood plain maps) effective on August 16, 2011, and other amendments to Chapter 4 of the City of Huntsville Development Code, I" reading. [Aron Kulhavy, Director of Public Works] The Mayor asked Aron Kulhavy, Director of Public Works, about the other amendments. Mr. Kulhavy said they were to bring the Code in line with Federal Emergency Management Agency (FEMA) regulations. b. Presentation, discussion, and possible action to approve language consideration and possible action on recommended Ordinance 2011-43, setting just and reasonable rates for the Cost of Service Adjustment to be charged by CenterPoint Energy in the City of Huntsville, 12'reading. [Leonard Schneider, City Attorney] Leonard Schneider, City Attorney, said CenterPoint had done an annual review and requested a rate decrease. He said the City hired an attorney to check those calculations, and this Ordinance was recommended for approval. Mr. Schneider noted the additional attorney fees were paid for by CenterPoint, as mandated by State law. 9. MAYORICITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion, and possible action to discuss water policy issues. [Standing item on first agenda of each month.] Carol Reed, Director of Public Utilities, presented slides on average household indoor water usage and nationwide average overall water usage. She said a breakdown on water usage in the city would be presented at a following meeting. b. Presentation, discussion, and possible action on the report and recommendations from the Economic Development Ad Hoc Committee. [Councilmember Barrett] Councilmember Barrett gave a presentation (available from the City Secretary], the final recommendations being: 1. That the Huntsville City Council endorse the concepts and strategic plan herein presented for purposes of planning and budgeting 2. That the Mayor appoint and authorize the Economic Development Study Group to continue its work with periodic reports back to the City Council and the residents of Huntsville The Mayor thanked Councilmember Barrett and Councilmember Woodward thanked the entire Study Group. Counclimember Barrett made a motion to adopt the report and the Mayor seconded. The Mayor recognized the attendance of Judge and Mrs. Danny Pierce. Councilmember Wagamon confirmed the additional discussed steps would come to Council for approval. Councilmember Montgomery gave the Study Group her support. The motion passed unanimog M1. Councilmember Woodward said the group seemed to be moving toward a more permanent status and to bringing in other parties, suggesting the group be broadened. The Mayor said the group had considered it but that some potential partners were looking to the group to put some framework in place first. Councilmember Woodward said he would like to see the partners have a role in forming the material. The Mayor said they would have a role. Councilmember Wagamon noted the Auburn project had been very targeted about the business type sought. He said the budget currently contained over $400,000 for an economic development project and asked that the specifically defined business type be presented to the Council as soon as possible and put up next to the business for which the money had been earmarked. Councilmember Barrett clarified that the ad hoc committee was not currently involved in any way with industrial recruitment and did not feel the group was in opposition to what Councilmember Wagamon expressed. Councilmember Johnson congratulated Councilmember Barrett on his presentation. He said Mr. Dunlap had summarized his whole program by saying "Economic Development means more jobs and more taxes" and asked that all remember this baseline in view of the many decisions remaining to be made. Councilmember Johnson recalled that Auburn went after second- and third-tier businesses of the automobile industry moving in their multi-state area. He suggested that Houston was still a big energy center and that it might be logical to pursue that industry. Councilmember Olson noted Auburn brought an Economic Development Director in before setting their parameters and hoped Huntsville would be malleable. Councilmember Wagamon concurred, saying Mr. Dunlap had been asked how difficult initially it had been for Auburn to hold to their ideal. He said the Council could benefit greatly by, as Auburn does, visiting each business, being willing to turn it down, and considering whether anything at all should be offered, noting Mr. Dunlap was willing to share the case studies to learn what a good and bad one looked like. Councilmember Olson said he had heard sentiments in the community that economic development had been tried and failed, asking that it be remembered that it had not been this Council and that mistakes are always made. He said he supported a diversified effort and that no single person was responsible for success or failure. Councilmember Barrett said he found all the comments "most helpful" and that the group was searching for as much inclusiveness as possible. Councilmember Montgomery agreed, saying that most importantly, the effort had produced good results and the group should continue with the framework they had established. Councilmember Woodward said this was a long- term investment and hoped all would give time and patience. Bill Baine, City Manager, said the Council was "right on," discussing prospective businesses coming to the community. The motion passed unanimously. c. Presentation, discussion, and possible action to nominate Paul Lohmann to fill a vacancy on the Veterans Affairs Advisory Board. [Mayor Turner] The Mayor made a motion to nominate Paul Lohmann to an open position on the Veterans Affairs Advisory Board and was seconded by Councilmember Woodward. The motion passed unanimously. d. Presentation, discussion, and possible action to nominate Michelle McKenzie - Spencer to fill a vacancy on the Youth Advisory Board. [Mayor Turner] The Mayor made a motion to nominate Michelle McKenzie - Spencer to an open position on the Youth Advisory Board and was seconded by Councilmember Montgomery. The motion passed unanimously. e. Presentation, discussion, and possible action to approve Ordinance 2011 -40 to remove an appointed member from a Board or Commission after missing four consecutive regular meetings, and other considerations, 2nd reading. [Mayor Turner] The Mayor moved to adopt an amended version of Ordinance 2011 -40, askina the Ordinance chanae the wording from "four consecutive regular meetings" to "four consecutive meetings." Councilmember Woodward, among others, seconded the motion. The motion passed unanimously. f. Presentation, discussion, and possible action to approve a proposal for redistricting. [Mayor Turner] The Mayor said he did not intend to make a motion at this meeting, that he personally foresaw that happening at the next meeting. Councilmember Woodward asked if anyone could give an example of an issue or circumstance in which the view or wishes of the students had not been approved. He said the University and the students, in his recall, had been a part of every relevant Council decision. Councilmember Olson said his concern was a consensus of Council would eventually be needed to eliminate one or more proposals. The Mayor said he would like the elimination of proposals to begin at the next meeting. Councilmember Johnson wondered if anyone at the dais had a clear knowledge of the origin of each of the maps. The Mayor said Councilmember Wagamon suggested Map F to show Elkins Lake being divided. He said Map C was a response to Map B being a dividing line. The City Secretary confirmed that Map D was the result of the City's initial meeting with Olson and Olson. Councilmember Wagamon said he would not be bringing a motion in support of Map F although he thought it made an important point about why the City had wards. Councilmember Fitch asked Councilmember Johnson about Map E. Councilmember Johnson said the way he looked at the University community that Map E was the fairest to the entire city, that the University, in his opinion, could not be confined to just that geographic area. He said he was committed to all Councilmembers looking at all areas of the city. He said he sees University- community residents in all wands. Councilmember Olson said he thought it was a mistake to put the maps "on someone's head," that it didn't really matter. He said his opinion was to draw a map much like the current one and massage it a little, that it would be the easiest to defend, as the current map worked well and the socio-economic layout of the city had not changed much. Councilmember Olson said his concern was more about such groups rather than students or non - students. He said he thought Map E showed a balance based on the current map. Councilmember Barrett observed he had requested at least one map with minor changes [Map C], and noted perhaps Map E was the closest to current maps. He noted he had spoken with some residents of Spring Lake and was surprised to note they did not want to be in Ward 4, although he thought it reasonable in terms of shared infrastructure. Councilmember Fitch made a motion to remove Map F from consideration and was seconded by Councilmember Wagamon. The motion passed unanimously. Councilmember Wagamon made a motion to remove Map D from consideration and was seconded by Councilmember Woodward. The motion passed unanimously. The Mayor moved that Map A be removed and was seconded by Councilmember Wagamon. The motion passed unanimously. g. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development City Manager Bill Baine said the Library expansion continued. He said work had commenced on the Highway 19 expansion. He said FEMA had formally approved a portion of the engineering on Town Creek, as well as recognizing the City's in -kind expenditures, work done by incarcerated labor, and the $50,000 spent. Mr. Baine said he had sent the Council a study on the pension liability, noting pension liability had been significantly reduced in the last three years. Mr. Baine said there was a major break in an 11"' Street water line Friday night that then blew out an adjacent sewer line. He said there was an average of 2 -3 breaks a day due to the dry weather. Mr. Baine said there was a $48,000 roof for the City to buy. In Economic Development, he said coming businesses at Ravenwood were Five Guys Burgers, Verizon Wireless, and the Texas Hair Team. He said there were two other businesses that were waiting announcement. He said there was also a professional office on Woodward and a Yummy Yummy Mongolian Grill on Highway 30. He noted they were also working on additional businesses for which parking and warehouse space were needed and not available. 10. PUBLIC COMMENT Kendall Scudder noted to Councilmember Woodward's question that a University ward representative would be a Councilmember always with them on their mind. One example he gave, without intending to be contentious, was that Veteran's Memorial was rarely used by walkers and had extensive sidewalks, whereas there were no sidewalks on Lake Road where many students walked. Ashley Baker gave an example of the local ban on skateboarding and lawnboarding as something relevant to students but not recognized by the Council. 11. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA Tort Brock of The Huntsville item asked if the Council would propose additional maps. The Mayor said he wouldn't rule out compromise maps. 12. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Counciimembers, and City staff for which no action MY be discussed or taken.) 1. The Farmers Market will be held Saturdays from 8-noon. The Mayor said he and the Mayor Pro Tem had visited the library and were very pleased with the progress with the expansion. Councilmember Woodward said he felt the community would be very proud of it and surprised at the amount of space within. The Mayor encouraged the public to attend the Farmers Market. Councilmember Barrett thanked his wife for spending their twenty -fifth wedding anniversary at a City Council meeting. Councilmember Olson encouraged the support of the North American Wild Turkey Federation dinner to be held Friday. 13. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 — consultation with counsel on legal matters including current and pending litigation, Including, but not limited to, AT &T v, the City of Huntsville. [Leonard Schneider, City Attorney] b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 to receive legal advice on acquiring land for redevelopment of HUD - sponsored single- family housing and 551.072 to discuss real property in relation to Economic Development projects, current and potential. [Bill Baine, City Manager] The Council adioumed into Executive Session at 8:08om. 14. RECONVENE a. Take action, if needed, on items discussed in Executive Session. The Council reconvened at 9:02om. The Myer made a motion to accept the settlement in the AT &T vs. Huntsville suit. Councilmember Johnson seconded the motion. The Mayor noted that the line - locating company that did not properly locate the line cut by the City would pay a portion and the rest would be paid by the Texas Municipal League (TML) Insurance Pool, acknowledging that the City paid premiums to TML, but that there would be no cash direct outlay from the City. The motion passed unanimously. 15. ADJOURNMENT 3hel meeting was adjoum at 9:04 .m. i ee Woodward, City cretary