MIN CC 09/14/2010
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14 DAY OF SEPTEMBER 2010, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Mac Woodward, Jack Wagamon, Charles Forbus, Lanny Ray, Dalene Zender,
Melissa Templeton, Wayne Barrett, Tom Cole
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Kristin Edwards, Deputy City Secretary
REGULAR SESSION* [6:00PM]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:03pm.
2. PLEDGES OF ALLEGIANCE
3. INVOCATION
Councilmember Barrett gave the invocation.
4. PUBLIC COMMENT
Tarek Maalouf, 212 Broadmoor, addressed litigation between the City and the Chamber of Commerce using a
football analogy. He said he felt some involved could be personally and financially injured, but that the only true
losers in the situation would be the citizens, who would have to suffer through the loss of economic development in a
town that cannot get along.
Robert Vann, 2108 Avenue O, addressed the agenda item related to traffic on Avenue O. Vann said he was a 20-
year resident on Avenue, and that he bought his home with the knowledge that the avenue was a through-street. He
said there had always been traffic on Avenue O, but he recommended that local organizations utilize other
thoroughfares to travel within the City. He also recommended the use of grant funds to install a sidewalk on Avenue
O. He also suggested putting a Huntsville Police Department patrol car on Avenue O to lessen traffic after bar
closures. Vann also discussed stop signs, and said that the City did not have the right to restrict the use of Avenue O
for everyday citizens.
Vann also provided Council a supplemental handout, attached as Exhibit A.
Bill Elmer, 1016 Elkins Lake, said he did not see Council as the source of Huntsville’s problems, and that he
appreciated the work the Council had done for the last two years, especially the candidate incumbents.
Jake Fuqua, 2010 Avenue O, also addressed traffic on Avenue O, and he thanked Council member Mac Woodward
and City Planner Aron Kulhavy for their work on the avenue. He sited a meeting of Avenue O residents at
Woodward’s home, where the group agreed that a solution to traffic concerns on the avenue would be to make one
block a one-way street. Fuqua said the goal of the change was to improve quality of life for avenue residents.
5. PUBLIC HEARING
a. City Council will hold a public hearing to receive citizen input regarding the Fiscal Year 2010-2011 Annual
Budget. [Winston Duke, Finance Director]
The public hearing began and ended at 6:14pm. No one chose to provide input.
6. 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.)
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a. Approve the minutes of the City Council meeting held on the 7 of September 2010. [Lee
Woodward, City Secretary] p. 1-9
b. Authorize the City Manager to apply for and accept, if awarded, the Texas Parks and Wildlife
COOP grant for programs to involve the public in nature. [Dr. Sherry McKibben, Community
Development Specialist] p. 10
c. Authorize the City Manager to apply for, accept if awarded, and implement the TxDOT Aviation
Routine Airport Maintenance Grant. [Dr. Sherry McKibben, Community Development Specialist]
p. 11
d. Approve payment to Dell for annual Microsoft licensing and software assurance in an amount
not to exceed $53,000. [Chris Vasquez, IT Manager] p. 12-13
e. Authorize the City Manager to apply for, accept if awarded, and implement the H-GAC Downtown
Public Spaces Improvements Program, for additional lights in Main Street area. [Dr. Sherry
McKibben, Community Development Specialist] p. 15
f. Authorize the City Manager to apply for, accept, and implement if awarded the Texas Capital
Fund Main Street Improvement Grant, to continue sidewalk improvements begun on University
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Avenue at 13 Street, and approve Resolution 2010-34 for same. [Dr. Sherry McKibben,
Community Development Specialist] p. 16-17
g. Approve the computer replacement schedule at a cost not to exceed $52,200 from non-capital
equipment and $40,000 from capital equipment, to be funded from budgeted funds for FY10-11.
[Chris Vasquez, IT Manager] p. 18-20
h. Authorize the City Manager to apply for, accept if awarded, and implement the Texas Department
of Rural Affairs (TDRA) Community Development Block Grant (CDBG) program for a 24” water
line from Palm Street to Old Phelps Road, and approve Resolution 2010-35 for same. [Dr. Sherry
McKibben, Community Development Specialist] p. 21-22
Councilmember Forbus made a motion to approve the Consent Agenda. Councilmember Templeton seconded
the motion.
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Templeton addressed the minutes from the September 7 meeting. She asked for clarification on the format of
the 2010-11 budget year, and asked for grammatical correctness on an item related to casings on Highway 19.
She also addressed Item 6c, the TxDOT Aviation Routine Airport Maintenance Grant, and asked for clarification
on the matching requirements for a grant listed. Baine clarified that the grant included a 50/50 matching
requirement.
Dr. Sherry McKibben addressed Council, stating that the grant was a 50/50 match, meaning whatever money the
City provided would be matched by TxDOT. With the grant, McKibben said the City would get $100,000 worth of
work done for a $50,000 investment.
Forbus addressed items 6g and 6h, and asked Vasquez what would be done with the computers replaced for FY
10-11. Vasquez said some stayed in-house for emergency use while others went to auction, and Forbus
suggested donating some of the computers for use at the 911 Communication Center.
Regarding Item 6h, Forbus asked McKibben if the repairs would be made whether or not the grant was received.
McKibben said the project was a modified CIP planned for a later date, and Forbus said receiving the grant was a
good way to get work planned for the City completed without spending as much City funding.
Templeton asked which fiscal year the CIP project was originally planned for, and Kulhavy said it was planned for
FY 2014-15.
Councilmember Zender asked McKibben about Item 6e, specifically where the lights would be placed. McKibben
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and Mayor Turner said the lights would be placed between 10 Street and 11th Street on University Avenue.
Zender also asked about Item 6f, sidewalk improvements. McKibben said the project would finish out the area
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between University and 13 and then turn the corner. Templeton asked if the sidewalks would be safe during
future Town Creek construction, and McKibben said the improvements tied into those plans.
Council member Wagamon said he thought streetlights around the Courthouse would be a good addition to the
area as electrical work for street lights had already been stubbed out by the County.
The motion passed unanimously.
7. STATUTORY AGENDA
a. Presentation, discussion and possible action on Ordinance 2010-46, adopting the Fiscal Year 2010-
2011 Annual Budget. [Winston Duke, Director of Finance]
Councilmember Woodward made a motion to approve. Councilmember Zender seconded the motion.
Councilmember Woodward said he wanted to thank everyone for their hard work on the budget during a very
difficult year. He said he knew it would be a hard year to manage the budget, and he wanted to make it clear from
his standpoint as a Finance Committee member that he was always concerned about reserves and hopefully
those reserves would not be depleted too much.
Forbus asked about the alcoholic beverage license fees listed in the Fee Schedule, saying he thought they
seemed somewhat low. Mayor Turner indicated that he thought the fees were set by the state, and Baine said he
did not recall. Woodward said the charges listed were only the City’s charges, not the State’s charges which were
significantly higher. Templeton said she remembered raising the fees quite a bit and that there were maximum
fees in place that the City had not yet reached.
Wagamon called attention to the $3 million library project and the vote by the public which would allow for tax
increases to cover the necessary bonds. He said, however, that due to the work of Baine, Duke and the City staff,
that the expanded library was going to become a reality without the tax increase, and he said that was a
wonderful, absolutely fabulous job on their part.
Mayor Turner reiterated thanks to everyone involved, both City staff and City Council.
The motion passed unanimously.
b. Presentation, discussion and possible action on Ordinance 2010-47, adopting the Fiscal Year 2010-
2011 tax rates. [Winston Duke, Director of Finance]
Councilmember Zender made a motion to approve. Councilmember Ray seconded the motion.
Mayor Turner said Council member Wagamon’s comments related to the budget were also pertinent to the tax
rate, that hard action had been taken to keep tax rates the same, and that the tax rate being passed was the
same as last year because of that work.
Wagamon cited the work that all the department heads had done, including professional grant writer Dr.
McKibben. He said Baine and McKibben were doing a bang-up job, as well as Carol Reed, Public Utilities
Director, who he also said was doing a great job after having budget cuts the previous year.
The motion passed unanimously.
c. Presentation, discussion and possible action to approve expansion of curbside recycling in FY10-11
to Areas 2 & 3, and approve implementation of one garbage and one recycling pickup per week for
participating areas. [Councilmember Ray]
(Due to clerical error, Item 8b from the Mayor/City Council and City Manager/ City Attorney Report was
addressed out of order.)
Councilmember Ray said this was a very good day for Huntsville. While he did not want to take credit from Reed
and the Solid Waste Department, he said the events leading to the recycling program started when he presented
a Green Growth Package to Council in 2009, and a pilot program emerged. Ray said the results were less costly
than anyone imagined, that the work of McKibben to find grants to assist the program helped significantly, and
that the rate of success was very high. He concluded that it was initiatives like the recycling program, improving
Highway 19 and encouraging local development that improved quality of life in Huntsville. He said the City was
ready to go Citywide starting with two more areas, and Baine and Reed had heard citizen complaints and
additional pickups were being added.
Councilmember Ray made a motion to approve. Councilmember Forbus seconded the motion.
Reed said the success of the curbside recycling program was due to Baine and Reed’s staff. Reed presented a
slide show outlining the history of the recycling program and the areas to which the program would be expanding
to over the next several years. It is attached as Exhibit B.
Woodward requested a financial update on what the program costs as far as gas, fuel, people and other elements
at some point in October, and Reed said those figures were tracked regularly.
Council member Barrett asked when the twice-a-week pick-ups would resume at Elkins Lake, and Reed
answered that they would be implemented at the beginning of October.
Zender said the recycling program was something she was thrilled about and represented a great partnership
with the Texas Department of Criminal Justice.
Ray said Reed and her department had done an outstanding job, and cited recycling success stories. He also
asked about landfill savings and money for sold recyclables, and Reed said the offset existed but was not
included in the budget yet. She said as the program continued citywide, and it was clear that those revenues
were able to be directed back into the recycling program, that those figures would appear. Ray said the point was
that there were savings that were not reflected in the presentation.
Baine commended the people of Huntsville who participated in recycling. He also said the goal in the recycling
pilot was to make the initiative cost as little as possible, which meant a lot of work on the part of the staff. He also
said Reed was to be commended for her work.
Mayor Turner said he felt Baine and the City staff had done a great job on the recycling program, and the
extraordinary participation rates reflected the extraordinary community. Forbus said the residents of Elkins Lake
appreciated being included in the process with meetings and other items.
Dr. Cole asked about the number of vendors recyclables were sold to, and Reed said that number was
increasing.
The motion passed unanimously.
d. Presentation, discussion and possible action to approve the server virtualization project at a cost not
to exceed $49,600 from capital equipment, and $13,100 from software licenses, as in the FY10-11
budget. [Chris Vasquez, IT Manager]
Councilmember Forbus made a motion to approve. Councilmember Cole seconded the motion.
With no discussion, the motion passed unanimously.
e. Presentation, discussion and possible action to traffic concerns relating to Avenue O between 19th
Street and 22nd Street. [Councilmember Woodward]
Councilmember Woodward discussed the history of Avenue O discussions, including a Town Hall meeting and
several citizen contributions.
Woodward cited a memo from Baine (attached as Exhibit C) which stated that he would not support the project as
it did not meet the level of traffic that would constitute an actionable concern.
Woodward said though the volume on Avenue O had not increased, it was still greater than that of surrounding
streets, and that fact was something to consider when discussing the safety of the avenues. Woodward said not
everyone agreed on what needed to be done, but after significant input, there was a possibility of alleviating traffic
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on Avenue O by making a portion of the avenue (between 19 and 20 Streets) a one-way street going north.
Woodward said he was not recommending a permanent change, but to implement a one-way street going north
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from 19 Street to 20 Street for a 90-day period, study the results and get input following the 90-day period.
Councilmember Ray said he would second the motion in order to discuss it.
Woodward said he thought there was a transportation problem in the avenues that needed work, and that it was
important to protect the avenues as they are a historic aspect of the community.
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Forbus said if southbound traffic were stopped at 19 Street, his concern was that traffic trying to get south would
cause people to veer over to Avenue S, acerbating the traffic problem on that avenue.
Templeton, who stated that she lived on Avenue O, said she knew the street was busy when she moved there,
and that it always had been. She said she feared making the decision as she was not an engineer or planner, and
that it was important to let the engineering and planning staff conduct their studies and do their jobs according to
those studies.
Cole agreed, saying anytime a basic change is made on a busy road, someone is going to get hurt, and he
foresaw wrecks and problems that had not happened before.
Ray asked when the four-way stops in that area went in, and Kulhavy answered that the one at Avenue O and
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21 were installed in early 2010, while the one at 20 had been installed within the last decade. Ray also asked
about speed bumps, reading that they were suggested but not recommended due to the lack of a speeding issue.
Ray asked about speeding studies, and Kulhavy explained how the figures were recorded with speed counters.
Ray asked if staff felt there was a speeding issue in the area, and Kulhavy said no.
Ray asked HPD Chief Kevin Lunsford about the possibility of assigning a patrol car to the area, and Lunsford said
it was very possible to get a patrol car to the area. Ray asked if there was a mass exodus of traffic to Avenue O
following bar closures, and Lunsford said he was not aware of one but a study had not been completed.
Wagamon mentioned several other measures related to streets which were started when a petition showing the
names of every house on the streets in question were included. He cited Normal Park and Smith Hill as two
examples of 100 percent participation and support for street changes.
He said such participation was not a requirement, but served as unequivocal evidence that a change was
needed, while seeing only a few people begged the question of what other residents felt.
Wagamon said he would like, if it pleased the Council, to hear additional citizen input on the item.
Dr. Barrett said he was concerned about the need to preserve the character of the avenues in light of the road
changes on the interstate. He said it needed to be clear which streets were going to be used as main connectors
between Sam Houston Avenue and the feeder road, and issues on Avenue S needed to be addressed. He also
expressed concern about how diverting traffic to other avenues would affect residents of those areas.
Barrett said he would like to have a real workshop to discuss traffic in the avenues and find a solution citizens and
the Council could feel good about.
Woodward said there had been more participation than just a couple of residents on Avenue O.
Forbus said he agreed with Barrett, and that maybe a workshop would provide a way to come up with ideas to
adjust the entirety of the avenues rather than just solving one segment. Zender also agreed with Barrett,
advocating looking at the situation from a holistic perspective. She also said she felt the speed issue had been
addressed by adding additional stop signs, but those changes had not affected travel patterns and she could not
support such a change.
Cole asked about the possibility of enforcing 20 mph speed zones in order to lessen street usage, and Kulhavy
said it had been researched but was not determined to be feasible. Zender asked if there were any other
alternatives, and Kulhavy said they had been over speed bumps, closing off streets, one-ways and other
alternatives, but staff believed there was not significant enough traffic volume to require anything else at this time.
Forbus asked what the actual problem on Avenue O was, and Kulhavy said there was a greater amount of traffic
than on nearby avenues. Forbus asked if there had been a significant amount of accidents, and Kulhavy said no.
Councilmember Barrett made a motion to table the item in order to have a workshop on the subject.
Councilmember Forbus seconded the motion.
The motion passed with a 7-2 vote with Woodward and Templeton voting against.
8. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion and possible action to approve Ordinance 2010-45, to formally create the
Veterans Affairs Advisory Committee, 2nd reading. [Mayor Turner]
Mayor Turner addressed Ordinance 2010-45 and said the ordinance needed to be codified.
Mayor Turner moved to adopt the ordinance, and Councilmember Ray seconded the motion.
The motion passed unanimously.
b. Review of Conflict of Interest laws and procedures. [Leonard Schneider, City Attorney]
Schneider said many cities made the decision to review their Conflict of Interest laws and procedures.
Schneider said the City Charter states, if a Council member fails to file a conflict of interest affidavit and is later
determined or perceived to have a conflict of interest, then their vote counts as a negative vote.
Section 14.09 of the Charter also states that a Council member may not have a personal interest in the matter.
Further, Section 5.3 of the Rules and Procedures state that a Council person with a personal interest in an item
must file an affidavit, then during the discussion of the item must step down from the dais and take a seat in the
audience. Schneider said the whole purpose of this was to remove any negative perception of someone sitting at
the dais but not participating in the discussion.
The summarization provided by Schneider is attached as Exhibit D.
c. City Manager’s Report
1. Plasma arc update
Baine said there was an Air Force plant opening in October which would soon after provide tours. He said he
had yet gone to visit a plant, and he wanted to see the plant operation before moving forward.
2. Pepsi Refresh challenge
Mr. Baine encouraged the public to vote twice a day (online and by text), and he thanked the public for their
participation.
3. Spring Lake Water Filter
Baine said Reed had recently received permanent TCEQ approval for the filter.
4. Vacant home sites
Baine said he had been trying to purchase vacant home sites at a reduced price and would accept
donations.
9. PUBLIC COMMENT
John Cromer spoke against the traffic changes suggested for Avenue O, saying it was one of the dumbest ideas he
had ever heard.
Councilmember Woodward said he put the item on the agenda because citizens had expressed concern to him.
Woodward said he would like to see the information available to justify the recent installations near Councilmember
Wagamon’s place of business.
10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
11. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City
staff for which no action will be discussed or taken.)
There were no items of community interest.
12. 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, the City of Huntsville vs. Huntsville/Walker-County Chamber of Commerce.
[Leonard Schneider, City Attorney]
The Council adjourned at 7:37 p.m., to reconvene in Executive Session.
13. RECONVENE
a. Take action, if necessary, on item addressed during Executive Session.
The Council reconvened at approximately 8:10 p.m.
Councilmember Ray made a motion to set a special council session for September 21 and September 28 to
facilitate and leave open the possibility of settlement negotiations without having to call an emergency session,
and Mayor Turner seconded the motion.
The motion passed unanimously.
14. ADJOURNMENT
The meeting was adjourned at 8:11 p.m.
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Kristin Edwards, Deputy City Secretary