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Minutes - 01/18/2011Agenda item_ - �- MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING FIELD ON THE iSTH DAY OF JANUARY 2011, 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. Tumor, Tom Cole, Mac Woodward, Jack Wagamon. Wayne Barrett James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Biq Balne, City Manager, Leonard Schneider. City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION (5 :OOPM) The City Council will hold Its annual meeting with the Planning and Zoning Commission. (Phis item was cancelled and will be held on February 1, 2011.) REGULAR SESSION* EL- WPIIt] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:00pm: 2 PLEDGES OF ALLEGIANCE AND INVOCATION Counclimember Barrett gave the Invocation. 3. PROCLAMATIONS AND PRESENTA11ONS - t == ' ` • 9 4. PUBLIC COMMENT Josh Starkey spoke In opposition to Ordinance 2011 -18, saying W signs should be reserved for freeway businesses only. ; John Cromer thanked Counclimember Fitch for remft the tobacco portion from Ordinance 2011 -1 g; and expressed concern about banning other items Included in the Ordinance, saying it was scary for government to ban things when there was a legal procedure , already. i a Mrs. Bane and students Lauren Thyler and Brittany Vargas presented ir>formation in opposition to taxiing while driutn91 and suggested 9 the Council consider a ban on this activity. d 5. CONSENT AGENDA (Approval of Consent Agenda autharfzes the C dy Manager to Implement each Item In accordance with staff recommendations. An item may be removed from the ConsentAgenda and added to the StatutouyAgends for full dismxsfarr by request of a member of CounclL) a. Approve the minutes of the City Council meeting held on the Vh of January 2011. [Lee Woodward, City. Secretary] (p. 3-8) b. Presenladon, dtecuss►on, and possibto action to approve Ordinance 20,1145, amending speed zones on State Highway 75 In the City of Huntsville, 2'm reading. '[Aron Kulhavy, Director of Public Works] (p. 1(1,16) a Authorize the City Manager to apply for, accept 9 awarded, and implement the Texas Parke and Wildlife Coop grant. [Dr. Sherry McKibben, Community Development Specialist] (p. 17 - -18) d. Authorize the City Manager to award contract to Legacy Builders, in the amount of $128,857.00, for the design and construction of a maul building to be used for staging recycling materials at the City of Huntsville Transfer Station. [Dr. Sherry McKibben, Community Development Specialist] (p. 19-20) e. Authorize the City Manager to approve the 2011 Tax Increment Reinvestment Zone (MM hrterlocal Agreement with Walker County. [Winton Dulm, Finance Director] (p. 21-31) L Authorize the City Manager to enter Into an agreement with the Texas Department of Housing and Community Affairs to participate In the HOME Investment Partnership Program Reservation System. [Dr. Sherry McKibben, Community Development Specialist] Co unclmpmber Barrett made a motion to aoonrve the Consent Agenda. and CouncUmember Fitch seconded Counciimember Wagamon asked to pull item e. Counclimember Woodward pulled item d. The motion passed unanimousiv for items a. b c. and f Counclmember Woodward said the engineering amount of $21,000 seemed high to him. Dr. Sherry McKibben, Community Development Specialist, said the award for Legacy was $105, 332, and the engineering fees were $21,000 of that amount. She said the engineering fees included the surveying and the geptachnioal fees, the engineer fees of $1,000, and $6,000 for the structural engineer. She said the buildtng would be registered ADA cornpllant with the state. Ed Shackelford, engineer with Jones & Carter. Inc., said this would be a municipal building, but would not generally be opens to the public. Counclimember Woodward made a motion to gtnprove item d Councllmember Olson seconds "ihe- notion oassed unantmousty. Councflmember Wagamon said he was disturbed that item a was on the Consent Agenda, and that it was not proper, as the ftern had a volatile history. He said the agreement the County had as part of this was "self- Immolating," in that the County would be released from the contract if the developer did not meet requirements, and that both of these occurred. He said that In the midst of this, there were other issues that downgraded the project to about one -abdh of what was originally promised, although the City Council had tried to hold the developer responsible for what had been in the contract. Councilmember Wagamon said the County than told the City it did not have the right to hold the developer accountable without clearing it with the County, and that was supported by the District Attomey, even though the Interlocal agreement was clearly not in force at this time, In Councilmember Wagamon's opinion. He said his problem was that there was not a good history on this issue, and that it was a good idea not to do this. He reminded the Council that City residents were also residents of the County. He said that the only reason he could see for the County to actively seek to pay County tax money to the developer, when not required, was that there must be some corruption of Just wanting to aid local Investors who would benefit Councilmember Wagamon said signing this again would obligate the City to have to go to Commissioner's Court for permission to hold the developer to the contract The Mayor said it was bmportart to remember that the area of the TiRZ had been radically modified, originally being envisioned as quite a bit larger, with the prospect of more tax income. He said the interlocal agreement would only cover the now sixty (60) acres being developed, and would reimburse money spent on infrastructure. He said the owner of the property would likely never recoup their investment, and that he would support the agreement for this reason. Counclimember Fitch asked the City Manager about discussion with the Commissioner's Court Mr. Balne said there were several perspectives here, and that several drafts of this Interlocal had been prepared and revised. Mr. Balne said the County Judge said he felt an obligation to honor the County's agreement, and they didn't believe they had a legal way to repay the developer without renewing the Interlocal agreement Councpmember Cole asked about the school board, the Mayor said there was no obligation. Councilmember Barrett asked how the City was being harmed by the current state of affairs and how the agreement remedied that The Mayor said he did not believe the City was, so Councilmember Barrett asked what was being fixed. The Mayor said the crux of the matter was that the County felt they could not legally repay their obligation without this vehicle. Counclimember Woodward said the TIRZ was a City creation and entity, that the County could only paiticipate in conjunction with 10 this agreement, and that he saw nothing wrong with it Councbmember Olson confirmed the City was a medium to help the County with their obligations. Mr. Schneider explained the concept of a TIRZ, said the County's Interpretation was correct, and defined the Interlocal as a `pretty generic" agreement Mr. Schneider said the contract does allow the County to have the same numbers of members on the Board and to approve amendments to the Project Finance Plan, and that the City alone could change the elze of the TIRZ. Councilmember Johnson said it seemed to him they were discussing whether, without any obligation to the City, they would enable the County to' fulfill an obligation they made, and that this issue seemed very simple to him. Counclimember Wagamon said the County had no legal obligation to pay the developer at alt. Mr. Schneider he understood that the County had not previously been obligated, but the proposed Interlocal would enable the County to pay from August 16, 2010 forward. Mr. Schneider said he himself did not believe the County had an obligation, but that he could not speak for the County. Councilmember Wagamon said it was incumbent upon the Commissioner's Court to improve the relationship with the City, and that the City's finances would get tangled up with the County if this agreement were signed. He further said that signing the agreement would cause City residents to pay the developer additionally through County taxes. Counclimember Wagamon said the City would be giving leverage to another governmental entity, causing a greater danger for the City in the future, and said the City had been good partners to the County although the reverse was not true. Cou — drnember Cole made a motion to amend the Interiocal aurreiemant to add as the last sentence that it only be aooroved unon daskmatlorof the investors In the Ravenwood orofact Co_un imembet Wacarnon seconded. Counclimember Cole said they had a right to know to whom City money would be paid. Counclimember Woodward said he had been hearing these accusations for a couple of years, and that the owner of Property Commerce had said there were no local owners. Councilmember Wagamon said there were layers of limited Wity companies, saying developers had called him before this was even a project and told him the project would work this way and enable local owners to buy in. Councllmember Wagamon saki the Council had never had it In writing that there was no one on any of the City's advisory boards, City Council, school board, Commissioner's Court, etc„ who had ownership. Counclimember Ohm asked what any of this had to do with facilitating what the County wanted to do. He said he, or anyone, could buy Into Ravenwood tomorrow, but that it had nothing to do with this. He said he understood-how Councilmember Wagamon 1e14 but that it had no bearing, and the Council had to look at what it had today. Counclimember Barrett referred to Section Ill, Item E (page 6) in the Interlocal agreement, and said it appeared to be defining the 11RZ Board, and wanted to be sure this did not obligate or restrict the City in any new way, nor affect its standing in regard to other participants. He also asked fi there was a TIRZ Board now, as one could not be M and out, that there was a full complement of entities at the last meeting of the Board that existed by virtue of the iaterlocai agreement, and all present voted. He said he waa trying to understand that if the County felt itself separated and needed the new agreement, how it was that the TIRZ Board met Mr. Schneider said there were several main differences in the new tnterlocal agreement In that the County would be obligated to the new size of the T1RZ, the new agreement was effective from August 16, 2010, that the City -had the ability to reduce or expand the TIRZ at any time and the County could disagree and choose not to participate, that If the City amended the Project Plan the County could oppose it and find their contractual obligations. He said he did have a concern that the County had the same number of Board members as the City, but had been•told It was non- negotiable. The Mayor said he understood Counciimember Wagamon's concern about the ownership. He recalled the MI.K Day events, and the comment °hate can never replace hate saying that he would also support extending an olive branch to the County. Councilmember Wagamon pointed out his displeasure that Councilmembers were accusing each other of being bitter or having hate, that he was elected to represent the citizens, and that ff he felt he was acting in their best Interest, he was going to pursue it l The amendment failed, Counciimembers Colo Waoamon Barrett and the Mayor voting to support ti. Councltmembers Woodward Fitch, Montoomerv. Johnson. and Olson voting against nst. Councilmember Woodward asked Finance Director Winston Duke about TiRZ bonds, and was told no bonds had been issued. Other than property owners and taxpayers within the TIRZ, Councilmember Woodward asked how many tax dollars from citizens would be paid during the life of the 11R7, clarifying that his understanding was it would only be money captured and paid back Into the TIRZ, not tax dollars from any citizens. Mr. Duke confirmed his understanding, that only tax dollars captured by increase In value created within the 11RZ would be reimbursed. Counoilmember Wagamon said- he and Councilmember Woodward had a philosophical disagreemerd on this Issue, saying that other businesses shouldered their burden and did not got their tax dollars paid back. He said he could appreciate Councilmember Woodward's argument, but wanted to present a counter argument Mr. Duke confirmed for him that the County paid back one -half of the taxes they coped, and the City paid 1000/6 of the increase In the TIRZ, up to the cap. Coundlmember Wagamon said the City was paying more, even before discussing that City taxpayers were also County taxpayers, yet the County had equal numbers of members on the Board. Mr. Schneider said he was told by the City that the member numbers were non - negotiable on the County's behalf, not by the County itself. Mr. Same said he didn't stall it being a big issue, and that It had seemed reasonable to him. He said his recp1lecilon was that the Council wanted the TIRZ to be successful at the time its size was reduced. He said it was a basic decision whether or not the City wanted to facilitate the County paying what it had signed up for. He said he didn't recall the number of board members being °non- negotiable,' although it could have been. Councilmember Wagamon said that the City could ask for more representation, and asked for feedback from Council. The Mayor said he belleved the County rate was one-half of the County tax rate of roughly $0.59, which was higher than the City's, so riot an exact comparison, making it about three- fourths of the amount. He said that the Council was not precluded from amending the interlocal, but neither was the County, and this had been going on for at least a year. Councilmernber Wammon made a motion to amend the agreement so the Board be made of four C, ity renresentalives and two from the County Counciimember Cole seconded the motion. Councilmember Olson reminded the Council that the Board's decisions would still come back to Council, regardless of the breakdown of representation. Cgundimember Olson made a motion to close the debate The Mayor asked if he would permit Councilmember Montgomery to speak first, and Councilmember Olson agreed. Councilmember Montgomery reconfirmed her understanding, that the TiRZ and repayment were to cover infrastructure improvements, also saying she understood Counciimarnber Wagamon's concerns, and Councilmember Oison's point about Council approval. She said she felt Councilmember Wagamon had a point about City residents also being taxed as. County residents. Councilmember Fitch said he felt the best scenario would be to have a couple of Councllmembers and Commissioners sit down and work somethirm out He made a motion to table the initial motion and the amendment for tyro weeks Co cilrn (members The motion passed unanimously, Councilmember Woodward requested that Mr. Schneider explain what rights the TIRZ Board has when this item came back. Mr. Schneider said the Board was only advisory, that the City or County could reject their suggestions for the Project Plan, and that the City controlled the size of the TIRZ, although the County could choose not to participate. Councilmember Barrett confirmed that cities could delegate their governance of the TIRZ to the TIRZ Board with the exception of changing the Project Plan, saying the potential exists to Invest a TIRZ Board with a good deal of autorlomy, and that the Council should be aware of this. The Mayor proposed that the delegation Include the Mayor. Coundimember Barrett, and Counc limember Fitch as the ad hod committee. The Mmmr asked the Council's endorsement nominating this as the committee Councilmembers Wagamon and Montgomery seconded the motion. The motion passed unanimous, S. STATUTORY AGENDA a. Presentation, discussion, and possible sotfon to reconsider prior approval of the minutes of the City Council meeting held on the 14th of December 2010. [Lae Woodward, City Secretary] Counciimember Woo dward made a motion 12 a rove. which was seconded by Councilmember Olson. Councilmember Woodward said the minutes had been previously approved, but that a page had been missing In some of the packets received by the Counciimembers and that this was a cleanup item. b. Presentation, discussion, and possible action to approve Ordinance 2011 -16, aarthorking perticfpatfon wfth other Eneergy service am cities In matters concerning Eneergy Texas, Inc. before the Public Utility Commission and the Federal Energy Regulatory Commission In 2011, 2nd reading. [Leonard Schneider, City Attorney] Counclimember Fitch made a motion to awrove, which was seconded by Counclimember Montooment. The motion passed unanimously. c. Presentation and discussion of proposed revisions to Rules of Procedure. [Lee Woodward, City Secretary] The Mayor said Interested parties could contact him, Councilmember Woodward, or Councilmember Olson. Counciimember Woodward said these items were not recommendations, but had been identified as Items to be discussed or have further review. He said the City Attorney and City Secretary had been asked to review the items for compliance. d. Presentation, discussion, and possible action to approve Ordinance 2011 -18 to amend the Development Code, Chapter 11, Sign Standards, regarding Section 1104.6. Height Limitations and Measurements, 2nd reading. [Aron Kuihavy, Director of Public Works] Councilmember Barrett made a motion to approve. which was seconded by Counclimember Johnson. Councilmember Fitch said two boards had looked at this and both had turned it down. He said the City had the advisory boards for a reason, and asked what the Council was saying to them If not considering their recommendations. _ Counclimember Montgomery said she didn't like this being an ail or nothing option, that she understood the need for hotels and restaurants to be able to attract traffic from the interstate, and the importance of hoteiimotel taxes, but was concerned by giving carte blanche for eleven miles of signage. She also said that, as a new Council, there had not been an opportunity to go over a total vision for the city, and hesitated to sign something that could cause regret later. Councilmember Barrett said there had been a P&Z workshop scheduled for prior to the meeting, which had been cancelled because the City Attorney discovered the topic had not been identified well enough. He said he felt there was still a need for the Counclimember Woodward asked the Council be advised on how the number for the ordinance was chosen; asked to charge the Planning staff to look at development on Highway 30 as a corridor, and suggested looking at Highway 19 as another corridor. Counclimember Johnson recalled an email from a citizen in support of the motion, and another from a very cautious citizen, and suggested considering ramifications. He also asked about the pros and cons of, Instead of an ordinance, dealing with exceptions to the present ordinance. Mr. Bain recalled going through a similar issue to get a smaller sign for Holiday Inn Express, but wanted a sense from Council as to whether the Clay was going to support new local business. Counollmember Wagamon said the advisory boards were protection for the Development Code, that half of the issue was the rights of property owners to do what they wanted with their property, and the other was protecting the expectations of those who bought property. He said P&Z and the Board of Adjustments get the [developer's) perspective from the staff, so that when the boards object to something, it should not be taken lightly. Counclimember Wagamon related an experience from the last P&Z meeting, when the City Manager spoke extensively during the Public Comments section. He suggested the video be viewed, and said the City Manager was °way out of bounds Counclimember Johnson said he had attended most of the meeting, and said he recalled Councilmember Wagamon's statements as something different. He said that, from his point of view, the Issue was not as sinister as had been portrayed. Counclimember Montgomery said she was not "in love with° the 500 -foot stipulation, but that she was not wiping to make a change without discussion and discovery about the future of the City, and apposed carte blanche without proper prior planning. Counclimember Barrett said what might help him would be to •have more context by knowing which existing businesses were at different distances. The motion for continuance passed unanimously. 7. MAYORICITY COUNCIL AND C17Y MANAGER REPORT a. Presentation, discussion and possWe acdon to discuss water policy issues { Carol Read, Director of Public Utilities. said 2010 had been a very challenging year for the City's water wells. She said the Well i #17 repair was going well, and anticipated it would retum to its prior 1000 gallon per minute output (gpm) when the repair was complete, hoping it would be completed within the month, at just over $200,000. Ms. Reed said Well #14 was being prepared to be j plugged and abandoned, and the City was In negotiations for a new well site, with an eye to prior City well sites with some Infrastructure avaltable. Ms. Read said Well #13 was drilled In 1959, and had a current production of 700gpm. She said Well #15 on Boettcher Drive was I� drilled In 1961, and was currently producing 900gpm. She said it was relined to the last few yam, and had no other Issues. # I She said Well #18 was drilled in 1968, was currently producing at 1000gpm, had been relined In the last few years, and that the j well test performed Iasi August Indicated everything was operating well. Ms. Read discussed the Spring Lake system of Walls #19 and #20, saying the new filter system there was approved by the Texas Commission on Environmental Quality (TCEQ) last year. She said complaints about brown water had decreased significantly, at a production of 900gpm each. For the tank update, Ms. Reed said an annual Inspection had been done last December, and that they were In pretty good shape. She said the 2 million elevated at Palm Street was only 26 years old and in good condition. She said the elevated half million tank there was approximately 71 years old and showing some signs of aging. She said they would need to anticipate budgeting $300,000-400,000 M the next fire years to rehabilitate It Ms. Reed said the ground tanks at Palm Street were to good shape. She said the ground tank #4 at Spring Creek had some Issues with the interior coating and would probably need to budget about $150,000 in the next three years for this. She concluded with the pressure tank at Spring take, saying it was just four years old and In good condition. She said she had the tank report and summary, and the Mayor asked she submit a copy to the City Secretary"s office for reference. j b. Annual update from Finance Committee. [Counclimember Woodward] Councilmember Woodward welcomed Counc limembers Wagamon and Olson to the Committee. He said the Committee generally reviewed budget adjustments presented by the Finance Department and make recommendations to Council. He said they tried to look at various items such as purchasing policy, sales tax revenue, court revenues, etc. Counclimember Woodward said he expected this to be a challenging year, and that he was excited about the Committee having a first took at the new rate study, describing It as a three pronged attack and mating some adjustments. He said they were sensitive to those paying the fees, and • would be part of the vision for the City. c. Presentation, discussion, and possible action to approve Ordinance 2011 -18, to amend the Huntsville Code of Ordinances, Chapter 22 "Heattli and Sanitation" by adding a new Article IV to be entitled "Illegal Smoking Products and illegal Smoking Paraphernalia" and appropriate subsections to help promote the health, safety, and Welfare N its residents., [Counclimember Fitch] Councihnember Fitch referred to a YouTube video about salvla smokers, saying the packaging of these types of products includes the fact that they are not Intended for human consumption. He said his greatest concern was toxicity, that there was a Federal ban on the products, and the State of Texas was reviewing something also. Councilmember Fitch Section 22131, Section B said he was fine taking out the word "tobacco," where it referenced labeling, so that there was no misunderstanding. He said the ordinance was basically written in line with state law In regard to the vessels used to consume these products, saying that residue of the product in these vessels then made the objects themselves Illegal. Councilmember Fitch thanked Chief Lunsford for his work and support on this Issue. Counciimernber Montgomery confirmed it was legal to buy the vessel bated although they were not used for Illegal purposes. Mr. Schneider said this was a good distinction. Counclimember Woodward asked If this ordinance was enforceable in the City even though there was no State law against tt Mr. Schneider said It was his position that it affected the health, safety, and welfare of the residents of the City, and that the City had a vested Interest In prohibiftng It. He said state legislation would be coming up for discussion. Counclimember Olson said he understood Mr. Cromer's complaint, but preferred the City be proactive and not wait for the state. Counclimember Cole asked If anyone had died or been harmed locally, and advised the Council not to got Involved in this absent any Incidents provoking the need for this, as it could impact local businesses. He recalled the amount of information the Council had received on electromagnetic fields, but had never taken action on it, and recommended waiting for the state to take action. He said he was unfamiliar with a number of the items listed In the ordinance and would have to vote against until he studied them further. Counclimember Fitch said no one had died locally, but that there had been several calls resulting In hospitalization, and that the Council owed it to the Universtty students here. He said the University Is moving to ban it from residence halts, and the NCAA was concerned about its He said having one death from this would be "on" the Council. Councilmember Cote said it was controversial to ban things with a cause and effect relationship such as cigarettes and SUVa. He questioned where a body would stop once it started banning these things on a local level. d. Preaentatiorg discussion, and possible action on proposed Economic Development Policy and/or Procedures [Councfimember Barrett] Councilmen Barrett said he would like, within the next month to six weeks, that someone present to the Council a process for economic development, and that decisions should be made before the next budget cycle. He also encouraged the public to forward their viewpoints or their desire to participate. Councflmember Woodward said he wanted to ask the Mayor to appoint an ad hoc committee of Counciimembers, suggesting Counc ilmembers Johnson and Barrett, to discuss the local economy and business support In the community, and for the committee to review the Ciys studies and the Unfverslys Economic impact Study, and other demographic Information. He said he would tike them to be able to consult or bring In anyone else from the community, and report to the Council in no longer than forty -five days, with recommendations for the Council to support the community. Councilmember Olson said he understood there would be workshops for Council, and would like the research being compiled by the ad hoc committee to be reviewed at workshops. He also suggested Including Weatherford, the University, the County, and other local entities. Councilmember Montgomery said sbe was excited to we the Council move forward In this arena, enlisting the energy and talent in the community. The Mayor nominated an Economic Development Study Committee to Include the Mayor, the City Manager. and Councilmembers Johnson and Barrett. Councilmember Olson seconded the motion. The Mayor led the assembly In singing "Happy Birthday" to Hattye Owens. e. City Manager's Report 1. Update on Development Code Aron Kulhavy, Director of Public Works, said there had been some progress, and the project was now In the hands of staff. He said they had created a punch iist of approximately 100 items, and were hoping to establish focus groups. He said there were several ordinances to come before P&Z In the first quarter of the year, and hoped to bring design standard updates.to Council. Mr. Kuihavy said there had been more sidewalk construction, and Infrastructure maintenance has been shifted from the City to developers. He said development was strong in 2010, straining the staff, and leading to their biggest challenge of limited resources. He also said he could make the punch list available to Council. Counclimember Wagamon encouraged all Council members to get involved and team more about Planned Unit Developments (PUDs). Mr. Kuihavy defined PUDs as a kind use classification done by a development proposal to develop a piece of property, and Municipal Utility Districts (MUDs) as quasi - governmental body. Councilmember Woodward confirmed that PUDs did not Involve bonding, but were planning items. 2. Revising ordinance to iacflltd#e housing guide lines on lots procured on a reimbursement basis for housing. Mr. Balne said the City was getting money from the federal government to build affordable housing, and that the City ordinance was causing the sales to go out for bid and take the highest price. He said the City Attorney would be looking into ways to solve this. 3. Recent revenue and energy/property sales Mr. Bain said the City had sold 37 acres in a flood zone for about $78,000, had been selling electricity from their generators to Entergy for about $18,000, and, Including some other small items, had about $98,000 In additional revenue. He said sales tax was up about $202,000 year to date. 4. Future Public Hearing Gulf Coast Highway Coalition route Mr. Baine discussed the map for the proposed Phase 1 of 1-14, Involving a widening of Highway 190 and Highway 30, saying the City had been paying $10,000 a year for several years to ensure it would not be bypassed. He did express caution, saying it could take six to seven years, and said there would be a public hearing coming up by the state. & Children Recreation facilities- 4asuestopportunitfe Mr. Bain said he wanted to have a new ball field In 2012, and wanted to start on the design. He also said the restroom and concession stand at Kate Barr Boss Park should be replaced. He said there was a little money left from the build -out of the Aquatic Center, and would probably ask for a splash pad. S. Feedback from Hotel Matters Meeting Mr. Bain said the hoteliers met quarterly, and that he had asked them about what the City spent hotel occupancy taxes on. He said they agreed with Investing In the rodeo and trying the Latin music festival, and that State Park and University events helped, and that they were Interested In disc golf. 7. Dates for some selected events Mr. Baine referred to upcoming events such as the Tree Sate on February 5, Trash Bash on March 5, and a -Waste Day on April 2 He also mentioned the public hearing for Improvements to Highway 19 on February 15. 8. Rummy lights, In grant process Mr. Balne said the City was receiving $200,0100 for runway lights, $300,000 for engineering, and an additional $3 million granted In 2013, through TxDoT Aviaation Division, for airport improvements, and that there would be a ten percent match required. 8. PUBLIC COMMENT Steve DuFrane discussed the major disc goif event coming the weekend of April 7 -10, 2011, saying the tournament had been filled with 184 players. He said the tournament association had awarded them a 9-hole disc golf course to give away, and he would be discussing this with the Packs & Recreation Advisory Board. Maureen Samuels discussed the words spoken this evening on peacemaking, and the TIRZ °debacle." She reminded the Council that it might be history, but said local residents don't want one penny spent that did not need to be spent. Hattye Owens thanked the Council for their recognition of her. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no Inquiries. 10. ITEMS OF COMMUNITY INTEREST (Hear announcements conceming Items of communffy Interest from fire Meyer, Coundlrrrcmbers, and City staff for which no action will be discussed or taken.) a. Town Halt cosponsored by Ccuncllmembers Woodward and Wagamon, to be held January 27e at 8:30prn, at the Katy and E. Don Walker Education Center. Counclimember Wagamon encouraged public attendance, and Coundlmember Woodward said Carol Read would present some information on the recycling program. 11. EXECUTIVE SESSION a. City Council will convene In closed session as authorized by Texas Government Code, Chapter 551; Section 51.071 — consultation with counsel on legal matters including current and pending litigation, Including, but not limited to, the City of Huntsville v the Huntsviile/Watker- County Chamber of Commerce; and Altom v the City of Huntsville, and consultation with counsel on legal matters Including, but not limited to, the Walker County Special Utilities District. [Leonard Schneider, City Attorney] The Council adjourned Into Executive Session at 8:42p.m. 12. RECONVENE a. Take action, N needed, on items discussed In Executive Session. The Council reconvened at 10:23p.m. Regarding the Altom suit, Councllmember Olson asked Mr. Schneider if he could make a motion to amend the offer to the Council. He made a motfon to accept the monetary value and withhold the amendment until the Council came to a decision on the wording. 1Coundimember Johnson seconded tion, Mr. Schneider said the offer submitted was for $40,000, a [after of resignation to be dated retroactive to the date of termination to be placed in the employee file at City Hall, and an amended F5 form filet with the Texas Commission on Law Enforcement i Officers Standards and Education (T- CLEOSE), but said it was unclear as to what would be amended on It. Coundlmember Cole said It was hard to vote without knowing what the amendment on the F-5 would be. Mr. Schneider said, simply put, that If the motion passed, it would be a counteroffer. Coupolmember Cole made a motion to table until the attomevs worked out an exact rendering of the terns. Councilmernber, Wagamon seconded the motion. The motion passed. with Councitmembers Wagamon. Cote, Fitch. Montgomery. Barrett. and Woodward voting for the motion, the Mayor and Councfimemlers Johnson and Olson voting ausinst. 13. ADJOURNMENT ; The meeting adjour;adl m. PRESENTED TO COUNCIL. dward, __ .