Loading...
Minutes - 02/15/2011City Council Meetings of February 2011 Book "V" MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15e DAY OF FEBRUARY 2011, iN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSViIIE, COUNTY OF WALKER, TEXAS AT 5PM. 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. Will Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary REGULAR SESSION* [5:00PM] 1. CALL TO ORDER Mayor Turner called the meeting to order at 5:00pm. 2. PLEDGES OF ALLEGIANCE AND INVOCATION Councilmember Barrett gave the invocation. 3. PROCLAMATIONS AND PRESENTATIONS a. Proclamation In honor of local resident and Bataan Death March survivor, Sergeant Virgil LaRue, b. Proclamation to recognize Severe Weather Awareness Week c. City Manager Bill Balne recognized Jason January for his hard work on several grants. 4. PUBLIC HEARING a. Public Hearing to discuss proposed changes to the City's Hazard Mitigation Action Plan. [John Waldo] The Public Hearing opened at 511 pm. There were no public comments, and the hearing was concluded at 5.11 pm. 5. PUBLIC COMMENT Karl Davidson said he wanted to discuss items 8b and 8c, and the Executive Session on the Amended Agenda. He said he wondered why 8b was on the agenda, in light of the court's action thus far, and that he expected the suit would go away, following a summary judgment. Mr. Davidson addressed item 8c and said the funds the legal process had awarded the City were City assets and should not be given away. He asked if the City had to mediate, and if this was part of the appeal process. He also wanted to know specifics on the Dee Everett settlement. John Cromer addressed item 8c, saying the Chamber lost' and the City "Won." He said he wanted to know why the Council had spent more time in Executive Session than open session, discussing this item. He said the Chamber had still not apologized. Mr. Cromer said the Chamber had been judged in a court of law and urged the Council to let the community heal. Mr. Cromer then discussed the "embellishment issue with Was Altom," saying embellishment meant "Ile." He said that a City employee who lied to the Council deserved dismissal, and that it was even more inexcusable when it was a police officer. Jake Fuqua said he represented citizens living on Avenue O between 19th and 22nd Streets. Mr. Fuqua said they had brought the Issue before the Council before, that he recalled discussion was tabled, and that he was present to ask them to bring it up again. Kevin Edney Informed the public about Chase Seamans, a student at SHSU, who was trying out for the U.S. Winter Olympic Skeleton Team. [For more Information, see www.chaseskeleton2014.com.] Leon Gonzales, III said he was the Commissioner of the Huntsville Boys Baseball Association and spoke In support of item 61, saying he felt it would be of great benefit to the community. William Elmer spoke on the Executive Session item, saying it violated the Texas Constitution, as the suit had been settled In court, and "represented a free - wheeling portending takeover of the City government by a group of puppets" Mr. Elmer said he understood this item was on the agenda at Councilmember Johnson's request, and was therefore a violation of his oath of office. Brian Bennett introduced himself as the President of the Huntsville Girls Softball Association and spoke in support of item 61, characterizing the facilities for girls as "pitiful: He enumerated the potential benefits of improvements. Tim Herron spoke as the President of the Pop Warner Football League, and spoke in support of item 61, echoing many of the previous comments. 6. CONSENT AGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item In accordance with staff recommendatons. 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 meeting held on the i of February 2011. [Lee Woodward, City Secretary) b. Approve Ordinance 2011 -20, providing for changes to the Personnel Policies and Procedures Manual, 2 reading. [Winston Duke, Finance Director] c. Approve Ordinance 2011 -21, updates to the City Council Rules of Procedure, 2'w reading. [Mayor Turner, Councilmembers Woodward and Olson] d. Ratif9ication of Resolution 2011-05 for the Texas Parks and Wildlife Department grant, pursuant to January 18, 2011 authorization of the City Manager to apply for, accept If awarded, and Implement said grant [Dr. Sherry McKibben, City Council Meetings of February 2011 Book °W Community Development Specialist]_ e. Ratification of Resolution 2011 -06 pursuant to January 18, 2011 authorization of 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 MclDbben, Community Development Specialist] f. Approve Ordinance 2011 -22, amending the budget for FYI 0-11. [Winston Duke, Finance Director] g. Authorize the City Manager to approve a purchase to R.B. Everett & Cc In the amount of $80,334.00 for the purchase of asphalt distributor equipment and a purchase to Houston Freightliner/Sterling In the amount of $67,264.00 for the purchase of a truck cab. [Winston Duke, Finance Director] h. Authorize the City Manager to enter into a contract for the purchase of engraved and plain clay fired brick pavers for the patio entrance at the Huntsville Public Library. [Matt Lumpkins, Community Services Director] 1. Presentation, discussion and possible action to adopt Resolution 2011 -09, to authorize the City Manager to apply for, accept, and Implement, If awarded, the Texas Parks and Wildlife Outdoor Recreation Grant for Improvement to Kate Barr Ross Sport Fields. [Councllmembers Woodward and Olson and Dr. Sherry McKibben, Community Development Specialist] j. Authorize the City Manager to approve the construction contract for water and wastewater improvements for Huntsville State Park. [Aron Kulhavy, Director of Public Works] Councilmember Woodward made a motion to approve the Consent Agenda and Councilmember Barrett seconded. Councilmember Wagamon asked to pull item b. Councilmember Woodward asked about the Ubrary pavers, confirming contingency funds were being used to pay for the pavers, and that the sale of the pavers would generate revenue for the Building Fund for the Library. Councilmember Woodward also mentioned the Parks Grant, saying he had supported it, that it did require a match but that some of those funds were budgeted. Councilmember Montgomery asked to pull item i for individual consideration. The motion passed unanimously, for all items except b and 1. It was realized that Councilmember Wagamon had actually Intended to refer to item c, and so he curtailed his comments. Councilmember Wagamon made a motion to approve item b. Councilmember Cole seconded the motion. Councilmember Cole suggested the Manual eventually be updated to require a confirmatory serum alcohol test to prevent legal trouble later. The Mayor suggested it be brought up to the Personnel Committee. The motion passed unanimously. • Councilmember Montgomery said she saw the need for item 1. The City Manager said the fields were continually updated, but that there was a need, and that they were attempting to leverage budgeted funds intended for the FY2011 -12 budget. Councilmember Montgomery said that was her concern, that Mr. Bain was giving his recommendation. Mr. Bain said he would still be coming back to Council for projects N the grant were not successful. At 5.48om the Mayor suspended the meeting until 7.15pm The meeting was reconvened at 7.15pm Councilmember Montgomery said the City should be ready to fund a grant, if it was to receive it, and that she was previously seeking assurance from the City Manager that the City was ready. The Mayor recalled Mr. Baine had given that assurance. Councilmember Olson said he had reviewed the item and the budget, and was in support, as it seemed the money was available. Councilmember Woodward said these opportunities did not come along often, and were competitive. He also said the City would eventually have to do these eventually, and should take advantage of the grant opportunity. Councilmember Fitch made a motion to approve the item Councilmember Olson seconded the motion. Councilmember Fitch said he was familiar with Girls Softball, and said the City was lucky no Title IX suit had been filed. The motion passed unanimously. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2011 -18 to amend the Development Code, Chapter 11, Sign Standards, regarding Section 1104.5. Height UmMations and Measurements, 2nd reading. [ Counclimember Wayne Barrett] Councilmember Barrett made a motion to approve, which was seconded by Councilmember Johnson. Councilmember Barrett asked for a staff presentation. Aron Kulhavy, Director of Public Works, recapped the history of the Ordinance and the proposal before the Council. Mr. Kulhavy said the 500' designation had come up In an ordinance In 1981. He said that changing in only particular portions would affect a different part of the Code, and the process would have to begin anew. • Mr. Kulhavy said his staff had reviewed the Code of other cities, and found no uniformity. The Mayor said he thought this was a good example of why the Development Code needed to be updated, and compared it to being a guide -map. He said that looking at this issue holistically was superior to a "band-aid° approach. Councilmember Barrett said discussions had raised the Issue of affecting the city's entire interstate corridor, and confirmed the City Council Meetings of February 2011 Book "V" current sign height was permitted throughout that corridor currently. He asked about the distance of Wal -Mart, and Mr. Kulhavy said 500' would be in the parking lot, and 600' would be in the store. Councilmember Barrett asked about the east side, and was told that there would be encroachment Into neighborhoods such as Forest Hills, but that there could be other considerations such as Neighborhood Conservation Zones. Councilmember Barrett. said that was of concern to him, especially that not all the neighborhoods were in such zones. He said that he supported the concept, but that it perhaps would require some refining. Councilmember Woodward recalled that the review of the Development Code currently rested with the Planning and Zoning Commission (P&Z), and that they would eventually make recommendations to Council. He said he would almost like to refer this entire sign Issue back to the P&Z to review and make recommendations. Mr. Kulhavy responded to Council questions, saying measurement was from the edge of the right -of -way (ROW), and that it would take about 45 days to go through the process Councilmember Woodward suggested. Councilmember Fitch echoed Councilmember Barren's concems about neighborhoods, and also possibly opening up an option for smart businesspeopie to buy property off the interstate and still have tall signs. Councilmember Wagamon said he was a little disturbed at the process, that he thought it was driven by a single business, and would be overruling P&Z. He said he thought it needed more deliberation. Councilmember Woodward made a motion to refer the issue back to P&Z, expecting a regort In about 45 daXs. The Mayor suggested an amendment to Councilmember Barrett's motion. Councilmember Woodward agreed. and Counclimember Barrett seconded the amendment to the motion. Councilmember Cole said it would go back to P&Z either way, so he would prefer to just vote It down. Councilmember Montgomery asked If P&Z would take any other action. The Mayor confirmed the entire Issue and section of Development Code would be considered by P&Z for recommendation. Mr. Kulhavy clarified that P&Z was to look at the Sign and Advertisement Section of the Development Code comprehensively, not only the 5007600' question. He recommended that the staff would prefer that the Ordinance for consideration be denied, so they could begin with a "clean slate." Councilmember Woodward withdrew his amendment. The motion failed. 1 -8. Councilmember Johnson voting for the Ordinance. b. Presentation and discussion to approve Ordinance 2011-23 to waive the bldffing process for city -owned property purchased with grant funding for moderate- to low - income housing, 1st reading. [Councilmember Montgomery and Dr. Sherry McKibben, Community Development Specialist] Councilmember Montgomery said she had worked with Dr. McKibben to review this issue. Dr. McKibben gave a PowerPoirnt presentation on the program for the homes, homebuyers, and qualifications. Councilmember Montgomery said the "rub" comes in when looking for homebuyers meeting the grant specifications, In opposition to the current City requirement to sell to the highest bidder, and that this proposed Ordinance would only apply to homes purchased or built with the grant funds. Councilmember Woodward said he notice the revised ordinance [sent today] still said "grant funds,' and noted that not all grant programs had these same requirements. He asked if the wording could be updated with something like "as required" or "as required by the grant." City Attorney Leonard Schneider gave a review of the state statute, saying the provision was not specific to grants. He said that, In this instance, the City Charter provision would negate the ability of the City to use the grant money as required, and that he felt it was a situation where the Council could make an interpretation for the Ordinance. Councilmember Woodward asked If the ordinance, If passed, could cause confusion on another type of grant in the future. Mr. Schneider said the language Councilmember Woodward had suggested could be added. Councilmember Cole asked for an update. Mr. Schneider said the general rule was that a Council could Interpret its own Charter, but that a City could not normally prohibit or add a condition the statute did not add. Mr. Schneider said the Charter said the City would need to go to bid, and the Local Gov't. Code (LGC) said property could be sold for less than fair market value, and that this was an attempt to reconcile these variances. He said he could make the case that the City would receive benefit from property taxes, etc., giving equal effect In these circumstances, particularly since the LGC recognized support of low- income housing. Councilmember Johnson asked about the buyer qualifications, and was content that part of it was "first -come, first- served." 8. MAXORICiTY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion, and possible action regarding clearing brush from lot In 500 block of Smith Hill Road. ( Counclimember Wagamonj Councilmember Wagamon discussed the overgrown lot, and the Health and Safety Section of the City's Code of Ordinances, reading a passage. He said he felt it applied to the lot in question. Councilmember Wagamon said the City seemed to not want to cite citizens because they then incurred an expense, and also was reluctant to use City resources to do this. Mr. Schneider said the Texas Constitution generally prohibits the use of City equipment for the benefit of the property owner. He said the City could charge for the work If a statutory process was followed. The Mayor said that was his point, that a lien could eventually be attached to the property. City Council Meetings of February 2011 Book N" Mr. Baine said the problem was that there were probably 500 overgrown lots just at Elkins Lake, and 700 -800 additional lots. He said he thought it was a slippery slope, and believed the City would be honor bound not to just have selective enforcement. He said it was simpler with structures that could be bulldozed. Councilmember Cole said he thought it was a violation of personal property owner rights, and discussed a passage from William • James. He said he also felt as Mr. Baine did, and that this was a police state type mentality. Councilmember Wagamon made a motion to direct the staff to post notice on this lot. Mr. Schneider said there were guidelines under the Health and Safety Code requiring proof, and suggested directing staff to look Into this. Counciimember Wagamon said he did not want to get into a back - and -forth with staff on a definition of °unsightly.° Mr. Kulhavy said the lots had been reviewed that day, and were considered in a °natural° state, as they had never been developed, and this was in accordance with the City procedures. Councilmember Olson asked Mr. Schneider if this would set a precedent, was similar to the sign issue, and whether the City was opening itself to liability. Mr. Schneider discussed the definition of °nuisance " He said the real question was how far the Council wanted to go with this, and that such an issue was often complaint - driven. He said there was a mechanism under law to do it, but it was a policy decision as to whether it was done. The motion did not receive a second. b. Presentation, discussion, and possible action on settlement of the Was Alton suit [Counciimember Olson] Councilmember Olson said he thought some of what was done in Executive Session might deserve to be in the public eye. He said he was not going to go into specific allegations but that he thought the Council should provide oversight and plan for the future, and hold all accountable to the approved policies. Councilmember Olson said he had been accused of having a conflict of interest, but said he did not have ties to Was Altom that met the conflict guidelines other than a friendship. He said he could distance himself enough to perform the City's business. Mr. Schneider interjected, saying he cautioned the Council against any discussion of what had occurred in Executive Session in this ongoing case. Councilmember Cole raised a point of order, and that this item reauired a motion and a second. . Councilmember Olson said he was making a presentation and that a motion was not required. The Mayor said a presentation should be broad - based, succinct, and directed toward a motion. Councilmember Olson assured Mr. Schneider he would not be discussing material from Executive Session. He recapped the policy steps from the City Employee Manual, stating how he perceived that each had not been fulfilled in Mr. Altom's case. - He said he was only bringing up what every other employee deserved. Councilmember Olson compared Wes Altom's procedure to another recent employee termination procedure, which he felt was in line with the policy, stating he felt there was an inconsistency. Councilmember Olson moved to settle the Was Altom suit. Councilmember Johnson seconded the motion. The Mayor said he knew Counciimember Olson felt his points to be valid, but that he, the Mayor, did not feel they were as ironclad. Counciimember Wagamon said it had been explained several times that this was a federal suit, and many points of which had been thrown out. He said the City's procedure had nothing to do with a person's right in federal court, and that Mr. Alton had not been able to articulate at his hearing how he felt he had been denied due process. Counciimember Wagamon said he felt Councilmember Olson was in conflict due to his friendship, saying he thought Counciimember Olson friendship with Mr. Altom was obsessive and delusional. Counciimember Olson called a point of order. Mr. Schneider said he felt that Counciimember Wagamon's terminology might be a Title strong. Counciimember Wagamon said [bringing this item] was conflicted with what was good for the City, when lying to the Council was central to the issue. Counciimember Olson responded by saying he didn't think someone's amendment rights were frivolous. He said his problem was that it was a 21 -year employee who received no write -ups in that time, and was not treated in the same way as any other employee. He said the procedures were not for convenience, they were to keep the City out of trouble. The Mayor said the question was whether it was a settlement of the federal suit or because something was owed to the employee, and that the federal suit would have to stand or fail on its own merits. He said he had repeatedly seen the process of establishing prima facie evidence in disciplinary actions. He said the burden of proof switches when it is judged that it was a reasonable action• for the City Manager to have taken, and that the burden of proof was not met by Mr. Altom. Counciimember Cole said he had detected a semantic problem with process and procedure and that Counciimember Olson seemed to be dissatisfied with that. He said there were two components, that one was going to be notified of termination and why, and secondly, the opportunity for a hearing, both of which the City had notified the Court. City.Council Meetings of February 2011 Book W Councilmember Fitch said this was an emotional topic for all, and he felt all could agree that the Employee Grievance Process could use "tweaking." He said that, as one moved higher in an organization, there were not as many levels to which to appeal. He said that perhaps this had not been the process everyone would have liked to have seen, but that Mr. Altom had had his day in • court. He said this would be discussing a federal court case, with $40,000 of taxpayer money. Councilmember Fitch said TML had removed their portion from the table, and suggested the court work through its course, that he had faith in that process. Councilmember Olson said his issue was not the court case or prima facie evidence, but that it was about right and wrong. He said this was an isolated incident, that the Council did wrong, and that the federal lawsuit had nothing to do with wronging someone. He asked how the other employees could be held to one standard. The motion failed 3-6 with Councilmembers Olson. Johnson and Montaomery voting in support. c. Presentation, discussion, and possible action on settlement of the Chamber suit. [ Councllmember Johnson] Councilmember Johnson said he had had In mind a presentation in the form of a question, that it had been a number of weeks since the Council had discussed the item. He said he thought it might have been interpreted as a sinister power play, but that that was not his intent. Hb noted the City Attorney had received a court order Friday for mediation In the case, and that he now felt this item was a moot point. d. Presentation, discussion, and possible action regarding financial relationship between First Tradition, LLC of Houston, Hometown Huntsville, and Councilmember Don Johnson, and his political motivations as they may relate to any proposed forfeiture of assets (HOT funds) obtained In the judgment from the civil case of City of Huntsville vs. Huntsville - Walker County Chamber of Commerce and Dee Everett. [ Counciimember Wagamon] Councilmember Wagamon said this item was one on which he and Councilmember Johnson were political adversaries, and that he had added this item in response to item 8c. Councilmember Wagamon said he proposed to discuss an article from The Huntsville Item. The Mayor asked for decorum and brevity. Councilmember Wagamon said he and Councilmember Johnson discussed his [ Wagamon's] motivations in Agenda Review last Thursday, but that Councilmember Johnson was quoted in the paper saying he would prefer more direct communications. Councilmember Wagamon reiterated that he did believe it was Councilmember Johnson's intention to settle the lawsuit. Councilmember Wagamon read another quote that said that, in reference to First Tradition and Hometown Huntsville, Councilmember Johnson said he didn't think it was Councilmember Wagamon's business. Councilmember Wagamon said he • thought it was the public's business. Counciimember Wagamon read minutes from the City of Magnolia, showing First Traditions fees for managing that city's hotellmotel tax (HOT) funds. Councilmember Wagamon said, 'If I were a company like that... and I like managing HOT funds to that tune ... and I wanted to make some political contribullons ... I would go to the city in the state of Texas that has established the legal precedent for the oversight of HOT funds ... I'm gonna invest my money and try to get something done to mitigate that verdict. I'm gonna come up here and put a bunch of money into Hometown Huntsville.' Councilmember Wagamon reviewed First Tradition contributions on Hometown Huntsville campaign finance reports. Councilmember Wagamon pointed out that Hometown Huntsville's'decision makers° included a witness for Wes Altom, as well as Councilmember Johnson's daughter, former mayors, and ex- Chamber officials. Councilmember Wagamon said it was his political opinion, that Councilmember Johnson's motivations, based on the'precedent- setting° contributions, were that he wanted to settle the lawsuit. Councilmember Johnson responded, saying he would be honest, and that it occurred to him that Councilmember Wagamon's view was that everything was 'crooked and wrong." Councilmember Johnson addressed several points, excerpted as follows: '...1X11 answer your concerns... after i read your draft agenda item last week, I asked you in front of witnesses to ask me your concerns personally... we did not discuss it i made the request and you said nothing ...In spite of your wrong assumptions about my intentions, motivations and practices, here are the facts: Regarding First Traditions - ...when I enter a venture unfamiliar to me, I believe It is 'Smart Planning' to seek assistance from someone with experience in that particular field ...I believe First Traditions did an excellent job with our... campaign materials. Hometown Huntsville also used the services of First Tradition, which merely reflects their choice to also seek professional assistance. Surely you do not see this as different from any other professional organization that serves a variety of clients? Regarding Hometown Huntsville - Last spring, some citizens who were concerned about the future of Huntsville asked me to meet with them and discuss how to make Huntsville a better place to live. Once I decided to become a candidate for City Council, I stopped participating with this group. The group eventually became known as Hometown Huntsville. Though I was not a part of Hometown Huntsville during my campaign or after the election, I looked at their website this week, and agree with their 'guiding principles.' During my campaign I called for a "Positive Future for Huntsville' and that concept is described In many of Hometown Huntsville's stated goals... you may want to visit their website ® www hometownhuntsville.com. Their supporters are listed and I would welcome your asking them about their group's purposes, and any character questions you have about me... Regarding a conflict of interest - As regards a conflict of interest regarding HOT funds, i am puzzled/ I can assure you that I have no conflict of interest in this regard, and indeed, I am continuing to research the background suirounctng various City lawsuits to • better understand them. You can confirm this with Leonard Schneider as well as others whose input I- have sought. The false accusation of bias was smeared over and over during my campaign by some.... My commitment was and is to learn the facts, and then work for what is best for the citizens of Huntsville who by their votes in November indicated a strong desire to move forward. People are tired of the divisiveness and rancor that have plagued our city in recent years, and I want to respond to their call for unity and positive progress for Huntsville. It's time to put away false accusations, rumor and innuendo, and come together In a commitment to serve this city with dignity and cluility. I invite you to join City Council Meetings of February 2011 Book "W me In that commitment Regarding the City vs. Chamber of Commerce lawsuit - [Mr. Schneider here repeated his advice about discussion of Executive Session in view of litigation and court - ordered mediation. Councilmember Johnson said he believed he would be discussing things . that had been in the media.] Councilmember Johnson said the City had won a court judgment, not the same as an asset, having no real value until satisfied with an acceptable payment, and that he thought there should be an assessment of additional costs and risks. He said the City Attorney estimates the process could take another year. Councilmember Johnson said he had suggested a meeting of attorneys and civilians from both parties to figure out how to put this behind us as quickly as possible, but that this was in no way with an intention to shortchange or defraud the City of Huntsville or its citizens. Councilmember Johnson said these thoughts, shared in Executive Session, were quickly leaked, and that the Council was notified of a mediation order from the appeals court. The Mayor said Councilmember Johnson had said he wanted to explore what had gone on, and that he had suggested viewing the forensic auditor's report, and stated that Councilmember Johnson had said he wasn't interested in seeing the report. The Mayor said he had also asked Counciimember Johnson what the great injustice was, that Counciimember Johnson said it was that the accountant for the Chamber wasn't allowed to testify. The Mayor said he had told him he had sat through almost an entire day's worth of Mrs. Murf s testimony. The Mayor suggested to Councilmember Johnson, that if he wanted to know all of the facts, he start with the report of the forensic auditor. Mr. Schneider reminded the Mayor of the topic of the discussion. Councilmember Johnson said he had received the power point earlier in the day and had reviewed It, and that his prior statement was that he had not have time to come to Huntsville to see the forensic report when it was presented to Council. Councilmember Wagamon said he would like to address the unfortunate position the City was in. He said the City won the case, that a bond had been filed at the Courthouse by Traveler's Insurance, and that the City would get the money, unless someone voted it away. He said that whether or not people liked it, the Chamber and Dee Everett were just as guilty as when they lost in court. e. Presentation, discussion, and possible action regarding conflict of Interest by Councilmember Olson In the matter of Wes Altom vs. City of Huntsville and any proposed settlement of same. [Councilman Wagamon] Councilmember Wagamon said he `felt we have all had abut enough tonight." f. City Manager's Report 1. Mr. Baine said the Council would review the water rate study on 2/22 at 6pm. 2. Mr. Baine said that several months ago he had asked to refinance some bonds, that the market had moved against the • City on one, and that an action to refinance would be on Tuesday's agenda 9. PUBLIC COMMENT There were no comments. 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.) a. Rededication of plaque at Courthouse for Texas Society of the Sons of the American Revolution on Saturday, April 9, at 10 a.m., lunch to follow at the Veterans Shelter, free and open to the public. b. TxDoT Is holding a Public Hearing on Highway 19 on February 15, 2011, at 6 p.m., at the Veterans Shelter. c. Brief statement by Councilmember Barrett Councilmember Barrett postponed his statement d. Grant writing workshop to be held at SHSU CHSS building, Room C-90 in February 26, from 9 a.m. to noon, more Information can be had at 936/291 -5428. e. The Beautification Advisory Board will hold their annual Golf Tournament at Raven Nest Golf Course on February 25, more Information is available at 9361294 -5708. 12. EXECUTIVE SESSION a. Executive Session pursuant to 551.071 to receive legal advice from City Attorney on status of Appellate proceedings In the Case No. 10-11 -0010 -CV: In the Tenth Court of Appeals: Huntsville- Walker County Chamber of Commerce and Dee A. Everett' Appellants v. City of Huntsville, Tema, Appelle„ and to direct the City Attorney on response to Order of Mediation. [Leonard Schneider, City Attorney) The Council adioumed into Executive Session at 9:13 a.m. 13. RECONVENE 1. Take action, if needed, on items discussed in Executive Session. The Council reconvened at 9:33 o.m. No action was taken. • 14. ADJOURNMENT / The meeting was adioumed at 9:33 mm. Woodward, City