Minutes - 01/03/2012MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF JANUARY, 2012, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M -IN THE CITY—OF-HUNTS-VILLE, COU.NTY_OF— WALKER, TEXAS AL6:002nn
The Council met in a workshop and regular session with the following:
COUNIaLMCMtitrto NrttScN i : Mac wooawaro, James racn, Lyaia nnonig -Mery-Don i-n Johnson, - Keith -D: Olson, Joe Emmett Tish Humphrey, -
Ronald Allen, Clyde Loll
COUNCILMEMBERS ABSENT: None •
OFFICERS PRESENT: Bill Baine. City Manaaer: Leonard Schneider. City Attorney. Lee Woodward, City Secretary
REGULAR SESSION [6:OOPM]
1. CALL TO ORDER
2. INVOCATION AND PLEDGES
U.S. Flag
Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.
Councilmember Johnson gave the invocation and guest Sarah Countryman led the pledges of allegiance. Mayor
Woodward thanked SHSU and the Texas University System for the commemorative books provided. City Manager Bill
Baine, Mayor Woodward, and Aron Kulhavy recognized GIS Manager Eric Pena on his leaving for the City of Houston.
3. PUBLIC COMMENT
Sarah Countryman of the YMCA thanked the Council for the City's support of their Teen Program and discussed their
community activities.
Steve Dufrane of the Shawshank Disc Golf Course spoke about their upcoming 2012 disc golf tournaments, noting the
course was currently ranked first in the state and 20th in the country.
4. 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"
rom fhe- 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 held on December 13, 2011. [Lee Woodward, City
Secretary]
b. Adopt Ordinance 2012 -09, amending the traffic schedule to ratify no parking signs on University Avenue
approximately 200 feet south of the intersection with Bearkat Boulevard, 2" reading. [Aron Kulhavy,
Director of Public Works]
c. Adopt Ordinance 2012 -08, amending the traffic schedule to ratify stop signs at the intersection of Avenue
M and 14th Street, 2nd reading. [Aron Kulhavy, Director of Public Works]
d. Authorize the City Manager to reject all bids for the Airport Protection Plan Bid #12 -05, as allowed in the
bid document. [Matt Lumpkins, Director of Community Services]
e. Adopt the Fair Housing Activity Statement (FHAST) Form as the City of Huntsville's Fair Housing Action
Plan. [Dr. Sherry McKibben, Community Development Specialist]
f. Authorize the City Manager to approve renewals of City insurance programs. [Winston Duke, Finance
Director]
g. Authorize the City Manager to purchase seventeen (17) light -duty vehicles from Caldwell Country, Sam
Pack Ford, and Prestige Ford, with all replaced vehicles to be placed in auction and sold to highest
responder. [Winston Duke, Finance Director]
h. Authorize the City Manager to enter into one -year contracts, with option to renew one additional year, for
Asphaltic Hot Mix, Pavers Supply — Flowable Fill, Transit Mix — Flexible Base, Pavers Supply — Cement
Stabilized Base, Pavers Supply — Trap Rock, Vulcan Materials — CRS -2 Performance Grade Asphalt, 3/8"
and 5/8" Chip Rock, Pavers Supply. [Billie Smith, Procurement Manager]
Approve the Standard Form of Agreement between the City of Huntsville and Absolute Energy, Inc. for
Professional Services related to individual Task Orders. [Aron Kulhavy, Director of Public Works]
j. Approve the Standard Form of Agreement between the City of Huntsville and Jones and Carter, Inc. for
Professional Services related to individual Task Orders. [Aron Kulhavy, Director of Public Works]
k. Approve the Standard Form of Agreement between the City of Huntsville and Klotz & Associates, Inc. for
Professional Services related to individual Task Orders. [Aron Kulhavy, Director of Public Works]
I. Approve the Standard Form of Agreement between the City of Huntsville and McClure and Browne for
Professional Services related to individual Task Orders. [Aron Kulhavy, Director of Public Works]
The Mayor announced the City Manager had pulled items i, j, k, and I.
Councilmember Montaomery made -a- motion --to -- approve -- the — Consent - Aoenda and was - seconded—by
Councilmember Humphrey.
Councilmember Johnson asked to pull item d to the Statutory Agenda for discussion.
Items a. b. c. e. f. and h passed unanimously.
On item d, Councilmember Johnson asked for additional explanation. Mr. Baine said he made the decision for the
bid to go forward but then decided to have the land cleared and allow the vendor to take the trees for a reduced
fee. He said the bids came back higher than expected and he let the item carry until this agenda. Matt Lumpkins,
Director of Public Services, agreed that it was a financial decision to find other solutions.
Concerning the potential for a wildlife fence, Councilmember Olson said it was part of the improvements to the
airport. Aron Kulhavy, Director of Public Works, said additional funds to cover these parts of the project would
have to be programmed several years out. Councilmember Johnson askec about the bid - non-ds and Billie- Smith,
Procurement Manager, confirmed the holiday season had caused the delay. Councilmember Loll was told by Mr.
Lumpkins that livestock on the runway had been an issue for a number of years. Mr. Kulhavy confirmed that
leftover funds at the end of the next year could be used on additional projects.
Councilmember Humphrey asked if the vendors had understood the bid, based on the wide range of responses,
and what the City had expected to spend. Mrs. Smith said the fence had not been listed in the bid document, but
the trees and mulch were. Councilmember Allen asked Mr. Baine if he thought that $35,000 had been a realistic
expectation to receive on the bid. Mr. Baine said timber prices had lowered. -
Councilmember Humphrey made a motion to aoorove the item and Councilmember Johnson seconded it.
Councilmember Olson had a similar recollection as Mr. Baine, based on potentialities and pricing of eight to nine
months ago. Councilmember Fitch asked for confirmation that the timber portion of the project was "dead in the
water" and was not going to be rebid. Mr. Baine said it would have to be dealt with eventually, but that a more
affordable - solution was needed. Councilmember Fitch said he sought to ensure a fair bid process was being
followed and would like to see a comparison if and when the project was rebid. The Mayor said he understood that
the drop in timber pricing and additional necessary work caused the bids to come back at a greater expense to the
City than could be handled. Councilmember Fitch said his concern was rebidding after vendors had revealed their
bids.
Councilmember Allen asked whether a bid for the purpose of clearing the trees for pilot concerns would come back
in the next few months and Mr. Baine said he might if he could find a way to pay for it. Councilmember Johnson
discussed the cost opportunity due to the drought situation and was reluctant to have the City declare absolutes
about what it might do. Councilmember Allen said he still could not believe anyone thinking the work could be
done for $35,000 and said what led to the bid procedure was the trouble. Mayor Woodward said he thought the
fair thing to do was to reject the bid.
The motion passed unanimously.
On item a. Councilmember Fitch made a motion to approve and Councilmember Loll seconded.
Councilmember Allen said he had reviewed a list of models and mileage and had some concerns about some of
the suggested replacements. Councilmember Humphrey said she wanted the Council to consider the fleet
replacement schedule. Mr. Baine said the schedule was reviewed internally before he received it and discussed it
with Fleet Manager Mike Clouds.
Mr. Clouds noted the fleet would retain "step -down" vehicles and continue to be used, whereas other vehicles with
higher mileage would go to auction. He also clarified that departments or the fleet would swap out on a one-to -one
basis, although it might not be the exact vehicles on the list. Councilmember Allen said he felt that the list he
received was not then accurate. Councilmember Allen asked about buying a pick -up truck for its bed and Mr.
Clouds said it was cheaper to buy the vehicle than to order the bed and chassis.
Mr. Clouds told Councilmember Johnson that service records and other factors were considered in the fleet
schedule, that some vehicle replacements were reordered or delayed at times. He told Councilmember Humphrey
that they used the schedule as a basis and then consulted with departments and considered the vehicle uses and
histories. Mayor Woodward noted all the items being considered were budgeted and also that a vehicle was put
on the replacement schedule when it was purchased. Mr. Clouds told the Mayor that overall the City was not
adding more vehicles to the fleet. He also said increased workloads or the need to have Solid Waste vehicles in
operation may encourage the retention of vehicles and confirmed the Mayor's comment that funds from the sale of
vehicles were returned to the fleet budget.
Councilmember Fitch discussed the needs of police vehicles and that the University Police was going to Tahoes
and that they were having good results. Mr. Clouds answered Councilmember Fitch's question and that the City
was selling 17 vehicles for the 17 to be purchased. Councilmember Loll thanked Mr. Clouds for his service and
asked if he, based on his experience, the City's policies, and related factors, felt these vehicles should be replaced
and Mr. Clouds said he did.
The motion passed. 8 -1. Councilmember Allen voting against.
5. STATUTORY AGENDA
a. Presentation, discussion, and possible action to adopt Ordinance 2012 -10, amending Chapter 44 of the
Code of Ordinances by adding Section 44170 to Article VII, for the regulation of the use of handheld
mobile telephones and mobile communication devices in school zones, and providing for a penalty and
other findings, 1St reading. [Chief Kevin Lunsford, Director of Public Safety]
Chief Lunsford said the state passed a law orohibitino use of cell phones in school zones and that the Council had
to pass an ordinance to enforce this throughout the community. He said the state had posted signs at the schools
on state highways and noted complaints about not having sings at all schools. Councilmember Humphrey asked
about the tines ano the city Attorney said ms practice was to nave consistency in penafffes. Councilmember
Montgomery asked for clarification that it would only apply during the posted school zone hours and that the law
was passed in 2009. Councilmember Emmett confirmed this would not include the entire University, only posted
school zones.
b. Possible action to approve Resolution 2012 -09 in support of an application for Housing Tax Credits from
Spring Hills Apt., LP, for the Spring Hills apartment project to be located in the Robert Smither Homeplace
Subdivision on the northeast corner of Highway 75 and Gospel Hill Road. [Aron Kulhavy, Director of Public
Works]
Councilmember Montgomery made a motion to adopt Resolution 2012 -09 and was seconded bv Councilmember
Johnson.
Mr. Kulhavy said this was a resolution supporting a developer to receive tax credits but did not commit the City to
any funding. Representatives of LDG Development said the tax credits were issued through a competitive process
and that community support would aid in scoring. They showed maps of the layout, noting quality of materials,
security features, and community amenities and said they felt their odds of success were pretty good.
Mr. Dischinger said government funding that subsidized the property and said they had found this helped in tenant
responsibility, as the units were nice and for a low rental rate. He said the corporate headquarters were in
Louisville, Kentucky and that they had Texas complexes in Houston, Alvin, and Austin. His associate said the
parent tract was eleven acres, valued at $11 million, and that they expected to employ about 125 during
construction and create several permanent on -site jobs after that.
Councilmember Humphrey asked about tenant guidelines and it was suggested that the City speak with Alvin.
Councilmember Montgomery asked if other properties were using the additional social services offered and was
told it varied but that they encouraged community- building, and also said they had built in Texas since 2005.
Councilmember Fitch asked how the tenants qualified for housing and was told that the rent was restricted to
certain levels and qualifying was based on median income through the tax credit guidelines.
Councilmember Johnson asked timing and was told TDHCA would not award until July, construction would begin
4 -6 months later, and just over 10-16 months to completion. The Mayor noted he had met the representatives
previously. Mr. Baine said the City helped to identify the site and thought their chances were good. The Mayor
was told the company tried to use local contractors as much as possible. Councilmember Emmett was told there
were no costs associated with construction the City was being asked to cover. Councilmember Fitch said he
thought this was a good location and asked about the City Manager's designation in the Resolution. Mr. Kulhavy
said it was typically assistance with paperwork and Councilmember Fitch confirmed it was not for expenditures or
commitments.
The motion passed unanimously.
c. Possible action to approve a community revitalization plan for the Robert Smither Homeplace Subdivision.
[Aron Kulhavy, Director of Public Works]
Mr. Kulhavy noted this was the first of the items referred to, as a letter referencing the City's Comprehensive Plan
would not be sufficient in this instance.
Councilmember Fitch made a motion to adopt Resolution 2012 -09 and was seconded bv Councilmember Olson.
The Mayor asked and was told this would apply to the entire subdivision, not only the development in question.
The motion passed unanimously.
6. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion, and possible action to discuss departmental activities. [Standing item on first
agenda of each month.]
The Mayor noted this was previously used for water discussion and noted the broadening of the terminology.
b. Possible action to approve nominationsforCity- Boards-and-Commissions: [Mayor Woodward] -
The Mayor nominated Woody Woods for the Planning and Zonina Commission and Shannon Duncan and Ethel
Monrov for the Youth Advisory Board. Councilmember Humphrey seconded the nominations. The motion passed
unanimously.
c. Possible action to appoint Mayor Woodward as the City Representative to the Houston - Galveston Area
Council (H -GAC) General Assembly. [Mayor Woodward]
Councilmember Loll nominated the Mayor and Councilmember Humphrey seconded. The motion passed
unanimously.
d. Annual update from the Communications and Service Committee. [Councilmember Fitch]
Councilmember Fitch said the Committee primarily worked on the City Connection and noted Depufy "City
Secretary Kristin Edward's work on this monthly item. He said they have discussed other ways of reaching out in
the community. Councilmember Humphrey encouraged citizens to go online and complete the transportation
survey.
e. Discussion of budget books and availability on web site. [Mayor Woodward]
The Mayor noted the budget books were available on the web site, the City Secretary's office, and the library, and
that Councilmembers could contact Winston Duke if they wanted a hard copy. The Mayor congratulated the
Bearkats. Councilmember Fitch announced the team would be escorted through town on January 4 at 4pm. He
encouraged the merchants along the route and members of the community to come out and show support.
f. City Manager's Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic
development.
Mr:- Baine- said - the - library re- opening would probably be toward the end of February and noted the significant
contributions and fundraising of the Friends of the Library. He said the bathroom /concession stand at Kate
Barr Ross Park would be installed around the end of January. He said the Sprite Sparks Grant basketball
court at the Park would include an art competition. Mr. Baine said the Boys and Girls Club architect had been
identified and that the Town Creek project was proceeding. He said Garver Engineering had been selected
by TxDOT for airport improvements.
Mr. Baine said Zumba classed resumed and that grant applications were starting up again. He noted the
T -IRZ— boundary changes and annual_reports_would be coming forward, including the ramps on which TxDOT
had redesigned. Mr. Baine addressed pulling the engineering general service agreements from the Consent
Agenda and distributed information on Professional Services. Mr. Kulhavy summarized that selection of
Professional Services was a unique and completely different from other procurement processes, that it was
based on competency and qualifications and could not be based on price, as governed by state law, the City
Charter, and the City's Purchasing Policy. He said the staff continually evaluated firms on these guidelines
and the agreements did not compel the City to purchase services. He said he felt this sped up this repetitive
process and that many cities used them Councilmember Humphrey asked if pulling the items to the 17th
would cause any problems and Mr. Kulhavy said the current projects were covered.
Mr. Lunsford confirmed Mr. Baine's recollection that off -duty officers had solved a rash of recent car
burglaries. Mr. Baine showed the recent issue of intra from the Trinity River Authority featuring the Huntsville
project.
7. PUBLIC COMMENT
There were no additional comments.
8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
9. 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.)
Councilmember Fitch discussed the team escort for Wednesday. Councilmember Olson noted Mayor Woodward has
now been named Director of the Sam Houston Museum. The Mayor said it was a privilege to serve the citizens of
Huntsville and that the Council had shown that this evening.
10. 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, claims involving Walker County Special Utilities District (WCSUD), and the
City of Huntsville vs. the Huntsville/Walker -County Chamber of Commerce . [Leonard Schneider, City
Attorney]
The Mayor noted the WCSUD item h ad'lieen postponed. City-Council- convened into closed session at 8:15 p.m.
11. RECONVENE
City Council reconvened into open session at 9:13 p.m.
12. DJOURNME
ayor WO dwa
Ijourned th meeting at 9:13 p.m.
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