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MIN CC 01/06/2009CITY COUNCIL MEETING of JANUARY 6, 2009 BOOK "U" 167 rES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF JANUARY, 2009, IN THE HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT Council met in a regular session with the following: 1NCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Clarence Griffin [6:35pm], Melissa Mahaffey, iy Ray, Mac Woodward, Dalene Zander 1NCILMEMBERS ABSENT: Charles Forbus PRESENT: Bill Baine, City Manager; Thomas Leeper, City Attorney; Stephanie Brim, City Secretary TO ORDER [6:OOpm] Turner called the meeting to order. OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION ember Barrett led the invocation. PRESENTATION [6:01- 6:12pm] Mr. Bob Ernst presented the current outlook for proposed funding of new Rita B. Huff Humane Society animal shelter. [Answers to Councilmembers' questions provided by Mr. Ernst are bracketed.] ' Councilmember Mahaffey requested the timeline for the project to be completed 12 years]; asked about the amount of funds dedicated to operations and maintenance [would likely increase with a larger facility]; and inquired if the Animal Shelter had requested the same consideration from Walker County [yes, they've committed to $150,000 also, which might be provided in -kind as well]. Councilmember Woodward inquired as to the site [out near the City's Recycling Center]. Councilmember Ray confirmed that the City's commitment would be conditional on approval of the grant [yes]; that the amount is actually $150,000, half of the original request for $300,000 [yes]; and that the County has agreed to fund $150,000 as well [yes, they have committed to $150,000]. Mayor Turner suggested that in the interim period, better operating estimates need to be prepared. Councilmember Mahaffey asked about the cost estimate being 15% for each section [information was provided by the City Engineer]. HEARING [6:12- 6:15pm] Council held a public hearing to consider an ordinance amending Title 32, Community Development, of the e, Texas Municipal Code, to include provisions for building setback line requirements. City Planner Aron gave a brief overview on the proposed changes, stating they were basically clarification of current wording. Russell. Mr. Russell stated that the proposed changes would add a flexibility factor that should have a negligible any at all. COMMENTS (regarding agenda items only) CONSENT AGENDA a. Authorize the Huntsville Fire Department to accept the 2008 Fire Equipment Grant in the amount of $62,580 and authorizing a cash match from the City in the amount of $6,258 to be paid from General Fund future allocations. b. Take action on certain annual contracts and/or bids, to: (1) Authorize the City Manager to execute a one -year contract with two (2) additional one -year options to renew with Badger Meter for water meters in the estimated amount of $73,000 per year, with future price adjustments, plus or minus. (2) Reject all bids received for the periodic purchase of miscellaneous water and sewer supplies (Bid #09 -08) and request a second sealed bid. Approve Ordinance 2009 -10, amending the fiscal year 2007 -2008 annual budget. Approve Ordinance 2009 -11, amending the fiscal year 2008 -2009 annual budget. Councilmember Woodward moved to approve the Consent Aoend& and Councilmember Ray seconded the motion. Councilmember Woodward requested clarification on rejecting the bid for purchase of miscellaneous water and sewer supplies. Victor Pena, Assistant City Manager, clarified that some vendors had included multipliers with their submissions, and the staff did not want to interpret their intentions, so a clearer bid process was needed. CITY COUNCIL MEETING of JANUARY 6, 2009 BOOK "U" 168 The motion passed 7 -0. 'UTORYAGENDA Presentation, discussion and/orpossible action on the request for waiver of fees for Open Record Request. On November 25, 2008 and on December 8, 2008, Mr. Rich Heiland of Free Press Publications submitted two separate open records requests ( "ORR "). Mr. Heiland also requested waiver of any fees associated with compiling the requests in accordance with Texas Local Government Code ('TLG "), Section 552.267. This section of the LGC states that a governmental body may waive or reduce the charges for an open record request if providing a copy of the information primarily benefits the general public, which Mr. Heiland asserts. Staff anticipated bringing forward amendments to the current records ordinance, and even referenced bringing forward proposed changes to the City Council on January 6; however, Council guidance is requested before proceeding with potential recommendations. For example, one suggested change by staff will be to delegate to staff the ability to waive fees for ORRs for any requests that amount to under $1.00, a current practice done out of courtesy rather than by ordinance. Staff recommendations will likely also include delegating to staff the ability to waive fees when TLG Section 552.267 is asserted by media requestors if the total for the information is under $10.00, eliminating the need to bring matters of minor fees to the City Council. Councilmember Barrett requested additional clarifications in the policy regarding waivers, processes, etc, and empower the staff to make decisions on certain matters to free up the need to bring minor matters to Council. The motion passed 7 -0. Presentation, discussion and/or possible action on Ordinance 2009 -12, amending Title 32, Community Development, of the Huntsville, Texas Municipal Code, to include provisions for building setback line requirements. Discussion at a recent Planning & Zoning Commission meeting detailed the history of the proposed changes ' to the Development Code in regards to building setbacks. To summarize, the change would require that building setbacks be measured from the foundation with allowances for roof overhangs instead of from the point of the building closest to the setback line. Councilmember Mahaffey requested clarification on from where the setback line would be measured; City Planner Aron Kulhavy and City Manager Bill Baine responded that the language to be adopted would clarify the regulations. The motion passed 7 -0. Presentation, discussion and/or possible action on Ordinance 2009 -13, approving the rates of Entergy Texas, Inc contained in the Statement of Intent to Change Rates fled in the City on December 19, 2008. City Attorney Thomas Leeper reviewed the process to date. Councilmember Mahaffey asked if this was a decrease in the rate increase and for how long it is effective; Mr. Leeper stated it was for residential customers, and there were other considerations for industrial customers and the settlement would be good until the next rate case is filed. Councilmember Cole inquired if it was wise to hold out for a better rate; Mr. Leeper indicated there would not be a strong chance of a single municipality's success at obtaining a better rate. The motion passed 7 -0. Presentation, discussion and/or possible action on Ordinance 2009 -14 adopting new Code of Ordinances as published by Municipal Code Corporation. [Note: Councilmember Griffin arrived and was present for the remainder of the meeting.] Mr. Leeper discussed the process to date, whereby the whole Code of Ordinance has been reconciled for inconsistencies, updates, changes in State law, some formatting changes, and guidance received by Council at a prior work session. pumisned by municipal Code Gorooration7 and Councilmember Ray seconded the motion.' Councilmember Ray discussed removal of Section 4 of the Ordinance, stating it seemed to criminalize at the Class C misdemeanor level everything in our ordinances. Mr. Leeper responded that it was essentially the State default. Councilmember Ray indicated that action was covered in another section of the existing code. Councilmember Mahaffey stated concern at having to vote on the Code without having read it. CITY COUNCIL MEETING of JANUARY 6, 2009 BOOK "U" Presentation, discussion and /or possible action on permission for the City of Huntsville to participate with Walker County in applying for the FEMA grant program and to make a one -time contribution of up to $150,000 in in -kind services toward the Rita B. Huff Humane Society animal shelter project contingent upon grant award. Presentation, discussion and/or possible action on status of minutes of City Council meeting held on October 28, 2008 and subsequent meetings. Report by City Secretary Stephanie Brim: At the December 9, 2008 City Council meeting a transcript of the work session held on October 28, 2008 was ordered in conjunction with an expanded version of those minutes, as well as a correction to the November 11, 2008 set of minutes. I worked on transcribing the audio for the October 28, 2008 meeting, and sent a draft to the City Council on December 23, 2008 with a note on my progress as of that date. Councilmember Ray suggested that the transcription be done by a court reporter and provided a contact. Since I had feedback from other Councilmembers that it would be better to contract it out, we have since contacted five businesses or individuals. One declined due to her current workload; one is not interested in the project; one quoted approximately $1,200; one quoted an estimate of $450 with a two -week turnaround, if the audio is provided on cassette tapes; and the fifth is scheduled to come by the office tomorrow to determine if they can do the project before providing an estimate. The minutes (expanded) of October 28 and corrected from November 11, and the December 9, 2008 minutes are not on this agenda, as I was treating the transcription as a part of the minutes rather than an exhibit or attachment that could be added on later, as was mentioned to me recently. These three sets of minutes will be presented at the Council's next regular meeting on January 20, 2009. The transcript will be brought forward to the Council as soon as it is complete. No action was taken on this item. MAYORICITY COUNCILMEMBER/CITY MANAGER REPORT a. Presentation, discussion and/or possible action on replacement process and schedule for City Attorney. Mayor Turner reviewed the process of the City Attorney search to date, and requested City Council ideas in filling the position. Councilmember Woodward stated that the Council should keep an open process to consider all options — firm or individual, and asked if notices for the position had been sent out. Councilmember Mahaffey also indicated that consideration of all options was optimal; Councilmember Barrett agreed and added that the pros and cons of going in different directions. Councilmember Woodward suggested calling other cities as to their experiences with contracting the service and how that works for them. Mayor Turner stated he anticipated discussion at the first meeting in February. Presentation, discussion and/orpossible action on providing insurance for former City employee Bill Daugette. Councilmember Griffin stated he placed this item on the agenda to make sure due process was in place during decision making; that he had talked with Mr. Pena; and at this time his request was to hold off making a decision. Presentation, discussion and/or possible action on Holiday Inn Express (Landmark Hotels, Ltd.) sign variance. Councilmember Ray commented on the rights of citizens to appeal actions such as this variance to the City Council and the Council's authority to hear and rule on them, and stated the Council did previously take action on a similar scenario in August 2008. Councilmember Woodward responded with comments on the Barrett sign action taken by Council in August 2008, in that what had been reported was a misrepresentation of the item. Councilmember Ray responded with additional comments and re- clarification on the two sign issues mentioned. Mr. Leeper stated there is a jurisdictional issue; that it is addressed by State law; and if the Council has a Zoning Board of Adjustments, appeals to their rulings are to be through District Court. Mr. Leeper also stated that the Council did have the authority to address the issue through modification of the ordinances regarding this and other signage issues; and clarified that the two issues mentioned during Council's discussion were different. Mayor Turner suggested specifying an amendment to the ordinance. Mr. Leeper suggested changing the ' ordinance to cover a multitude of options instead of only this issue, and indicated after some discussion that a draft could be proposed to the Council at their next meeting. Other items of discussion included in the directions to staff to draft changes: making sure the methodology in amending the ordinance would satisfy all the issues discussed, addressing all business signs instead of one type, and taking safety concerns into consideration. The motion passed 8-0. City Manager Bill Baine provided a report on: Directional signs — for businesses along Interstate 45, such as Luby's; Introduction of Allwin Barron Interim Police Chief — asked to visit with Council members individually at their CITY COUNCIL MEETING of JANUARY 6, 2009 BOOK "U" 170 convenience; Solid waste automation — might request at the next meeting an emergency purchase; Named Carol Reed as Director of Public Utilities; Spring Lake — filter delayed due to hurricane [Ike], was going to work, but probably not until mid - March, when contract has to be finished, and will need to get some exceptions from Texas Development Water Board; SellfTransfer Mobile Homes formerly used as bunker for firefighters- mold has been remediated, but would prefer to sell them and get them off our property; Has asked Matt [Lumpkins, Interim Director of Community Service] to put his phone and email up on screen as contact to see if there is interest in pool opening for lap swimming; Considering options for Grant Coordinator position — have asked Mr. Pena to post the position, will go with third party hired guns to get money for drainage issues, housing and infrastructure; and Around early Christmas he personally paid for 10 of 11 parking tickets given out at a community group meeting. : COMMENTS (Open.) Ray. Mrs. Ray thanked the City Council for having the Council meetings televised and suggested having the City meeting video archived online. Russell. Mr. Russell stated his delight at the calmness and democratic beauty of the evening's Council meeting, he is happy to hear that Mr. Baine is looking into sign solutions. Collins. Mrs. Collins thanked the City Council for what they've done tonight [with respect to the Animal Shelter]. INQUIRIES [7:30- 7:40pm] OUTIVE SESSION [7:40- 8:40pm] ' Council held a closed session as authorized by Texas Government Code, Chapter 551, Seotion 551.074 mnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of; c officer or employee; specifically the annual performance evaluation for City Secretary Stephanie Brim. ONVENE & ADJOURNMENT [8:40pm] Council reconvened in open session. No action was taken as a result of the closed session. Mayor Turner hoed the meeting. Stephanie A. Brim, City Secretary 1'