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MIN CC 03/17/2009CITY COUNCIL MEETING of MARCH 17, 2009 BOOK "U" 194 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF MARCH, 2009, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:OOPM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Clarence Griffin, Melissa Mahaffey, Lanny Ray, Mac Woodward, Dalene Zender OFFICERS PRESENT: Bill Baine, City Manager; Stephanie Brim, City Secretary; Interim Counsel Leonard Schneider REGULAR SESSION CALL TO ORDER [6:OOpm] Mayor Turner called the meeting to order. PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION Councilmember Griffin led the invocation. PRESENTATION Mayor Turner read Proclamation 2009 -07 — Sam Houston State University College Veterans Association, accepted by Jeremy Williams. PUBLIC COMMENTS (regarding agenda items only) , Ray Martin. Mr. Martin provided a PowerPoint presentation on Neighborhood Electric Vehicles. George Russell. Mr. Russell raised certain issues with the proposed franchise agreement (ordinance) with Entergy, specifically addressing property rights, tree trimming, underground utilities, and vegetation management. CONSENT AGENDA a. Approve the minutes of the City Council and Planning & Zoning Commission special joint work session held on February 28, 2009. b. Authorize the City Manager to execute the agreement with HISD to administer and conduct the HEAP Program for the 2009 summer season at a cost not to exceed $28,000 to be funded from budgeted funds. c. Authorize the City Manager to execute a one -year contract with three (3) additional one -year options to renew with American Safety and Environmental for debris removal from the City of Huntsville Disposal and Recycling Facility. d. Authorize the City Manager to execute a one -year contract with two (2) additional one (1) year options with Ashworth Air Conditioning for HVAC repair and parts as budgeted. e. Authorize the City Manager to purchase a generator from Burgoon and establish purchase orders for materials to be used at the Elkins Lake lift station site for a total not to exceed $29,190.48 to be funded from budgeted funds. f. Authorize the City Manager to purchase eight (8) In Car Video Systems from Kustom Signal and one (1) 800 MHZ vehicle radio from Motorola including installation to be purchased at time of corresponding vehicle purchase for a total amount not to exceed $37,794.90. g. Authorize the City Manager to purchase police vehicle equipment from Graphics Design, Decatur Electronics, Cop Stuff, and Fleet Safety. To be purchased at time of corresponding vehicle purchase for a total amount not to exceed $21,366.50. Councilmember Woodward moved to approve the Consent Agenda' and Councilmember Forbus seconded the motion. Councilmember Mahaffey asked if the police vehicles were budgeted for in this fiscal year [Billie Smith, Procurement Manager and Allwin Barrow, Interim Police Chief both responded affirmatively]. Councilmember Forbus requested that item 'a' be pulled, specifically the minutes of the February 28 work session in order to add more detail with respect to the discussion on zoning. Mayor Turner explained the options in adding detail at the dais versus bringing them back for consideration at a future meeting, and offered that the ' minutes be approved with Councilmember Forbus' approval of additions to the minutes as discussed. Interim Counsel Leonard Schneider reminded the Council that official minutes need to be approved by Council as a whole. Councilmember Woodward restated his original motion to approve the Consent Agenda with the exception of item `a': Councilmember Forbus re- seconded the motion The motion passed 9 -0. CITY COUNCIL MEETING of MARCH 17, 2009 BOOK "U" 195 STATUTORY AGENDA a. Presentation, discussion and /or action with respect to the first of two readings on Ordinance 2009 -30, adopting the franchise agreement between the City and Entergy, Texas, Inc.; and adopting a surcharge tariff allowing Entergy Texas, Inc. to recover incremental franchise rental fees through a surcharge calculated pursuant to the rate set forth in Subsection 11(b) of the franchise agreement. Stephen Mack, Lawton Law Firm, presented a brief overview of the "rental" franchise agreement with Entergy. After deregulation, cities noticed municipal fees collected were decreasing, and this proposed agreement attempts to return the collection level to that before deregulation. One issue in the agreement was the length of term — the company wanted 50 years, the firm was able to negotiate a 25 -year term. Other terms beneficial to the City include relocation of facilities at the utility's cost, and other provisions such as tree trimming. Entergy would not agree to certain terms, but Counsel encouraged the City to enact a right -of -way management ordinance which would require the company to comply with standards. Councilmember Forbus asked about the recently presented energy audit (light poles) and whether the two year limit would be affected. [No, as it's on a different contract]. Councilmember Woodward expressed concerns about wording of the agenda item and the best way for citizens to submit concerns (send to City Secretary for compilation and City Attorney for responses). Councilmember Mahaffey inquired if the City Attorney had reviewed the materials; Mr. Schneider stated he has no objections but did defer to hired special counsel. Councilmember Ray requested a copy of the ROW management ordinance referenced, for action on a future agenda. Councilmember Cole asked if the 25 and 50 year terms were standard. [Yes, although recently cities have been able to reduce the term length. Additionally, if another city is successful in reducing their term, Huntsville will be able to adjust to those terms as well.] Mr. Schneider reported that the ordinancelagreement meets the Charter requirements of having a term of 30 or fewer years. Mayor Turner reported that, as a first reading, no action was taken on this item. b. Presentation, discussion and /or action with respect to the Joint Election Agreement for the Regular Election to be held on May 9, 2009 with entities including the Huntsville Independent School District and Walker County. This item was pulled from the agenda pending changes requested by Walker County. ' C. Presentation, discussion and /or action with respect to presentation of proposed pilot recycling program. Carol Reed, Director of Public Utilities, gave a detailed presentation on the proposed recycling program, focusing on a pilot program to be implemented in Elkins Lake. Several Councilmembers commented positively on the potential program. Councilmember Barrett inquired as to why glass would not be included in recyclables [Breakage and use of inmate labor for sorting]; whether the City could expect support from TDCJ [Mr. Baine responded that he did receive initial support but with Wardens changing at several units, he had a backup plan with the jail]; and whether the reduction from twice to once per week pickup was factored into the costs [No]. Councilmember Griffin stated concern over citizens paying more for less — with pickup changed from twice to once per week with an increase in the monthly fee. He raised additional concerns about current access issues in certain areas of town with the implementation of the automated system. Councilmember Zender requested additional information on grant funding [HGAC has several different types of grants for facilities, staffing, equipment, etc., and staff are working with the Community Development Specialist to find grant funding sources]. She also inquired if someone could purchase an additional cart for trash pickup [Yes], and if the current costs of hauling trash (to the contracted Polk County site) would be reduced [Possible, but hard to gauge without knowing the level of participation we might have]. Mayor Turner asked what level of participation would determine success of the program [ Baine indicated 50% participation after six months would be acceptable]. Councilmember Ray thanked the staff for an excellent job in studying and developing a plan, and requested the information be put info out for 90 days. He indicated the program did not include potential offsets (in cost), but should contribute to a mind shift to a prettier, greener place to live. Councilmember Ray also thanked the audience for all wearing green in support of the'green' initiatives. Councilmember Barrett suggested public input may cover more issues that Council has not considered and suggested fliers or other informational handouts be made available at the (Elkins Lake) post office. Councilmember Forbus suggested also having town hall meetings in addition to brochures or fliers. d. Presentation, discussion and /or action with respect to presentation regarding neighborhood electric vehicle routes. City Planner Aron Kulhavy gave a brief presentation on legalities of NEV travel, and presented three options on current and potential travel routes within the City limits. Councilmember Ray commented on the 42 emails he received and responded to regarding NEVs, citing most included misinformation with respect to legalizing golf carts on City streets, safety records of NEVs, etc. He also clarified that his original idea was for staff to develop specific, designated, preferred routes for maximizing effectiveness for NEV travel, and recognized that they can travel in other areas within State law requirements. He also requested the routes be put on the City's website for citizen information and input. CITY COUNCIL MEETING of MARCH 17, 2009 BOOK "U" 196 City Manager Bill Baine mentioned up to 23 street lights will be placed in Elkins Lake commencing with me budget and coordinated with Entergy. Mr. Kulhavy stated staff are preparing proposed bicycle routes for the April 21" Council meeting and can incorporate the NEV preferred travel routes with the bike route map. Councilmember Forbus suggested including David Zellar and University representative in creating the bike routes. Councilmember Woodward requested clarification on the routes, which will be 'suggested'. The routes will be suggested only as NEVs are street legal as long as they meet State requirements. Interim Counsel Leonard Schneider requested clarification on whether Council intended on placing directional signs [Yes]. No action was taken on this item. e. Presentation, discussion and /or action with respect to the agreement with University House Apartments to allow for the construction and maintenance of various temporary recreational facilities within the dedicated right -of -way of an unoonstructed portion of Smither Drive. City Planner Aron Kulhavy gave a brief presentation on the request from University House Apartments for permission to use the right -of -way to construct a sand volleyball court and dog park until such time as the City constructs the road. They will be required to remove any improvements with thirty days' notice by the City. Mr. Kulhavy clarified that any structures placed and removed by University House Apartments would be at their cost; that the portion of road in place was built by University House Apartments and dedicated to the City; that there are no other such similar, formal agreements of this type with other entities or organizations; that there is no other current purpose (street or other) the City requires access for or to at this time. Councilmember Zander stated some concern over letting a private entity use public land for private use for free. Mayor Turner stated it would be a nice gesture if UHA would construct a sidewalk or the City could accrue some other benefit from the use of this land. Mr. Kulhavy clarified that there was the standard consideration ($10) included in the agreement. There was additional discussion about public use of the privately constructed facilities. The motion passed 9 -0. , MAYORICITY COUNCILMEMBER/CITY MANAGER a. Presentation, discussion and /or action with respect to appointment of Councilmember Zander as the City Council Liaison to the Planning & Zoning Commission. To clarify expectations, Mayor Turner stated that this liaison would attend Planning and Zoning Commission meetings to be able to brief Councilmembers, that they would be an ex -officio non - voting member, and not speak for the Council. Councilmember Zander requested a written description of the expectations of the position. The motion passed 9 -0. b. Presentation, discussion and/or action with respect to Ordinance 2009 -31, directing the establishment of a greenbelt plan and initiative. Councilmember Woodward requested clarification on the 'Whereas' clause identifying endorsement by the Council for the East Texas Piney Woods Natural Area organization. After some discussion among Council and with input from Mr. George Russell, it was determined that it was an organization as opposed to a geographical region, and that particular clause was removed from the Ordinance by amendment from Councilmember Ray Mr. Schneider requested clarification that the 90 -day time frame included subsection b [Yes]. Councilmember Barrett stated support for the concept and suggested a change to specific, restrictive wording in Section 1, stating the Code does need revisions, but preferred more general terms be incorporated, such as "the Development Code shall be amended to include green space requirements." Councilmember Ray stated that the development of this wording through the recent process in reviewing and changing the Code with respect to sidewalks. The wording in this in intended to create a default value, with the developer having the option to seek a variance. , Councilmember Barrett then posed several questions for consideration such as: what then defines a development? Is a house a development? City Manager Bill Beira stated he understood the task with which he was being tasked, and would bring forward something to emulate the better in class communities, addressing what both Councilmembers Ray and Barrett brought forward. Councilmember Barrett moved to amend Section 1 to read that "the Development Code shall be amended to include preen space requirements and Councilmember Griffin seconded the motion. CITY COUNCIL MEETING of MARCH 17, 2009 BOOK "U" 197 Councilmember Woodward stated the Ordinance should send a message that the Council would like to see enhanced green space along new development, and should be viewed only as a starting point. Councilmember Barrett continued that his intent was to also include other elements that might need addressing such as detention or retention ponds, and that the scope should be wider. Councilmember Ray clarified that the only thing the City can do with "teeth" in it is new development because of restrictions on retroactively fitting in elements. Mayor Turner stated the intent is to task the staff with developing a starting point. Councilmember Barrett withdrew the motion to amend. The original motion passed 9 -0. C. Presentation and discussion with respect to subsurface power lines. Councilmember Ray stated this item was on the agenda to bring an update forward. City Manager Bill Baine reported (citing resources as the recent downtown revitalization efforts of the City of Conroe and local utility providers) that burying utility lines costs approximately $100 per foot — with the amount we have, the cost would be approximately $125M. Councilmember Ray reported that the plan is to now fall back, and maybe approach underground utilities as sometime in the future through the Development Code. No action was taken on this item. d. City Manager Bill Baine provided a brief status report on: (1) A Letter of Intent (LOI) on potential grant funding for drainage issues; (2) Another LOI on potential grant funding for generators; (3) Pursuit of economic development funding for SH 19 improvements; (4) Refunding (refinancing) of bond issues; and (5) Spring Lake filter project. No action was taken on this item. PUBLIC COMMENTS (open) J. Tumer. Mayor Turner expressed on behalf of the Council condolences to the Lawson family. Joseph Milam. Mr. Milam addressed the Council regarding the damaging effects of electromagnetic fields, and exchanged comments with Mr. Baine regarding democracy and government. ' George Russell. Mr. Russell (1) supported Mr. Milam's contentions regarding electromagnetic fields, (2) proposed a pre -pilot recycling program that will cost nothing, stating the City staffs program will cost too much, and (3) that the Development Code should be changed with respect to underground utility lines. ADJOURNMENT (8:44pm] Mayor Turner adjourned the meeting.