MIN CC 04/07/2009CITY COUNCIL MEETING of APRIL 7. 2009 BOOK "U" 198
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.
INCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Clarence Griffin, Melissa
affey, Lanny Ray , Mac Woodward, Dalene Zender
ICERS PRESENT: Bill Baine, City Manager; Stephanie Brim, City Secretary; Interim Counsel Leonard Schneider
TO ORDER [6:OOpm]
Turner called the meeting to order.
OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION
amber Griffin led the invocation.
Mayor Turner read Proclamation 2009 -09, Confederate History and Heritage Month, accepted by representatives
of the Sons of Confederate Veterans, Jerry McGinty, Frances McGinty, Don Matthews, Woody Woods and Dr.
Tom Cole.
Mayor Turner read Proclamation 2009 -10, Fair Housing Month, accepted by Sherry McKibben, Community
' Development Specialist.
UBLIC COMMENTS (regarding agenda items only)
'ENT AGENDA
Approve the minutes of the City Council and Planning & Zoning Commission special joint work session held on
February 28, 2009 and minutes of the City Council meetings held March 3 and 17, 2009.
Approve Ordinance 2009 -31, amending the fiscal year 2008 -2009 annual budget.
Approve the Joint Election Agreement for the Regular Election to be held on May 9, 2009 with the Huntsville
Independent School District.
Approve the tax sale of trust property as submitted by Walker County Appraisal District.
Approve Ordinance 2009 -32, adopting Identity Theft Prevention Program to be effective May 1, 2009.
Authorize the City Manager to execute the Inlerlocal Agreement with Walker County approving the City's
participation in the 2009 JAG Recovery Grant and providing for disbursement of $51,246 of 2009 JAG funds to
the City if awarded.
Approve Ordinance 2009 -34, Consideration and action with respect to "An Ordinance Confirming and Approving
the Issuance of City of Huntsville, Texas General Obligation Refunding Bonds, Series 2009 and Confirming and
Approving Pricing of the Refunding Bonds.
Councilmember Woodward moved to approve the Consent Agenda' and Councilmember Forbus seconded
the motion.
Councilmember Woodward mentioned that item 'g' had already been approved, and that this document
reflected the updated principal figures.
Councilmember Mahaffey requested additional information on item 'd'; Winston Duke, Director of Finance,
responded that the Finance Department role is generally to review the history of submitted parcels for a tax
history to compare to the legitimacy of the bid. Councilmember Zander expressed concern over voting on
parcels not in the city limits.
Councilmember Forbus inquired about the final savings on the bond refunding; Bill Baine, City Manager,
responded around $40,000. Interim City Attorney Leonard Schneider stated the purpose of the ordinance [item
'g] is to reestablish the amount authorized.
The original motion passed 9 -0.
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 199
STATUTORY AGENDA
[Note: As some of the presenters were from out of town, Mayor Turner took several agenda items out of order.]
g. Presentation, discussion and /or possible action to authorize the City Manager to execute a contract to
McCreary, Veselka. Bragg and Allen, P.C. (MVBA) for collection services for City of Huntsville Municipal Ci
Councilmember Forbus seconded the motion.
Mr. Duke introduced the firm's representative, and answered some general questions on the col
process and fees being considered in the proposed contract, including up front costs and collection rates.
The motion passed 9 -0.
Presentation, discussion and /or action with respect to Resolution 2009 -09, to impose an additional fee
collection costs on fines and fees.
Councilmember Barrett clarified that approving this fee allows the City to add 30% to the fee owed,
when fees are collected, this doesn't come out of the City's bottom line. Councilmember Mahaffey stated t
another firm had been handling this process until 2004 but they weren't being monitored by staff, and than)
Susan Embry, Municipal Court Coordinator.
The motion passed 9 -0.
Presentation, discussion and /or action with respect to Resolution 2009 -04, authorizing the City Manager to ap ly
for and accept the Neighborhood Stabilization Grant through the Texas Department of Housing and Commu ty
Affairs in the amount of $1,000,000 with one -half being part of select pool allocation and one -half being par of
request for reallocation of funds.
Bill Baine, City Manager, stated the proposed program is designed to provide financing to disadvanta d
folks to be able to buy homes. He stated he anticipates oversight of the grant performed by a committee of ,
citizens to determine relative merit of each case. Dr. Sherry McKibben, Community Development Specialist,
clarified that the grant would be for removal of blighted or abandoned homes and reconstruction on those sites,
targeting assistance at those below the median area income, and adding that no residents can be displaced.
seconded the motion.
Councilmember Forbus asked about management of the grant; Mr. Baine stated a committee would han Ile
most of the administration, but the City would be required to do the paperwork/reporting, through Dr. McKibb n.
Councilmember Woodward asked about removal of blighted structures; Dr. McKibben responded that only 1 %
of the grant can be used for demolition.
Councilmember Mahaffey requested clarification on the "one -half being part of select pool allocation d
one -half being part of request for reallocation of funds "'. Dr. McKibben explained that the select pool is par of
regional group; inquired if the City has identified houses to be torn down [not yet]; if the City will decide on M io
gets the sub - grants [Mr. Baine responded that his intent is to start up a committee, that he has asked the Cou ity
to help, and has talked to tax assessor and has him on board. Mr. Baine continued that he intends to go al er
grants until the City gets a million (dollars' worth of grants) going with a goal of 100 homes in a three -y, ar
period.]. Councilmember Mahaffey continued, asking if only cities can apply? Dr. McKibben explained is
County allowed the City to apply, as they cannot because they've elected inclusion in a consortium. Discuss n
continued on how the homes have been built in the past; who will be lining in the homes; etc.
Councilmember Forbus asked if these are for people below poverty line, is financing adjusted to into ?
Dr. McKibben stated they could only be in debt 45% of their gross income, and described briefly a few optic is
for financing. Mr. Forbus asked who holds the note? Dr. McKibben responded it depends on the program z id
the individual /family's financial ability, but the City would not hold the note. Mr. Baine added that this gran is
targeted at the working poor.
Councilmember Woodward mentioned a few elements of the grant and process, such as it functions like n
interim loan program, and that the owner would have to be approved before construction, etc., adding he thou ht
it sounds like a reasonable deal.
Councilmember Cole stated there must be more detail than a single sheet (as far as paperwork for ie
grant), and asked how is blight defined? Mr. Baine stated the City wouldn't seize abandoned properti s. '
Councilmember Cole reiterated the City does not have a good track record of defining blighted areas and that ie
will vote against this measure as he sees an avenue for abuse.
Mayor Turner asked if payment of taxes is a criterion? Dr. McKibben responded that a site can be cal d
blighted if it is a health /safety issue even if taxes are paid. Councilmember Ray followed with a statement t at
there must be pretty rigid standards [Dr. McKibben = yes]; do they specifically define use [Dr. McKibben = y ];
and inquired if the Council might review standards for more information? Mr. Baine responded that there ii a
time limit on this grant, and that he didn't understand the business on the lots. Councilmember Ray stated po
one questions the need for housing but did inquire as to what will be the standard and who will enfor ?
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 200
details. Councilmember Mahaffey requested that Counsel review the details more in -depth although agreeing
that the City needs housing for poor people. Mr. Baine stated he didn't understand how federal grants are a
liability as they are used all over Texas.
Councilmember Mahaffey reminded that any administration takes our staff, salaries and benefits are
spread thin, and that needed to be taken into consideration. Councilmember Barrett stated he would hate to
see this not move forward, stating the City could move forward and ask for more information, and then if the
Council is not satisfied they can always pull the application and send the money back. Councilmember Ray
agreed, stating that he did not see any potential liability.
Mr. Schneider asked if there were performance criteria [yes], penalties for failure to meet [probably], and
that the City needs someone with experience to manage the grants.
Councilmember Zander stated being somewhat uncomfortable with accepting at this time, and moved to
amend the motion to delete word the word 'accept'. Councilmember Barrett raised a point of order that the vote
had already been called for.
The motion passed 6 -3 with Councilmembers Cole Mahaffey and Zander voting against
Presentation, discussion andlor action with respect to Resolution 2009 -05, authorizing the City Manager to apply
for and accept the Eastham- Thomason Park Improvements Grant through Texas Parks and Wildlife Texas
Recreational Trails Fund in the amount of $250,868 with a 20% in -kind match.
Councilmember Woodward moved to approve and Councilmember Cole seconded the motion.
Matt Lumpkins, Interim Director of Community Services, gave a brief overview of the proposed
improvements if the grant is received.
The motion passed 9 -0.
Presentation, discussion and /or action with respect to Resolution 2009 -06, authorizing the City Manager to apply
for and accept the Design and Engineering Study for Highway 19 Grant through the Economic Development
Administration in the amount of $2,000,000 with a 20% cash and in -kind match.
Mr. Baine gave a brief overview, stating the main objective is to get the engineering done.
Councilmember Woodward asked if the City can use this as part of the match if needed for construction?
[Mr. Baine responded that it depends on whether it's state or federal funds]; whether it is in this year's budget or
next? [Dr. McKibben = depends on when we submit it, the grant is ongoing but also first come first served]; and
whether it's in the General Fund? [Mr. Duke = yes, Council would have to appropriate from fund balance].
Councilmember Mahaffey stated concerns that the study might be obsolete once the State added this to
their long list of projects. Mr. Baine discussed his lobbying efforts with State Representative Lois Kolkhorst.
Councilmember Forbus suggested a media blitz telling what a death trap this (highway section) is, to be
aggressive, and let the Walker Free Press report on how dangerous the street is. Councilmember Ray stated this
was a worthy project. Some Councilmembers continued to express concern that the State would not act on any
plans even if a study were completed. Mayor Turner reported that as a member of the HGAC Board, this item
has been brought to their attention and they are supportive.
Discussion continued on the study, the cost of the study and the proposed changes, and that the scope of
work had changed to reduce the cost.
The motion passed 7 -2 with Councilmembers Mahaffey and Cole voting against
Presentation, discussion and /or action with respect to Resolution 2009 -07, authorizing the City Manager to apply
for and accept a Water Well Generator grant through FEMA in the amount of $1,400,000 with a 25% cash and
in -kind match.
Mr. Baine requested a change in the amount to $971,992 (from $1.4M).
Councilmember Ray inquired as to how many times an emergency happens. Mr. Baine responded that he
is selectively improving parts of the water system, trying to put all water wells on generators so we can support
citizens and other customers, but that he has no idea how often they occur.
Mr. Duke responded to questions about funding, stating that the match would have to come from the Water
' Fund. Councilmember Ray asked if the expense could be spread out over two years. Mr. Baine slated the
deadline was this Friday, April 10, 2009. Councilmember Mahaffey raised a concern over the reality of in -house
staff providing labor for in -kind portion of match. Additional discussion centered on fuel, use of the generators
during non - emergency time, etc.
The motion passed 7 -2 with Councilmembers Mahaffey and Ray voting against.
Presentation, discussion and /or action with respect to Resolution 2009 -08, authorizing the City Manager to apply
for and accept the Town Creek Drainage Grant through FEMA in the amount of $11,100,000 with a 25% cash
and in -kind match.
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 201
Tom Wager, Project Manager, gave a detailed presentation on the current status of drains
concentrating on Town Creek, comparing current issues to the last drainage study [1975].
Mayor Turner requested clarification on the work done recently at 13th Street and where the State (TXC
had recently doe work; Mr. Wager responded that those were up to date. Mayor Turner also stated he did not
how our City can afford $1,000,000 out of pocket, and especially when the majority of the major issues v
located beneath the County's property. Mr. Wager restated that the drainage structures were woefully inadegi
even in the 1975 study, and that the study is the most important part of getting the grant done. Mr. We
continued that there are problems, and that they are going to continue, and the City would address them as n
on an emergency repair basis. Mayor Turner asked if when the City performs repairs on non - public property
the owners asked for financial reparations? [Mr. Wager = not to my knowledge.]
Councilmember Ray pointed out that for an expenditure of this size (over $300,000), the Council could
vote on it at this meeting under Council Rules of Procedure §3.16.c.
Councilmember Barrett stated for the next discussion he had questions about property ov
responsibility, considering applying for the grant for the study instead of the study and plan, ensuring the mull
stakeholders (University, City, County, private landowners, etc.) all have say in the solution, how much the
has been spending annually in emergency repairs, all possible solutions (like mentioned detention ponds),
He thanked Mr. Weger for the presentation.
Mr. Baine said he would not be talking about it again, that the FEMA money would be going away.
Councilmember Cole suggested having the local entities get together for a congress.
Councilmember Woodward stated that just because the grant goes away, the problem doesn't.
continued that the Council recently sat down and fixed the underserved areas (wastewater), and needs to do
as well.
No action was taken on this item.
MAYORICITY COUNCILMEMBERICITY MANAGER
a. Presentation, discussion and /or action with respect to City Secretary replacement.
To be discussed in Executive Session.
b. Presentation, discussion and /or action with respect to Mayor and Councilmember compensation.
Councilmember Griffin proposed that Councilmembers voluntarily relinquish their salaries, stating it v
have to be voluntary since the Council cannot change the Charter. Mayor Turner suggested it could be incl
in the Charter Review in the next few months. Councilmember Ray gave his current check to Councilme
Barrett. Mayor Turner and Councilmember Zander emphasized that the Council has cut back its budget by
through the last couple of budget processes.
No action was taken on this item.
c. Presentation, discussion and /or action with respect to removal of Stop Signs on Veterans
Woodward Drive, Smither Drive, and Daisy Lane. -
Mr. Baine asked that Allwin Barrow, Interim Chief of Police, talk about removing stop signs. Mr. Bai
suggested a study or review of the sight distances, stating that people are creatures of habit, and there is
potential for issues when you remove a stop sign, stating there may be some potential unforeseen impact.
Councilmember Ray clarified he had not included a time limit in the motion.
Mr. Barrow continued that there has been some preliminary review, discussing the potential for the roa
be a revenue producer, but also stating there was not a lot of enforcement on that road currently because tl
are not many accidents.
Councilmember Barrett offered his observations in the form of an informal tally of the number of pei
stopping at these particular intersections, and stated he would like to see it studied for hazards, but people
stop are usually stopping for no reason.
The motion passed 8-1 with Councilmember Cole voting against.
d. City Manager Status Report presentation and discussion on: [ Baine] I
(1) Tree Planting Project with Dan Phillips. Mr. Phillips recommended reinstating the tree planting yin '
memoriam project that the City had at one time conducted, stating Helen Belcher would be happy to h Ip
get the program started again.
(2) Discuss City priorities. Mr. Baine stated that Mr. Pena had put together a draft list of what he's working n
and requested Council feedback on prioritization.
(3) Discuss more housing. Mr. Baine reported on the possibility of $900,000 Office of Rural Commur ty
Affairs (ORCA) grant that he intends to seek, although he will ask that ORCA administer the grant. I
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 202
development grant for the West Hills Park development paid by the landowner or someone other than the
City.
(5) Update: FEMA Recovery. Mr. Baine reported that the reimbursements so far are approximately a half
million dollars short, that he intends to meet next week or week after with State Representative Lois
Kolkhorst to pry the City's money out of there.
(6) Community Agency Funding Policy. Mr. Baine reported the DRAFT policy was included in the packet, and
requested Council feedback, stating that Mr. Pena had developed the document and it had already been
chopped up through several committees.
No action was taken on these items.
LIC COMMENTS (open)
By arber. Mr. Barber read a letter that had been submitted to the Item twice but was not published.
Roberts. Mr. Roberts expressed concern over agenda items c, d, e — stating it looks like lot of benefactors
*holders "] appear to be getting a small proportionate amount to in -kind contributions, referencing overload and
levels of stress put on City services.
Woodward. Mr. Woodward stated the full agenda was not on the web, only the first 70 pages, stating it was
d to stick it in front of someone on a Thursday to vote on Tuesday.
KECUTIVE SESSION [9:21- 9:47pm]
dy Council conducted a closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 —
arsonnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
public officer or employee; specifically with respect to City Secretary replacement.
ECONVENE AND ADJOURNMENT [9:47pm]
' ity Council reconvened in Open Session. Mayor Turner stated that no action would be taken as a o�e It / te
xecutive Session discussion and adjourned the meeting.
NUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7TH DAY OF APRIL, 2009, IN THE
FY 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:
INCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Clarence Griffin, Melissa
affey, Lanny Ray , Mac Woodward, Dalene Zender
ICERS PRESENT: Bill Baine, City Manager; Stephanie Brim, City Secretary; Interim Counsel Leonard Schneider
TO ORDER [6:OOpm]
Turner called the meeting to order.
OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION
amber Griffin led the invocation.
' PRESENTATIONS
Mayor Turner read Proclamation 2009 -09, Confederate History and Heritage Month, accepted by representatives
of the Sons of Confederate Veterans, Jerry McGinty, Frances McGinty, Don Matthews, Woody Woods and Dr.
Tom Cole.
b. Mayor Turner read Proclamation 2009 -10, Fair Housing Month, accepted by Sherry McKibben, Community
Development Specialist.
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 203
PUBLIC COMMENTS (regarding agenda items only)
None.
CONSENT AGENDA
a. Approve the minutes of the City Council and Planning & Zoning Commission special joint work session held
n
February 28, 2009 and minutes of the City Council meetings held March 3 and 17, 2009.
b. Approve Ordinance 2009 -31, amending the fiscal year 2008 -2009 annual budget.
C. Approve the Joint Election Agreement for the Regular Election to be held on May 9, 2009 with the Huntsv
Ile
Independent School District.
d. Approve the tax sale of trust property as submitted by Walker County Appraisal District.
e. Approve Ordinance 2009 -32, adopting Identity Theft Prevention Program to be effective May 1, 2009.
f. Authorize the City Manager to execute the Interlocal Agreement with Walker County approving the Ci
's
participation in the 2009 JAG Recovery Grant and providing for disbursement of $51,246 of 2009 JAG funds
to
the City if awarded.
g. Approve Ordinance 2009 -34, Consideration and action with respect to "An Ordinance Confirming and Approv
ig
the Issuance of City of Huntsville, Texas General Obligation Refunding Bonds, Series 2009 and Confirming 4
id
Approving Pricing of the Refunding Bonds.
Councilmember Woodward mentioned that item 'g' had already been approved, and that this docum nt
reflected the updated principal figures.
Councilmember Mahaffey requested additional information on item 'd" Winston Duke, Director of Finan e,
responded that the Finance Department role is generally to review the history of submitted parcels fora ax
history to compare to the legitimacy of the bid. Councilmember Zander expressed concern over voting n
parcels not in the city limits.
Councilmember Ray moved to pull item 'd' from the Consent Agenda for further information E id ,
Councilmember Mahaffey seconded the motion. The amendment passed 9 -0.
Councilmember Forbus inquired about the final savings on the bond refunding; Bill Baine, City Mana r,
responded around $40,000. Interim City Attorney Leonard Schneider stated the purpose of the ordinance [it m
'g'] is to reestablish the amount authorized.
The original motion passed 9 -0.
STATUTORY AGENDA
[Note: As some of the presenters were from out of town, Mayor Turner took several agenda items out of order.]
g. Presentation, discussion and /or possible action to authorize the City Manager to execute a contract to
McCreary, Veselka, Bragg and Allen, P.C. (MVBA) for collection services for City of Huntsville Municipal C
Mr. Duke introduced the firm's representative, and answered some general questions on the co
process and fees being considered in the proposed contract, including up front costs and collection rates.
The motion passed 9 -0.
Presentation, discussion and /or action with respect to Resolution 2009 -09, to impose an additional fee
collection costs on fines and fees.
Councilmember Barrett clarified that approving this fee allows the City to add 30% to the fee owed, so
when fees are collected, this doesn't come out of the City's bottom line. Councilmember Mahaffey stated that
another firm had been handling this process until 2004 but they weren't being monitored by staff, and thanked
Susan Embry, Municipal Court Coordinator.
The motion passed 9 -0. '
a. Presentation, discussion and/or action with respect to Resolution 2009 -04, authorizing the City Manager to ap ly
for and accept the Neighborhood Stabilization Grant through the Texas Department of Housing and Commun ty
Affairs in the amount of $1,000,000 with one -half being part of select pool allocation and one -half being part of
request for reallocation of funds.
Bill Baine, City Manager, stated the proposed program is designed to provide financing to disadvanta d
folks to be able to buy homes. He stated he anticipates oversight of the grant performed by a committee of
citizens to determine relative merit of each case. Dr. Sherry McKibben, Community Development Special t,
f:
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U"
targeting assistance at those below the median area income, and
that no residents can be
204
Councilmember Forbus asked about management of the grant; Mr. Baine stated a committee would handle
most of the administration, but the City would be required to do the paperwork/reporting, through Dr. McKibben.
Councilmember Woodward asked about removal of blighted structures; Dr. McKibben responded that only 10%
of the grant can be used for demolition.
Councilmember Mahaffey requested clarification on the "one -half being part of select pool allocation and
one -half being part of request for reallocation of funds' ". Dr. McKibben explained that the select pool is part of
regional group; inquired if the City has identified houses to be torn down [not yet]; if the City will decide on who
gets the sub - grants [Mr. Baine responded that his intent is to start up a committee, that he has asked the County
to help, and has talked to tax assessor and has him on board. Mr. Baine continued that he intends to go after
grants until the City gets a million (dollars' worth of grants) going with a goal of 100 homes in a three -year
period.]. Councilmember Mahaffey continued, asking if only cities can apply? Dr. McKibben explained the
County allowed the City to apply, as they cannot because they've elected inclusion in a consortium. Discussion
continued on how the homes have been built in the past; who will be lining in the homes; etc.
Councilmember Forbus asked if these are for people below poverty line, is financing adjusted to income?
Dr. McKibben stated they could only be in debt 45% of their gross income, and described briefly a few options
for financing. Mr. Forbus asked who holds the note? Dr. McKibben responded it depends on the program and
the individual /family's financial ability, but the City would not hold the note. Mr. Baine added that this grant is
targeted at the working poor.
Councilmember Woodward mentioned a few elements of the grant and process, such as it functions like an
interim loan program, and that the owner would have to be approved before construction, etc., adding he thought
it sounds like a reasonable deal.
Councilmember Cole stated there must be more detail than a single sheet (as far as paperwork for the
grant), and asked how is blight defined? Mr. Baine stated the City wouldn't seize abandoned properties.
Councilmember Cole reiterated the City does not have a good track record of defining blighted areas and that he
will vote against this measure as he sees an avenue for abuse.
Mayor Turner asked if payment of taxes is a criterion? Dr. McKibben responded that a site can be called
blighted if it is a health /safety issue even if taxes are paid. Councilmember Ray followed with a statement that
there must be pretty rigid standards [Dr. McKibben = yes]; do they specifically define use [Dr. McKibben = yes];
and inquired if the Council might review standards for more information? Mr. Baine responded that there is a
time limit on this grant, and that he didn't understand the business on the lots. Councilmember Ray stated no
one questions the need for housing but did inquire as to what will be the standard and who will enforce?
Discussion continued at length on the City taking property, the standard of what blighted property is, and other
details. Councilmember Mahaffey requested that Counsel review the details more in -depth although agreeing
that the City needs housing for poor people. Mr. Baine stated he didn't understand how federal grants are a
liability as they are used all over Texas.
Councilmember Mahaffey reminded that any administration takes our staff, salaries and benefits are
spread thin, and that needed to be taken into consideration. Councilmember Barrett stated he would hate to
see this not move forward, stating the City could move forward and ask for more information, and then if the
Council is not satisfied they can always pull the application and send the money back. Councilmember Ray
agreed, stating that he did not see any potential liability.
Mr. Schneider asked if there were performance criteria [yes], penalties for failure to meet [probably], and
that the City needs someone with experience to manage the grants.
Councilmember Zender stated being somewhat uncomfortable with accepting at this time, and moved to
amend the motion to delete word the word 'accept'. Councilmember Barrett raised a point of order that the vote
had already been called for.
The motion passed 6 -3 with Councilmembers Cole Mahaffey and Zander voting against
Presentation, discussion and /or action with respect to Resolution 2009 -05, authorizing the City Manager to apply
for and accept the Eastham- Thomason Park Improvements Grant through Texas Parks and Wildlife Texas
Recreational Trails Fund in the amount of $250,868 with a 20% in -kind match.
Councilmember Woodward moved to approve and Councilmember Cole seconded the motion.
Matt Lumpkins, Interim Director of Community Services, gave a brief overview of the proposed
improvements if the grant is received.
The motion passed 9 -0.
Presentation, discussion and /or action with respect to Resolution 2009 -06, authorizing the City Manager to apply
for and accept the Design and Engineering Study for Highway 19 Grant through the Economic Development
Administration in the amount of $2,000,000 with a 20% cash and in -kind match.
Councilmember Forbus moved to approve Resolution 2009 -06, authorizing the City Manager to apply for
and accept the Design and Engineering Study for Highway 19 Grant through the Economic Development
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 205
Mr. Baine gave a brief overview, stating the main objective is to get the engineering done.
Councilmember Woodward asked if the City can use this as part of the match if needed for construct
[Mr. Baine responded that it depends on whether it's state or federal funds]; whether it is in this year's budge
next? [Dr. McKibben = depends on when we submit it, the grant is ongoing but also first come first served];
whether it's in the General Fund? [Mr. Duke = yes, Council would have to appropriate from fund balance].
Councilmember Mahaffey stated concerns that the study might be obsolete once the State added th
their long list of projects. Mr. Baine discussed his lobbying efforts with State Representative Lois Kolkhorst.
Councilmember Forbus suggested a media blitz telling what a death trap this (highway section) is, h
aggressive, and let the Walker Free Press report on how dangerous the street is. Councilmember Ray stated
was a worthy project. Some Councilmembers continued to express concern that the State would not act on
plans even if a study were completed. Mayor Turner reported that as a member of the HGAC Board, this
has been brought to their attention and they are supportive.
Discussion continued on the study, the cost of the study and the proposed changes, and that the scot
work had changed to reduce the cost.
The motion passed 7 -2 with Councilmembers Mahaffey and Cole voting against.
d. Presentation, discussion and /or action with respect to Resolution 2009 -07, authorizing the City Manager to e
for and accept a Water Well Generator grant through FEMA in the amount of $1,400,000 with a 25% cash
in -kind match.
or
to
Mr. Baine requested a change in the amount to $971,992 (from $1.4M).
Councilmember Ray inquired as to how many times an emergency happens. Mr. Baine responded that ie
is selectively improving parts of the water system, trying to put all water wells on generators so we can sup rt
citizens and other customers, but that he has no idea how often they occur. ,
Mr. Duke responded to questions about funding, stating that the match would have to come from the WE er
Fund. Councilmember Ray asked if the expense could be spread out over two years. Mr. Baine stated le
deadline was this Friday, April 10, 2009. Councilmember Mahaffey raised a concern over the reality of in-hot se
staff providing labor for in -kind portion of match. Additional discussion centered on fuel, use of the general rs
during non - emergency time, etc.
The motion passed 7 -2 with Councilmembers Mahaffey and Ray voting against.
e. Presentation, discussion and /or action with respect to Resolution 2009 -08, authorizing the City Manager to
for and accept the Town Creek Drainage Grant through FEMA in the amount of $11,100,000 with a 25%
and in -kind match.
Tom Weger, Project Manager, gave a detailed presentation on the current status of drains e,
concentrating on Town Creek, comparing current issues to the last drainage study [1975].
Mayor Turner requested clarification on the work done recently at 13th Street and where the State (TXD (:T)
had recently doe work; Mr. Weger responded that those were up to date. Mayor Turner also stated he did not E ae
how our City can afford $1,000,000 out of pocket, and especially when the majority of the major issues w re
located beneath the County's property. Mr. Weger restated that the drainage structures were woefully inadequ to
even in the 1975 study, and that the study is the most important part of getting the grant done. Mr. We er
continued that there are problems, and that they are going to continue, and the City would address them as n
on an emergency repair basis. Mayor Turner asked if when the City performs repairs on non - public propertyl re
the owners asked for financial reparations? [Mr. Weger = not to my knowledge.]
Councilmember Ray pointed out that for an expenditure of this size (over $300,000), the Council could of
vote on it at this meeting under Council Rules of Procedure 43.16.c.
Councilmember Barrett stated for the next discussion he had questions about property owi er
responsibility, considering applying for the grant for the study instead of the study and plan, ensuring the multi le
stakeholders (University, City, County, private landowners, etc.) all have say in the solution, how much the Gity
has been spending annually in emergency repairs, all possible solutions (like mentioned detention ponds), EIC.
He thanked Mr. Weger for the presentation. ,
Mr. Baine said he would not be talking about it again, that the FEMA money would be going away.
Councilmember Cole suggested having the local entities get together for a congress.
Councilmember Woodward stated that just because the grant goes away, the problem doesn't. lie
continued that the Council recently sat down and fixed the underserved areas (wastewater), and needs to do t is
as well
No action was taken on this item.
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 206
Presentation, discussion and/or action with respect to City Secretary replacement.
To be discussed in Executive Session.
Presentation, discussion and /or action with respect to Mayor and Councilmember compensation.
Councilmember Griffin proposed that Councilmembers voluntarily relinquish their salaries, stating it would
have to be voluntary since the Council cannot change the Charter. Mayor Turner suggested it could be included
in the Charter Review in the next few months. Councilmember Ray gave his current check to Councilmember
Barrett. Mayor Turner and Councilmember Zander emphasized that the Council has cut back its budget by 40%
through the last couple of budget processes.
No action was taken on this item.
Presentation, discussion and /or action with respect to removal of Stop Signs on Veterans Memorial at
Woodward Drive, Smither Drive, and Daisy Lane.
Mr. Baine asked that Allwin Barrow, Interim Chief of Police, talk about removing stop signs. Mr. Barrow
suggested a study or review of the sight distances, stating that people are creatures of habit, and there is the
potential for issues when you remove a stop sign, stating there may be some potential unforeseen impact.
Councilmember Ray clarified he had not included a time limit in the motion.
Mr. Barrow continued that there has been some preliminary review, discussing the potential for the road to
be a revenue producer, but also stating there was not a lot of enforcement on that road currently because there
are not many accidents.
Councilmember Barrett offered his observations in the form of an informal tally of the number of people
stopping at these particular intersections, and stated he would like to see it studied for hazards, but people that
stop are usually stopping for no reason.
The motion passed 8 -1 with Councilmember Cole voting against
LIC COMMENTS (open)
By arber. Mr. Barber read a letter that had been submitted to the Item twice but was not published.
Roberts. Mr. Roberts expressed concern over agenda items c, d, e — slating it looks like lot of benefactors
;kholders "] appear to be getting a small proportionate amount to in -kind contributions, referencing overload and
levels of stress put on City services.
i Woodward. Mr. Woodward stated the full agenda was not on the web, only the first 70 pages, stating it was
d to stick it in front of someone on a Thursday to vote on Tuesday.
XECUTIVE SESSION [9:21- 9:47pm]
ity Council conducted a closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 —
ersonnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
public officer or employee; specifically with respect to City Secretary replacement.
ONVENE AND ADJOURNMENT [9:47pm]
Council reconvened in Open Session. Mayor Turner stated that no action would be taken as a result of the
utive Session discussion and adjourned the meeting.
City Manager Status Report presentation and discussion on: [Baine]
(1) Tree Planting Project with Dan Phillips. Mr. Phillips recommended reinstating the tree planting in
memoriam project that the City had at one time conducted, stating Helen Belcher would be happy to help
get the program started again.
(2) Discuss City priorities. Mr. Baine stated that Mr. Pena had put together a draft list of what he's working on
and requested Council feedback on prioritization.
(3) Discuss more housing. Mr. Baine reported on the possibility of $900,000 Office of Rural Community
Affairs (ORCA) grant that he intends to seek, although he will ask that ORCA administer the grant.
(4) Discuss possibility of EDA Grant. Mr. Baine reported he is trying to get the match for a possible Economic
development grant for the West Hills Park development paid by the landowner or someone other than the
City.
(5) Update: FEMA Recovery. Mr. Baine reported that the reimbursements so far are approximately a half
million dollars short, that he intends to meet next week or week after with State Representative Lois
Kolkhorst to pry the City's money out of there.
(6) Community Agency Funding Policy. Mr. Baine reported the DRAFT policy was included in the packet, and
requested Council feedback, stating that Mr. Pena had developed the document and it had already been
chopped up through several committees.
No action was taken on these items.
LIC COMMENTS (open)
By arber. Mr. Barber read a letter that had been submitted to the Item twice but was not published.
Roberts. Mr. Roberts expressed concern over agenda items c, d, e — slating it looks like lot of benefactors
;kholders "] appear to be getting a small proportionate amount to in -kind contributions, referencing overload and
levels of stress put on City services.
i Woodward. Mr. Woodward stated the full agenda was not on the web, only the first 70 pages, stating it was
d to stick it in front of someone on a Thursday to vote on Tuesday.
XECUTIVE SESSION [9:21- 9:47pm]
ity Council conducted a closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 —
ersonnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
public officer or employee; specifically with respect to City Secretary replacement.
ONVENE AND ADJOURNMENT [9:47pm]
Council reconvened in Open Session. Mayor Turner stated that no action would be taken as a result of the
utive Session discussion and adjourned the meeting.
CITY COUNCIL MEETING of APRIL 7, 2009 BOOK "U" 207
i