MIN CC 06/02/2009CITY COUNCIL MEETING of JUNE 2, 2009 BOOK "U"
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, Melissa Mahaffey, Lanny
Ray, Mac Woodward, Jack Wagamon and Dalene Zender
OFFICERS PRESENT: Bill Baine, City Manager; Kristin Edwards, Interim 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 Barrett led the invocation.
PUBLIC HEARING
To receive public input on a request for a change in zoning classification from Neighborhood Conservation (NC) to
Management (M) for real property located at 49 State Highway 75 North, within the city limits of Huntsville in the Far
Hills Addition, Section 2. Requestor James Baine, CEO of First State Bank of Huntsville.
' First State Bank consultant Tommy Honea addressed the bank's request and the work which led up to the
request. Honea stated that the purpose of the request was to center the bank on the piece of property it rests
on and to gain access to Stale Highway 75.
PUBLIC COMMENTS (regarding agenda items only)
Two public comments related to Agenda Items were submitted.
George Russell addressed Item 7e, stating his opinion that the Huntsville Public Library is under - utilized,
libraries in general are obsolete, and the use of taxpayer dollars to expand the public library would be
unjustified.
Charles W. Smither, Jr. addressed Item 5e, expressing his concern that usable sidewalks should not be
replaced when other locations in Huntsville require sidewalk construction.
CONSENT AGENDA
a. Approve the minutes of the City Council meetings held on May 19, 2009. [Ann Smith, Interim City
Secretary] pages 1-4
b. Adopt Resolution #2009 -14, authorizing the City Manager to apply for and accept, if awarded, the
Houston - Galveston Area Council Solid Waste Management Grant for Recycling Carts, not to exceed
$324,000 with no matching requirements. [ Carol Reed, Director of Public Utilities]
c. Adopt Resolution #2009 -15, authorizing the City Manager to apply for and accept, if awarded, the
Houston - Galveston Area Council Solid Waste Management Grant for Recycling Center Improvements,
not to exceed $250,000 with no matching requirements. [Reed]
d. Adopt Resolution #2009 -16, authorizing the City Manager to apply for and accept, if awarded, the
Houston - Galveston Area Council Solid Waste Management Grant for Recycling Center Equipment, not
to exceed $350,000 with no matching requirements. [Reed]
e. Award of bid to Encino Landscape, Inc. in the amount of $123,652.51 for improvements the School CIP
Sidewalk (Avenue J, 9' Street, University Avenue) for the construction of a 5 fool concrete sidewalk and
handicap ramps. [Tom Weger, Projects Manager]
f. Authorize the City Manager to execute a one -year contract with three (3) additional one -year options to
new with Petroleum Traders and ability to select a secondary vendor during delivery failure for the
periodic purchase of fuel to be delivered to the City of Huntsville. [Victor Pena, Asst. City Manager]
g. Authorize the City Manager to execute a two (2) year contract with the option to renew two (2) additional
two (2) year terms with Ink Stingers, Cintas and Buy Board for rental and cleaning of City uniforms and
mats with a purchase program for City jackets, t -shirts and caps. [Pena]
18801]
CITY COUNCIL MEETING of JUNE 2, 2009 BOOK "U"
Councilmember Ray moved to approve Item 'e', awarding a bid to Encino Landscape or
improvements on School CIP Sidewalks in the amount of $123,652.51 in order to open discussi n,
and Councilmember Forbus seconded the motion.
Councilmember Ray requested additional detail from Projects Manager Tom Wager about ie
improvements. Wager indicated that Huntsville sidewalks in general currently require improvem t,
and the cost of keeping sidewalk segments as opposed to building whole new structures is of
cost - effective.
Councilmember Mahaffey asked how many feet would be included in the improvements, to wh an
Wager responded approximately 2,300 to 2,400 feet of sidewalks would be included.
Councilmember Forbus asked if the area included in the Item was the most critical area in
Huntsville, and Wager indicated that the area (located near Mance Park Middle School) was u$ d
by a significant number of children walking to the campus and was therefore a critical area to
consider.
The motion to approve Item 'a' passed 8 -1 with Councilmember Cole voting against the motion.
STATUTORY AGENDA
a. Discussion and /or action on a request for a change in zoning classification from Neighborhood Conser
(NC) to Management (M) for real property located at 49 State Highway 75 North, within the city limits of
Huntsville in the Far Hills Addition, Section 2. Requestor James Baine, CEO of First State Bank of
Huntsville. [Aron Kulhavy, City Planner]
Councilmember Woodward applauded the efforts of City Manager Bill Baine and all others involy d
in the process leading up to the zoning classification change, and Councilmember Wagamon ,
praised First State Bank for its role in the Huntsville community.
Councilmember Mahaffey stated that the item indicated a positive move on State Highway 75 fr m
being a primarily residential area to a commercial area.
The motion passed 8 -0 with Councilmember Cole abstaining.
c. Presentation, discussion, and/or action to rescind City Council action on May 5, 2009 authorizing the
Manager to execute the TxDOT Advance Funding Agreement for modifications of existing r
medians on Highway 30 at I1-1-45. [Mayor Pro -Tem Lanny Ray]
Councilmember Woodward moved to approve Item 'c,' and Councilmember Barrett seconded the motion
Councilmember Ray opened discussion of the item by defining the area included in Item 'c' -
le
median which separates the north and south side of 11� Street at its intersection with Interstate
5
- and said the TxDOT request was to modify the median to provide access to the Skipper's on
le
south side of the street. Councilmember Ray re- visited several items discussed on May 5, includ
ig
whether or not the change would affect the left -turn lane at the intersection. Ray said he visited
ie
intersection and it appeared that a modification of approximately 60 feet would need to be m
e
to the median to create a turn lane. As he felt some of the facts originally presented with respec
to
the item may have been erroneous, Ray said he wanted to put Item 'c' back on the agenda and
have a full discussion with accurate facts before making a decision.
Ray also indicated that his impression was that the City Council was deciding not whether or no
Ito
allow the modification, but whether the City should incur part of the cost required.
City Manager Baine confirmed that a Council vote was required before the modification could
e
carried out.
Councilmember Ray said there were both pros and cons to approving the modification, includ
ig
the likelihood of an increase in sales tax with the modifications in place and additional traffic
concerns to consider. Though personally unopposed to the turn lane, Ray said the issue
came down to deciding whether subsidizing the modification was the best decision.
Councilmember Mahaffey said she had concerns about paying for the modifications for one Spec
fic
business and that she thought the changes might constitute a public safety hazard.
Mayor Turner addressed Councilmember Ray about the possibility of bifurcating the item, and
y
responded that the Council would need to find out if that was possible.
'
Interim Counsel Leonard Schneider said that if the business owner wished to pay for the
modifications, the City could enter into an inter -local agreement with the owner provided the
business was willing to sign a letter of credit for the full amount of the construction costs.
221
CITY COUNCIL MEETING of JUNE 2, 2009 BOOK "U"
City could decide against that.
Councilmember Cole said the modifications would not make the intersection any more dangerous
than any other freeway intersection and the Council should help the business as much as possible.
Councilmember Forbus said TxDOT had approved the modifications, so safety was not a concern,
but that he did not feel the City should pay for the modifications.
City Manager Baine said the business owner had paid $34,000 of the construction casts to the City.
He also mentioned the option of adding an additional lane to the intersection and suggested a
future work session on the topic.
Councilmember Barrett discussed the traffic around the median, and he also said he felt that the
City should allow the modifications because they made the decision previously.
Councilmember Zander said she voted against the modifications originally and intended to vote
against them again on the basis that the modifications did not seem practical.
Councilmember Wagamon said he would only want to vote on the Item if it could be bifurcated, and
Mayor Turner indicated that action would require a motion.
Councilmember Barrett said he did not believe the Council should rescind their pledge to assist in
the costs of the Item.
Councilmember Ray said two major facts had changed including the basis of the Item and the
presence of costs to be incurred by the City - two fads which he said justified revisiting the
Item. Councilmember Mahaffey agreed.
Interim Counsel Leonard Schneider suggested convening an Executive Session to discuss the Item
further in terms of legal advice.
EXECUTIVE SESSION [6:45 - 6:50 p.m.]
City Council conducted a closed session as authorized by Texas Government Code, Chapter 551, Section
' 551.074 — specifically to receive legal counsel from Interim Counsel Schneider on Item 'c.'
Council reconvened at 6:50 p.m., and Mayor Turner said a motion was on the table to split Item 'c
into two parts, which included one part related to modifications of the median and a second part
related to a payment method for the easement.
The motion passed with a 5 -4 vote with Councilmembers Mahaffey, Zander Cole and Barrett voting against
the motion.
Turner called for discussion on the first part of the Item, the motion to approve modification to the
median, and then called for a vote.
The original motion passed with a 7 -2 vote with Councilmembers Mahaffey and Zander voting against the
motion.
Turner called for a second discussion related to a funding mechanism for the modifications and
asked for a motion.
against the motion.
Turner called for other motions related to funding mechanisms, and none were suggested.
Turner concluded that the Council had approved the modifications but had not committed to any
funding mechanisms.
d. Presentation, discussion, and /or action with respect allowing the City Manager to execute a Purchase
Order for cleaning, acidizing, minor patching and 2 "" remote camera viewing to determine resolution of
Water Well #14 and accepting bids for repair. [Pena]
Councilmember Ray made a motion to suspend Council rules in order to Potentially vote on an Item with a
cost of over $300,000, and Councilmember Woodward seconded the motion.
' Councilmember Woodward asked for additional information, to which Water Superintendent Jason
Pierce responded with a slideshow presentation. Pierce covered the costs which would be
necessary to repair Water Well #14.
Interim Counsel Schneider confirmed that the expenditure was not a part of the annual budget and
would therefore be considered an emergency appropriation, which would have to be passed in the
form of an ordinance. Schneider suggested changing Resolution 2009 -18 into an Ordinance which
would satisfy Council code requirements with a 2/3 vote.
222
CITY COUNCIL MEETING of JUNE 2, 2009 BOOK "U"
Councilmember Ray seconded the motion.
After additional discussion with Pierce regarding other Huntsville wells and specific aspects of
improvement package, Mayor Turner called for a vote on the original motion to approve the
emergency appropriation.
The motion with the amendment to make Resolution 2009 -18 an ordinance passed with a 9 -0 vote.
MAYORXITY COUNCILMEMBER/CITY MANAGER
a. Appointment of Acting City Secretary and Deputy City Secretary. [Mayor Turner]
Mayor Turner acknowledged Kristin Edwards as the Acting City Secretary and Deputy
Secretary.
b. Appointment of Councilmember Wagamon as the Council Liaison to the Planning &
Commission, replacing Councilmember Zender. [Mayor Turner]
Councilmember Zender said she was happy with the change.
c. Appointment of Leonard V. Schneider with Ross, Banks, May, Cron & Cavin, P.C., as
Attorney and authorizing a contract. [Mayor Turner]
nomination. '
Interim Counsel Schneider said his new employment contract would be drafted with e
word "Interim" removed and stated that he would be working as an independ nt
contractor. The contract would be sent to Councilmember Ray, Councilmember Fort s
and Mayor Turner,
City Manager Baine and Councilmember Ray said they were pleased with the w rk
Schneider and his firm had done for the City thus far.
The motion passed with a 9 -0 vote.
d. Presentation, discussion and /or possible action on amending the City Council Rule
Procedure Chapter 9 ( "Voting Rules ") to add Rule 9.6: "Two Readings Required" and Rule
"Public Disclosure Requirement ". [Mayor Pro -Tem Ray]
Councilmember Ray discussed, without calling for any action, two additional City Co
Rules of Procedure he would like added. First was a 'Two- Readings Required' rule v
Ray said he would like to eventually make an ordinance. The rule would require any
to be read and discussed publically twice before any action is taken, meaning the p
would have two additional weeks to learn about Items and provide input. The second
a 'Public Disclosure Requirement,' would require that no agenda items could be PC
for action if there was a significant difference between the background on the Item
what was posted in the agenda.
Councilmember Ray said he would consult with City Attorney Schneider to edit the r
language and bring them back before Council.
e. Presentation, discussion and or possible action on Resolution #2009 -17, calling for a
Election relating to the renovation and expansion of the Huntsville Public L
[Councilmember Mac Woodward]
Councilmember Woodward discussed the importance of the public library, the interes
in
the community in the expansion or improvement of the Huntsville Public Library, and
ie
commendable work of the Library Feasibility Committee on the logistics of such
an
expansion. Woodward said their report presented an economic, reasonable idea of hov
to
expand the current library.
,
Woodward introduced Resolution #2009 -17 as a means of calling for a bond electior
in
November for improvements and expansions to the Huntsville Public Library and to d
aft
an ordinance to set an election. Woodward also said an architect had been chosen for
le
project.
223
CITY COUNCIL MEETING of JUNE 2, 2009 BOOK "U"
Councilmember Ray expressed his support of the resolution, and Councilmember
Wagamon also said he was glad to see the resolution.
Councilmember Barrett expressed concerns about the lack of inclusion of specific costs
for the bond election, and Councilmember Woodward responded by saying the numbers
were not yet available. City Attorney Schneider said the specifics of the resolution would
be answered when City staff drafted an ordinance for the bond election.
The original motion passed with a vote of 9 -0.
f. Discussion and possible action regarding proposed changes to Chapter 2 of the Huntsville
Horizon Comprehensive Plan. [Councilmember Wagamon]
Minutes removed Per council request.
g. Discussion of possible funding sources and locations for street lights in Ward 3.
[Councilmember Wagamon]
Without asking for action, Councilmember Wagamon stated that one of the things he
would be discussing with residents in his ward was the placement of streetlights in their
neighborhoods.
h. Presentation, discussion and or possible action regarding Hotel Occupancy Tax (HOT) funds
audit status, and the Huntsville - Walker County Chamber of Commerce HOT fund
management, usage and compliance with contractual provisions and with Texas Tax Code
Chapter 351. [Councilmember Forbus]
Mayor Turner indicated that Item 8, Public Comments, would be completed before council
' convened into an Executive session regarding Item 7'h.'
Before moving on to public comments, Councilmember Forbus made a statement
regarding the Item.
Councilmember Forbus said the HOT Board audit was not in any way a malicious action
toward current members of the Huntsville - Walker County Chamber of Commerce or
anyone else, but only an earnest attempt to find the truth about the funds used by the
board.
Councilmember Forbus noted several issues which the HOT Board audit would bring to
light, including the fact that a portion of HOT funds appear to have been used for
purposes unrelated to "putting heads in beds." Forbus said this use may be attributed to a
lack of oversight where the funds are included.
Forbus continued to say that since the conception of HOT board, chamber not responded
in timely manner with documentation, and all required documents when requested by the
City had not been produced in a timely manner.
Forbus said one explicit problem was that accounts were used for different types of funds,
which is forbidden by state statute and by Chamber contracts.
Finally, Forbus said the audit requested was near completion, and when it was
completed, a meeting with the auditor and a HOT board meeting would be scheduled to
determine future use of HOT board funds.
PUBLIC COMMENTS (open)
Mayor Turner. Mayor Turner stated that on June 15, Beth Greenwell would become the new City Secretary. Also, he
stated that a helicopter would be flying over the city on June 5. Thirdly, Turner asked Carol Reed,
[Public Utilities Director], to make a brief announcement about a community meeting.
Reed announced that a community meeting would be held on Thursday, June 4 from 6 p.m. to 8
p.m. for the purpose of community clean -up discussion.
John Harvey. Harvey addressed transportation and routes in Huntsville, saying that safety is the first priority and
traffic flow is the second priority. With respect to the removal of stop signs on Veterans Memorial,
' Harvey said he could see no reason for the removal when additional businesses in the area would
only add to traffic flow. My wife was hit in a major accident on that road, and 1 spent a week at
Memorial Hermann because of that accident.
George Russell. Russell addressed the butchery and criminal vandalism of wildflowers on Veterans Memorial and
also addressed the sidewalk Item.
224
CITY COUNCIL MEETING of JUNE 2, 2009 BOOK "U"
EXECUTIVE SESSION [7:57 -9:11 pm]
City Council conducted a closed session as authorized by Texas Government Code, Chapter 551, S(
551.074 — specifically related to Item 7 'h': Presentation, discussion and or possible action regarding
Occupancy Tax (HOT) funds audit status, and the Huntsville - Walker County Chamber of Commerce
fund management, usage and compliance with contractual provisions and with Texas Tax Code Cf
351.
RECONVENE AND ADJOURNMENT [9:11 pm]
Mayor Turner reconvened the meeting at 9:11 p.m.
With no further business, Mayor Turner adjourned the meeting.
Kristin Edwards, Interim City Secretary
225
C