MIN CC 06/16/2009CITY COUNCIL MEETING of JUNE 16, 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, Tom Cole, Charles Forbus, Melissa Mahaffey, Lanny Ray, Mac
Woodward, Jack Wagamon and Dalene Zander
OFFICERS PRESENT: Bill Baine, City Manager; Kristin Edwards, Interim City Secretary; City Attorney Leonard
Schneider
REGULAR SESSION
CALL TO ORDER [6:03pm]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION
Mayor Turner led the invocation.
OATH OF ALLEGIANCE FOR NEW CITY OFFICER
Walker County Judge Danny Pierce issued an Oath of Office and Statement of an Elected Officer to Beth
Greenwell, making her the City Secretary for the City of Huntsville.
As a courtesy to an out of town presenlor, Mayor J. Turner advanced to an item on the statutory agenda.
STATUTORY AGENDA
C. Adopt Ordinance #2009 -42 to allow the City Manager to enter into an agreement amending the franchise
between the City of Huntsville and Entergy Texas, Inc. [Leonard Schneider, City Attorney]
With no public comments submitted pertaining to the Item, Mayor Turner invited Attorney Stephen Mack with
the Lawton Law Firm, P.C. to address the item.
According to Mack, the City Council had previously approved a franchise agreement with Entergy, Texas
which increased the rental revenue received by the City of Huntsville. During the 60 days Entergy, Texas
was allotted to approve the franchise, two issues were noted which Mack said Ordinance 2009 -42 served to
clarify. Mack said the issues were not substantive amendments and the Ordinance served only to clarify the
terms of the franchise.
Mack indicated that, if Council approved the Ordinance, it would go into effect beginning in July.
City Attorney Leonard Schneider affirmed Mack's assessment, and said the City would lose approximately
$24,000 in franchise fees if the Ordinance was not approved.
The motion passed 8 -0.
PUBLIC COMMENTS (regarding agenda items only)
Five public comments related to Agenda Items were submitted.
George Russell addressed Item 6a as well as the Council's public comment practice. Russell spoke against
the construction and renovation of the Huntsville Public Library, citing other possible uses for the funds and
space to be used. He also suggested combining agenda comments and general comments.
Doris Wortham addressed Item 5d, a weatherization grant. She indicated that grant funds used to weatherize
the homes of those who cannot afford to do so would be greatly appreciated.
Dennis Reed addressed Item 6a. Reed said, as a member of the Library committee, that he would urge the
' Council to vote for an architectural agreement with Aguirre /Roden for expansion and renovation to the
Huntsville Public Library.
Nancy Franklin addressed Item 6a. As a member of the Library Feasibility Committee, she also encouraged
the Council to vote for the architectural agreement with Aguirre /Roden.
Brian Woodward addressed Item 6a, expressing his negative feelings toward spending $300,000 without
having the results of a bond election to consider. Woodward also addressed a Council decision to approve a
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CITY COUNCIL MEETING of JUNE 16, 2009 BOOK "U"
need to review the decision.
CONSENT AGENDA
a. Approve the minutes of the City Council meetings held on June 2, 2009. [Kristin Edwards, Interim
Secretary]
b. Presentation, discussion, and /or action with respect to authorizing the Microsoft Volume Lio
Agreement annual contract payment with SHI Government Solutions for Microsoft Licensing, soft,
assurance and desktop true ups in the amount of $65,265. [Victor Pena, Assistant City Manager)
c. Presentation, discussion, and /or action with respect to Resolution #2009 -19, authorizing the
Manager to apply for and accept, if awarded, the Homeland Security Fire Station Grant with no matt
requirements. [Dr. Sherry McKibben, Community Development Specialist]
d. Presentation, discussion, and /or action with respect to Resolution #2009 -20, authorizing the
Manager to apply for and accept, if awarded, the TDHCA Weatherization Assistance Program C
with no matching requirements. [Dr. Sherry McKibben]
Councilmember Mahaffey asked to pull Items 'c' and 'd' for clarification, Councilmember Wagamon aske�o
pull Item 'a' for further discussion, and City Manager Bill Saine said he would be pulling Item 'b' from e
agenda entirely.
Mayor Turner indicated that the Council would address each item in order and began discussion on Item'
a. Approve the minutes of the City Council meetings held on June 2, 2009. [Kristin Edwards. Interim
ity
Secretary]
Councilmember Wagamon made a motion to consider approvinq the minutes from the June 2 meetin
d
Councilmember Ray seconded the motion.
Following a discussion concerning Chapter 2 of the Huntsville Horizon Comprehensive Plan held during
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June 2 Council meething, Councilmember Wagamon said he understood only two pages would be left in
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chapter - page 24, which provided a description of current zoning laws, and the current zoning map used
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the City.
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However, Wagamon indicated, the minutes provided from the June 2 meeting indicated that the char
er
would be left with the City's current zoning map and the zoning description in the chapter and that of
er
portions not approved by council would be removed.
Wagamon said his argument was actually to remove all of the verbage of the chapter because it made
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sense and he wanted it "ripped out and burned"
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Wagamon said, with Council approval, he would like to re -word the minutes to state that the motion E
d
discussion on June 2 was about pulling everything out of Chapter 2 with the exception of the current zon
lig
map and the description of the current zoning map.
However, he said if there were others who did not understand the discussion to mean that, he wanted to
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the Item back on the agenda for additional discussion.
description of the current zoning map and the current zoning map.
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Councilmember Ray offered possible verbage for the amendment, saying if the phrase "which were
approved by council" was removed, the minutes would be accurate. Councilmember Wagamon agreed.
Councilmember Cole seconded Councilmember Wagamon's amendment.
Councilmember Woodward indicated that he remembered including the current zoning map in the chap
er
while discarding the 14 -zone land use map never approved by Council.
City Attorney Schneider said the wording of the motion on the recording of the June 2 meeting was w
at
would stand. Schneider recommended that the Item be added to the Council's agenda for clarification.
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Councilmember Wagamon said he was amenable to bringing the Item back, reiterating that he wanted
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remainder of Chapter 2 with the exception of the two previously mentioned pages "torn out and burned."
Schneider suggested bringing the Item back and using a transcript from the meeting for clarification.
Mayor Turner suggested the withdrawal of Councilmember Wagamon's motion to approve the minutes
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his previously stated clarification if another councilmember would make a motion to accept the minutes
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the exception of the Item.
Councilmember Wagamon said he wanted to vote on the amendment.
Councilmember Ray withdrew his second to the original motion.
Councilmember Wagamon withdrew his original motion.
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CITY COUNCIL MEETING of JUNE 16, 2009 BOOK "U"
Councilmember Mahaffey called attention to a section of the minutes pertaining to an agreement with the
Texas Department of Transportation, saying she felt Councilmember Barrett said the Council should not, as
opposed to could not, rescind support of a TxDOT approved design.
b. Presentation, discussion, and/or action with respect to authorizing the Microsoft Volume License
Agreement annual contract payment with SHI Government Solutions for Microsoft Licensing, software
assurance and desktop true ups in the amount of $65,265. [Victor Pena, Assistant City Manager]
City Manager Baine indicated that it was not Item 5b he had intended to pull from the agenda.
Councilmember Woodward made a motion to authorize the annual contract payment with SHI Government
Solutions and Councilmember Zender seconded the motion.
The motion passed with an 8 -0 vote.
c. Presentation, discussion, and /or action with respect to Resolution #2009 -19, authorizing the City
Manager to apply for and accept, if awarded, the Homeland Security Fire Station Grant with no matching
requirements. [Dr. Sherry McKibben, Community Development Specialist]
Councilmember Mahaffey addressed several issues related to the construction of a new fire station, including
operation, maintenance and labor costs.
Huntsville Fire Chief Tom Grisham spoke about the role Walker County may or may not take in covering
' future costs. He also discussed the areas the new station would serve, including local freeways, shelters,
airports and residential areas.
Councilmember Wagamon asked if the new station would require the purchase of additional equipment or
fire trucks and Grisham said a truck was already available for use at the new station.
Councilmember Mahaffey asked Community Development Specialist Sherry McKibben about any match
requirements on the grant, to which McKibben replied that no cash match would be required, but other
matching requirements would be included.
d. Presentation, discussion, and /or action with respect to Resolution #2009 -20, authorizing the City
Manager to apply for and accept, if awarded, the TDHCA Weatherization Assistance Program Grant
with no matching requirements. [Dr. Sherry McKibben]
Councilmember Mahaffey made a motion to approve Resolution 2009 -20 and Councilmember Ray
seconded the motion.
Councilmember Mahaffey discussed several aspects of the grant and asked McKibben how the grant would
be administered, if approved.
McKibben said five percent of the grant would be used to pay for a grant administrator to be hired, and
another ten percent would be used for delivery of materials.
Councilmember Forbus asked what types of improvements or repairs the grant funds could pay for, and
McKibben said the funds could be used to replace broken air conditioning units and purchase storm
windows, doors, chalking, weather stripping and other items.
The motion to approve the resolution passed with an 8 -0 vole.
STATUTORY AGENDA
a. Presentation, discussion, and /or action with respect to authorizing the City Manager to enter into an
' Library Architectural Contract with Aguirre /Roden in the amount of $430,000, and authorize the
commencement of the schematic phase of the referenced contract in the amount of $140,400 with
an additional amount of $50,504. [Glenn Isbell, P.E., Director of Public Works]
Councilmember Woodward made a motion to approve the Library Architectural Contract and
Councilmember Forbus seconded the motion.
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CITY COUNCIL MEETING of JUNE 16, 2009 BOOK "U"
$430,000, the Council would only be committing to a $140,000 expenditure if the Item were approved. he
$140,000, Woodward said, would pay for the initial phase of establishing a design and expansion model for
the Huntsville Public Library.
Woodward also indicated that $90,000 of the amount had been previously allocated for a library feasib lity
study, so only the remaining $50,000 would be taken from unallocated funds.
Woodward also said he felt paying the architectural firm to create the designs, as opposed to developing he
design in -house as was done with other projects, would benefit the public.
Planning and Development Superintendent Tom Wager indicated that the $140,000 would pay for a coheE ve
schematic drawing of what voters would consider as well as an accurate cost estimate for the final project.
Mayor Turner said professionally produced drawings of the proposed new building would allow voter to
make a more informed decision. Turner said the drawings would provide an understanding of the interf ce
between the new portions of the building and the standing building.
Turner also addressed the benefits of the three - dimensional model of the library which would be include in
the $140,000 cost.
Councilmember Forbus asked Mayor Turner for clarification on the amount to be spent with Council apprc al
of the Item, and Turner said only $140,000 - including $90,000 previously allocated for a library feasib ity
study - would be approved. The remainder of the funds would only be spent, he said, pending the result of
the bond election.
City Attorney Schneider advised Mayor Turner to convene into an executive session for legal ad Ise
regarding the architectural contract, and Turner agreed. (j
EXECUTIVE SESSION [7:08- 7:17pm]
City Council conducted a closed session as authorized by Texas Government Code, Chapter 551,
551.074 — specifically related to Item 6'a': Presentation, discussion, and /or action with respect to au
the City Manager to enter into an Library Architectural Contract with Aguirre /Roden.
RECONVENE [7:17pm]
Mayor Turner reconvened the meeting at 7:17 p.m. ,
Councilmember Woodward made a motion to limit the initial payment for a schematic desicin
Aguirre /Roden to $140.000. and Councilmember Forbus seconded the motion.
Councilmember Mahaffey asked Weger what the City would get for the $140,000.
Wager said the architectural firm would go through a detailed process utilizing all relative informal on
gathered through feasibility studies to develop a schematic drawing, a Floor plan, elevation drawings, a st
estimate and a model of the proposed library.
Councilmember Mahaffey addressed several issues surrounding the architectural contract including fut re
landscaping and the use of local contractors.
Councilmember Ray said he felt the amendment limiting the cost of the schematic phase to $140,000 was an
imperative decision
The amendment passed with an 8 -0 vote.
John Nyfeler, a representative of Aguirre /Roden, addressed the Council specifially to attest to the fir 's
experience and prior work. He said the firm had worked with limited sites previously.
Councilmember Ray said he felt approving the Item would be spending a significant amount of the citiz s'
money without being authorized to spend it, and he asked if holding a bond election without approving ie
Item would be effective. Wager said that was an option for the Council.
As the Council discussion continued, Councilmembers Zander, Cole and Wagamon stated that the $140, 0
expenditure seemed high, and Councilmember Ray asked what the deviation from accuracy would e
without approving the Item.
Councilmember Woodward stated that he wanted to have accurate information to present to vot rs
participating in the bond election.
Finally, Councilmember Cole said it seemed the Council was being pushed toward making a decision on e
contract and that spending the $140,000 would be similar to promoting the library expansion.
Councilmember Woodward stated that he was supporting the architectural contract because he felt it was e
right thing to do and called for the end of the discussion.
Councilmember Woodward made a motion to end discussion on Item 6'a.'
uouncumemper vvagamon secongeo me motion to iauie nern o a. '
The vote to table Item 6'a' failed with a 2 -6 vote with Councilmembers Cole and Wa amon votina for tabl
the item.
Councilmember Forbus continued the discussion, asking Nyfeler if the City of Huntsville would own e
designs if they were completed. Nyfeler said the schematic designs would be the property of the City.
The Council continued to discuss the $140,000, and Councilmember Zender asked if it would be possible to
cut out elements of the design to reduce the total cost. Wager indicated that it would be possible to redi. e
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CITY COUNCIL MEETING of JUNE 16, 2009 BOOK "U"
The Council discussed which elements of the schematic design could be developed with $90,000. Mayor
Turner provided further detail of the components included in the schematic design, and the Council
concluded that City staff input would have to be used to determine how the $90,000 would be used most
efficiently.
b. Presentation, discussion, and /or action with respect to Resolution #2009 -21, authorizing the City
Manager to apply for and accept, if awarded, the Economic Development Administration (EDA)
American Recovery Program matching grant for funds to construct infrastructure improvements,
including a new street with sidewalks connecting Veterans Memorial Parkway with Interstate 45 in
West Hill Park to include extending West Hill Parkway North to connect thereof. Tabled May 19,
2009 Meeting. [Bill Baine, City Manager]
City Manager Baine pulled Iteri
MAYOR /CITY COUNCILMEMBER/CITY MANAGER
a. Discussion regarding the City Council Charter review and future Council work sessions and
public meetings. [Mayor Turner]
Mayor Turner discussed the periodical Charter Review process, which he said the Council will soon
begin. Turner said the first step of the process would be to get feedback from the Council
concerning the Charter, which he said he would like to do at 5 p.m. before the July 7 Council
meeting.
Councilmember Ray asked if approval of the revised Charter would appear on a November ballot,
and Mayor Turner said yes, since it would be advantageous to keep the Charter separate from
candidate elections.
Councilmember Woodward asked if it was possible for City Attorney Schneider to review the
current Charter for antiquated language prior to Council review, and Schneider said he would be
willing to review the Charter.
Schneider also advised the Mayor to appoint at least three Council members to a Charter
Committee to recommend any changes to the entire Council.
Mayor Turner agreed with the suggestion but said he would want the committee to include more
than three members.
Councilmember Wagamon also asked for the recommendations of previous Charter Committees as
a means of beginning the review process.
b. Discussion regarding the annual City Council retreat. [Mayor Turner]
Mayor Turner discussed the upcoming Council retreat, scheduled for June 25 from 1 p.m. - 5 p.m.
at the Kellogg- Pritchett House.
c. Appointment of Dave DeShaw to the Hotel Occupancy Tax Board to fill the vacancy. [Mayor
Turner]
Mayor Turner appointed Dave DeShaw to fill a vacancy on the Hotel Occupancy Tax Board,
and Councilmember Forbus seconded the appointment.
DeShaw was appointed unanimously.
' d. Discussion and possible action regarding reduction in minimum water and sewer rates.
[Councilmember Wagamon]
Councilmember Wagamon made a motion to reduce the minimum fees for City of Huntsville water
and sewer service by $2 each and Councilmember Cole seconded the motion.
Councilmember Wagamon explained his motion was to reduce the minimum fees for both water
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CITY COUNCIL MEETING of JUNE 16, 2009 BOOK "U"
Councilmember Woodward asked what the impact of the reduction would be on the City's v
and sewer fund.
Mayor Turner stated that the existing rate for water service is $15 per month for the first zero to
3,000 gallons of water, and the existing rate for wastewater is $15 per month for the first 2,000
gallons.
Wagamon said his intention was to reduce each of those monthly rates from $15 to $13.
Turner voting to table the item.
Councilmember Ray suggested directing City staff to investigate and report on reducing the
as well as determining from City Attorney Schneider if the reduction was technically legal.
Councilmember Woodward said he felt making the decision to reduce the rates would be
premature, and Councilmember Wagamon said the amount of the reduction would be only a
amount and a reflection that the Council recognized that the rates were too high.
Mayor Turner made a brief presentation on water and wastewater rates, indicating that neit
the rates had doubled since 1994 and 1992, respectively.
City Attorney Schneider indicated that Council could approve a rate change, but that the cl
would have to be made with an ordinance.
Cole seconded the motion.
Councilmember Wagamon further indicated that the $2 reduction would apply to both residen ial
and commercial customers.
Councilmembers Mahaffey and Ray indicated that they did not have enough information to t� e
action on the Item, and Ray discussed making a motion to refer the Item.
The motion to direct staff to develop an ordinance failed with a 4 -4 vote.''i '
Mayor Turner suggested making the reduction of water and sewer rates an item to be pursued al a
later time, and Councilmember Wagamon withdrew his original motion as it would have required �n
ordinance.
e. Discussion and possible action regarding capital improvement projects plan, specific Ily
including (1) Bobbitt addition/ Highway 75 North /Moffitt Springs, (2) Badger Lane, (3) Id
Colony Road - Phase V, (4) Old Colony Road - Phase VI, and (5) 21" Street to 20t' Str t.
[Councilmember Wagamon]
Planning and Development Superintendent Tom Wager discussed each of the five projects.
Regarding the Bobbitt addition /Highway 75 North/ Moffitt Springs, Wager said all surveying E Id
approximately 50 percent of the design had been completed, but a completion date was difficull to
specify because additional easements were still needed.
Wager also indicated that monthly progress reports on all CIP projects and any projec d
completion dates are included in monthly Finance Department statements.
Regarding the Badger Lane project, Wager said the surveying and design phases were complc e,
and easements were again still needed. Wager said the current anticipated completion date wa in
July 2009.
Old Colony Road Phases V and VI were pulled from discussion pending approval of an engineer) Ig
contract in the July 7 Council meeting.
Finally, Wager said the project on 21" Street, a sewer renovation, had not yet been budgeted.
f. Discussion regarding traffic concerns relating to Veterans Memorial Parkway. [Councilmember
Mac Woodward]
Councilmember Woodward expressed his condolences to the wife of Mr. John Harvey, who
appeared at the June 2 Council meeting to discuss a car accident she was involved in on Veter is
Memorial Parkway.
Woodward also wanted to let the public know that the Council has received a number of lette s,
calls and E -mails concerning the removal of the stop signs and that the concerns were being to n '
into account.
Finally, with the upcoming completion of Target and other area developments, Woodward said le
felt it would be best to stay aware of the traffic levels in the area and watch for any changes.
Councilmember Ray addressed the lack of coverage of the removal of the Veterans Memorial
Parkway stop signs by the Huntsville Item.
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CITY COUNCIL MEETING of JUNE 16, 2009 BOOK "U"
No public comments were submitted.
ADJOURNMENT [9:07pm]
With no further business, Mayor Turner adjourned the meeting.
Kristin Edwards, Interim City Secretary
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