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MIN CC 07/21/2009CITY COUNCIL MEETING of July 21, 2009 BOOK "U" MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF JULY, 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, Tom Cole, Charles Forbus, Melissa Mahaffey, Lanny Ray, Mac Woodward, Jack Wagamon, Wayne Barrett and Dalene Zender OFFICERS PRESENT: Bill Baine, City Manager; Kristin Edwards, Deputy City Secretary; City Attorney Leonard Schneider REGULAR SESSION CALL TO ORDER [6:OOpm] Mayor Turner called the meeting to order. 242 PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION Mayor Turner led the invocation. PUBLIC COMMENTS Five items were submitted for public comment, four of which pertained to agenda items. Grady Black addressed the Council regarding 8C, specifically to note traffic on Normal Park and to thank the Council for their attention to traffic concerns. Gary Powell spoke in favor of item 8D, renaming the Huntsville Municipal Airport in honor of the local Bruce brothers. ' Gary Crawford addressed item 8D and spoke against renaming the airport, and he also spoke concerning Smith Hill Road. Charlotte Olenik also spoke in favor of item 8D, presenting historical memorabilia from the HEARTS Veterans Museum. Finally, John Harvey spoke to address the removal of stop signs on Veterans Memorial Parkway. CONSENT AGENDA a. Approve the minutes of the City Council meetings held on June 25, July 1, and July 7, 2009. [Kristin Edwards, Deputy City Secretary] b. Authorize the City Manager to establish a contract for vegetative debris management service. [Victor Pena, Asst City Manager] - c. Authorize the City Manager to execute a purchase order for concrete box culverts from MDN Enterprises in the amount of $52,710.00 and other related expenses to complete repair of drainage pipe under Bearkat Blvd. [Victor Pena, Asst, City Manager] d. Authorize the City Manager to accept the 2009 Edward Byrne Justice Assistance Grant and Interlocal Agreement with Walker County to distribute grant funds. [Allwin Barrow, Interim Police Chief] Councilmember Forbus made a motion to approve the consent agenda and Mayor Pro Tern Ray seconded the motion. The motion passed unanimously. STATUTORY AGENDA a. Presentation, discussion, and possible action with respect to approval of the H.B. Toney Memorial Fire Station #4 construction contract. [Tom Weger, Planning and Development ' Superintendent] Councilmember Woodward made a motion to suspend the two- reading rule in order to vote on the item and Mayor Turner seconded the motion. 242 CITY COUNCIL MEETING of July 21, 2009 BOOK "U" Councilmember Woodward said he felt there had already been a long process of design, layout nd architectural work leading up to the construction contract, so he saw no reason to delay voting of the contract for an additional two weeks. Mayor Pro Tem Ray asked why the decision should be rushed, citing the fact that citizens had or y had information about the contract available to them for three days and that the two - reading rule was well thought out. Planning and Development Superintendent Tom Wager indicated that the bid would not be lost it second reading were scheduled for the item, but that construction projects in general suffer whe carried into winter months. Mayor Turner said he supported the two- reading rule, but said he thought it was better applied to items which had not been previously presented in any way to the public. He said the fire station project was something the public had been exposed to during bid processes, etc. Councilmember Forbus asked if the low bidder for the project had been chosen, and Weger Said yes, adding that a qualification point system was also used to make the decision. Wager a so addressed the dates of the bid process for the project and how the time since the bids w re received had been used. Councilmember Wagamon also said he felt it was best to give the public more time to study Ihe contract. Mayor Turner called for a vote on the motion to suspend the two- reading rule. The motion failed with a 2 -7 vote with Mayor Turner and Woodward voting for the motion. I With the result of the vote, Mayor Turner indicated that the item would be placed on the AuguB 4 agenda. No action was taken. Mayor Turner indicated that the next item on the agenda was an executive session, and Cou cil discussed the executive session before entering into the session. Councilmember Woodward addressed the second item, dealing with bond covenants and amendments to the Huntsville Horizon Comprehensive Plan. He said he thought that part of e session should be done in public. , City Attorney Leonard Schneider said he had suggested the executive session to offer legal advite. Councilmember Wagamon said he thought the City Attorney should be allowed to offer legal advice, but that he was open to talking about the Comprehensive Plan in general in public. EXECUTIVE SESSION [6:38 P.M.] City Council convened in a closed session as authorized by Texas Government Code. Chapter 551, 551.072 — deliberation regarding purchase.. exchange, lease or value of real property, specifically, to property issues relating to the acquisition of utility easements for the Elkins Lake /IH -45 12" water line City Council continued to convene in closed session to receive legal advice from the City Attorn authorized by Texas Government Code, Chapter 551, Section 551.071 on requirements of current covenants and on proposed amendments to Comprehensive Plan. RECONVENE [7:31 P.M.] Upon returning from Executive Session, Mayor Turner indicated that the Council had discussed several related to Elkins Lake including utility easements. Councilmember Mahaffey seconded the motion. The motion passed unanimously. Mayor Turner said no action would be taken regarding bond covenants pending the submission of additio ial information. Regarding the Comprehensive Plan, Mayor Turner said Schneider had informed the Council that the pro er way to amend the plan in any form was to follow a specific procedure involving the Planning and Zon ig Commission. Schneider said the motion made and approved by Council to make changes to the Comprehensive P n would have to be made through an extended PNZ process, and a resolution would be written through t at process to accomplish the goals of the council. ! , I MAYOR /CITY COUNCILMEMBERlCITY MANAGER a. Presentation, discussion and possible action with respect to appointing the 2009 Charter 243 CITY COUNCIL MEETING of July 21, 2009 BOOK "U" Committee. [Mayor Turner] (page 33) the 2009 Charter Review Committee. The committee was to include Chairman Dennis Reed, Mayor Pro Tern Ray, Blaine Hinds, Jack Ross, Frank Fair, Sandra Hanscom, Bob Heartfield, Jack Kyle, and ex- officio members City Manager Baine, Schneider and Deputy City Secretary Kristin Edwards. Councilmember Mahaffey seconded the motion. The motion passed with an 8 -1 vote with Woodward voting against the motion. b. Update on status of City Secretary position. [Mayor Turner] Mayor Turner said the City Secretary's position was advertised for 30 days, which resulted in five applicants. Three of the applicants had been selected for interviews to take place on Friday, July 24. C. Presentation, discussion, and/or possible action with respect to traffic Flow on Avenue S and Normal Park. [Councilmember Woodward] Councilmember Woodward said he did not initiate the item, but was acting on a request from a citizens' organization. He said the Huntsville Police Department had conducted a traffic study on the area during the first week of July, and that additional research would be done over the coming months before returning to the subject around the month of October. d. Presentation, discussion, and possible action with respect to re- naming the Huntsville Municipal Airport as The Bruce Brothers Regional Airport. [Councilmembers Mahaffey and Forbus] Councilmember Mahaffey made a motion to re -name the Huntsville Municipal Airport as The Bruce ' Brothers Regional Airport and Councilmember Forbus seconded the motion. Councilmember Mahaffey addressed a Huntsville family who, during World War II, lost two of their family members in plane crashes. She said the family had given the ultimate sacrifice and it was time to honor them by re- naming the airport in honor of the two Bruce brothers. Councilmember Forbus said he considered it an honor that the family had asked him and Mahaffey to present to Council, and that he felt it was very appropriate to re -name the airport in honor of the two men. Councilmember Woodward said he was pleased with the addition of the word regional to the airport title. Councilmember Cole objected to the motion, and Mayor Pro Tem Ray asked why the decision should be made without more time for citizen input. He said he did not want to table the item, but wanted to extend discussion related to the item. Councilmember Forbus said it had been 66 years since the brothers' deaths and it was an aoorooriate name and time. Councilmember Barrett said he was unopposed to re- naming the airport, but that he thought the decision should be made after more time for city participation. Councilmember Forbus indicated that he and Councilmember Mahaffey had been in contact with the Bruce family for several years, and Councilmember Mahaffey indicated that Charlotte Olenik, the HEARTS Veterans Museum director, had also supported the decision, which Mahaffey said gave the action credibility. After a misunderstood vote, Mayor Turner said the Council would vote on the continuance motion. ' Discussion returned to the base motion, as amended. The base motion passed unanimously. e. Presentation, discussion and possible action with respect to additional SNAP (Spay /Neuter Assistance Program) Funding for the Rita B. Huff Animal Shelter. [Councilmember Mahaffey] 244 CITY COUNCIL MEETING of July 21, 2009 BOOK "U" The item was pulled from the agenda. Presentation, discussion, and possible action regarding citizens' petition for the installation of tables on Smith Hill Road. [Councilmember Wagamon] Citing the opinions of area residents, Councilmember Wagamon said Smith Hill Road had bec a dangerous roadway. He said the petition included 113 names including each address on S Hill Road itself and side streets of the road. Councilmember Wagamon said his motion was not to determine if speed tables should be insta but how many should be installed and where. Councilmember Mahaffey suggested including the phrase "speed- calming devices' to additional options for road changes, and Councilmember Wagamon agreed. Huntsville Police Chief Allwin Barrow addressed the Council concerning speed calming devices some risks involved with them, and Councilmember Cole addressed some of the problems speed bumps. City Attorney Leonard Schneider said that, since Chief Barrow indicated that "speed calr devices" are considered traffic control devices, that City Code of Ordinances 44 -28 does requir engineering study to go along with the installation of such devices. Councilmember Wagamon indicated that he wanted to follow the same process used previousl Normal Park Drive. Mayor Pro Tem Ray asked if it was possible to install speed - calming devices in a way which w not harm first response vehicles. The motion passed unanimously. g. Update on recycling program. [Mayor Pro Tem Ray] Mayor Pro Tem Ray said he added the item to give the City Manager and /or staff an opportuni provide an update on the curbside recycling program. Dr. Sherry McKibben, Community Development Specialist, discussed the program and Houston - Galveston Area Council grants being sought to pay for it. She said a presentation " be made to HGAC on July 29 and results would be presented on or soon after August 4. Asses grants were attained, she said work on the program would begin in September and education publicity for the program would begin from October through December. The following six moi from December 17 through June 2010, would be spent collecting data to present to Council. City Manager Baine said additional payment options would be presented to Council if the gi were not approved by HGAC. h. City Manager Status Report presentation and discussion on: [City Manager Baine] (1) Automated recycling centers and grants [Dr. Sherry McKibben, Community Specialist]; City Manager Baine asked Dr. McKibben to address a six -month pilot project with automated recycling centers to begin in December. McKibben presented a PowerPoint presentation on the centers including two possible locations for the centers. The Council discussed various issues related to the recycling centers including cost, placement and integration with the curbside racy pilot. McKibben also addressed grant funds associated with the Town Creek drainage project al other funding topics. (3) Water lines /fire hydrant in area of Tracy Lane /Leigh Anne Street; City Manager Baine addressed the possible installation of water lines and a fire hydrant in the of Tracy Lane and Leigh Anne Street. He said initial cost estimates had been placed around $ million, discussed fire protection options including underground water storage and said that he intended to explore the situation further to provide additional detail. Councilmember Wagamon discussed logistics of the project and the possibility of providing fire protection to the area in phases. (4) Extension of 90 days prior to Veterans Memorial Parkway traffic study at Smither Drive and Woodward Drive. (pages 45 -51) 245 to 1 J CITY COUNCIL MEETING of July 21, 2009 BOOK "U" City Manager Baine discussed a City ordinance requiring the completion of a traffic study with the removal of traffic control devices on Veterans Memorial Parkway and Smither Drive. However, he indicated that since the area was in a period of transition with respect to the amount of traffic present, he said the study would need to be conducted after an additional 90 days had passed. City Attorney Leonard Schneider confirmed that Baine had the authority as City Manager to extend the time period before the study. (2) Parks Master Plan update; City Manager Baine said the City is required to have a Parks Master Plan on file and that it must be updated every five years in order to gain the maximum amount of grant funds. Baine requested that the Council direct the Parks Department to develop an updated plan and hold a public hearing regarding the plan before or by October. PUBLIC COMMENTS (open) No public comments were submitted. ADJOURNMENT [8:52pm] With no further business, Mayor Turner adjourned the meeting. Kristin Edwards, Deputy City Secretary 246