MIN CC 06/01/2010City Council Meetings of June 2010 Book "V"
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 1`r DAY OF JUNE 2010, IN THE CITY HALL,
• LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Mac Woodward, Jack Wagamon, Dalene Zender, Melissa Templeton, Charles
Forbus, Lanny Ray, Wayne Barrett, Tom Cole
COUNCILMEMBERS ABSENT: none
OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary
REGULAR SESSION [6:00PM]
1. CALL TO ORDER
The Mayor called the meeting to order at 6pm.
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
Councilmember Barrett gave the invocation.
4. PROCLAMATIONS AND PRESENTATIONS
The Mayor presented Proclamation 2010 -49 in honor of Cancer Survivors' Day.
5. PUBLIC COMMENT
Tarek Maalouf spoke in support of keeping all current water rights.
Delora King spoke in support of City Manager Bill Baine and the City Council, and listed many accomplishments of each.
• G.W. Bill Gibson spoke in support of the Council, and of his initation with the newspaper's lack of printing letters expressing
a positive view of the City Council.
6. CONSENT AGENDA
(Approval of Consent Agenda authorizes the City Manager to implement each Hem in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full
discussion by request of a member of Council.)
a. Approve the minutes of the City Council meeting held on the 16d' of May 2010. [Lee Woodward, City Secretary]
b. Approve Ordinance 2010 -36 to approve stop signs on Avenue O at 21" Street, 2"d reading. [Aron Kulhavy,
Director of Public Works]
c. Approve Ordinance 2010.37 to approve No Parking signs on the north side of 1'r Street from MLK to Bernice
Street, 2 "d reading. [Aron Kulhavy, Director of Public Works]
d. Approve Ordinance 2010 -31 on the proposed amendment to Section 24-1 Regulations Adopted of the Code of
Ordinances, 2 "d reading. [Aron Kulhavy, Director of Public Works]
e. Approve the engagement of the law firm of Bickerstaff, at al, for legal services related to water supply projects
not to exceed $25,000 for initial phase. [Carol Reed, Director of Public Utilities; Leonard Schneider, City
Attorney]
f. Approve tap fee waiver In accordance with previous informal agreements. [Aron Kulhavy, Director of Public
Works]
g. Authorize City Manager to approve Schenck Builders LLC, Conroe, Texas to construct low- income housing
with TDHC grant funds with City matching requirements. [Winston Duke, Finance Director]
h. Authorize the City Manager to apply for, accept if awarded, and implement the H-GAC Solid Waste
Management grant for Recycling Carts. [Dr. Sherry McKibben, Community Development Specialist]
I. Authorize the City Manager to apply for, accept N awarded, and implement the H-GAC Solid Waste
Management grant for Recycling Center Improvements. [Dr. Sherry McKibben, Community Development
Specialist]
J. Approve Resolution 2010 -27 and authorize the City Manager to apply for, accept upon award, implement, and
execute the lnterlocel Agreement with Walker County for the 2010 Edward Byrne Justice Assistance Grant
(JAG). [Dr. Sherry McKibben, Community Development Specialist]
k. Authorize the City Manager apply for, accept if awarded, and implement the Office of Justice Bullet Proof Vest
• Grant [Dr. Sherry McKibben, Community Development Specialist]
1. Ratification of the application for, and authorization to accept, If awarded, and implement the Assistance to
Firefighter Grant [Dr. Sherry McKibben, Community Development Specialist]
m. Approve abandonment of the Shepherd Drive Right -of -Way in the Forum Sam Houston plat as approved, in
the preliminary plat, by the Planning and Zoning Commission. [Aron Kulhavy, Director of Public Works]
Councilmember Ray made a motion to approve the consent agenda Councilmember Forbus seconded the motion
Aron Kulhavy, Director of Public Works, said that staff would like to remove item f for review by the City Attorney.
City Council Meetings of June 2010 Book "V"
Councilmember Forbus asked that staff cover each of the Consent Agenda items and tell what the item did to improve
the City.
Mr. Kulhavy reviewed items Ind, saying that items b and c were designed to improve safety and reduce speed, due to •
concerns of the citizens. Mr. Kulhavy said item d was a cleanup to the Code of Ordinances. Councilmember Forbus
thanked Mr. Kulhavy for his efforts.
Jason Pierce, Water Superintendent, said hem a was to increase income to the City.
Winston Duke, Finance Director, discussed item g, and the receipt of a half - million dollar grant to rebuild homes.
Councilmember Forbus said he had seen photos of the potential homes, and thanked the staff for their work.
Councilmember Woodward clarified that the City was investing $21,000 in a cash match, and $42,000 in in -kind
services into a project that would then go to a commercial builder. Councilmember Woodward said he supported low -
income housing and putting added value properties back on the tax rolls, but he wanted the Council to be consistent
about these projects. Councilmember Wagamon was told the grant was federal stimulus money, and the City was
complying with grant requirements.
Dr. Sherry McKibben, Community Development Specialist, said the carts grant was to expand recycling into an
additional neighborhood, and the recycling center improvements was to build a facility so that materials could be
sorted. Dr. McKibben said the cart grant was about $60,000- 70,000, and the center grant would be $250,000-
300,000, and a match was not required.
Dr. McKibben said the City and the County alternated applying annually for the JAG grant in item j, and then split the
grant equally.
Dr. McKibben said Rem k was to replace bulletproof vests, which had a five-year warranty, and this grant paid for half
the cost of twelve vests. Councilmember Forbus thanked her.
Dr. McKibben said the assistance to firefighters was biennial, and would be for firefighter radios and pagers that
worked in conjunction, and were compliant with new FAA rules. Coundfrnember Forbus thanked Dr. McKibben. The
city Manager discussed the sunset clause on the current equipment, and that this was designed to help in preparation
for emergency management.
Mr. Kulhavy addressed item m, saying this would take the street off the City's maintenance log.
Councilmember Forbus commented that the City had a great staff that did a great job, and thanked them all. - •
The motion was aooroved unanimously, with item f not included
7. MAYORICITY COUNCIL AND CITY MANAGER REPORT
a. Presentation and discussion on Trinity River Authority (TRA )-City of Huntsville water contracts.
[ Councilmember Woodward, City Attorney Leonard Schneider, Director of Public Utilities Carol Reed]
Councilmember Woodward provided a brief history of the water contracts of the City with the Trinity River Authority
(TRA) from the 1976 agreement through the 2006 agreement to take an additional 10mgd. Councilmember
Woodward said he felt the City was in a good position, and that water is a long -term project, and also pointed out his
feeling of the benefit from the Tenaska contract.
Councilmember Woodward said the only vague part of the agreements might be that the City would be able to get the
water after 2020, and also suggested beginning plant improvements now, as water will likely be much more expensive
when renegotiated.
The Mayor said he would like to add that the 1998 contract for the additional 6mgd is at a higher rate than the
additional 10mgd, now at just over $A 011 000gal., and that Tenaska is charged a little over $.5011000gal. The Mayor
presented tables (below) discussing proposed usage and potential population growth, and water production and
rainfall. He noted that the City is currently paying for 26mgd, that he thought the 10mgd price is a good deal and
benefits the City, but that using only around 14mgd meant they should take a hard look at the 6mgd contract.
u
•
•
F- ,l
L i
City Council Meetings of June 2010
Book "V"
TRINITY RIVER AUTHORITY Z6 A -�- 3`v�
LAKE LIVINGSTON PROJECT Zak
RAW WATER SALE TO CITY OF HUNTSVILLE
MANAGEMENT PROPOSAL SUBJECT TO BOARD APPROVAL
Current 10 MGD Plus 10 MGD Opflon Until 2020 and 25 MGD Until 2050 @ 30% Ultimate Charge
Pro),00d Demand Based on W%Annud Growth and 1589pcpd.
u.Judes currant 10 MGD in e,Mng contract plus option for an additional 10 MGD through 2020.
Indudes s ^mdby fee for an Wdillonal 5 MGD in new contend through 2020. purdwse 25 MGD tmm 2D211!raugh 29501n new contract
TRA's Total Annual Cast= Commit Raw Water Cost +ultimate Raw Water Cost
ultimate Raw Water Cost Based on 30%ef Me IliRxc,roe Between Ultimate Volume and Cumrd Volume.
- CUmnt• Amount is delayed onto 2021. 4:41da: AS leans and mMID'ms subvot to TRA Board o7Dkpctm approval.
PROJEt -r®
PROEGTHI
PR�
,VATER
DGSTWG
DOBTWG
'm1RRENT'•
WLrlwk]l?
P 71cw
CnYDE14Wn
DEMAND
S4fE8
CAHIIUGT
CONTRACT
RAW WAIER
RAW WATER
AVMM y
wl
AI.REEMEM
10 MW
10MG00PnM
CpeT
,AST
jMNM
GROWTH
(MGD)
EaTH1E5
1MGn)
JSWJp +
283(1,000 +
281SIW1.400 i
'58GPCPO
OOREE
IW4
IYTa/
2000
35,078
5.54
7.46
10
2001
35,953
5.69
7.57
10
-
tl
2002
35,911
5.83
6.98
10
R
c
203:
37,861
5.98
6.71
W
2004
38,841
6.14
7.16
10
2005
39,843
630
9.55
10
2006
40,871
8.48
9.74
10+100PDen
S 103,295
S 103,295
E 159,1118 (Smgdj
$ 366208
2W7
41,925,
6,11^_
9.93
10+100pfim
$ 103,295
$ 103,295
$ 159,618 (5mgd)
S 366,208
2008
43,0071
690
10.13
10+100pSm
$ 103,295
$ 103,295
$ 159,518 f5mgd)
$ 366,208
2009
44,116+
6.97
10,33
TO +t00p0wm
S 103,295
$ 103,295
S 159,618 (5mgd).S
366,205
2010
45255.
. 7.15
10.53
10+10 OpBmai
S 103,295
$ 103,295
S 159,618 (5mgd)
$ 366XB
2011
46,422
7.33
;0.74
10t100;9m
S 103,295
$ 103,295
$ 159,618 (%nA
t 3r9.200
2012
47,6201
7,52
169E
10+100p8on
$ 103,295
$ 103,295
$ 15g,618 5mgd)
S 366,208
2012
48146
7,72
11.18
10110 Option
$ 103,295
$ 1¢1,295
,$ 159,618 (5mgd)
5 3E6,208
2014
50,109
7,91
X1.41
1Gr100pdm
$ 103,295
$ 103,295
$ 150.618 lbmpd)
S 366,20
2015
51,40i
8112
41.64
10+10 opL,m
$ 103,295
S 103,295
S 150618 (5agd)
S 366,206
2078
52,728
8.33
1198
1D +100pdon
$ 103,295
S 103,295
$ 159,618 (Smgd)
$ 366,208
2N7
54,088
8,55
12.13
10+100p8wi
E 103,295
S 103,295
$ 159,0,18 (5mgd)
$ 366,208
2018.
55,483
877
12.38
10 +10 Op1im
$ 103295
$ 103,295
$ 159,618 (5myd)
$ 366,208
2019
56,915
8,99
1264
10t100p8on
$ Mass
S 103,295
S 159,818 15mgd)
S 366,208
M20
58383
9,221
1290
10+100ption
S 103,295
1 $ 103,295
S 159,818 Sm
$ 366.203
2021
59,891
9.46
13.17
14
$ 1,489,769
S 351,103 (11ngd
S 1,840,929
2022
61,435
9.71
13.45
14
S 1,489,769
$ 351,160 (11m9d
S 1.MG,929
2023
63,020
9,96
13.74
%
$ 1,489,769
$ 351,160 (11mgd
S 1,940,929
2024
64,646
10,21
14.03
14
S 1469789
$ 351,103 fIlmod
S 1,840929
2025
66,314
10.48
14.33
16
$ 1,702,594
E 287,313 (9mgd)
$ 1,990,908
2026
68024
10.75
14.64
16
$ 1,702584
S 287,313 (9mgd)
S 1,989,036
2027
69,779
11.03
14.911
16
S 1,702,594
S 287,313 (9mgd)
$ 1,989,906
2028
71,580
11.31
1528
16
S 1,702,594
$ 287,313 (9mgd)
$ 1,989,906
2029
73.427
11.60
15.62
15
S 170 594
S 287313
$ 1,989903
2030
75,321
11.90
15.96
18
$ 1,915,418
$ 223.465 (7mgd)
S 2138,883
2037
77,264
1221
16.31
18
$ 1,915,418
$ 223,465 Vngd)
S 2,138663
2032
79,258
1252
16.67
16
S 1,915,418
$ 223,465 (7ngd)
$ 2138.883
2033
81,302
1285
17.G4
18
$ 1,915,418
$ 223,465 (7mgd)
$ 2,138,683
2034
93,400
13.18
17.41
18
S / 915,418
$ 223,465 m )
$ 2138,883
2035
65,552
13.52
17.80
20
$ 2,128,242
$ 159,618 (5mgd)
S 2$87,860
2DW
87,755
13.87
1820
20
S 2128,242
$ 159,618 (5mgd)
$ 2,287,860
2037
90,023
1422
1661
20
$ 2128,242
3 159,618 (51ngd)
S 2,287,880
2038
92,346
14.59
19.03
2D
$ 2,128,242
$ 159,1118 (5mgd)
$ 2207,860
2039
94,728
14.97
19.46
20
$ 128,242
$ 15B,fi18
$ 2287,860
2040
97,172
15,35
19.90
22
$ 2341,088
$ 95,771 (3mgd)
$ 2438837
2D41
99,679
15.75
20,35
22
$ 2.341,066
$ 95,771 (3mgd)
$ 2436,837
2042
102,251
18,16
20.82
22
$ 2341,066
$ 95.771 (3mgd)
S 2436,837
2043
104,669
18,57
2129
22
S 2341,D66
$ 95,771 (3mgd)
S 2436,837
2044
107595
17.00
21.78
22
$ Z34i.066
$ 95,771
S 2436,837
2045
110,371
17.44
2228
25
S 2660.303
$ -
$ 2660,303
2048
113,219
17,89
2290
25
$ 2660,303
$ -
$ 2660.303
2047
118140
18.35
2332
25 -
$ 2660,303
$ -
S 2660.303
2048
119,136
1882
23.86
25
S 2,660,303
S -
E 2660.303
2049
722210
19.31
24,42
25
$ 2660,303
$ -
$ 2,660,303
- Eldatkg Conbad EW-
City Council Meetings of June 2010 Book °V°
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Councilmember Woodward said the debt, water sales, raw water charge and fixed payment from Tenaska was
profitable for the City, and warded to keep if separate from the discussion of drinking water. He referred to the first
table and said he didn't think it took into account the increase in the University's size or commuters. Councilmember
Woodward said there were still a lot of unknowns and that the City needed to protect what it had, marketing it if
possible.
The Mayor referred again to the chart and the demand it stowed. Mr. Baine said they were looking at an average, but
that in 2009, the City exceeded the 10mgd a total of 27 times. Mr. Bain added that they didn't know what the firth
well production numbers were, and that two wells had been broken for some time.
City Attorney Leonard Schneider said he had contacted TRA earlier in the day, that there was vagueness in the
contract past 2020, and said he believed everyone wanted what was hest for the City. Mr. Schneider said he would
contact the TRA lawyer for clarification for their views, and that perhaps they could wait until the capacity study was
complete.
Councilmember Forbus said he thought there should be a capacity study, and that they needed to know about
population growth, pending the Census, and should be careful of making a hasty decision. Councilmember Ray said it
superficially appeared that the City was paying for water it didn't use, but that they had the additional t Omgd at a great •
rate for nearly eleven years. He also encouraged waiting on the capacity study, getting improved confidence from
TRA, and looking for ways to sell the water.
Councilmember Woodward said his immediate concern was the quantity that might be needed between now and
2020, the quality concerns of the water, and possible plant improvements. The Mayor said there were many issues.
Councilmember Forbus said he would like information on incrementally boosting capacity from TPA, and on
connecting wells. Mr. Pierce confirmed they were working on these issues.
City Council Meetings of June 2010 Book "V'
0 b. Presentation, discussion and possible action to cancel the option for additional 10mgd from TPA, exercised
through October 17, 2006 minute order. [ Counciimember Wagamon]
Councilmember Wagamon referred to the 2000 contract with TRA, that the City could take the additional 10mgd. He
said that in 2006, the City did not need to do something to get the right to pump the additional water, but sent TRA a
letter to exercise the option, even without the capacity to pump it.
The Mayor said the option was couched with "if available' He said the City was told that Houston would receive
around 70 -80°16 of the available water from Lake Livingston, and tow much was left to be sold, that this was what
created a perceived need to act in 2006. The Mayor said that, at the time, it was not exactly dear what the rate for the
10m9d would be in the future.
Councilmember Woodward said that the City was told in 2000 that the option was for an additional 1Omgd, if available.
He said there was much discussion of water being transferred between basins, and that he saw it as an opportunity at
the time. He said he understood paying for water the City couldn't use, but that he thought they were looking past
2020, and he believed they would have the option to continue getting the water after 2020. The Mayor said he would
like to know how much of the 65mgd (that the Council was told was remaining for sale in 2006) had been sold.
Councilmember Foetus said he wanted to know how much was still available. Councilmember Woodward said he
believed TRA would also reserve some water for other options.
Councilmember Ray showed a PowerPoint printout from the TRA presentation, saying the City would have the option
after 2020. He said he wanted to find out what would happen if the option was discontinued and then the City tried to
exercise the option again later.
Councilmember Wagamon asked of what use the option was without a price guarantee. He said they had water
rights, capacity and other issues, but that buying the additional 10mgd had nothing to do with these issues. He said he
wanted to be sure they kept the issue of capacity separate from that of buying water the City couldn't even process,
that capacity was not availability. Councilmember Wagamon asked if Texas Commission on Environmental Quality
(TCEQ) would make an evaluation, and Mr. Pierce confirmed it ceuld be every year or every other year.
Councilmember Wagamon suggested Mr. Pierce's idea of building redundancy into the pumping system was good.
Councilmember Wegamon closed by saying that meeting regulatory requirements through the redundancy perspective
• was important because of the potential costs of future improvements in system capacity.
Councilmember Woodward asked Mr. Pierce about the water for the State Park project. Mr. Baine said the State
counts each three incarcerated individuals as a household in terms of tap numbers, therefore showing the City
needing more water than it truly does. Mr. Pierce said that discussion would also be part of the capacity study
analysis to be done.
The Mayor proposed that there be a standing item on the first agenda of each month to pursue answers.
Councilmember Woodward referred to Counclmember Wagamon's question about how the TCEQ decides capacity
when wells were down or other situations, and suggested submitting questions to Carol Reed, Director of Public
Utilities. Councilmember Wagamon asked that the summary report for the August 10, 2009 TCEQ evaluation of the
City be presented for the Council to review at the next meeting. Mr. Pierre said the Public Utilities Dept. had
discovered the City's compliance issues on their own, rot due to a notice from TCEQ.
Councilmember Barrett said he was very risk averse in issues of water, and that he felt they needed to benchmark 30-
40 years out as best they could. He said he thought they needed a comfortable buffer between what they re doing
and what they're able to do. He said that although he understands the possibility of buying too much, an earlier
agenda Rem refers to the fact that other municipalities are already looking for surface water.
Councilmember Woodward said the City would build wastewater treatment plants for the future, and should do so here
as well, especially as tow this would impact citizens.
Councilmember Wagamon agreed with Counciimembers Woodward and Barrett, and that he thought the Council had
to work hard to make reasonable assumptions about the future. He said he would like the City to be as well -
positioned financially as possible before the City builds a new plant.
Councilmember Cole asked for a field trip to the Tenaska plant. He also asked about the Schweppoo arrangement
from the 1970s, but Mr. Pierce was not familiar with that,
a Discussion regarding possible use of City equipment to facilitate clearing of lot on Smith Hill Road, with work
to be performed by citizen volunteers and police association. [Councilmember Wagamon]
• Councilmember Wagamon said they had permission from the property owner to dear the lot, and Blaine Rogers of the
Police Association offered to dear the lot. Councilmember Wagamon aside if R would be legal for the Council to use
equipment to make an in -kind contribution to this non -profit organization. Mr. Schneider said there would have to be a
reciprocal benefit to the City. Councilmember Forbus suggested perhaps deterring crime would be of benefit to the
Police Department, Mr. Schneider said he would have to discuss it with the Director of Public Safety about findings of
fad.
City Council Meetings of June 2010 Book "V"
Councilmember Barrett said there were residents who had had property condemned, the costs of which they covered
themselves without aid from the City, and that this lot owner should meet the same standards, and was reluctant to set
a precedent. •
Councilmember Ray suggested a lien to the property in the amount of the services rendered. Mr. Schneider said they
would have to follow the procedure.
Councilmember Cole asked if wooded lots had to be manicured, and that he thought the Council needed more
information.
d. City Manager's Report
1. Update on Safe Routes to School grants
Mr. Baine praised the employees who worked on the grant proposals, five of which were approved by TxDOT, for a
total of $1.134 million, and thanked the employees who worked on the proposals.
2. Employee benefits and liability growth
Mr. Baine presented a memorandum to the Council on the challenges of medical, health care and retirement liability
for the City. He said the liability had been growing about $6 million a year over the last several years, and was
currently at about $44 million. He said the solutions were not likely to be popular, but that he felt he had an obligation
to disclose the information.
The Mayor complimented Mr. Baine for addressing this issue and being candid about the need for solutions.
3. Mr. Baine showed a piece of the 8" pipe from downtown, discussing its aged condition.
4. Mr. Baine congratulated the May winners of the Lose For Life competition.
8. PUBLIC COMMENT
Delora King encouraged the Council to err on the side of too much water.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA is
There were no media inquiries.
10. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which
no action wiff be discussed or taken.)
The Mayor discussed the upcoming City's 175P birthday event on July 12'". He also reminded the public about Soldiers
returning soon from Iraq.
Councilmember Woodward announced he would be holding a Ward 2 Town Hall on June 10, at 6pm, at the Katy & E. Don
Walker Education Center.
11. ADJOURNMENT ((��
The meetigg was adjourn" at 8:13pm.
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