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MIN CC 08/03/2010City Council Meetings of August 2010 Book "V" MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3l" DAY OF AUGUST 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, Charles Forbus, Lanny Ray, Dalene Zender, Melissa Templeton, Wayne Barrett, Tom Cole COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Bill Baine, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION [S:DOPM] The Council will discuss the proposed budget for FY10 -11, including a presentation from Winner's Circle, and discussion of capital projects. [Winston Duke, Finance Director] Kent Lucas of Winners Circle gave a presentation on the work of the organization, in order for the Council to consider including it in the FY10 -11 ran- profit funding. The Council reviewed an updated proposal for a 5-year CIP plan (below). [This CIP chart shows Phase I on lines 10 and 11. Councilmember Wagamon noted in the Council meeting on August 17, 2010, that the chart received at the August 3, 2010 workshop showed those lines listed as Phase II. He said that, in the workshop, he had asked when Phase I might occur, and was told they expected it between August and November of 2010. Councilmember Wagamon requested this information be placed in the minutes, and the motion to approve the Consent Agenda was passed unanimously as such.] cu3ex� F Y�cp Mal ,I It u • rur au,a a,or ,mns m of 3 � S as f s - i A i PG S 3 -i KJ9 no v n eIDio 4n 'm 3 S A - S 34 3 SR S ,9S S A f a — _ "��ItitililrLiYri•aliD - ��rarsa�s�uss� ,-, �•�1� =ti =LiJllti =� =fit i� s� MMEZ31 {tea �W ® F1iS -' rur au,a a,or ,mns m of 3 � S as f s - i A i PG S 3 -i KJ9 no v n eIDio 4n 'm 3 S A - S 34 3 SR S ,9S S A f a City Council Meetings of August 2010 Book "V" A s fm s s s s m a m { m - s s m - a m 0 I s m s ➢fi�.?9FfF:�F�A:_YS 4 lcfo m . { Ti - a n a m s )s m m s w m t f m - } IDI -a — am ..CYO RSNf Rne RYQ RSLV RYg 10 ,... ' +.rw }kssssf�a" i - a iN s Q f 9 4] { P9tNYptPNan 3 $ { m Ta01 )1'9 4 f[S { ma f 1 iV 'aJi - f NY f ]m 3 99 S 1]0 3 91 3 IS YS 3 W - s m - S n - S m - - a Sn Q- Ytii�... RMf Af3y - RQn R64 Ron. 1Mi MgnNS�65ib1o+ Y.4e1 ! NG f M 4 itl IIS wenM'aayaYYY�n f f m �tlae! P]s S t f Ym MMY�SaW S +X { O4 g bG a a X RetlSM 3 Y5 t 1e L�+ Y+m -aria } • m YweffM`4 W 3 9 { n +ann s fQ a. Qu aY s - [l.af.i R1NS RN.Q R6Q ReY. R Sf TIY - S W - f m 3 m - } a: aim f Sa 1 %3 f am - s w - mYgen s ML 1m s s m t w awwfw f m f iS { go s s w S.Oa1 -heW 9+W. -a.W SrFeMiavm+!]L.U4n 3 b f fe msawpv -+mrn I'4f�V6stlenia�m.YMn�$ f +w M r A s fm s s s s m a m { m - s s m - a m 0 I REGULAR SESSION' [6:00PM] t. CALL TO ORDER Mayor Turner called the meeting to order at 6:02pm. 2. PLEDGES OF ALLEGIANCE 3. INVOCATION • Councilmember Barrett gave the invocation. 0. PROCLAMATION The Mayor read a prodamation in honor of Charlecia Johnson's achievements at Sam Houston State University. l�iaF ➢fi�.?9FfF:�F�A:_YS fasssf�w-=r ,... ' e�suJltiiti'J[�9l�J�f] }kssssf�a" i REGULAR SESSION' [6:00PM] t. CALL TO ORDER Mayor Turner called the meeting to order at 6:02pm. 2. PLEDGES OF ALLEGIANCE 3. INVOCATION • Councilmember Barrett gave the invocation. 0. PROCLAMATION The Mayor read a prodamation in honor of Charlecia Johnson's achievements at Sam Houston State University. City Council Meetings of August 2010 Book'V" 5. PUBLIC COMMENT • Jake Fuqua spoke on the traffic issues on Avenue O. He said he had been before Council three times without being responded to by Council. 6. CONSENT AGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item maybe 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 20m of July 2010. [Lee Woodward, City Secretary] Councilmember Zander made a motion to approve the Consent Agenda Councilmember Ray seconded the motion. The motion passed unanimously. 7. STATUTORY AGENDA a. Presentation, discussion and possible action to authorize the City Manager to sign an Unobstructed Easement on behalf of the City of Huntsville for property in the 1600 block of Sycamore Avenue. [Aron Kulhavy, Director of Public Works] Councilmember Ray made a motion to approve the Consent Agenda Councilmember Zander seconded the motion. Aron Kulhavy, Director of Public Works, said the easement was required to remain unobstructed sight lines for traffic pulling out of the proposed development, onto Sycamore. Mr. Kulhavy said the City had agreed to be the enforcement authority for the easement. Councilmember Wagamon said this was the best thing ever built across the railroad tracks. Chuck Carroll of American Campus Communities introduced himself as the developer, explained details of their work. • The motion passed unanimously. b. Presentation, discussion and possible action to approve sale of two of the Trust Properties; Property # 1 (113#24604) & Property # 3(ID# 27987). [Winston Duke, Finance Director] Councilmember Forbus made a motion to approve the sale. Councilmember Templeton seconded the motion Winston Duke, Finance Director, said the Appraisal District sent over three bids on Property #1, on which the City was the high bidder. He said the City had sent letters to the other taxing districts, asking them to table or reject the offer on Property #2 (in Statutory item c), thereby giving the City the opportunity to bid. Mr. Duke said there were two bidders for Property #3, and that he recommended accepting the bid for $501. Councilmember Templeton clarified that the City had failed to make a timely bid on Property #2, and had asked the other entities to start over so the City could bid. Mr. Duke said he didn't know how it had occurred, but that the City's bid was not received until after the property was on the Courthouse steps. He said he understood that the County had rejected the bid, and the School District had tabled it, per the City's request. Mr. Saine, City Manager said this one -acre property would be a responsible purchase for the City, for future easements and circulation. The motion passed unanimously. c. Presentation, discussion and possible action to reject bid on Property #2 (ID #24645) and allow City staff to purchase Property #2 (ID #24645) for future projects, in the amount up to $5,000.00. [Winston Duke, Finance Director] Councilmember Templeton made a motion to reieot the bid. Councilmember Forbus seconded the motion. Councilmember Cole said he felt the City was taking advantage of the two individuals who legitimately bid on time, and that the City ought to forfeit its chance, and that it seemed the City was using its superior position to manipulate the system. • The motion passed !%I Councilmember Cole voting against d. Discussion of promoting local hotels through the TxDoT LOGOS Sign Program with the use of Hotel Occupancy Tax funds. [Kimm Thomas, Director of Tourism and Cultural Arts] Councilmember Forbus said the HOT Board had discussed the item at their last meeting, and that they thought using HOT funds to promote local hotels was a good idea, but they had not prepared a recommendation to the City Council Meetings of August 2010 Book "V' Council yet. Mr. Baine said the City needed TxDoTs help, as this was a very competitive market. He said he had asked • Kimm Thomas, Director of Tourism and Cultural Arts, to check with other area Convention and Visitor Bureaus, and that they were overwhelmingly not in favor of it. Councilmember Cole said that he thought that, in the interest of fairness, it would be better for the hotels to buy their own signs, as they were all being taxed, and only some would be on City - purchased signs, Councilmember Ray said the blue signs on the side of the road are charged for by TxDoT. He said that the idea was to capture travelers from the north before they got passed the City, especially with all the recent movement of the exits on the interstate. Councilmember Ray made a motion to refer the item back to the HOT Board. Councilmember Forbus seconded the motion. Councilmember Templeton said visibility for small business is of utmost importance, and additionally due to the difficulty of exiling 1 -45 to reach a desired business. She said she understood Councilmember Cole's concern about fairness, and recommended the HOT Board take up the issue. Councilmember Barrett said he had traveled recently, and was quite dependent on the signs. However, he said he had a question as to whether cities normally bear this expense, and had some reservations about the City going into business and helping with advertising, and suggested they look for another way to help with promotion. City Manager Bill Baine reminded the Council that this discussion was about Hotel Tax money [not General Fund], primarily designed to help hotels. Councilmember Templeton said getting people to exit was most important, as there was then an expectation that hotels and restaurants would be generally grouped. The motion passed unanimously. 8. MAYORICITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion and possible action to discuss wader policy issues. [Standing item on first agenda of each month.] [Mayor Turner and Bill Bain, City Manager] • The Mayor said this month's discussion would be about well water. Carol Reed, Director of Public Utilities, discussed a map of well locations, and a chart showing status and maintenance of the wells (both below). • City Council Meetings of August 2010 Book "V" W STmswom W09 hptluRbP W"baw 0s., MalntarvMeNMdry GpM� SbWs ]3 ]CO 1$9 Nmmal rtwRa seluary 3.3 D]3 b,WeialreerWahs Well ness wemree, kc Ilwlka a new Geua•s vnm p me a nn u,wr am[ maalke m WefiQM'IstI gelavary lg.3gQ1. WetegewNl,<[taw, ena Pertezmeeln 3tU3, wean nola„hi R kmsxiggbwellazg6tlme. la $Z$ 1 %3 Undn FepaM Mneln6 rawoM1Man] /39 %dplWNny MC <nqy l5 zbge GOM85 Wmp,"eaML IrW, Thee iunnpipep adoi,andosgpecl f erred me weg w. aamre �I m a„a f ey,:ea. fnange In qe p�.nv setl4ghwn6bfeNb 6.IDhetlWS wxgis,vumW uMerRpY. 1$ 9CO I%1 Mrmal Iy[RpYSwpecpnpktetlb/AlyY en9/13/SD]$. lM1ry lmRlkdanN/9 s[;! Merlon T,nbirrt Pump ma a new Inter. 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Mz b qe weY teR tlR[ wxpvMmedon IDl9, we do nolamltlpatewrvpreMemswiq W[xell at g tlnw U 9OJ 19]11 UntlerRWif Th swell lzu,nlnW aoWnbrpmpa MUa a rms led ne wmplNe A rew subn wslbk purr p aM motor was IRtaged wXh new mlunn I eMarcwllner. }D 9]II ]9]3 Nwinvl Wahr WNl.N.Pls wellm pyr[h L1, 30J3. 1hwrepYCetl Nslsmp qe WmpaMY,[bNearcr Wnlpingcryapmmt hadditivnLrv[wNlhsa ew Fwr;tn P wetl hRMat was pwh,medon 2pK wean 1, ah4ogemwiMg ,Man[Itl Ran rizwNlat ghXme. b. Presentation, discussion and possible action regarding update of ongoing litigation against the Huntsville - Walker County Chamber of Commerce to recover misspent and misapplied Hotel Occupancy Funds, primarily to update the citizens and council as to what has occurred and is in the public record and or available to the public. [Councilmember Ray] • Councilmember Ray said there was a hearing on the City's Motion to Disqualify this Thursday, over legal representation on behalf of the Chamber. He said mediation is still set for September 3. He said the City had sent a demand letter within policy limits, to which the Chamber responded "no." Councilmember Ray said the Chamber had requested a number of depositions of City personnel. He said the documents required of the Chamber, by the Court, were still being reviewed for completeness. He said the Chamber had paid the $3,000 they were required to pay for legal expenses on behalf of the City. c. Presentation, discussion and possible action to approve settlement on Entergy rate increase. [Leonard Schneider, City Attorney] Leonard Schneider, City Attorney, discussed the advisement of a proposed settlement recommendation, and that he recommended the Council not oppose the settlement. He answered a question of Councilmember Forbus', that the proposed settlement was a reduction of approximately 75 %. d. Discussion of sunsetting committees. [Mayor Turner] The Mayor said the City had around fifteen committees, and that he thought there might be merit in the Council reviewing perhaps three committees annually in a "sunset" schedule, to ensure the committees were still relevant. Councilmember Forbus asked if the Mayor had any committees in mind to sunset. The Mayor said he did not but that he thought is was healthy to review things from time to time, and a process for doing so. Councilmember Woodward asked how committees were dissolved other than by not making appointments. The Mayor said he didn't know it it had ever been done or how they would go about it. Councilmember Barrett said he thought everything the Council does should be reviewed, and that perhaps there were committees that might be needed to be formed. Councilmember Wagamon said he thought the mechanism for dissolution would be to repeal in the same method by which the board or commission was formed. • e. City Manager's Report 1. Update on extension of golf course lease with Sam Houston State University. City Manager Bill Baine introduced new Fleet Manager Michael Cloud. Chief Kevin Lunsford introduced Lieutenants Darrell Slavin, James Barnes, and Curt Landrum. He emphasized their training, experience and community involvement. He also said he would soon be promoting four Sergeants, and realign assignments in the department. City Council Meetings of August 2010 Book "V" Mr. Baine thanked Winston Duke, Finance Director, and Rachel Smith, City Accountant, for their work in the Finance Dept. Additionally, Mr. Baine commended Procurement Manager Billie Smith on her work. • Additionally, Chris Vasquez, IT Director, was praised for his performance. Mr. Baine thanked Mayor Turner and Councilmembers tender and Ray for greeting the returning Soldiers, and praised Capt. Harty for his work in shepherding the civilians attending the returns. The Mayor called the Captain a "champion for our community", the Council took the opportunity to shake the Captain's hand, and he received a standing ovation of thanks. The Mayor said how glad he was that the Soldiers were home, and explained that Soldier Commemorative Coins were available for a minimum donation of $20. Mr. Baine passed out an update on his meeting with incoming SHSU President Dr. Dana Gibson, and discussed the proposed extension of the golf course lease for another five years. He said she had said the University would review the purchase of the property again. Mr. Baine suggested he sign the extension. Councilmember Ray pointed out that the University agreement included their willingness to consider a purchase of the golf course in four years, which was very positive. He lauded Mr. Baine for his work with the University, the continual improvement of relations with the University, and the importance of the students to the community. Councilmember Forbus said the City Manager had also developed a lot of relationships with TDCJ and was doing a great job in a lot of areas. Councilmember Wagamon asked if the extension incorporated changes to the original agreement. Mr. Baine said he didn't think the prior agreement addressed the drainage. Councilmember Wagamon mentioned that there were properties in town that the City did not own, nor did it own the easement, and that there was a liability issue in accessing these properties to do repairs to control water retention and flooding. He said the Development Code addressed the flow of water, but the City was not obligated to fix every drainage problem in town. He said he was concerned with the dollar exposure the City would be committing to, and that it might be working on drainage issues it did not own. Councilmember Wagamon asked if this extension required a vote of Council. Mr. Schneider said it was not an action item, and said that he would like to recommend that they know the • SHSU President had the ability to sign the extension, and that he would like to review the agreement further. Councilmember Wagamon said the Development Code was very explicit on responsibility for water flow and retention. He further said that the Code required that developments build with an eye to upstream water flow, that the City was not developing upstream, and asked that the City Attorney be attentive to it. Councilmember Ray said he understood Councilmember Wagamon's concerns, but that the City did build the golf course and did own it. He also pointed out that the agreement said the "City would continue assisting ", which he viewed as an establishment of good faith. Mr. Baine said that, in his discussions with Dr. Gibson, he had pointed out what percentage of the drainage the University was responsible for, and the Dr. Gibson had agreed that the University would [and did) "pay its share." He said he had also asked for a detention pond [at the prior Ag Center by 1-451, and she agreed to it. He said she had shown herself to be reasonable. Councilmember Wagamon said the City did not own the golf course, although they did build it, which he said was an important legal point. He said he was glad to see the City building a relationship with Dr. Gibson and the University, but wanted to be sure the City was legally responsible. 9. PUBLIC COMMENT There were no additional public comments. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA The Mayor introduced Lisa Trow, the new editor of The Huntsville Item. Ms. Trow asked about Well 14, if the City had received complaints. Mr. Baine said the well operators and machinery had alerted them. Ms. Trow asked what the percentage was of wells to surface water, and the Mayor said they could prepare a report to address background questions. Ms. Trow asked what the proceeds of the Soldier Coins would be used for, and the Mayor confirmed it would go to the • having the returned Soldiers attend the Wounded Warrior banquet on January 13, 2011. 11. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.) City Council Meetings of August 2010 Book °V" Kimm Thomas, Director of Tourism and Cultural Arts, announced Military Family Fun Day would be Saturday, August . 7, for the 368"' Military Police Company of the U.S. Army Reserve, at Kate Barr Ross Park from 12 -5pm. Councilmember Wagamon mentioned the Emergency Personnel Appreciation Dinner to be held at the Storm Shelter Saturday evening at 6pm. u • Matt Lumpkins, Director of Community Services, announced Youth League Night at Kate Ban Ross Park on Thursday, August 12, to thank the Dept. of Energy for new lights on Fields #7 and #8. The Mayor announced that Wednesday, August 4 was Councilmember Barrett's birthday, and the assembly sang Happy Birthday to him. 12. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 — consultation with counsel on legal matters including current and pending litigation, including, but not limited to, suit by George Russell, and suit by Marion Harvey. [Leonard Schneider, City Attorney] The Council adjourned into Executive Session at 7:27pm. 13. RECONVENE a. Take action, if necessary, on item addressed during Executive Session. The Council reconvened at 8:10pm. The Mayor said the Council did not have any additional action to take. :10pm.