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Minutes - 04/19/2011City Council Meeting Minutes of April 2011 Book "V" MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF APRIL 2011, 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, Tom Cote, Mac Woodward, Jack Wagamon, Wayne Barrett, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Bill Balne, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION a. 5- 5:15pm — Viewing of water line section (in parking area) b. 5:15 -5:45 — Council briefing on the changing face of health care in light of budget issues and federal intervention, presented by Sally Nelson, Huntsville Memorial Hospital (in Council Chamber). Sally Nelson discussed the challenges the hospital programs will be facing with potential state and federal cuts, and asked for support with elected officials from the Council and the public. She stated they are facing a proposed reduction of approximately $1.3 million, and impacts resulting from that. Ron Lange, Vice - Chairman of the hospital district, expanded on the remarks, stressing the major impact on indigent care and the hospital's clinic. The workshop ended at 5:51 pm. REGULAR SESSION' [6:0013M] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:00pm. 2. PLEDGES OF ALLEGIANCE AND INVOCATION Councilmember Barrett gave the invocation. 3. PROCLAMATIONS AND PRESENTATIONS a. Proclamation for National Autism Awareness Month 4. PUBLIC COMMENT - Delora King spoke in opposition to attempts to close discussion at the last Council meeting. - John Strickland read his statement that he did not believe Councilmember Olson's statements about living at 1930 Avenue P during the time for the residency requirement for his candidacy for City Council. - Debra Durda spoke about her experiences in residency and address verification, in support of Councilmember Olson. 5. PUBLIC HEARING a. City Council will hold a public hearing to receive citizen input regarding changes to the Development Code as submitted by the Planning and Zoning Commission. [Aron Kulhavy, Director of Public Works] - Chapter 4, Development Districts — the proposed addition of Section 404 Mobile and Manufactured Homes to prohibit future placement of Mobile Homes constructed before June 15, 1976, granting legal non - conforming status to all Mobile Homes legally in place, and adding skirting requirements. - Chapter 15, Definitions — updating the definitions of "Mobile Home" and "Manufactured Home ". The public hearing was opened at 6:19pm. No one came forward to speak. The hearing concluded at 6:20pm. 6. CONSENT AGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item 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 Regular Session held on April 5, 2011. [Lee Woodward, City Secretary] b. Approve Resolution 2011 -13, to accompany the advance funding agreement with TXDaT for the installation of a new traffic signal on Highway 75 at Boettcher Drive, which was approved at the April 5, 2011 meeting. [Leonard Schneider, City Attorney] c. Consider approval of contracts to purchase water and wastewater supplies maintained as inventory in the warehouse andfor used for special projects. [Billie Smith, Procurement Manager] d. Approve Ordinance 2011 -30, temporarily amending the traffic schedule by changing the posted speed limit on a section of State Highway 19 for the duration of the Texas Department of Transportation's (TxDOT) highway improvement project C 109 -9-47, CSJ 01094)9 -047, 2"d reading. [Aron Kulhavy, Director of Public Works] a. Consider the award of bid for street improvements for Avenue D extension [Tom Wager, Project Manager] f. Consider the award of bid for street improvements for north Sam Houston cul-de -sac. (Tom Wager, Project 7. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve the final audited financial statements for the fiscal year ending September 30, 2010, presented by Ken Davis. [Winston Duke, Finance Director] Ken Davis highlighted the independent auditor's report and the Comprehensive Annual Financial Report and discussed the General Fund activity, noting fund balance had been maintained. He said the City's internal controls continued to be effective and that there were no material instances of noncompliance. He lauded the assistance received from the City staff. City Council Meeting Minutes of April 2011 Book "V" The Mayor made a motion to accent the financial statements, which was seconded by Councilmember Woodward. The Mayor also thanked the staff and the City Manager for the management of the City. Councilmember Woodward said the CAFR was available for review at City Hall and online, and commended the Finance Committee and the Finance Department for the quality and workmanship of the document. The motion passed unanimously. b. Presentation, discussion, and possible action to approve Ordinance 2011 -33, to prohibit future placement of mobile homes, require skirting for all mobile homes and manufactured homes, and revise the definitions of a mobile home and manufactured home, l" reading. [Aron Kulhavy, Director of Public Works] Councilmember Wagamon said grandfathering was common in the Code, and that financial straits were often a consideration in compliance. Counciimember Woodward agreed and asked for creative thinking in assisting such citizens, as skirting was a benefit. Aron Kulhavy, Director of Public Works, said the count was around 1600 for both in -place mobile homes and manufactured homes, and the Mayor requested he seek to provide an estimate of how many of these were unskirted. For Councilmember Montgomery, Mr. Kulhavy listed approved materials for skirting, and estimated that costs would vary widely and he would provide them to the Council. Councilmember Fitch had a concern about prohibiting home types and sought information on cost differences in mobile and manufactured homes. Bill Baine, City Manager, estimated that mobile home property taxes averaged about $45 per year per home, in return for all City services, and that there was a fire protection concern due to aluminum wiring. Mr. Kulhavy said the 1976 date reflected state definitions and were not constructed in accordance to any particular code, and also noted the City is prohibited from inspecting interiors and construction of both mobile and manufactured homes. Mr. Kulhavy said the safety concerns for skirting were to prevent child and animal access to the area under the home. Councilmember Cole suggested skirting did not prevent access and could create a haven for snakes and other pests and obstructions to sight for other threats. Councilmember Barrett asked if there was information on the location of all the mobile versus manufactured homes. Mr. Kulhavy said there was not, and that it was difficult to determine type without close inspection. Mr. Kulhavy confirmed said the Appraisal District was a resource for those statistics. 8. MAYOR/CiTY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion, and possible action on formal complaint filed by John Cromer. [Mayor Pro Tern Woodward] Councilmember Woodward said the Council needed to honor Mr. Cromer's complaint, although he felt it was most appropriate in another venue. Councilmember Wagamon called a point of order in reference to the Mayor stating at the last meeting that a motion would be required to discuss this item again. b. Discussion regarding flags at Oakwood Cemetery. [Mayor Pro Tern Woodward] Councilmember Woodward asked that public comments on the issue be directed to the City Secretary's office. Presentation, discussion, and possible action on issues, information, and evidence relating to Citizen John Cromer's formal complaint concerning the residency of Keith Olson and the City Council's obligation to enforce the City Charter's residency requirement. (Specifically, expect the motion "that Council use its Charter powers to take action under Section 4.05, Investigative Body, and /or Section 4.02, Qualifications, to enforce the Charter residency requirements as it relates to the eligibility of Keith Olson to serve on Council. ") [Councilmember Wagamon] Councilmember Wagamon read from the last meeting that the Mayor said the topic would not be opened for discussion without a motion, and stated he did not feel it was right that the discussion for item Be was permitted. He asked that the Council hear from Mr. Cromer and his attorney Bryan Cantrell. Mr. Cantrell said he did not look forward to opposing the Council and took the representation very cautiously as he would need to wholeheartedly believe in it. He discussed how people knew where people in their community lived. He said the Charter provided that the Council was the body that should make the determination. Mr. Cantrell read samples of statements in opposition to Councilmember Olson's assertion of residency, and asked the Council what they were going to do about it. Councilmember Olson asked to make statements under Personal Privilege, Councilmember Wagamon said he had no objection. Counciimember Olson refuted the statements to which Mr. Cantrell referred, giving information he felt he would only know if he were a part of the community, also speculating that Councilmember Wagamon did not currently live at the address on his driver's license. Councilmember Wagamon made a motion that the Council take action to remove Councilmember Olson from City Council for lack of residency. The motion was seconded by Councilmember Cole. Councilmember Wagamon discussed several of the statements, generally noting Councilmember Olson's knowledge of the individuals could be gleaned from walking the neighborhood and speaking to residents. Councilmember Wagamon said Councilmember Olson had said no one else on Council cared about the issue, but that he [Wagamon] had told the neighbors he would bring the motion to Council. Councilmember Olson said Councilmember Wagamon had asked him to produce a single verifiable address which he City Council Meeting Minutes of April 2011 Book Ir had done. Councilmember Olson produced and read excerpts from several affidavits including Huntsville Police officers. He asked the City Attorney if he should not vote on the issue, to which the City Attorney referred to Section 4.05 of the Charter, and said it was his opinion that the Councilmember should not vote. Councilmember Montgomery suggested a court of law or the Attorney General should make the determination. Mr. Schneider reiterated the options is he had provided to the Council, namely that they could vote to investigate the matter and then could take no action, choose to remove the Councilmember themselves, or choose to ask the state to begin a quo wananto action, although he noted the Council did not have to conduct an investigation first, he fell they could only meet the fact-finding requirement by doing so. Councilmember Johnson said he was embarrassed to be a part of "this very continued dark time" on Council and had never seen such an attempt to discredit one of the four newly-elected Councilmembers. He said he had received many calls asking when the Council would begin to be responsible, and had many reasons to disbelieve what he was hearing, taking the Mayor to task for permitting Mr. Cantrell to testify as though in court. He said he thought the Council should collectively apologize to the City, and that he opposed the motion. Councilmember Fitch said he that he had been acting as a sort of go-between to seek a solution, which he had not come to as he had no reason to disbelieve persons on either side of the issue. The Mayor proposed a fifteen-minute recess. Councilmember Wagamon suggested he would not be receptive to statements not released fully to the Council because he felt it improper they only be alluded to. The Council recessed at 7:46pm. The Council reconvened at 8:01pm. The Council took a moment to review the affidavits Councilmember Olson had produced. Councilmember Wagamon referred first to affidavits that did not address the relevant time frame, then those that were, saying he did not believe that both these and the statements of the neighbors could both be true. Councilmember Waaamon made a motion to continue for review of documents. Councilmember Cole seconded the motion. Councilmember Woodward asked if the Council was beginning an investigation, and noted it had not approved an Investigation. Mr. Schneider pointed to 13.3 in the Rules of Procedure, that investigations should not be conducted during regular Council meetings. The Mayor said there could not be a motion for continuance on an investigation without a motion to investigate. Mr. Schneider said he believed the correct procedure to be an investigation, and referred again to his memorandum, suggesting they review the results of any investigation and then take action. Councilmember Waaamon and Councilmember Cole consented to the withdrawal of both motions on the table. Councilmember Waaamon made a motion for a Section 4.05 investigation. Councilmember Cole seconded the motion. Councilmember Montgomery thanked Councilmember Wagamon for withdrawing his motions, saying she believed this should go through a court and would like to know about the involvement of the Attorney General and a legal opinion before the Council made a decision. The Mayor suggested the City Attorney outline options. Councilmember Wagamon said it was not a credible option to hope the AG or Secretary of State would become involved, and said, on purely political bounds, he did not recommend turning the case over to the District Attorney, that it would put [Mr. Weeks] in a very difficult position. Councilmember Wagamon said that, even though he did not like to spend the money for it, that perhaps outside counsel should be hired. Mr. Schneider said he would be in conflict it he participated in the Investigation, recommending the employment of an outside attorney. The Mayor sought parameters for scope of expenses and time. Councilmember Wagamon said he thought it would be as simple as depositions. Councilmember Olson suggested a vote on action should occur before voting on scope, disputed Councilmember Wagarrion's refutation of his [Councilmember Olson's] affidavits, and stated any investigation should be very thorough. Mr. Schneider suggested an Executive Session to give legal advice. The Council adeourned into Executive Session at 8:28=. The Council reconvened at 9:11 gm. The motion failed, 2-6. Councilmembers Cole and Waaamon voting for the motion. Councilmember Olson filed a conflict of interest and did not vote. d. Discussion of Economic Development Ad Hoc committee. [Mayor Turner] The Mayor said the committee would bring a plan to the first meeting in June. The Council permitted Mr. Wendell Baker, Sr. to make a Public Comment. Mr. Baker thanked the Council and spoke in opposition to the Confederate flag at Oakwood Cemetery. a. Presentation, discussion, and possible action to approve contract with Bickerstaff Heath Delgado and Acosta, LILP, for initial assessment only for redistricting. [Mayor Turner] The Mayor acknowledged an unsolicited offer from an additional law firm and proposed that this issue be delayed. Mr. Schneider urged the Council to make a decision at the next meeting in the interest of timing of the fall election. f. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. City Council Meeting Minutes of April 2011 Book "V" 2. Update on Highway 19. 3. Discussion of 1-45/Highway 75 North interchange 4. Update on plasma plant visit 5. Discussion of economic development Mr. Baine said the library was doing well, and that the City was sealcoating streets, asking for the citizens' understanding. He said Wal -Mart was pulling permits for upgrades. For grants, Mr. Baine said he was waiting on some responses he needed to replace the bathrooms at Kate Barr Ross Park. He said he didn't anticipate finishing the year with extra money, in large part due to increased gasoline pricing. Mr. Baine discussed outages on McGary Creek and that he would be requesting $106,000 for pipe. He said Well #13 had a broken motor needing replacement for about $125,000. He said sidewalks would have to be contracted. Mr. Baine said the groundbreaking for Highway 19 would occur in May and invited the public to thank Representative Kolkhorst and TxDoT. Mr. Baine showed a slide of the 1- 45fHighway 75 interchange and discussed TxDoT funding. He also discussed speed issues on Avenue S and said Mr. Kulhavy had said the City would likely have to resort to speed tables. Mr. Baine said he had visited the Air Force plasma test unit and noted it did not smell or pollute, although it was expensive and mostly constructed in Europe, making it not viable for the City at this time. Mr. Baine said the Disc Golf Tournament was a big success, but that HOT tax income would likely be down 5 -7 %. He said the City was in the fire danger area. Mr. Baine said there had been no improvement on the wet -dry restrictions. Mr. Baine thanked Councilmember Barrett for setting up the Economic Development Ad Hoc Committee trip to Auburn, and discussed their success. Councilmember Barrett said he was thrilled and appreciated the committee going. He said one of his top concerns when he first ran for Council was economic development and had seen 15 -20 years of progress in Auburn while it retained its character. Councilmember Barrett felt many of Auburn's principles could be put in place in Huntsville. He said the City had to take the lead, but it would take the full participation of all local entities and citizens and called on them to help and "be willing to plant shade trees that they'll never sit under." Councilmember Johnson discussed many of the positive features of Auburn, and the most impressive parts of Auburn's program, especially the continuity and flexibility within it, and the cooperation and cohesiveness among City leaders. The Mayor emphasized well- defined targeting and recruitment of what is desired, and the diversification and maintenance of small -town atmosphere enabled by seeking smaller companies. He said he felt Auburn showed the success possible. Councilmember Olson thanked the time the committee had spent, and acknowledged Councilmember Barrett had "taken the bull by the homs " 9. PUBLIC COMMENT Walter Boyd, Sr. spoke on residency, hailed the Mayor for his presiding over the meeting. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA Tod Brock asked what the formal answer was to Mr. Cromer's complaint. Mr. Schneider said the complaint was considered and there was a vote not to investigate. 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.) a. The Farmers Market will begin Saturday, May 7, from 8-noon. b. The City will be closed for Good Friday on April 22, 2011. c. Town Creek Music Festival will be held downtown on May 14, gates open at 3pm. Councilmember Woodward noted Thursday would be the 175"' Anniversary of the Battle of San Jacinto and that there would be the annual flag- changing ceremony at Oakwood Cemetery at 5:30pm. Councilmember Wagamon noted the annual NAACP Banquet on April 29"'. 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, Altom v. the City of Huntsville. [Leonard Schneider, City Attorney] This item was deemed unneeded. 13. RECONVENE a. Take action, if needed, on items discussed in Executive Session. No action was taken. 14. ADJOURNMENT e meeting adjourned t 10:06 p.m. Le ard, City retary