Minutes - 05/03/2011City Council Meeting Minutes of May 2011 Book "V"
MINUTES FROM THE HUNTSViLLE CITY COUNCIL MEETING HELD ON THE 3R° DAY OF MAY 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 Cale, Mac Woodward, Jack Wagamon, Wayne Barrett, James Fitch, Lydia
Montgomery, Don H. Johnson, Keith D. Olson
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Bill Baine, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary
WORKSHOP SESSION [S:OOPM] - Discuss FY2011 -12 Capital improvement Projects. [Aron Kulhavy, Director of Public
Works]
The Council reviewed the CIP budget schedule for the next several years. [A copy of schedule is available in City Secretary's
office.]
REGULAR SESSION' [6:OOPM]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:OOpm.
2. PLEDGES OF ALLEGIANCE AND INVOCATION
Councilmember Barrett gave the invocation.
3. PROCLAMATIONS AND PRESENTATIONS
a. Proclamation for Municipal Clerk Week
b. Proclamation for Building Safety Month
c. City Manager recognition of employees
Mr. Baine recognized Billy Wavra (Network Administrator), Joyce Dunaway (Data Control Clerk), and Use Hall
(Engineering Design Technician) for their technical and customer service skills and service to the City. Mr. Baine and
the Mayor also thanked Sgt. Roy Moore, Det. Scott Bennett, and Det. Stacy Smith for their formidable endeavors in
apprehending four professional thieves who recently committed a murder locally.
4. PUBLIC COMMENT
Walter Boyd, Sr. invited the public to an upcoming event at the Wynne Home, a going -away party for Lorri Wagamon.
S. PUBLIC HEARING
a. City Council will hold a public tearing 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 6:23pm. A letter from mobile home park owner Perry Little opposing the changes was
read into the record. The hearing concluded at 6:27pm.
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 19, 2011. [Lee Woodward, City
Secretary]
b. Authorize the City Manager to enter into a Partnership Agreement and participate in the Houston - Galveston
Area Council (H -GAC) Sustainable Communities Consortium through a Memorandum of Understanding
(MOU). [Dr. Sherry McKibben, Community Development Specialist]
c. Ratify emergency purchase of pipe for McGary Creek, and consider approval of purchases of PVC pipe and
PVC materials on an as- needed basis for inventory and/or special projects. [Billie Smith, Procurement
Manager]
d. Ratify action of City Manager to replace approximately 4,000 linear feet of existing 14" PVC force main rear
the McGary Creek Lift Station. [Carol Reed, Director of Public Utilities]
e. Consider the purchase of software for the purpose of managing citizen requests, permits, code enforcement,
work orders, fleet, and inventory. [Chris Vasquez, IT Manager]
f. Consider the addition of a splash pad with amenities at the Huntsville Aquatic Center. [Dr. Sherry McKibben,
Community Development Specialist]
g. Approve Ordinance 2011 -35, amending the budget for FY10 -11. [Winston Duke, Finance Director]
h. Consider award of contract for drainage study, design, and engineering of Town Creek Phase 1 award of the
FEMA Hazard Mitigation Graf. [Dr. Sherry McKibben, Community Development Specialist]
Counciimember Woodward made a motion to approve the Consent Agenda Councilmember Montaomery seconded
the motion The motion passed unanimously. Item a had been pulled by the City Manager. Councilmember Cale
signed a conflict of interest on items c and d, and did not vote on those items.
The City Manager responded to Councilmember Montgomery's question on item c, stating that the PVC pipe price
was increasing every five days, and that there had been a number of breaks. Councilmember Montgomery stated she
City Council Meeting Minutes of May 2011 Book "V"
understood this was also related to the disaster in Japan.
Councilmember Barrett asked to pull f, g. and h.
Councilmember Olson asked about the McGary Creek force main, and the City Manager confirmed the original pipe
was perhaps "less capable" than it should have been, but that other cities with the same pipe have been having similar
problems, and that at this time not all of the pipe was being replaced.
The motion for items alb, c, and d passed unanimously (8 -0 on items c and d).
Councilmember Barrett made emotion to approve item f, the motion was seconded by Councilmember Cole.
Dr. Sherry McKibben, Community Development Specialist, described the bond and grant funding history of the
proposed splash pad. Mr. Baine described the project as an option for those who could not afford $1 to get into the
pool or whom did not have an adult to supervise the children, and discussed what tax money would cover. Dr.
McKibben said they hoped the pad would be open by August 5.
Councilmember Woodward made a motion to suspend the rules for a second reading regarding the amount of the
moiect. Councilmember Waoamon seconded the motion. The motion passed unanimously.
The original motion for item f passed unanimously.
Councilmember Barrett made a motion to approve item gland was seconded by Councilmember Woodward.
Councilmember Woodward thanked the donors to the library.
The motion passed unanimously=
Councilmember Barrett made a motion to approve item h and was seconded by Councilmember Fitch.
Councilmember Barrett pointed out the grant had a three - to-one match, and pointed it out as a big project on which
City staff worked hand. Dr. McKibben recapped the project's history and stated the City hoped the staff's time and the
initial $50,000 for engineering would count toward the City's match.
The motion passed unanimously.
7. STATUTORY AGENDA
a. Presentation, discussion, and possible action to approve Ordinance 2011 -33, to prohibit future placement of
mobile homes, require s=kirting for all mobile homes and manufactured homes, and revise the definitions of a
mobile home and manufactured home, 2nd reading. [Aron Kulhavy, Director of Public Works]
Councilmember Johnson made a motion to the Ordinance, which was seconded by Councilmember
Woodward.
The Mayor stated he would like to amend the Ordinance existing homes arandfathered, which would carry with a
structure, not the location, for an owner - occupied home, as long as it was under the same owner and remained in the
City. Councilmember Montgomery seconded the amendment.
Councilmember Olson said he supported the amendment, but noted the low value and extremely low property tax
received by the City from such homes, which still received all City services. Councilmember Montgomery asked about
an appeals process or extension for individuals who could not afford skirting. Councilmember Johnson clarified the
Mayor's intent that multiple moves within the City were permitted under his amendment.
Councilmember Olson clarified rental units would have to conform to the new guidelines. Aron Kulhavy, Director of
Public Works, confirmed the consideration at this time was only for dwellings. Mr. Schneider, City Attorney, said he
believed a pre -1976 mobile home would have to be used as a residence at the time the ordinance is passed, they
could not be brought into dwelling- spaces later. Councilmember Wagamon noted local mobile home parks were
rather full and that many people who were displaced did not usually have a lot of money to move into subdivisions and
neighborhoods. He asked the Council consider that the grandfathered homes not be limited to mobile home parks,
and the Mayor confirmed his amendment was in agreement.
Mr. Baine confirmed there were only about 130 pre -1976 mobile homes in the City and they paid about $44 annually in
property taxes. He said that in the last year only 35 single family homes had been built in the City, but 75 trailers had
been brought in. He said that this concern was for the health of the City and that they consider the services provided
for in comparison to the tax revenue.
The amendment passed unanimously.
Councilmember Montgomery reiterated her earlier concern about the 180 -day requirement for skirting. Mr. Kulhavy
confirmed the Zoning Board of Adjustments appeal process would apply for these situations. Councilmember Barrett
said he wanted the skirting - orandfathered in and made an amendment to rewrite the proposed ordinance so that the
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last sentence of 11 4041 (1) would be chanced from "shall have 180 days followina notice to the owner to install the
reaulred skirting " to read "shall be exempted from the uireq rement " Courx;ilmember Olson seconded the motion
Councilmember Barrett said this would create an unnecessary hardship for the families on whom this would be
Imposed and that this was not the time to send "a $1,000 bail" for which there would be no increase to the tax value of
the structures. Mr. Kulhavy said a more accurate estimate would be about 550 homes. Councilmember Barrett said
he would exempt owners and occupants at this time, but require it of subject homes going forward.
Councilmember Wagamon pointed out areas of town where owners took more pride in their homes and said those that
did not look good were due to a lack of financial resources. Councilmember Olson said he agreed but had concerns
about owner - operators of lower - income mobile home parks who needed to improve their portions of the City.
Councilmember Olson said perhaps there could be a time period. Councilmember Barrett agreed, but felt that it could
result in increased rents to those who could little afford it.
Councilmember Barrett reminded the Council that these residents created more for the community than merely
property tax. Councilmember Fitch asked about tracking owner - operators and Mr. Kulhavy said he felt it could not be
well - enforced.
City Attorney Leonard Schneider suggested he and Mr. Kulhavy bring the item back on the next agenda.
Councilmember Woodward clarified that the grandfathering applied to owner - occupied dwellings until they ownership
passed to another or the unit was moved outside of the City, and that the skirting was grandfathered for all applicable
dwellings currently within the City.
Councilmember Olson made a motion to table to the next meeting and was seconded by Councilmember
Montgomery. The motion passed unanimously.
b. Presentation, discussion, and possible action to approve Ordinance 2011 -34, amending the Code of
Ordinances of the City of Huntsville to prohibit drilling upon certain lands, and making provisions for
variances from the Code, I'm reading. [Aron Kulhavy, Director of Public Works]
The City Manager confirmed the City owned 718ths of the mineral rights for the City property indicated, and that the
City would receive a portion of the production profits if successful drilling occurred on those lands. Councilmember
Olson asked if there were any parameters under consideration and the City Manager said the City "would not be
taken." The City Attorney pointed out the Charter required the City received a minimum of 118 of the royalties. Mr.
Baine said the City would hire professionals to aid the City. Councilmember Woodward said he felt the City should be
able to get the market rate as mineral owners and royalty participants.
Councilmember Wagamon asked about oil and gas waste. Councilmember Olson said production often involves briny
water calling for an injection well for disposal and that the process is highly regulated by the Texas Railroad
Commission. Counciimember Montgomery asked how close neighborhoods be. The City Manager said current
property owners in the City were held to 200', but he did not want to be that close. The City Attorney said he
recommended the language to which Councilmember Wagamon referred to reinforce the City could regulate drilling
and would not endanger the City wells. Mr. Kulhavy confirmed the current ordinance called for 5007.
8. MAYORICITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion and possible action to discuss water policy issues. [Standing item on first agenda of
each month.]
Carol Reed, Director of Public Utilities, gave an update on the status of the City's wells. She said Well #13 had a
catastrophic pumping failure recently and it has been determined to replace it with a less expensive well. She said
Well #14 had been plugged, and Well #17 repairs were completed in March. Ms. Reed said Wells #15, 18, 19 and 20
were operating as expected.
Councilmember Olson asked about peak production, and Ms. Reed said there had been some nitrate level challenges
but that rain up north had improved that. She said an interconnect with WCSUD had been utilized to aid in the effort.
Councilmember Olson asked if the City was using all the water it had, and Ms. Reed said she had a concern about the
amount being used this early in the year coupled with the lack of rain. She said there was a water rationing
contingency plan should the situation become serious. Mr. Baine said he intended to proceed with emergency
procurement when the bids for Well #13 was opened, and shared his concerns on water levels.
Councilmember Woodward said there would be ongoing communication with the public about the water issues.
Councilmember Wagamon said he served on the Communications Committee and that the City Connection was
providing ongoing information.
b. Presentation, discussion, and possible action to approve contract for redistricting. [Mayor Turner]
The mayor made a motion to retain Olson and Olson to handle redistricting Councilmember Woodward seconded the
motion.
The Mayor said former City of Huntsville City Attorney Scott Bounds would be the lead attorney at Olson & Olson for
this project, and that he had handled the last two redistrictings for the City. Councilmember Olson confirmed that
City Council Meeting Minutes of May 2011 Book "V"
Olson & Olson would be doing redistricting for Walker County as well. The Mayor asked that the Council keep in mind
that the City's redistricting would be a first step for the County's work.
Councilmember Wagamon recalled a discussion of the City becoming an all -ward system. He said it might be a good
discussion for the Council. The Mayor said he thought this was a Charter issue and might be more appropriate then.
Councilmember Cole asked about the pricing from each firm and the Mayor and City Secretary briefly addressed the
proposals and concerns.
The motion passed unanimously.
c. Presentation, discussion, and possible action on nomination of John McManners to Veterans Affairs Advisory
Board, to fill open position. [Mayor Turner]
The Mayor made a motion to nominate John McManners. Councilmembers Johnson and Olson seconded the
motion. The motion passed unanimously.
d. Presentation, discussion, and possible action on nomination of Ellen Willett as the City of Huntsville
Donations Coordinator to satisfy requirements of the City's Emergency Management Plan. [Mayor Turner]
The Mayor nominated Ellen Willett. and Councilmembers Olson and Barrett seconded. The motion passed
unanimously.
e. City Manager's Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
Mr. Baine reminded the public about fire protection during the drought. He spoke about the condition of the
bathrooms at Kate Barr Ross Park. Mr. Baine thanked the Council for considering the mobile home ordinance.
Mr. Baine said the Auburn, Alabama Economic Development Director, Phillip Dunlap, would be coming to town
on June 9°i and 10"', and that the County was helping defray the expense. Mr. Baine said he was visiting Auburn
on May 16°i and 17'". He reminded the public about the LeaderCast broadcast on Friday, and that Boys and Girls
Club would be coming to Council to ask for financial assistance for the coming years.
Mr. Baine said he was going to have to buy some land behind Dawson Dam because the dam was too steep.
Councilmember Woodward asked about the Armory construction near the dam. Tom Weger, Project Manager,
said the City was studying the improvements to the dam, but that the Armory had its own detention ponds on site.
Mr. Weger said the net effect was that the dam did not meet guidelines and would have to be removed or
reconstructed.
Councilmember Wagamon suggested the City Manager make an effort to include local business owners for Mr.
Dunlap's visit, and listed a number of them.
2. Update on traffic
Mr. Baine did not address this item.
9. PUBLIC COMMENT
There were no additional comments.
10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no inquiries.
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 Airing of the Quilts will be held Saturday, May 7, on the Square, beginning at 9am.
b. The Farmers Market will begin Saturday, May 7, from 8-noon, to be held every Saturday through September.
c. Town Creek Music Festival will be held at Eastham- Thomason Park on May 14, gates open at 3pm and more
information may be found at www.huntsvilletexas.com.
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, AT &T v. the City of Huntsville. [Leonard Schneider, City Attorney]
The Council adjourned into Executive Session at 8:17pm.
13. RECONVENE
a. Take action, if needed, on items discussed in Executive Session.
No action was taken.
1 ADJO M
The ti g adjourn ed a 8: p.m.
e oodward, City Secretary