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Minutes - 05/01/2012MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD_ ON THE 1ST DAY OF MAY 2012, IN TH1`C1TY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:OOPM. The Council met in_a_rem oar the following: COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Tish Humphrey, Ronald Allen COUNCILMEMBERS ABSENT: Clyde Loll, Joe Emmett OFFICERS PRESENT: Leonard Schneider. City Attorney. Lee Woodward. City Secretary REGULAR SESSION [6:OOPM] 1. CALL TO ORDER The Mayor called the meeting to order at 6:02pm. 2. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. l pledge allegiance to thee, Texas, one state, under God, one, and indivisible. The invocation was given by Mayor Woodward and the pledges were led by guest Timothy Day of Premier High School. 3. PRESENTATIONS AND PROCLAMATIONS Proclamation for Texas Tourism Month and Huntsville Tourism Week Proclamation for National Safe Digging Month Proclamation for National Preservation Month Proclamation for Motorcycle Safety and Awareness Month Proclamation for Municipal Clerks Week 4. PUBLIC COMMENT Jerry Allen spoke on behalf of Citizens for Economic Development and encouraged the sale of alcoholic beverages throughout the community. 5. PUBLIC HEARING Public hearing to consider amendments to Section 1201.4 Landscape Maintenance and Planting Area, Chapter 12 of the City of Huntsville Development Code, in regards to planting areas. [Aron Kulhavy, Director of Public Works] The public hearing was opened at 6:18 p.m. Aron Kulhavy, Director of Public Works, said this item was an updated to the Development Code for consistency and enforceability. He said the six foot radius around trees in landscaping currently required was more than necessary due to advancements in irrigation. He also noted the Planning and Zoning Commission (P&Z) had reviewed and recommended the change. Charles Smither, Jr. spoke in opposition to the change in the ordinance, asking whether one wanted trees to merely survive or rather to grow to a more mature state. He said it was clear that staff had not felt this an appropriate ordinance to enforce in recent years, calling attention to Target and Aaron Rent's. Mr. Smither said that uniformity was required rather than the whim of staff evaluation. He asked that the Council remember form surveys that had been required for building because staff assessment had not been trusted. The public hearing was closed at 6:27 p.m. 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 17, 2012 and the City Council Special Session held on April 23, 2012. [Lee Woodward, City Secretary] b. Approve new contract for the City Secretary. [Mayor Woodward] c. Approve Ordinance 2012 -26, amending the budget for FY11 -12. [Winston Duke, Finance Director] d. Authorize the City of Huntsville to apply for, accept, and implement if awarded the Economic Development Administration (EDA) FY 2012 Disaster Relief Opportunity grant for $877,757.49 for the water line extension on SH 19. [Dr. Sherry McKibben, Community Development] e. Authorize the City of Huntsville to apply for, accept, and implement if awarded, USDA AMS Farmers Market Promotional Program Grant for no more than $55,000.00 to expand the Main Street Farmers Market Program. [Dr. Sherry McKibben, Community Development] Councilmember Humphrey made a motion to approve the Consent Aoenda and was seconded by Councilmember- Johnson. Councilmember Olson asked to pull item d. Councilmember Humphrey asked about item e not requesting the full $100,000 and Dr. Sherry McKibben, Community Development Specialist, said they did not believe they would receive a larger grant than requested and had developed a plan for the lower amount. The motion passed unanimously, 7 -0, less item d. Councilmember Johnson made a motion to approve item d and was seconded by Councilmember Montaomerv. Councilmember Olson noted this line was running out to the SHSU Research Park and said he had not heard anything from the University on their plan and possible participation, although he supported the opportunity for the grant. Tom Weger, Project Manager, noted this was a $2.1 million item, including a 12" line to Ellisor Road and the A.J. Brown Wastewater Treatment Plant. The Mayor said the University was moving forward with development of the site. Mr. Kulhavy said this item was initiated by SHSU asking the City to consider annexing the area and that the full cost was for service to the entire area, not just the research park. Councilmember Olson said he wanted to be clear that this would not be $2.1 million expenditure for one user. Councilmember Montgomery said Dr. McKibben had told her SHSU was willing to partner in the costs. Dr. McKibben concurred with this recollection. The motion passed unanimously, 7 -0. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2012 -25 to amend Chapter 12, Section 1201.4 Landscape Maintenance and Planting Areas of the Huntsville Development Code - 1St reading. — Aron Kulhavy, Director of Public Works Councilmember Montgomery asked several questions about the changes and Mr. Smither's comments. Mr. Kulhavy gave the example of square planting areas which might not meet a 6' radius. He added that plans presented by landscape architects were the result of more expertise but that plans could be turned down or more documentation could be requested. Mr. Kulhavy said the Building Inspector for the City had reviewed the ordinance and was in approval. He added that future revision of the Development Code could include different planting requirements for different types of plant material. Councilmember Fitch addressed the evaluation of City staff and the fact that Mr. Kulhavy had already stated that staff followed the ordinance inconsistently and expressed concern with giving more leeway. Mr. Kulhavy said the inspectors' were doing more visual evaluation rather than strict measurement, that the trees were properly dispersed and would survive as planted. Councilmember Fitch asked about the trees in The Woodlands and Mr. Kulhavy said he recalled they had significant tree preservation areas provided for, rather than only setbacks. Councilmember Johnson asked this be viewed from the point of view of builders, noting that he expected builders would preserve the beauty of full - growth trees, that perhaps the aim was to reduce the space around ornamental trees. b. Presentation, discussion, and possible action to approve Amendment #3 of Task Order #1 with Schaumburg and Polk for Archaeological and Environmental services related to the permitting of the Old Colony Road V & VI sewer project through National Forest properties in the amount of $48,947.61. [Aron Kulhavy, Director of Public Works] Councilmember Olson made a motion to approve Amendment #3 of Task Order #1 and was seconded by Councilmember Montgomery. Jeff Cannon, Schaumberg and Polk, summarized the overall project, noting the engineering and environmental fees due to scope had been guesses, but that some of the earlier portions of the project had resulted in monetary savings. He also noted the difficulty in dealing with changes in Forest Service staff and criteria for archaeological assessments. Tom Weger noted the permit for sanitary sewer had been received in 1996 and was a key infrastructure component of the sewer development master plan and for the east side of the city. He said the plan's approval was enabling the City to keep moving ahead and that eventually five lift stations would be eliminated. Mr. Cannon said the provision of sewer to a large underserved area was an environmental advance. The motion passed unanimously. 7 -0. 8. MAYOR /CITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion, and possible action to approve the nominations of Kealy York for the Youth Advisory Board and Jacob DoneIlan for the Natural Preservation Ad Hoc Committee. [Mayor Woodward] The Mayor moved the nominations. which were approved unanimously. 7 -0. b. Discussion, status update and possible action on local option liquor petition submitted to the City Secretary on March 19, 2012. [Mayor Woodward] The Mayor announced the petition submitted in March did not meet the required number of signatures- to be validated. Councilmember Humphrey reminded all that none of the signatures from that petition would carry to the new petition, that anyone interested would have to sign the new petition and stressed the importance of using the - residence- address - rawer than-- a- maiiing address. The Mayor discussed the time the new petition would be available to be signed, until roughly mid -June, unless submitted early by the applicants. 9. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 - personnel matters to deliberate the appointment, employment, reassignment, duties of an acting /interim city manager. [Mayor Woodward] Manor Woodward adiourned the Council into Executive Session at 7:08 p.m. 10. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. Mayor Woodward reconvened the meeting at 9:14 p.m. Councilmember Olson made a motion to defer to TexasFirs_t Grouo to pursue an appointment for an interim City Manacer and was seconded by Councilmember Humphrey. The motion passed unanimously, 7 -0. b. Consideration and possible action to authorize the Mayor and staff to take the necessary actions, including conducting a search for and to receive applications for the position of City Manager. [Mayor Woodward] The Mayor asked the Council to consider items for a general profile to be collaborated upon in the search for a new City Manager, providing them with material of possible areas of concern. He said the search could be conducted in -house or using an outside consultant or company. He asked for care in the process and that he did not want to place a time limit on it, as it was very important. Councilmember Humphrey listed team - player and people skills as a priority and that it would be important for the Council to hear from applicants firsthand. The Mayor said he thought the Council could be provided search companies to make presentations to the Council. Councilmember Fitch said he had started research and had been warned about firms pushing their "top" people who may or may not meet the City's needs. He discussed the process the City of Nassau Bay had undergone, involving a selection committee, elucidating wished -for qualities and concerns, marketing of the opening, consideration of applications, psychological review of the finalists, informal and formal interviews with Council involvement, always focusing on their desired qualities and major concerns. Councilmember Johnson said he thought the lists the Mayor had distributed could be individually reviewed by Council fairly rapidly and considered together, requiring a commitment from the Council for the process. The Mayor suggested reviewing some initial materials from search firms and individuals at the next meeting. Councilmember Montgomery said she could see some benefits from having an outside firm narrow the list of applicants and then possibly applying some of the items listed by Councilmember Fitch. She expressed the need for thoroughness. The Mayor said he liked Councilmember Fitch's suggestion of a smaller Council search committee, and the consideration of including City staff and citizens. The Mayor emphasized all Councilmembers would have access to all materials, even if they were not on the smaller committee. Councilmember Johnson complimented the quality of the City staff and said he did not want this time of change to be discouraging, adding he wanted the staff to know the Council was working for the best solution they could find. Councilmember Montgomery concurred and that she felt their feedback would be valuable. City Attorney Leonard Schneider suggested citizens could offer criteria but did not recommend they participate past that stage for control of the process and concern of materials to be viewed. Councilmember Allen said he thought this was the best City Council in years to pick a City Manager due to the cross section of members of the Council. Councilmember Olson made a motion to proceed -- with- the-selection process through Council participation. to instruct the City Secretary to provide information on selection resources. to have the Manor make recommendations on potential committee members. and to set a date for Council to return materials on input in the selection. Councilmember Montgomery seconded the motion. The motion was approved unanimously, 7 -0. 11. PUBLIC COMMENT a. Related to any matter - 2 minutes per speaker 12. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA 13. 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 orb en J - The Mayor reminded all that the local liquor option petition was available in the public. He encouraged everyone to go onrr, r ri +akA +naGity c, grey, noting -it- would -be- available for- two months. He also urged daily voting for the orchard contest at communitiestakeroot.com. The Mayor reiterated that the Farmers Market would begin Saturday, along with Tourism Week, and that events would be on the website. Councilmember Humphrey announced National Women's Health Week, to be celebrated with a proclamation at the next meeting, and encouraged all those interested in women's health to attend. Councilmember Olson said there would be a fly -in at the airport Saturday, noting recent improvements and activities there. Chief Kevin Lunsford said the campaign for a new K -9 had been very successful and there would be a KSAM event Thursday and a BBQ later in the month. The Mayor noted that any additional funds would be used for a multitasking dog with additional skills. Councilmember Johnson said this Friday would be LeaderCast at the University and encouraged ticketholders to attend. He said he felt it would be a great thing for the community. 14. ADJOURNMENT The meeting was adjourned at 9:56pm. Respectfully submitted \ Lee Wo dward, Cityi Secretary :. %; 1\ I