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Minutes - 06/21/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF JUNE 2011, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5PM. ® The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Tom Cole, 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 [5:00] - 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:OO12M] 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. Employee recognition [Bill Bains, City Manager] The Mayor surprised City Manager Bill Baine with a plaque to commemorate his work on the Highway 19 Expansion Project. Mr. Baine shared the praise with Walter Boyd, Jr., the Police Department, Dr. Sherry McKibben, and many other members of the staff who worked on the project. ® Mr. Baine then recognized Keith Merchant, Equipment Operator with the City for six years, James W. Ferguson, Crew Leader with the City for nine years, Daniel Gurrola, Equipment Operator with the City for three years, and James Douglas Ferguson, Crewman with the City for three years for their dedicated service and hand work. Mr. Baine also thanked John Agey, Parks Team Crew Leader who has worked with the City since 2002, and Eric McGinty, IT Network Analyst, for their committed and enthusiastic efforts. 4. PUBLIC HEARING — The City Council will receive comments and input from the public on redistricting the City's Wards. The Public Hearina was opened at 6:10pm. Tyler Eberhart, President, SHSU Student Body, spoke on behalf of the many ways in which the students were involved in the community, and in support of the proposed redistricting Map B. Kendall Scudder said he was upset to see Map E upon entering City Hall this evening. He told the Council that he was their neighbor, served on a City Board, and had met and knew all the Councilmembers and many other attendees. He urged the Council to support Map B. Janice Adams spoke in opposition to a student ward since she said she could visualize that unions could use such a ward to affect an election, and that she did not see it as appropriate. Jerusha Rogers thanked the Council for last week's Council Coffee, where she said she met most of the Council. She said she lived in the community even when she was not going to school, and that she felt having a student ward would give them a voice on the Council. She noted that having the campus divided among the four wands did not give them four times the representation, but rather took away their opportunity to make changes. Ms. Rogers said the importance of Map B included that other local demographic groups were better represented by it as well. She said that every year "transient" students like herself would be replaced with another student with the same concerns. Delora King said these students were the leaders of tomorrow and that she felt they deserved a say in the local government. She also addressed the difficulty for students of knowing where to vote due to the divisions in the map. ® The public hearina closed at 6:23pm. 5. PUBLIC COMMENT There were no additional comments. 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 June 7, 2011. [Lee Woodward, City Secretary] b. Approve Resolution 2011 -14 to amend Resolution 2011 -07, the Victims Assistance Grant Resolution approved February 1, 2011, to include additional required language. [Sherry McKibben, Community Development Specialist] c. Approve Resolution 2011 -15 to amend Resolution 2011 -08, the Edward Byrne Justice Assistance Grant Resolution approved February 1, 2011, to Include additional required language. [Sherry McKibben, Community Development Specialist] d. Consider the purchase of amenities and the construction of a splash pad located near the City of Huntsville Aquatic Center. [Dr. Sherry McKibben, Community Development Specialist] e. Authorize the City Manager to apply, accept if awarded, and implement the 2011 Edward Byrne Justice Assistance Grant (JAG), and the Mayor to sign an Interlocal Agreement with Walker County (annual renewal with County). [Dr. Sherry McKibben, Community Development Specialist] f. Authorize the City Manager to apply for, accept if awarded, and implement, the Office of Justice 2011 Bulletproof Vest Grant. [Dr. Sherry McKibben, Community Development Specialist] g. Approve Ordinance 2010 -33, amending the Tax Increment Reinvestment Zone #1 project plan and finance plan, and revising the boundaries of TIRZ #1, 2nd reading. [Aron Kulhavy, Director of Public Works] h. Approve the 2010 Annual TIRZ report presented by Larry Cline and approved by the TIRZ Board, 2nd reading. [Winston Duke, Finance Director] Councilmember Woodward made a motion to approve the Consent Agenda. Councilmember Cole seconded thg motion. [items g and h were pulled before the Consent Agenda was read.] Councilmember Wagamon asked for clarification on item b, and Dr. McKibben said the grant was revisited every three year and could be rerequested up to thirty years. Councilmember Wagamon asked to pull the item. The motion Dassed unanimousiv. Councilmember Fitch made a motion to approve item b and was seconded by Councilmembers Johnson and Olson. Councilmember Wagamon shared a concern about a grant funding a position which the City would be reluctant to do away with when the funding ran out. Councilmember Olson said he shared Councilmember Woodward's concern in that vein. Director of Public Safety Kevin Lunsford clarified the process to this point, that tonight's item was to approve the updated language in the Resolution revision, but that the initial grant application had been approved by the Council in February 2011. He stressed the need for an employee to assist victims so that detectives would be freed from additional administrative duties. Councilmember Johnson said he recalled that it seemed a good deal in February, and that victims are often shortchanged in terms of service in this day and age. Councilmember Woodward said he would support the item on tonight's agenda as the Council supported it in February and tonight's item was for the language. The motion oassed unanimously. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion, and possible action to approve a proposal for redistricting, is reading. [Mayor Turner] Councilmember Woodward encouraged all members of the public to make their thoughts known on the proposals. Councilmember Wagamon noted all voters selected the Mayor and the four At -Large members, and that the large voting blocks in Elkins Lake and the Avenues would elect two of the remaining four members, saying he did not have a problem with the students having a Council representative. Councilmember Fitch said he had talked with students but had a concern that the City's hired law firm had presented Map B, but, although no Councilmember, he said, had spoken against Map B, three maps with drastic differences had succeeded Map B. He acknowledged that students played a big part in the community and that a part of the economic discussions lately had been about keeping students here. He said Ward 2 on Map B would possibly elect one Councilmember and not change the face of how the Council does business. The Mayor spoke to the number of proposals, saying that feedback had brought up additional considerations and that the maps were putting all ideas on the table in temps of faimess. He said he thought the idea of wards was to reflect subgroups in the community, of which he felt Map B did well. Councilmember Woodward said his concern about Map B was a historical contention that the east and west sides of town were pitted against each other. Councilmember Barrett said he was desirous to see more than one proposal, and noted the hired firm worked with guidance from staff. He said he would be delighted to have a student, or more than one, on Council. He said that 17,000+ students had the same opportunity as all other demographic groups to vote and influence the makeup of the Council. Councilmember Barrett said he had always seen university and student concerns receive serious attention when they arose. He noted that a potential 17,000 votes could have a great impact on the Mayoral and At -Large ® races, and that there was an opportunity in all wards as students lived all over town in significant proportions. He named several other local demographic groups, such as TDCJ workers, families with children, or retired persons, and said he had reservations about the feeling that each group deserved its own ward. He addressed the polling place confusion, saying he could not take it seriously that students pursuing higher degrees couldn't find out where to vote, noting that every ward line had neighbors who voted in different wards. He stressed that he was "pro - student" but also "pro-Huntsville" and trying to find what was best for all. Councilmember Olson said his sentiments mirrored that of Councilmember Barrett, and took exception to being called a "student - hater" in an article in The Houstonian. He said he did, in fact, appreciate students, and felt their voting potential in the mayoral and at -large races was significant. He also welcomed seeing more than one or two map proposals. Councilmember Johnson said his commitment was to the whole city and that he wanted to unify the city, which he felt Map B did not do. He said he thought the strength of the city was in a representation more or less as it was now, and took credit for suggestions leading to Map E. He said he thought he had been fairly forthright in saying the university was a key element throughout the city and county. Councilmember Johnson said having seventeen students present was laudable but did not seem to truly represent 17,000. Councilmember Montgomery said she supported Councilmember Barren's points and Councilmember Woodward's concerns of splitting the City. She said the maps were not presented as a "best - case" scenario and was glad for the Council to have the opportunity to discuss it. She said early voting presented an opportunity to conveniently vote in a single location for a longer period of time, thereby alleviating the issue of locating proper polling places. She said she would have a hard time supporting Map B. Councilmember Fitch said tonight was the first time he had heard the opinions of the other Councilmembers and was glad for it. He said the biggest thing for him was to see people with like interests represented together and that he felt there were options that didn't completely split the campus, that he thought Map E was a compromise. He noted there were plenty of thirty-year residents of the larger community who did not vote either. Councilmember Cole said he saw the logic in Map B and that that map's Ward 2 was not only comprised of students. He asked about the ten -year growth, and Councilmember Woodward noted it was primarily student growth in Wards 1 and 4. Councilmember Wagamon said he thought a fundamental question was about the very idea of a ward, noting ® many larger cities have done away with a ward system, and asked the Councilmembers to think about what a ward really means. b. Presentation, discussion, and possible action to nominate Nelson Amaya to the Youth Advisory Board. [Mayor Turner] The Mayor made a motion to aporove the nomination and was seconded by Councilmembers Woodward and Montgomery. The motion passed unanimously. c. Presentation, discussion, and possible action to approve Ordinance 2011 -40 to remove an appointed member from a Board or Commission after missing four consecutive regular meetings, and other considerations, 18` reading. [Mayor Turner] The Mayor said the intention was to establish an attendance provision equal to that of the standard to which the Council was held. d. Presentation, discussion, and possible action to adopt the updated Strategic Initiatives. [Mayor Turner] The Mayor made a motion to adopt the Strategic Initiatives created at the Council Retreat, and was seconded by Councilmembers Montgomery and Olson. Councilmember Montgomery said she felt the workshop was very productive and positive, noting the Council found they desired many of the same goals. The motion passed unanimously. e. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. 2. Water usage update City Manager Bill Baine said he hoped the library would be largely complete and open late September or early October. He announced the grand opening of the new building at the recycling center this Friday at 10am, at the Transfer Station just off the 1 -45 feeder past TxDoT, noting ft was funded by the H -GAC. Mr. Baine said he was very pleased with the Council's Strategic Initiatives, was very impressed with the Retreat and thanked the Council for a productive event. He noted the extension of the recycling areas. Mr. Baine noted the public pool would be closed Saturday for a swim meet. He discussed the recent Midway wildfire and the hard work of the responders. Mr. Baine discussed the announcement of the Stage One Drought Contingency situation. 8. PUBLIC COMMENT Janice Adams said there is a definite need for victim's assistance locally, and spoke of her daughter's need in a recent situation. John Cromer asked for action in the drought situation, specifically addressing in -town residents who watered their lawns daily. Walter Boyd, Sr. spoke about the elimination of wards in large cities was due to racial issues, and discussed prior cases in opposition to students voting in the communities where they attended school. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no inquiries. 10. 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.) 1. The Farmers Market will be held Saturdays from 8 -noon. 2. Announcement of Tourism awards The Mayor announced the City of Huntsville Tourism Department recently received Best Historic Site first place award for the Sam Houston Statue and a second place award for the Prison Museum, and Statue employee Jamie Matthews received a second place award in the Best Tour Guide category. The Mayor also announced the Greater Zion Missionary Baptist Church Marching Drill Team recently won the Boyd Superior Award at the National Sunday Church School and BTU Congress/Drill Team Competition on Florida. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 51.071 — 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] b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.072 — deliberation regarding purchase, exchange, lease or value of real property. [Bill Baine, City Manager] c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.074 — personnel matters regarding the evaluation and duties of a public officer or employee, Bill Baine, City Manager. [Bill Baine, City Manager, and Mayor Turner] City Attorney Leonard Schneider deferred item a to the next meeting. He also asked the Council consider a 551.071 for item 11.b. The Council adioumed into Executive Session at 7:38pm. 12. RECONVENE a. Take action, if needed, on items discussed in Executive Session. The Council reconvened at 8:41 am. The Mayor made a motion to purchase 72 acres more or less adiacent to the airport. Councilmember Johnson seconded the motion. The motion passed unanimously. 13. ADJOURNMENT The meeting was adjourned at 8:42 p.m.