Minutes - 08/16/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF AUGUST 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, Mac Woodward, Jack Wagamon, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Tom Cole
COUNCILMEMBERS ASSENT: Wayne Barrett
OFFICERS PRESENT: Bill Being. City Manager, Leonard Schneider. City Attorney, Lee Woodward, City Secretary
WORKSHOP SESSION [5:00] — LARGE CONFERENCE ROOM — Discussion of proposed FY 11-12 budget. [Winston
Duke]
The Council, City Manager, and staff discussed medical insurance issues, the fee schedule, and related budget items.
REGULAR SESSION* [6:OOPM]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:00pm.
2. INVOCATION AND PLEDGES - The Mayor gave the invocation.
3. PROCLAMATIONS AND PRESENTATIONS
The Mayor said the agenda would be adjusted to read Resolution 2011-19 at this point.
Councilmember Woodward made a motion to approve the Resolution and the Mayor seconded.
Councilmember Woodward discussed the Council's support for all educational institutions in Walker County, and the Mayor
stated his high impression and support of Dr. Steve Johnson, HISD Superintendent.
The motion Dassed unanimously, 8-0. Dr. Johnson thanked the Council and spoke of HISD's vision of excellence.
Kevin Lunsford, Director of Public Safety, introduced Jerry Phillips, a refired police officer now serving in the ministry, who
is volunteering as the Police Chaplain for the City. Mr. Phillips thanked the Council.
Fire Chief Tom Grisham presented Hero awards to two citizens, Justin Hardin and Doug Odom, who rescued the victim of
a structure fire on July 28, 2011. Chief Grisham said this shows what is good about how residents take care of each other.
City Manager Bill Baine recognized Carrie Wells, CIP, and Isaac DuBose, Parks for their many years of excellent service
and enduring contributions to the City.
4. PUBLIC COMMENT
Kenneth John Callahan spoke about his displeasure with the local Suddenlink cable franchise.
George Russell spoke in opposition to issuance of TRA bonds, calling it premature and urged the Council to wait on calling
the related election. He also discussed redistricting in support of Map B and his dislike of the use of Executive Sessions.
S. 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 August 2, 2011. [Lee Woodward, City
Secretary]
b. Approve Ordinance 2011-50 to amend Chapter 12, Building and Building Regulations; Chapter 14, Business
and Business Regulations; Chapter 20, Fire and Fire Prevention; and Chapter 22, Health and Sanitation to
adopt the 2009 International Codes and associated amendments, 2nd reading. [Aron Kulhavy, Director of
Public Works]
c. Consider the approval Resolution 2011-16 to accept a dedication of Right-of-Way for a 0.20 acre tract of land
commonly known as 13'A Street, [Aron Kulhavy, Director of Public Works]
d. Approve Ordinance 2011-55, an-tending the budget for FY2010-1 1. [Winston Duke, Finance Director]
a. Consider for placement on the ballot of the November 8, 2011 election the exchange of 0.122 acre of Eastham-
Thomason Park from the City of Huntsville, Texas to Maria Del Carmen Martinez for 0.037 acre to resolve
encroachment and amend boundaries of said park. [Aron Kulhavy, Director of Public Works]
f. Consider Resolution 2011-18 setting two Public Hearings on a petition for annexation of 74.00 acres of land,
as requested by the City Manager, of recently purchased vacant property located adjacent to the airport
property. [Aron Kulhavy, Director of Public Works]
Councilmember Woodward made a motion to approve the Consent Agenda and Councilmember Johnson seconded.
The motion passed unanimously, 8-0.
6. STATUTORY AGENDA
a. Possible action to approve Resolution 2011-17 for Improvements to the Bruce Brothers Huntsville Regional
Airport with financial assistance from the Texas Department of Transportation (TxDoT) and approving the
Texas Department of Transportation as the City of Huntsville's agent for the improvements. [Aron Kulhavy,
Director of Public Works]
Councilmember Olson moved to adopt the Resolution and was seconded by Councilmember Cole
Councilmember Woodward confirmed this was a $3.44 million grant with a 109% match from the City over the next two
years.
The motion passed unanimously. 8 -0.
b. Possible action to approve purchase of 0.40 acres adjacent to Fire Station #4. [Bill Baine, City Manager]
Councilmember Woodward moved to approve the purchase and Councilmember Olson seconded
Councilmember Woodward said this area had been discussed for purchase at the time the station was constructed
and has recently become available. Mr. Baine said the price was $45,000.
The motion passed unanimously. 8 -0.
c. Possible action to approve the 2011 Joint Election Agreement and Election Services Contract with Walker
County for the November 2011 election cycle. [Lee Woodward, City Secretary]
The Mayor moved to approve the Joint Election Agreement and Councilmember Fitch seconded
The Mayor stated his full support and thanked the staff for the negotiation of the agreement.
The motion passed unanimously. 8 -0.
7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Possible action to approve Ordinance 2011 -45 calling for a General Election on November 8, 2011 for the
purpose of electing the Mayor and four Ward Councilmember positions; and calling a Special Election for the
purpose of a proposition for the exchange of parkland and a proposition for the City Council to adopt a
resolution approving the issuance of bonds by the Trinity River Authority for water treatment plant
improvements, single reading required. [Mayor Turner]
The Mayor moved to adopt the Ordinance and was seconded by Councilmembers Montgomery and Johnson
The Mayor noted the regularity of Council elections, the necessity of a special election for disposition of park land, and
the prior statement of the Council to take action on the TRA bond issuance.
The motion passed unanimously. 8-0.
b. Possible action to approve Ordinance 2011 -47 to redistrict the City of Huntsville. [Mayor Turner]
Councilmember Johnson said he felt Map E was best for Huntsville for several reasons; that the City was not split into
one ward west of the interstate and three to the east, that Spring Lake would not be "swallowed up" by Elkins Lake,
that the Map represents the University community fairly because that community lives throughout Huntsville, that the
Map did not disenfranchise Spring Lake voters in favor of a "minority of students", that it was the least disruptive of the
three maps being considered, and, finally, that it was better than Map C for the other reasons he had delineated.
Councilmember Fitch said he felt the difference was that in Elkins Lake took a larger portion of the center of town in
Map E, and that he thought Elkins Lake and Spring Lake showed an area that had more in common in terms of
infrastructure.
Councilmember Cole moved to table and was seconded by Councilmember Wagamon The motion failed 6-2
Councilmembers Cole and Wagamon voting in support.
The Mayor, and Councilmembers Cole. Fitch. and Waaamon voted for Map C.
Councilmembers Johnson, Olson. Woodward. and Montoomery voted for Mao E.
Councilmember Cole said the sense of Council was that he was the only member in favor of Map B and that he felt it
was the fairest and most representative of the University in the community.
c. Possible action to approve nomination of Sandra Hanscom to an open position on the Planning and Zoning
Commission (PdZ). [Mayor Turner]
Mayor Turner moved to approve the nomination and was seconded by Councilmember Cole.
The Mayor said Mrs. Hanscom was a past boardmember of the Elkins Lake Recreation Corporation Board and was
very concerned with the City's Development Code. He noted the P&Z was currently having a difficulty meeting a
quorum. He added that Mrs. Hanscom had served on boards or participated greatly in the Study Club, Newcomer's
Club, Good Shepherd Mission, and SHSU Alumni Association
Councilmember Olson said he would like to see a builder, developer, realtor, or other qualified profession nominated
® for the position. The Mayor said his concerns were answered in the makeup of the other members of the Board and
discussed the need he felt for a balance of technical expertise and "connection to the community" on boards.
Councilmember Johnson said he had no doubt that Mrs. Hanscom served well on other boards, but that her
experience there was very different from what his idea of what the expertise on P&Z should be. He added that he
thought there was a much better role than to add Mrs. Hanscom to this committee and that he could not support the
nomination. The Mayor disagreed with Councilmember Johnson, stating how much he felt the Newcomer's members
were in touch with why people came to the community.
Councilmember Wagamon said the reason there were not pre - qualifications of education or experience to serve on
P&Z, that there was a very able planning officer whose specific technical role was laid out in the Development Code,
and said the board members were to make decisions for the welfare of the City. Councilmember Cole relayed the
importance of the public on the state medical board and expressed his support of Mrs. Hanscom's abilities.
Councilmember Fitch asked for more information on both sides. The Mayor said he nominated her due to her activity
in the community and the strength of her candidacy was her wide circle of acquaintances in the community and her
concern over the future of the community and its growth.
Councilmember Johnson said he felt the procedure was flawed and that he was uncomfortable discussing a person in
public in this way. He reiterated that he was personally familiar with Mrs. Hanscom's experience in the community and
her ability and did not feel she was a good fit for the Board. Councilmembers Wagamon and Cole disagreed.
Councilmember Fitch made a motion to table the item and asked that perhaps Mrs. Hanscom could come speak to
Council Councilmember Woodward seconded Councilmembers Fitch Johnson. Montoomerv. and Woodard voted
to table and Councilmembers Olson, Cole. and Waaamon voted aoainst.
City Attorney Leonard Schneider reminded the Council that abstention was a vote against an item.
d. Possible action to amend Ordinance 2011 -53 amending the Code of Ordinances Chapter 32 "Offenses and
Miscellaneous Provisions" by adding a new "Division 3 — Child Safety Zone" to Article 11 "Public Safety and
Protection "; Amending Division 2 by changing the reserved sections; providing for a penalty; making other
provisions and findings thereto; and declaring an effective date. [Councilmember Fitch]
® Councilmember Fitch said he brought the item back to inform the Council that including the schools had not been
settled in discussion but could lead to a number of other issues, recommending there be no amendment at this time.
e. Discussion to amend the City Council Rules of Procedure limiting discussion prior to the making of a motion
to thirty seconds, and requiring that a written draft of the proposed motion be filed with the City Secretary
when the agenda item is submitted. [Mayor Turner]
The Mayor noted this was a "discussion only" item. He said he believed a modification to the Rules was needed so
that submitted agenda items would first be designated as for discussion or possible action, for discussion if a motion
was not necessarily anticipated. The Mayor also suggested there be a time limit and that a draft of any anticipated
motion be submitted along with the agenda item.
Councilmember Olson expressed concern about limiting discussion. The Mayor clarified the initial presentation by the
presenter would be limited, not further discussion by other Councilmembers. Councilmember Olson said he also had
a concern that any Councilmember could put any item on the agenda and discussed co- sponsorship. Councilmember
Montgomery pointed to the wording of the Mayor's agenda item and the Mayor addressed discussion prior to versus
following a motion.
Councilmember Fitch said he felt the discussion and possible action wording on the agenda for this meeting
addressed these needs adequately. Councilmember Woodward said he believed discussion among Councilmembers
was important and said he hoped the Council could manage without time limits, but that items anticipating motion
should be placed on the agenda in that manner. Councilmember Cole pointed out that Robert's Rules of Order did not
permit discussion without a motion and that he supported that. Councilmember Wagamon said he thought it would be
a good idea for the Council to have an annual discussion concerning conciseness and understanding rather than
establishing a "hand and fast" time limit.
f. Possible action to approve Resolution 2011 -19 supporting HISD and all educational institutions in Walker
County. [Mayor Pro Tern Woodward and Mayor Turner]
This item was handled at the beginning of the meeting.
g. City Manager's Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
2. Water
3. Cutting down trees
Mr. Baine said there had been eleven water breaks since the last meeting and that the last ten days water usage
averaged 10.3 million gallons per day and that rationing required 10.6. He noted the students returning to town
and said he would be willing to impose the next stage of drought contingency. Mr. Baine said the City usually cut
down trees when there was a risk for falling in the street or on a home or in Oakwood Cemetery. He said it was
typically 40 trees per year but was up to 400 so far this year.
Mr. Baine pointed to main alarm calls for fire and noted about fifty percent of the calls the City was providing
service to were outside the city limits. He assured he had nothing to do with any lignite plant and said the City
had rights to plenty of water and couldn't process all the water it had. He said the City was, after three years,
receiving $111,000, but that this was not even enough for a generator on a well.
h. Possible action as to the origins of the economic development incentive offer brought to Council by City
Manager Bill Baine for an Academy store. [Councilmember Wagamon]
The Mayor said it was his opinion as the presiding officer that this was an improper motion for reconsideration of an item
voted on at the last meeting. He explained that the chair can be overruled by a majority of Council.
Councilmember Wagamon said he disagreed with the ruling, saying an item would have to contain a motion overturning a
vote form a previous Council action, which he did not intend to do. He said the Mayor was ethically and morally wrong and
called it an abuse of office.
Councilmember Wagamon made a motion to overrule the Mayor's action and was seconded by Councilmember Cole
The Mayor said he felt the salient points were consideration of the economic incentive the Academy store and felt the spirit
of Robert's Rules was to prevent endless discussion of a matter with minute changes. He said it would be different if the
intention was to discuss conduct. Councilmember Fitch said there hadn't been a motion to discuss the same issue as
before and didn't understand how that assumption could be made.
Councilmember Woodward asked if Councilmember Wagamon could read a draft of his motion without making the motion.
Councilmember Montgomery reminded all a motion for reconsideration would have to be brought from the "winning" side of
the previous motion. Councilmember Wagamon reiterated that he did intend to discuss conduct but wanted to know where
the City Manager got the terms he presented to Council. Councilmember Wagamon withdrew the item.
€. Possible action concerning forgiveness of the bond for sidewalks at Ravenwood. [Councilmember Wagamon]
Councilmember Wagamon presented the Council with a letter he had presented to the City Attorney concerning the Tax
Code and pulled the item until the next meeting.
PUBLIC COMMENT
Kendall Scudder spoke against Councilmember Johnson's earlier comments concerning Elkins Lake and Spring Lake and
took Councilmembers Johnson and Montgomery to task for not "standing up" for students and thanked Councilmember
Cole.
Kenneth Callahan spoke about Suddenlink in other communities as compared to Huntsville.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media 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.)
a. The Farmers Market will be held Saturdays from 8-noon.
The Mayor announced the ongoing Farmer's Market on Saturday mornings. He announced the City Secretary's
division was working on voter and election education. The Mayor congratulated City intern Amy Wilson for a student
teaching award.
The Mayor announced Kimm Thomas, Director of Tourism and Cultural Arts, was a recipient of the Texas Destination
Marketing Certificate program to reward excellence in the convention & visitor bureau industry and received two
certificates, Group Sales & AdministrationlFinance. He reminded the public that SHSU was holding a community-wide
commemorative ceremony for the 9/11 tragedy on September 9 at 9:45am at Bearkat Plaza.
Councilmember Woodward congratulated intern Blake Roach on his graduation. He then led the assembly in singing
Happy Birthday to Mayor Turner and Councilmember Wagamon. Mr. Baine also congratulated Mr. Roach.
11. ADJOURNMENT
The meeting was um at
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Lee , oodwi rd, City Secr ry