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Minutes - 02/01/2011Agenda Item MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 1'c DAY OF FEBRUARY 2011, iN THE CITY HALL, LOCATED AT 1212 AVENUE M iN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT BPM. The Council met in a regular session with the following: COUNCIL.MEMBERS PRESENT J. Turner, Tom Cole, Mac Woodward, Jack Wagamon, Wayne Barrett, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson COUNCIL MEMBERS ABSENT: None OFFICERS PRESENT: Bill Balne, City Manager, Leotard Schneider, City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION (5:OOPM) The City Council will hold Its annual meeting with the Planning and Zoning Commission (P&Z) to review the status of the Development Code and other Issues on the horizon for the coming year. Planning and Zoning Commission members In attendance were Chairman Eric Johnston, Marilyn Softer, Leroy Hilton. Rowe Creager, Beth Newton, David Anderson, and Bill Knotts. The Mayor discussed the history of the P&Z. Aron Kulhavy, Director of Public Works, introduced Rose Kader, City Planner, and Kemberii Sargent, former Inter and part-time employee in Public Works. Mr. Kulhavy said the staff performed as a liaison between the P&Z and the community, and described some situations with which they dealt. He also said they were guided by the Huntsville Horizon Comprehensive Plan, and gave an overview of the subjects covered In the Development Code. The Mayor pointed out that the City's Planning and Zoning Guidelines did not cover state -owned properties In the City, although he added that the two primary state organizations In the City had been very cooperative. P&Z Chairman Eric Johnston said that after last year's combined meeting, he had suggested to the Mayor the Idea of a Council liaison for the Board, and that Counciimember Jack Wagamon had done well In that position. Mr. Johnston said that in the last year the P&Z had rewritten Chapter 2 [of the Comprehensive Plan], held public hearings on the Development Code, and had the staff had created a long punch list for review. Mr. Johnston said there were some very lively debates at times among the P&Z members, and that he felt it was a good cross - section from the public, and a good fit for the work to be done. Member Marilyn Softer sold that she thought this was the best group they'd had In the seven years she had been on the Commission. Councllmember Wagamon said he echoed Mrs. Soffar's comments, saying the Commission had a tough job and discharged it very well. Councilmember Montgomery asked about variances and the standard of the Development Code. Mrs. Soffar said they started with the Code but considered other arguments It to make a decision. Councilmember Woodward asked about knowing the discussion of the P&Z. Mrs. Soffar suggested review of the minutes. Counciimember Woodward also asked about a P&Z member addressing the Council, and the Mayor said It would likely be requested. Several P&Z members agreed that they reviewed both the spirit and the letter of the law. Councilmember Woodward sold his Inclination was to support P&Z decisions In items coming before the Council, although their discussion would also be Important for him to consider. The Mayor asked about the process of appealing of P&Z decisions. Mr. Kulhavy said that amendments to the Development Code for zoning changes had a process defined by state law, whereby P&Z hears and recommends action, and the Council has final authority. Mr. Kulhavy said that for appeal of plat variances, the P&Z has authority to decide, and he believed an appeal could be made to Council on subdivision plats. Finally, Mr. Kulhavy said, variances from Development Code for individual lots are heard by the Zoning Board of Adjustments, which has state - mandated procedures, and k may be petitioned to the County Court-at-Law. Bill Knott$ characterized the Development Code as a set of roles and laws that predates and precludes the Comprehensive Plan, and the Comprehensive Plan Is a set of guidelines, saying the P&Z did have to abide by the Code, as amended by the City Council. Counclimernber Woodward asked about approval for changes to the Code, confirming a revised plan would be recommended to Council for more public hearings and decision by Ordinance by Council. Councdimembar Montgomery asked about the sign ordinance and view of the P&Z to proposed changes to the Code. Mr. Johnston said the staff had provided a lot of research on similar cities on Interstate corridors. He sold some municipalities had a standard height above the interstate elevation at their property, thereby accounting for topographic changes. He said another consideration was extending the distance from the Interstate for tall signs around major intersections. He acknowledged that there would always be someone another ten feet out asking for an exception. Mrs. Soffar agreed, saying a consideration for her was development of a property then followed by a request for variance, saying, "if its worked all along for everyone, It works." David Anderson said he did not agree that a sign ordinance would scare off business, that he personally used billboards and TxDoT Logos signs to find hotels and restaurants. He summed it up with "if it ain't broke, don't fix ft." Counclimember Barrett said he understood Mrs. SoffWs reasoning on not granting sign variances for airead� developed businesses Inside the boundary, but thought the question about extending the 500' barrier for other reasons such as new business development still had to be answered. Coundimember Johnson questioned focusing on the details, but asked If ail the related issues were set up to enhanos Huntsville's future In a general manner. Councilmember Montgomery sold she had a related question, asking under what drournstances a sign variance is considered. Rowe Creager said he thought the Code existed to protect the community from Issues such as subjectivity, but that common sense was also considered. He sold granting a variance and changing the Code were completely different items, and that he thought the P&Z was open to looking at anything. Beth Newton asked about noncomplient signs, and Mr. Kulhavy said the requesters were given the option of redesigning to meet code, or applying to the Zoning Board of Adjustments for a variance. He said it was very rare that a request met all of the guidelines to qualify for a variance. The Mayor recalled that when he served on that board, there was about a 15% success rata. Bill Balne, City Manager, said that he believed, as a City, they needed to dude what they were going to do, rather than what they weren't going to do. He said he felt that if the city didn't grow, it would have trouble providing all the services it would need to, and was seeking a clear sign as to the will of the members. He said he was looking for a responsible way to say "Yes.' The Mayor thanked the attendees, and said that they had a once in a ten to fifteen year opportunity to update the Development Code, and that he hoped that would be completed this year. REGULAR SESSION* [6:0012M] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:00pm. 2. PLEDGES OF ALLEGIANCE AND INVOCATION Coundimember Barrett gave the invocation. 3. PROCLAMATIONS AND PRESENTATIONS a. Recognition of Kimberly Kembro, Environmental Services Superintendent, for outstanding performance b. Major James Ross spoke about Team LaRue, competing In the 2011 Commemorative Bataan Death March In New Mexico, In honor of local resident Sgt. Virgil LaRue. 4. PUBLIC COMMENT Uam Dexter spoke In opposition of the proposed ordinance to ban K-2, so tg that illegal drug trafflo could be slowed and taxes could be raised through legalization, citing the experience of the commerdaltzatlon of hemp and the experience of Prohibition. 5. 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 Counc/L) a Approve the minutes of the City Council meeting held on the Ile of January 2011. [Lee Woodward, City Secretary] b. Consider an Advanced Funding Agreement for Voluntary Local Government Contributions to transportation improvement projects, with no required match, with the Texas Department of Transportation, for aesthetic Improvements to State Highway 19. [Aron Kulhavy, Director of Public Works] c. Approve Resolution 2011 »07 to authorize the City Manager to apply for, accept If awarded, and implement a 2012 General Victim Assistance Grant from the Houston - Galveston Area Council (H -GAC) Texas Criminal Justice Division. [Dr. Sherry McKibben, Community Development Specialist] d. Approve Resolution 2011.06 to authorize the City Manager to apply for, accept If awarded, and implement a 2012 Edward Byrne Justice Assistance Grant from the Houston - Galveston Area Council (H -GAC) Texas Criminal Justice Division. [Dr. Sherry McKibben, Community Development Specialist] Coundimember Johnson made a motion to aoordve tie Consent Agenda and Councilmember ch seconded. Councilmember Barrett asked to pull item b. Coundimembers Woodward and Montgomery asked to put( item c The motion pied unanimously. for Items a and d. Coundlmember Barrett asked what the drive was to spend the money now. Aron Kulhavy, Director of Public Works, said he knew that TxDoT was not able to put In funding for the aesthetics, and that this was budgeted last year, and the University had also been asked by the state to contribute for the Bearkat Boulevard/Highway 19 intersection, but didn't know if they would be doing so. City Manager Bill Balne said he understood Bearkat would become the main entrance to the University, and that this was a fairly modest project. Councilmember Barrett asked about complications lithe Council decided not to do this. Mr. Kulhavy said the old bridges would not be cleaned, painted, or receive the decorative star caps. Councilmember Johnson confirmed the University had been contacted on this same project, and Mr. Kulhavy said they would have U an emphasis on Bearkat Boulevard. Mr. Kulhavy said the projects would complement, not overlap, each other, and that the agreement before the Council was for all four overpasses through town. Counciimember Barrett sold he was a little disconcerted, as he thought this was *part of the package" with the approval of the Highway 19 project. The Mayor said he supported this because he thought It would become. in essence, a new main street for the city, and this Investment would be money well spent The Mayor made a motion to adopt, item b Councilmember Woodward seconded the motion The motion passed B-1 with Coundimember Cole votin -a against. Councilmember Montgomery asked what happened at year -end. Dr. Sherry McKibben, Community Service Coordinator, said the Clay would need to reapply each year, and could do so for thirty (30) years. She said the position would only be filled with the understanding that the position would only be renewed with funding. Counclimember Montgomery asked how the District Attorneys (DA) office would handle If the City had this position for a few years only: Kevin Lunsford, Director of Public Safety, said the DA's offloe was currently overwhelmed, and this would supplement those services, as his officers currently did not have the time to perform these duties. Councilmember Montgomery asked about qualiflc attons far someone hired for this position. Chief Lunsford said the grant would provide some training money, but the job description would also require some prior experience, and that a variety of backgrounds would be sufficient to apply. Counclimember Woodward asked about supplementing the DA, and Chief Lansford sold this individual would focus on the City's victims. Counclimember Woodward confirmed this would be a now position. Coundimember Olson asked 9 this was a contract position. Dr. McKibben confirmed the benefit package would be included In the funding. Councilmember Wagamon sold It would be `impassible" to get rid of this potential employee In a few years if the grant runs out although he said he did support the item. Counclimember Fitch made a motion to a rove Item c. Councilmember Wagamon seconded the motion Coundimember Fitch said that, as a law enforcement offloar, he knew it was hard for officers to provide these services, but that the Council owed it to the citizens not to take advantage of this while it could. The motion passed 8-1 with Councilmember Woodward voting against. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2011.20, providing for changes to the Personnel Policies and Procedures Manual, la reading. [ inston Duke, Finance Directorl Winston Duke, Director of Finance, said these were standard changes that had been contemplated for some time. Leonard Schneider, City Attorney, addressed Section 5.03(t) (page 30) on lump sum payments, and Mr. Duke said that was pursuant to present practice. Mr. Schneider asked how it would be paid, Mr. Duke said It was not pro -rated by practice, and would happen at the beginning of the year. Counclimember Montgomery asked about the Risk Manager, and Mr. Duke said the duties were resting in Finance, but was not currently a position. Councilmember Olson asked the City Attorney about liability for staffing for these positions. Mr. Schneider said the policy was pretty standard, and most of the changes were in words, and that he would talk to Mr. Duke about the lump sum Issue. He said he did like the addition of a statement that the Rem was an employee policy, not a contract. b. Presentation, discussion, and possible action to authorize the City Manager to approve a purchase order to PBS & J for the purpose of a water rights study, In the amount of $99,750.00. [Carol Reed, Director of Public Utilliiesl r'oun~limemW Barred: made a motion to aonrova which was seconded by Counciimembers Montgomery and Olson. Carol Reed, Director of Public Utilities, clarified that If the water rights permit was approved by the Texas Commission on Environmental Quality (TCEQ), the City would receive reimbursement for the contract fees, and that the MUDS #8 and 9 would receive credit for ail legal fees and 75% of the cost to them, in their water purchases, so there would be eventually no cost to the City for this process. Mr. Schneider said the City is receiving the benefit of the application for the permit at no cost, and that if the application was approved, the cost would be reimbursed out of the revenue. is Counctimember Wagamon asked how this was paid, and Ms. Reed said the contract was between PBS&J and the City of Huntsville, and that the City had already received a payment that the pass -thru would bill against Initially. . j7: i7el -0 c. Presentation, discussion, and possible action to authorize the City Manager to begin Implementation of the document management system, as budgeted. at a cost not to exceed $86,400. [Chris Vasquez, IT Manager] Counclimember Woodward made a motion to approve, which was seconded by Counctimember Cote. Counclimember Olson received clarification that this project would begin in Municipal Court and the City Secretary's office. Counclimember Montgomery asked about retrieval. Chris Vasquez, IT Manager, agreed that documents could be retrieved through technology changes. The motion passed unanimouft 7. MAYORICITY COUNCIL AND CITY MANAGER REPORT a. Annual update from Personnel Committee. [ Councllmember Cole] Counclimember Cole gave a brief update, saying the Committee had discussed Included changes to the Policy and Procedures Manual, drug testing, step and grade evaluations, grievance procedures, evaluation forms, a wellness coordinator position, medical Insurance, b. Ratify the appointment of Counclimember James Fitch as a Counclimember to serve on the Community Justice Council for Walker County Adult Probation, Section 76,003 Texas Local Government Code. [Mayor Tumor] The Mayor made a motion to nominate Counclmember Fitch for the Community Justice Council for Walker County Adult Probation and was seconded by Counclmember Johnson, The motion passed unanimously,, c. Presentation, o9scusslon, and possible salon to approve Ordinance 2011 -19, to amend the Huntsville Code of Ordinances, Chapter 22 "Health and Sanitation" by adding a new Article IV to be entitled "illegal Smoking Products and Illegal Smoking Paraphernalia" and appropriate subsections to help promote the health, safety, and welfare N its residents, rd reading. [ Counclimember Fitch] Council ember Fitch made a motion to approve the Ordinance, and was seconded by Counclimember Olson. Councllmember Fitch said he felt the products discussed did constitute a hazard, and did not recommend waiting for the state to take action. He said he felt they owed it to their children, citizens, and the University students. Counclimember Cole said he could appreciate Councimember Fitch's position, and recalled last year's issue over violence, fire concerns, and other material about local clubs. Councllmember Cole said he felt the Council was being rushed, and would like to see facts and figures in relation. Councllmember Cole also expressed concern about the impact on local businesses, and that he did not know which businesses would be affected. Counclimember Cole also said he saw this as a selective application of the law, that some of these substances were used for other purposes, and that there were more dangerous substances that were not included. Councimember Cole said he didn't doubt the Intention this was brought before the Council, but intended to vote against iL Counclimember Montgomery asked about local issues. Chief Lunsford said there had been some local cases, and that the local vendors were generally selling it alongside other items sold for drug use. He said it was not overtaking the population, but the aim was to head it off before it did. Councllmember Fitch said he had worked directly with public safely officers on this, and that many Texas cities had taken this action already. He said he would have expected local business owners with concerns would have contacted the Council, that there had been plenty of press on the Ordinance, and that these businesses sell other products. • . i z1. • -- 111571 =ti Ac a •lo y _ _ ct. AAttc �y,• j( • t so - ♦!• lug r i- 8 WZ Td. Counclimember Johnson said he would permit Counclimember Wagamon to speak. Councllmember Wagamon said he intended to support the Ordinance, but had concerns about the language in more than one Section Including °with the Intent to be ingested' and asked If there was already law to deal with this. Chief Lunsford said state law covered paraphernalia found to be In one's possession with the Intent to use for drug use, and that this Ordinance would expand this to K-2. Mr. Schneider said it goes back to the circumstances of each case, and that the courts had been pretty good about Improving Intent Councllmember Wagamon sold his concern was that this would overlap other law about paraphernalia. Chlef Lunsford sold this made the product illegal, and devices with the intent to smoke the products. Councimember Fitch sold there was currently law about "drug paraphernalia` and this Ordinance was more specific, as current law would not apply to these products at this time. The Mayor suggested Counolmember Johnson might want to make a motion to close debate. Counciimember Johnson made a motion to close debate, Councilmember Montgomery waived her question. The motion passed 7-2. the Mayor and Councilmember Woodward voting a ag inst d. Presentation, discussion, and possible action to approve Ordinance 2011.21, updates to the City Council Rules of Procedure, 15t reading. [Mayor Turner, Counclimembers Woodward and Olson] The City Secretary provided an overview of the changes. Mr. Schneider suggested that the addition for written legal settlements could possibly include "cialmsllitigation against the City." He also confirmed the intent was to allow public comment on agenda items after they had possibly been voted upon. Councilmember Barrett expressed a concern about Section 122(a), suggesting that only the first sentence should remain, regarding content of correspondence, and that Section 12.2(b) and 12.2(c) could be done away with entirely. He said he felt that a Councilmember should be free to express their opinion. Councilmember Woodward said a Councilmember had to be very careful not to represent that they expressed the opinion of the whole Council, especially on City letterhead. The Mayor agreed. Councilmember Wagamon said he thought the only proper and legal way to determine the will of the majority of the Council was the motions made and votes taken, and agreed with Councilmember Barretrs suggestions. Discussion of Planning and Zoning Commission's liaison's role for the Planning and Zoning Commission meeting of January 6, 2011, and of matters relating to possible Open Meetings Act violations during that meeting. [Councilmember Wagamon) Counciimemver Wagamon gave the floor to Mr. Schneider. Mr. Schneider said the standard procedure for public comments was to respond simply that there would be follow -up. He said that any comments made by a Counc limember relating to City business should be noted on the agenda. He noted the statute had been amended to allow for the Items of Community Interest section for public events, but that did not permit City business to be discussed in that section: Councilmember Wagamon said there was the opportunity for amended agendas to meet the 72 -hour guideline; and that allowances were made during meetings for citizens who were not familiar with the full process. He said, however, that he would expect the staff to be models of propriety In this respect, to keep the Council out of trouble. He said it was unlikely that a staff member would `call down" a supervisor who was out of line. He said there were many proper opportunities to hear staff at board meetings. f. Discussion of regular tlnanctat reporting to Council. [Councfimember Woodwrardj Councilmember Woodward said Finance Committee had discussed the change In financial monthly reporting. He said the Council received hard copies quarterly, and monthly reports were on the web site. g. City Manager's Report 1. Mobility priorities Mr. Balne thanked Larry Crlppen of KSAM, and emergency managers John Waldo, and Butch Davis for their quick response as a local elderly care center lost their heat this afternoon. Mr. Balne announced the 72"d Battalion Army National Guard returning Soldiers luncheon would be held this Saturday, and encouraged the public and local banks to contribute funds. Mr. Balne commended Catherine Heji, the TxDoT District Engineer, for her work, and discussed his recant meeting with her. He said he had spoken with her about lighting at the Goree overpass, and that TxDoT was committed to a solution in about five months. He said the City would have to work with the County and University for work on Spur 59 to FM 1791. He also expressed concerns about turning lanes on Highway 30, and a widening of Montgomery Road. Z Highway 19 update Mr. Baine said Mrs. Hejl had said "positive things." Mr. Balne encouraged the Council to attend the upcoming TxDaT Public Hearing on this project. 8. PUBLIC COMMENT There were no comments. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA Tort Brock asked to verify If the February 15, 2011 meeting would start early, and the Mayor said it would begin at 5pm. 10. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community Interest from the Mayor, Coundimembers, and City staff for which no action will be discussed or teksm) a. Rededication of plaque at Courthouse for Texas Society of the Sons of the American Revolution on Saturday, April 9, at 10 a.m., lunch to follow at the Veterans Shelter, free and open to the public. b. City Council will participate in an introductory budget session from 5.7 p.m. on Wednesday, February 2, 2011. m TxOoT is holding a Public Hearing on Highway 19 on February 15, 2011; at 6 p.m., at the Veterans Shelter. d. Mr. Baine said Zumba was still having an overwhelming response. e. The Mayor mentioned the recent designation of Bela Karolyl's facility as an U.S. Olympic Training Facility. f. A TXU commercial filmed at the Status was shown. 11. EXECUTIVE SESSION a. City Council will convene In dosed session as authorized by Texas Government Code, Chapter 551, Section 551.074 - personnel matters regarding the evaluation of Municipal Judge John Gaines. [Mayor Turner] b. City Council will convene In closed session as authorized by Texas Govemment Code, Chapter 551; Section 51.071 — consultation with counsel on legal matters Including current and pending litigation, including, but not limited to, Altom v. the City of Huntsville. [Coundlmember Olson] The Council adjoumed Into Examd1ye Session t 7.48 p.m. 12. RECONVENE a. Take action, N needed, on Items discussed In Executive Session. The Coundl mmovened at 8:50 p.m. The Mayor said the Council had discussed the Municipal Judge`s contract. The Mawr made a motion to ranew the Municipal Judge's contract Coundlmembers Woodwar and Olson seconded the motion, Mayor said Council was very pleased with the performance of John Gaines and that they looked forward to retaining him In the • position. The motion passed unanimously, The Mayor said the Council discussed legal proceedings. No motion or other action was made or taken. 13. ADJOURNMENT The meeting d ou ed 9' 1 PRESENM Tip COUNdL Lee W , City S ty 'I) P / .