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Minutes - 05/15/2012 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF MAY 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER,TEXAS AT 5:OOPM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey,Ronald Allen,Clyde Loll COUNCILMEMBERS ABSENT:None OFFICERS PRESENT:Chuck Pinto,Interim City Manager Leonard Schneider City Attorney Lee Woodward City Secretary WORKSHOP [5:0013M] —The Council will receive and discuss information on storm water utilities. [Aron Kulhavy, Director of Public Works] Tom Ramsey and Steve Byington from Klotz and Associates gave information on practices and the possible organization of a storm water utility fund. REGULAR SESSION [6:OOPM] 1. CALL TO ORDER Mayor Woodward called the meeting to order at 6:01 pm. 2. INVOCATION AND PLEDGES—Councilmember Loll led the invocation. Collyn Smock, a student from Premier High School, and Everrett Moore and Juan Aprile led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Presentation of check by Entergy of$2,548.00 for energy efficient projects. - Presentation by KSAM for$4,152.00 from their community fundraising efforts for a new police dog. The Mayor also announced a$1,000.00 donation from Mr.and Mrs.James Stallings. - Rachel Marino, an art teacher at Scott Johnson Elementary escorted fourth grader Angel Tello to present his project of a blue ribbon-winning police dog shield art project to Chief Lunsford and the school's fundraising efforts of$83.60 toward the new police dog. - A delegation of representatives from Zhejiang Police College in China, who presented the City with a plaque from their City. - Proclamation for Police Week - Proclamation for Building Safety Month - Proclamation for Public Works Week - Proclamation for National Women's Health Week, presented by Councilmember Tish Humphrey - Proclamation for Hurricane Preparedness Week 4. PUBLIC COMMENT Gene Myrick of the Huntsville Public Library Friends thanked the Council for their assistance in their community efforts for the library expansion. He recommended further study for agenda item 6e and offered the help of the Friends Board. 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 6:33 p.m. Aron Kulhavy, Director of Public Works, gave a PowerPoint presentation on the intention of the proposed change. The public hearing was closed at 6:43 p m 6. CONSENT AGENDA a. Approve the minutes of the City Council Regular Session held on May 1, 2012 and the Special Session held on May 7,2012. [Lee Woodward,City Secretary] b. Approve Resolution 2012-19 authorizing 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 State Highway 19 and designating the Mayor, City Manager, and/or Interim City Manager to act as the City's Chief Executive Officer and Authorized Representative. [Dr.Sherry McKibben,Community Development Specialist] c. Approve Resolution 2012-20 authorizing the City of Huntsville to apply for, accept, and implement if awarded the USDA AMS Farmers Market Promotional Program Grant for no more than $55,000.00 to expand the Main Street Farmers Market Program, and designating the Mayor, City Manager, and/or Interim City Manager to act as the City's Chief Executive Officer and Authorized Representative. Dr. Sherry McKibben, Community Development Specialist] d. Approve Ordinance 2012-28 amending the budget for FY11-12.[Winston Duke,Finance Director] e. Approve Ordinance 2012-29 amending the budget for FY11-12 for additions and changes to the Fee Schedule for Library fees. [Winston Duke,Finance Director] f. Consider the award of bid for relocation of sanitary sewer in the Avenue S & Normal Park Drive intersection area. [Aron Kulhavy, Director of Public Works] g. Authorize the acting City Manager to approve the contract to purchase bulk:fuel through Brenco Marketing, Bryan, TX as primary vendor and Petroleum Traders, Ft. Wayne, IN as secondary. The contract is for one year with option to renew for three additional years. [Billie Smith,Procurement Manager] h. Authorize the acting City Manager to approve establishing a purchase order to cover sequential purchases made to Performance Truck for the exclusive purchase of Mack brand captive and component parts to include labor for repairs.[Billie Smith, Procurement Manager] Councilmember Allen asked to pull e and h. l Councilmember Olson, in relation to item c, asked what would be done for the $55,000. Dr. Sherry McKibben, Community Development Specialist,-said it was for two years of operations costs such as a part-time employee, advertising, cooking demonstrations, etc. Councilmember Olson expressed a concern of getting into the"farmers market business"rather than just welcoming local growers. Councilmember Olson asked to DUII item c. Councilmember Humphrey made a motion to approve the Consent Agenda less items c e and h and was seconded by Councilmember Loll The motion passed unanimously. Councilmember Humphrey made a motion to approve item c and was seconded by Councilmember Montgomery. Councilmember Humphrey also expressed concerns. Dr. McKibben said there were currently two interns funded in Main Street and that this would replace one with a part-time person year-round for the four-month market. jCouncilmember Humphrey requested at the June 5, 2012 Council meeting that these minutes reflect that there were not in fact two interns at Main Street, but rather that one part-time position was paid through funds raised by Main Street promotions. The minutes were approved with this addition.] Councilmember Loll asked if Dr. McKibben knew of success stories from her research. Dr. McKibben said the general purpose was to bring fresh food to "grocery oases" or within walking,distance of residents and to provide a market for growers.. Councilmember Montgomery asked and received confirmation that this employee would be retained through the intern program when the grant ended. Councilmember Fitch had noted vendors for products other than fresh food and asked if that would imperil the grant, although he felt bringing more people downtown. Dr. McKibben said it would not be a problem unless the market became a craft market. Councilmember Montgomery said she Had seen a number of homemade craft items at other markets but felt the heart of the market should be fresh fruits and vegetables. Councilmember Johnson asked about the location of the market and the Mayor said it was University between 11 th and 12th Street. Councilmember Johnson said he was not sure the market would remain focused and asked what other businesses thought of the market. Dr. McKibben said she did not think it was much of a competitor to local grocery stores and also noted the organized growers of the market approved requests for other vendors and that the downtown merchants were very supportive. Councilmember Loll asked the new Interim City Manager Chuck Pinto to share his experiences. Mr. Pinto said he had worked with two markets that were successful and accepted and approved vendors. Councilmember Humphrey confirmed that the area did qualify as a "food desert" as the nearest grocery store was over a mile's walk away. Councilmember Emmett asked about fees and permitting and Dr. McKibben said there was a small fee, applicable vendors were permitted, "and all were required to apply through the committee. Councilmember Humphrey asked about the farmers market on the west side and Dr. McKibben said growers had approached the City. The Mayor noted this was the second year of the Main Street market and said the grant might provide a way to offset some of the costs. Dr. McKibben said she felt Main Street Coordinator Kim McAuliffe worked hard to promote this like other Main Street events. Councilmember Olson said he would like to hear more from Mrs. McAuliffe. Dr. McKibben noted the Council had approved the item at the last meeting and this was bringing the Resolution back. Councilmember Fitch said he felt the market was already there and that it did encourage the downtown area. The Mayor said he would like to see the money spent on advertising and quality rather than fixed assets. The motion passed, 8-1, Councilmember Johnson voting against Councilmember Johnson made a motion to approve item e and was seconded by Councilmember Olson Councilmember Olson said the Finance Committee had reviewed the item and made a motion to table and was seconded by Councilmember Montgomery The motion passed unanimously. The Mayor asked Councilmembers Olson and Montgomery to review the whole proposed fee schedule, meet with the Friends and the Library Advisory Board,and make a report back to the Council. Councilmember Humphrey made a motion to approve item h and was seconded by Councilmember Olson Councilmember Allen said he noticed an increase to$84,000.00 and asked if a purchase order was required and if the garage had a purchase order before making the purchase from Performance Truck. Winston Duke, Director of Finance, said one was required and had not been procured. Councilmember Allen asked if the person at the garage knew a purchase order was needed and if they had talked to the garage about this. Mr. Duke said it had been discussed and a significant improvement had been seen in the last month. Mr. Duke said the item was coming forward to disclose, although smaller amounts had been brought to the Finance Committee and that the City was not used to sending out amounts this large for repair. Mr. Duke said he thought it a reporting problem. Councilmember Allen confirmed with Mr. Duke that more repairs than usual were j being"farmed out"and said he thought more review was needed. Mr_ Duke said Council was being asked to approve a series of purchases and to acknowledge the over-$50,000 purchase. The Mayor asked if a purchase order agreement was being pursued with Performance Truck and Mr. Duke said it was and that his department would continue to evaluate and control this situation. Councilmember Olson said Finance Committee had reviewed the smaller purchases and that now the cumulative amount already spent must be approved. Mr. Pinto said this had not been addressed in the prior year but acknowledged the value of Mrs.Smith's proactive work to correct the issue. Councilmember Emmett said he had a concern on sequential repairs of $11,000, $17,000, and $84,000 and wanted to know why the increase. Mr. Duke said there may have been a change in management philosophy or staff skill level, but that he did see there was an increase in repairs in the last year. Councilmember Emmett suggested perhaps he should discuss this with the garage manager, as he did not think it was an accounting issue. The Mayor said the Council had identified that the agenda item was asking for and identified there was a Council concern about how the situation occurred, and asked the City Manager and staff to work it out. Councilmember Humphrey suggested the Council move forward to a vote. The motion passed unanimously,9-0. 7. STATUTORY AGENDA a. Presentation, discussion,and possible action to approve Ordinance 2012-27 amending the traffic schedule to ratify No Parking signs on Avenue J between 15th Street and Bearkat Boulevard, 1st reading. [Aron Kulhavy, Director of Public Works] The need for a visual verification was established. Aron Kulhavy, Director of Public Works, confirmed that the signs were at the request of the University and Councilmember Fitch said it would improve traffic flow. b. 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,2nd reading. [Aron Kulhavy, Director of Public Works] Councilmember Olson made a motion to approve Ordinance 2012-25 and was seconded by Councilmembers Johnson and Humphrey. Councilmember Olson said he had talked with citizens, Mr. Kulhavy, and Forest Service representatives, finding that the recommendations addressed the spirit of the law and that he felt it would allow staff to be more successful in dealing with business owners. Mayor Woodward agreed with Councilmember Olson's statement about the importance of trees to the community, noting the elimination of a penalizing restriction,while identifying a concern about the vagueness of the change. Mr. Kulhavy said he felt it would be possible to comply with the intention of the Code. Mr. Pinto said setting the tone might allow for more trees and that it could be fine-tuned later on. Councilmember Johnson thanked Mr. Kulhavy and encouraged a review of the whole chapter. Councilmember Fitch asked why there was such a rush for this small part to be changed rather than handling the whole section. Mr. Kulhavy said it Was an administrative decision as this part of the Code had never been enforced. Councilmember Fitch expressed concern about this reasoning and that he wished the entire problem could be attacked. Councilmember Montgomery noted this was to deal only with canopy trees and asked about staff review of developer plans. Mr. Kulhavy said the proposed change would have no impact on the current operating procedure. He said corrective action could still be taken before approval was given. Councilmember Fitch asked why the item was being brought if there would be no impact on the process. Mr. Kulhavy said the only impact would be on the content of the review. He agreed with Councilmember Fitch that this could be done in a short about of time whereas full review would take a year or longer. Councilmember Humphrey said she respected the staffs work and their acknowledgement of the issues. The motion passed. 7-2 Councilmembers Fitch and Emmett voting against c. Presentation, discussion,and possible action to authorize the Interim City Manager to approve the repair and expenditures, not to exceed$300,000,for the sewer repair project at Elkins Lake. [Carol Reed, Director of Public Utilities] Councilmember Olson made a motion to approve the repair and expenditures and was seconded by Councilmember Loll. Carol Reed, Director of Public Utilities,showed Camellia Lake and discussed the issue with the sewer line under it, (which was constructed by a developer in the 1970s), whereby lake was entering manholes. She said cured in- place pipe would be necessary for this issue and the other corroded section of the pipe needing repair, noting the preliminary bid received today was certainly less than the $300,000.00 requested when sliplining was being considered, perhaps even less than $200,000.00. She answered Councilmember Johnson's question by saying she thought the entire project could be completed in less than a month. Councilmember Emmett asked and Ms. Reed said the company believed it did not have to do any point repair. Councilmember Olson thanked Ms. Reed and her staff, noting Mr. Pinto's confidence in Ms. Reed's actions. Ms.Reed said it was due to Mark Reed and his staff and said the crews had been "unbelievable." Councilmember Montgomery thanked all also, and received confirmation that the reserve funds were to keep the project moving, if needed. The motion passed unanimously. � 8. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Presentation,discussion,and possible action on the lease of the lot at the corner of 12th and Avenue M. [Mayor Woodward] The Mavor made a motion to approve the lease and Councilmember Emmett seconded The Mayor and Mr. Duke confirmed the lease had been conducted for about nine years, at originally$450/month, later $550/month and the ad valorem tax, and that the City had allowed the lease to lapse when the Farmers Market moved. The Mayor said he had received concerned calls from businesses downtown. The Mayor noted it was originally leased to provide overflow parking for City Hall and County juror parking, although the County had not paid any part of the lease. The Mayor said the County had called and a suggestion was made for the County and City to split an$800/month lease with no additional taxes paid and the form had been approved by the District Attorney. The Mayor said he had not agreed to consider paying the County's portion if they did not. Councilmember Humphrey asked how many spaces were on the lot and the Mayor said he thought about fifty. Councilmember Montgomery asked about the tax amount previously paid and was told a few hundred dollars. She also asked why the lot was needed with the additional parking at the library and the Mayor said he believed it was being asked to benefit downtown. Councilmember Johnson said the split with the County would be an overall reduction in the cost over the previous year and that he felt it supportive of downtown. Councilmember Olson said he felt the City supported Main Street in other ways, that City overflow parking did not seem to occur there, and that he had to consider parking as a business owner, suggesting that downtown businesses also consider. He added that the lease had increased 25% in one year and would now increase another 30%in a year for not being City parking. Councilmember Fitch said the money was not an issue for him but suggested that removing parking for shoppers, employees,or jurors would be very detrimental to downtown businesses and that$400/month was a small amount. Councilmember Emmett said he was on the square five days a week and that the downtown businesses were suffering greatly. The City Attorney asked the Mayor to allow the Council to go into Executive Session on Sections 551.071 and 551.072. The Council adiourned into Executive Session at 8:23 pm and reconvened at 8:38 pm The motion passed unanimously. b. Presentation, discussion,and possible action on process for selection of permanent City Manager.[Mayor Woodward] The Mayor suggested the Council select a handful of firms to make presentations or send proposals. Councilmember Humphrey encouraged using technology as much as possible. Councilmember Johnson suggested using Texas firms as they were local, and likely knew the market and the potential candidates better. He also recommended specificity in desired traits. Mr. Pinto confirmed that Texas First would offer assistance but did not do permanent placement. Councilmember Olson asked Mr. Pinto about a selection being made from Texas and was told there was Texas law but possibly good people outside Texas and that it was a Council prerogative. Councilmember Fitch said he knew Mercer to be a good company although headquartered in New Mexico. The Mayor recommended Ron Cox, Ron Holifield, and The Waters Group. Councilmember Fitch said he felt an ad hoc committee could make recommendations. The Mayor said he would do that Saturday and may appoint a citizen, City Staff, and Mr. Pinto. Councilmember Humphrey suggested evaluating references from cities, that have used various firms. c. Presentation, discussion, and possible action on the nomination of Lt. Margil Flores to the City of Huntsville,Texas Veterans Affairs Advisory Board. [Mayor Woodward] The Mayor made the nomination and was unanimously approved d. Presentation, discussion, and possible action on the nomination for auditing and reporting services for the City for FY2011-12. [Mayor Woodward] The Mayor said he was willing to approve Ken Davis but also felt the idea of changing auditors was worthy. Councilmember Olson said he believed Mr. Davis had done the City a great service since the 1990s but that questions had been raised about sound accounting practices in relation to having the same auditor for that length of time. The Mayor confirmed a Request for Proposal (RFP) would be necessary if another firm was sought. Councilmember Olson reiterated that he believed Mr. Davis had done a great job for the City. Councilmember Allen said he had no problem with Mr. Davis but acknowledged that"fresh eyes"could sometimes see in a new way or even help. Councilmember Johnson asked about timing for an RFP and evaluation of responses. Mr. Duke said it would be done now and would take maybe a month to gather and then there would be a review process. He noted that Mr. Davis normally came in late August or September and then again in December or January, confirming there was time. Councilmember Fitch made a motion to create an RFP and potentially changing. The motion was seconded by Councilmember Olson The motion passed 81 Councilmember Emmett voting against e. City Manager's Report 1. Updates on City construction, grants,studies,City projects, City purchases,and economic development. 2. Budget meeting schedule The Mayor welcomed Mr. Pinto. Mr. Pinto said that he would have a draft, likely unbalanced, budget in a couple of weeks, which he would like the Council to also receive,to be reviewed with key staff in a couple of three-hour meetings. He said these first meetings would offer an opportunity for brief presentations and response from the Council,followed by the staff meeting together to balance the budget. 9. PUBLIC COMMENT There were no public comments. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media 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.) The Mayor invited the public to join the Council here at City Hall a week from tonight for a Council Coffee to meet Chuck Pinto,the newly-appointed Interim City Manager. The Mayor noted City Librarian Linda Dodson has been selected to receive the Community Builder award from the Forest Masonic Lodge on May 21st for her hard work during the Library expansion. - The Mayor thanked The Huntsville Item for their help in promoting this.year's Citizen Survey. The Item is going to run the survey six times in May, at no charge to the City, a savings of$4,200. 1 - The Mayor reminded everyone to cast votes for the 2012 Communities Take Root program, a program sponsored by Dryer's Fruit Bars.The City could win its own fruit orchard with enough citizen votes, and citizens may vote for Huntsville daily at http://www.communitiestakeroot.com. - The Mayor announced the Walker County Historical Commission would receive official proclamations from the City of Huntsville and Walker County in honor of the 150th Anniversary of the Gibbs-Powell House at the Gibbs-Powell House Museum, 1228 Eleventh Street on May 18, 2012 at 3 p.m. The proclamations will be immediately following the May 18,2012 Main Street tour beginning at 2 p.m.at the Gazebo on the downtown Square. - The Mayor announced the City's Youth Advisory Board is accepting applications from area high school students who are interested in participating in the summer job shadowing program. He said the packet will be on the web site tomorrow morning or can be requested from the City Secretary's office. - The Mayor noted this year's Farmers Market has begun and encouraged shoppers to go early. Councilmember Fitch announced Officer Rocky Carroll of UPD was being honored as a recipient of the 100 Club award and would receive a Medal of Valor from the State for his actions with a runaway vehicle on Highway 30. Councilmember Loll congratulated Stacy Dennis and her staff at the ELRC and Elkins residents on the Camellia Lake cleanup of trash stirred up after recent rains while the lake level was low. - Councilmember Emmett congratulated the SHSU Men's Baseball team on their conference win this week. - Councilmember Johnson thanked Kristy Vienne and her staff for putting on a great LeaderCast event at SHSU last Friday. - The Mayor thanked everyone again who had worked on the new police canine and led the assembly in singing `Happy Birthday"to Winston Duke. 12. ADJOURNMENT The Mayor adjourned the meeting at 909 pm Respectfully submitted, Lee Woodward, City Secreta t1a