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Minutes - 11/13/2012 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF NOVEMBER 2012, IN THE CITY HALL,LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER,TEXAS AT 5:00 PM. The Council met in a regular session with the following: GOt1NCIL--ME-MBE-RS-P-ICE-SE-N-T=Mac—Woedwer-"ames-Fite-h--ydla-Montgoment Do FHH-jc,4nsori--- D—Gis_on—J_oe Emtim_e3�[slrtigmRhre Ronald Allen,Clyde Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT:Chuck Pinto,Interim City Manager Leonard Schneider City Attorney Lee Woodward City Secretary WORKSHOP[S:OOPM]—Introduction of new benefit consultant,Shannon Morgan,with Holmes-Murphy. There was also discussion of the Texas Municipal Retirement System, during which Councilmembers Humphrey,Allen, and Fitch recused themselves. REGULAR SESSION[6:OOPM] 1. CALL TO ORDER—Mayor Woodward called the meeting to order at 6:04 p.m. 2. INVOCATION AND PLEDGES— Councilmember Loll led the invocation and Allison Martin of Alpha Omega Academy led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS Visit from new Police Canine,Raiko Proclamation for National Hospice and Palliative Care Month Proclamation for Municipal Court Week Proclamation for Kaye Boehning Day Presentation by Dr.Mary Ann Conroy on the SHSU Psychological Services Center 4. PUBLIC HEARING a. City Council will hold a public hearing concerning a request for a change in the zoning classification of Block 3 of the G. A. White Subdivision, bordered by 11th Street, Hickory Drive, Cedar Drive, and Pear Drive, from Neighborhood Conservation to Management,1st hearing.[Aron Kulhavy,Director of Public Works] The Mayor opened the hearing at 6.26 pm Councilmember Fitch signed an Affidavit of Conflict of Interest and left the dais. Aron Kulhavy, Director of Public Works,said the case considered rezoning the entire block and noted there had been similar requests _ in the past, but they had not made it to the Council. He said the Comprehensive Plan view was that it would be appropriate for some commercial use. Mr. Kulhavy added that the Planning&Zoning Commission(P&Z)had given three reasons to turn down the request(question of deed restrictions,no plans for the change,and that the request was somewhat premature). Jack Choate spoke on behalf of the applicants, MRE Properties (Micah Slaughter, Rob McCaffety, and Eric Johnston)who he said were longtime residents who raised families in Huntsville. He said the only other tract owner in the block was David Tinsley, who was also in support of the request. He said the appropriateness of this property being commercial was due to its location in the 500' corridor along 1-45. Mr. Choate provided property values for the properties of his client and surrounding commercial properties,to address questions of economic development and potential,property taxes. He acknowledged there were questions about a plan and said his clients were trying to get a Chick-fil-A or something comparable,saying surrounding businesses would likely dictate was appropriate,but that it should not affect the Council's decision. Mr. Choate referred to a former issues with First State Bank on opposing property on 10th Street and said he felt the only difference was the amount of opposition but that the discussion centered on the same concerns. He said this part of 11th Street will, and should, he said, eventually be commercial. Mr. Choate said the neighborhood was inundated with rental properties,an indicator of change in the area, and suggested that Council should ask those who speak at the hearing if they were property owners or residents. He said he did not think there had been a fair discussion among the residents in the neighborhood,citing a letter of a tenant to whom someone had presented to her that the intention was to put in a liquor store. He again said that his clients were concerned with the look of the community and wanted to"be good neighbors"and that the plan had minimal impact on the area. Mr.Choate said a majority vote of landowners could remove the deed restrictions,but that his clients did not have"deep pockets" to begin that process. He said the MHN auto lot was already a nearby commercial violation of the deed restrictions. In 1989,he recalled, the neighbors acquiesced to a business on that lot, but providing there would not be certain types of commerce. Mr. Choate read from the Comprehensive Plan and said this request certainly fit the best and proper use of the property,and noted some of those in opposition were actually physically closer to Golden Corral than his clients'property. Joy Dell Roe said her parents purchased a house on Oak Drive in the early 70s and that she kept the house as a rental since 1981 and her grandson lived there now. She said this request would bring more traffic to 11th Street and suggested requestors buy The Junction if they wanted to put a business in. She did note a drainage issue from Pear Street and suggested development would worsen the issue. She said she wanted the area to remain a neighborhood. Scott Hornung spoke from a letter he had presented to the Council, noting that some of the Council likely had relationships with the requestors. He said that he,too, lived in the town and that the requestors may not be extremely rich but that it was about money. .He,addressed Eric Johnston being the Chair of the P&Z and read from minutes where.he spoke on the Avenues rezoning case a few months earlier. Mr. Hornung said the City staff fact sheet was"a piece of junk,"reading from it and taking issue with several items and asking if the staff was"working too closely with speculators." He said the neighborhood was a good place to live and asked the Council to consider keeping it as it was. Clyde Murray said he owned a home within the 200' and gave his main concerns of commercialization, which he felt would be detrimental to both the neighborhood and the community. He said that protecting the block might allow it to be used as a scenic gateway in the future. He added that almost all the residents were opposed to the request and also were many others such as artist David Addickes. Mr. Murray said violating deed restrictions was a serious matter. He said he felt Mr. Choate had, in a sense, invalidated the rP 41d fc anti re_sented-the_impf cation that-r-enters-were-not to-be-valued—Mr-Mur-ra--said-his-ar-ea-also ---- had-the drainage issue Mrs.Roe had mentioned and said he recalled the City had declined to curb and gutter the area in order to keep the large pine trees there,which was certainly be lost if the area was developed in this way. Sarah Murray said she lived in the neighborhood and opposed the request due to the increase of traffic, noise, and litter throughout the area and increased danger to children and pedestrians, as there were no sidewalks. She suggested they think about the possibility of a fast-food restaurant being erected near their homes and said the City should uphold Neighborhood Conservation. Barnet Lawrence said he had lived in Huntsville for 29 years and owned and lived in a home on Pecan Drive for six years,noting many renters had lived in the area longer than they. He noted the significant traffic increase since the apartment complex was built on 10th Street and that development as requested did not allow for an exit except coming through the neighborhood. Janis Lawrence said they had seen great speeds on their street and did not consider a Chick-fil-A to be a"big boon"to the local economy, as it would likely only employ a 12-13 people. She said her neighborhood was not the most desirable in the community,but was very pleasant. Councilmember Emmett asked Mr. Choate what volume of business a Chick-fil-A would need, but Mr. Choate said he did not know and speculated over a couple of million annually. Mr. Choate said he understood there would be a traffic increase of any additional business on 11th Street and suggested perhaps the community did not want new business. Councilmember Allen took offense and Mr. Choate said he felt the question was to identify the best and most proper use of the property. Mr.Choate said his clients had no intent to harm anyone else's property but wanted to do what they wanted with their own property. Councilmember Montgomery asked Mr. Kulhavy about traffic in the neighborhood, adding that she had driven the neighborhood and seen some of the streets were quite narrow. Mr. Kulhavy said the City would require a traffic impact analysis based on intended use to be reviewed by staff and TxDoT. He told Councilmember Montgomery the developers would have to comply with any required changes. Councilmember Montgomery asked about other controls on use and Mr.Kulhavy said there were only the zoning codes (Management, Neighborhood Conservation, and Downtown) and that state law prevented contract zoning. Mr. Kulhavy said the City could increase the number of zoning classifications or use planned-use development but they were not allowed under the current code. / \ Councilmember Olson noted the City was reviewing the Code. The Mayor asked the City Attorney about deed restrictions. Mr. Schneider said he understood that generally the most restrictive controls usually ruled when zoning and deed restrictions were in conflict. He added that if the City determined to change the zoning for the five lots it would cause a conflict and the subdivision owners would then have to try to enforce their deed restrictions and the City ordinance could possibly be overruled. Mr. Schneider said a court of law would have to determine if the deed restrictions were still valid. Councilmember Olson asked who enforced the deed restrictions currently. Mr.Schneider said there was normally a homeowner's association or a group of owners. Janis Lawrence added that there was already a small Chick-fil-A on campus. Judy Hornung said the requestors had bought other pieces of property and could possibly be attempting to set a precedent through this action and she was concerned about the entire neighborhood and Forest Hills. Dalene Zender clarified that the concern was traffic in the neighborhood, not just on 11th Street and presented a copy of the deed restrictions. She said they were renewable every ten years and added that the requestors bought the property knowing the deed restrictions were in place. Clyde Murray said perhaps Mr. Choate had suggested the deed restrictions were not as valuable due to their age. The Mayor thanked everyone who had come and said it would be considered again on November 27. The Mayor closed the hearing at 7:33 Dm. 5. PUBLIC COMMENT There were no additional comments. 6. CONSENT AGENDA a. Approve the minutes of the City Council Regular Session held on October 16,2012 and Special Session held on October 30,2012.[Lee Woodward,City Secretary] b. Authorize the Interim City Manager to approve the purchase of outdoor baseball field lighting from Musco Lighting in the amount of$174,800.00.[Billie Smith,Procurement Manager] c. Consider acceptance of the Army Reserve Building located at 2257 South Sam Houston Avenue.[Aron Kulhavy,Director of Public Works] d. Authorize the City Manager to approve renewals of the City's health insurance programs and authorize payment for payroll deductions.[Missy Davidson,Interim HR Director;Winston Duke,Finance Director] e. Approve revisions to Recreation budget.[Matt Lumpkins,Director of Community Services] f. Approve letter allowing outside service to City of Huntsville CCN address on Davidson Road. [Carol Reed, Director of Public Utilities] (Item b was moved to the Statutory agenda and not included in the Consent Agenda motion and vote. Councilmembers Allen, Fitch, and Humphrey signed Conflicts of Interest and did not vote on item d) Councilmember Loll moved to approve the Consent Agenda and was seconded by Councilmember Montgomery. The Mayor clarified the Army Reserve building belonged to the City and that the lease was being relinquished. Councilmember Johnson asked about the future use. Chuck Pinto, Interim City Manager, said there were some requirements under the law to dispose of the property. He recommended the new City Manager evaluate the entire parcel before a decision was made. The motion passed unanimously(9-0 for items a c e and f 6-0 for item d Item B was now handled. Councilmember Montgomery moved to approve the item and was seconded by Councilmember Johnson. Councilmember Loll asked about change orders and Billie Smith, Procurement Manager, said changes of 25% or more had to come back to Council for approval. Councilmember Humphrey asked about energy conservation and Mrs.Smith said the lights were more energy-efficient, had extended life, and included a timer system. Councilmember Johnson said it seemed that perhaps maintenance had been eliminated for twenty-five years. Mrs. Smith said the warranty would include continued service and did reduce costs. Councilmember Montgomery noted this was a budgeted CIP project and it had come in under budget. The motion passed unanimously. 7. STATUTORY AGENDA a. Presentation,discussion,and possible action to consider the request for a change in the zoning classification from Neighborhood Conservation to Management for Block 3 of the G.A.White Subdivision(bordered by 11th Street,Hickory Drive,Cedar Drive,and Pear Drive),1st reading.[Aron Kulhavy,Director of Public Works] Councilmember Fitch signed an Affidavit of Conflict of Interest and left the dais. There was no additional discussion. b. Presentation,discussion,and possible action to consider waiver of all permit and development fees for the construction -of_the_Walker_County-Jail-facility located at-655-FM-2821.[Aron-Kulhavy,-Director of Public Works] Councilmember Fitch moved to approve the item and the motion was seconded by Councilmember Allen Captain Steve Fisher, Eddie Smith, and Commissioner Ronnie White attended to represent the County and discussed the status of the project. Councilmember Montgomery asked about other services the jail provided and was told everyone arrested in the County came to the jail, which included medical bills. Councilmember Olson noted 72% of County residents live in the City limit so that the waiver was of benefit to the City's citizens as well. The motion passed unanimously. c. Presentation,discussion,and possible action to approve Ordinance 2013-05 for annual election for City plan provisions in the Texas Municipal Retirement System(TMRS),effective January 1,2013,1st reading. [Winston Duke,Finance Director;Missy Davidson,Interim HR Director] Councilmembers Fitch,Allen, and Humphrey signed Affidavits of Conflict of Interest and left the dais. Anthony Mills, Regional Manager,Texas Municipal Retirement System (TMRS), presented information on optional provisions for updated service credits for active employees. He noted this had been in place and was dropped in 2009, issued on a one-time basis in 2010,and then inadvertently, he believed,dropped. Mr. Mills noted this usually occurred as a city improved a plan and provided retroactive credit and noted occasions in the City of Huntsville when this had taken place. Mr.Mills also discussed cost of living adjustments(COLA)for retirees,70/5Vor 30%of the cost of the living index,working out to around 3% historically. He noted the City previously had this and that an ad hoc COLA was before the Council tonight, which would miss an opportunity for advanced funding and suggested a repeating ordinance allowing for projections and full funding for active employees as well as retirees. He noted that the City's changes over the last few years was why it was a more significant commitment than previously and that legislative changes had made this appropriate for review. The Mayor noted the plan in the ordinance(50%)had been budgeted. Mr. Mills noted the City had more than 82%covered and were tracking toward 100%. 8. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Discussion on the selection of a permanent City Manager,standing item.[Mayor Woodward] The Mayor said the Council would interview all four finalists on November 28 and then convene to discuss their decision. b. Presentation,discussion,and possible action on nominations.[Mayor Woodward] The Mayor made the nominations below. Houston-Galveston Area Council (H-GAC) Case Study Stakeholder Committee Meeting "Housing as an Economic Development Tool in Huntsville.Texas: Nimbyism Affordability,and Economic Development" Ratification of nominees: Frank Roberts,Sam Johnson,Dr.Steve Johnson,Nancy Gaertner, Robert Pate, J. D.Davis, Dr.Jaimie Hebert Youth Advisory Board—Chase Cheney,youth appointment Houston-Galveston Area Council(H-GAC)2013 General Assembly&Board of Directors Mayor Mac Woodward,representative Councilmember Clyde Loll,alternate The motion passed unanimously. c. Presentation, discussion, and possible action to approve Ordinance 2013-04 concerning the sale of non-potable water, 1 reading.[_M_ay_orW_Qodwacd] The Mayor noted there had been a concern at the last meeting about the sale of raw/non-potable water. The Mayor noted the only item related to this was the Service Agreement with Elkins Lake. d. City Manager's Report 1. Updates on City construction,grants,studies,City projects,City purchases,and economic development. Mr.Pinto had no report. 9. PUBLIC COMMENT There were no public comments. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no inquiries. 11. ITEMS OF COMMUNITY INTEREST The Mayor noted there would be a recount of one of the City Council races on Friday at City Hall at Sam. Dr. Sherry McKibben announced a public meeting for the housing case study at the library from 6-8 pm on November 29 and would also be conducting focus groups on November 28 and 30. She asked that inquiries be directed to her office at 936-291-5428. 12. EXEC UTI_VE-SESSION------ -- a. City Council will convene in closed session as authorized by Texas Government Code,Chapter 551,Section 551.074-personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,regarding City Attorney Leonard Schneider. [Mayor Woodward] b. City Council will convene in closed session as authorized by Texas Government Code,Chapter 551,Section 551.074-personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,regarding City Manager Chuck Pinto. [Mayor Woodward] The Council adiourned into Executive Session at 8:15 pm The Mayor said he did not anticipate any action after the session. 13. RECONVENE a. Take action,if necessary,on items addressed during Executive Session. The Council reconvened at 10:19 pm. There was no further action. 14. ADJOURNMENT The Mayor adjourned the meeting at 10:19 pm Respectfully submitted, Lee Woodwardfity fef retary