Minutes - 02/05/2013
TH
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 5 DAY OF FEBRUARY 2013, 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:
COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen
COUNCILMEMBERS ABSENT: Don Johnson, Clyde Loll
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary____________________________
WORK SESSION [5:00PM] – The City Council held its annual meeting with the Planning and Zoning Commission to review
the status of the proposed Development Code update and other P & Z issues on the horizon for the coming year.
Aron Kulhavy, Director of Community and Economic Development, gave information and resources on planned unit developments
(PUDs) in relation to the City’s zoning and lot options and how such a process might work, particularly issues of review. He noted
the potential of flexibility within the parameters of the City’s Comprehensive Plan and requirements for the addition of a planned
development area(s) to the zoning map.
REGULAR SESSION [6:00PM]
1. CALL TO ORDER
2. INVOCATION AND PLEDGES - In the presence of a quorum, Councilmember Montgomery gave the invocation and Diamond
Johnson of the San Jacinto Girl Scouts led the pledges.
3. PUBLIC COMMENT
There were no public comments.
4. 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.)
Approve the minutes of the City Council Regular Session held on January 22, 2013. [Lee Woodward, City
a.
Secretary]
Approve Ordinance 2013-12, authorizing participation with other Entergy service area cities in matters
b.
concerning Entergy Texas, Inc., at the Public Utility Commission and the Federal Energy Regulatory Commission
in 2013, 2nd reading. [Leonard Schneider, City Attorney]
c. Approve Ordinance 2013-13, amending the budget for FY 11-12. [Steve Ritter, Interim Finance Director]
d. Approve Ordinance 2013-14, amending the budget for FY 12-13. [Steve Ritter, Interim Finance Director]
e. Authorize the City Manager to reapply for a 2014 General Victim Assistance Grant from the H-GAC/Texas Criminal
Justice Division, and approve Resolution 2013-02 in support of same. [Dr. Sherry McKibben, Community
Development Specialist]
Councilmember Olson moved to approve the Consent Agenda and was seconded by Councilmember Montgomery. The
motion carried unanimously, 7-0.
5. STATUTORY AGENDA
a. Presentation, discussion, and possible action to approve Ordinance 2013-11 for a budget amendment related to
th
mural repairs at 1104 11 Street. [Matt Benoit, City Manager]
Councilmember Montgomery made a motion to approve the ordinance and was seconded by Councilmember Humphrey.
City Manager Matt Benoit said the Council had been provided with four options to proceed and concerned allocating fund
balance for engineering plans, independent testing and review services. He noted this was budgeted in the previous year
and rolled into a savings account for this year. The Mayor clarified that the motion was to approve recommendation #3.
Councilmember Allen said he felt the issue was handled improperly and that the question was repair/replacement of the
building’s roof, and asked what the plans were to deal with safety concerns along the sidewalk.
The Mayor said his understanding was that the amendment would pay outstanding invoices and asked about assurance
that the repairs and reattachment would not be done until other problems were resolved. Mr. Benoit said there was no
such assurance. Councilmember Allen asked why the City would proceed any further than payment of the invoices due
without it. The Mayor said the concern was to take care of the mural. Councilmember Montgomery answered
Councilmember Olson’s comment to take care of the invoices by noting that option #3 provided for this, that the balance
would not be used for services if the building owner, John K. Smither, did not complete building repairs. Mr. Benoit
agreed.
Linda Pease, Wynne Home Coordinator, noted the testing was required by the engineering firm and that the owner was
proceeding with his responsibilities. She said the other issues were not critical and could be done over time, that the
current danger was plaster falling and that “stitching” the mural back to the wall was what was needed currently. She
recommended option #4 from a staff perspective. The Mayor asked what assurance the City had of the issue not
recurring. Mrs. Pease said there was no guarantee. Councilmember Montgomery confirmed the safety related to
reattachment of the mural was most critical because of risk of falling.
Councilmember Fitch said his concern was doing a temporary fix that would result in problems down the road.
Councilmember Emmett asked Mr. Smither to come speak about his plans. Mr. Smither thanked the City for the
relationship and agreement. He noted the roof did not leak but that he had done recommended repairs the year before.
He added that none of the engineers who had looked at it believed that the wall would fall. Mr. Smither said the nails
used originally were too small and that he had prepared an area around the window lintel that should have been done
initially. He noted the building had a stone foundation and was made of sand bricks. Mr. Smither called the work
“complex” and appreciated the City’s mural but noted the wall was essentially a public park. He added that the bid for all
repairs was $250,000-600,000 for a building not worth $250,000. Mr. Smither allowed that the agreement was for him to
spend an amount equal to the engineering.
Councilmember Olson said he could see where Mr. Smither had acted in good faith. He made a motion to amend the
ordinance amount to $5,337.00 in payments owed and refer additional work to the City Manager. He was seconded by
Councilmember Fitch. Mr. Benoit said he felt Terracon was involved to receive assurance the work was being done
correctly and that he understood the motion would give him authority only to pay the current invoices and work with Mr.
Smither. Mr. Benoit added that he would then have a choice to ask for an additional budget amendment for the balance
or not have review done. Mrs. Pease said independent testing was a requirement of Sparks Engineering and the burden
of responsibility would move away from them without the supervision.
The amendment to the main motion passed, 4-3. [No vote was taken on the main motion.]
b. Presentation, discussion, and possible action to approve the renewal of Standardized General Services
Agreement (GSA) between the City of Huntsville and the following consultants for Engineering and related
Professional Services. [Aron Kulhavy, Director of Economic and Community Development – copies of
agreements available to view in the City Secretary’s office and on the agenda item posting on the City website]
1. Absolute Energy Solutions (Absolute)
2. Jones & Carter, Inc. (Jones & Carter)
3. Klotz & Associates, Inc. (Klotz)
4. McClure & Browne Engineering/ Surveying (McClure & Browne)
5. Schaumburg & Polk, Inc. (SPI)
Councilmember Olson made a motion to approve the renewal of each of the service agreements and was seconded by
Councilmember Humphrey. The motion passed unanimously, 7-0.
6. MAYOR/CITY COUNCIL/CITY MANAGER/CITY ATTORNEY REPORT
a. Presentation, discussion, and possible action to approve nomination of Dr. Sherry McKibben, Community Development
Specialist, as City’s Section 3 Coordinator and Section 504 Standards Officer. [Mayor Woodward]
The Mayor nominated Dr. McKibben for the position. The motion passed unanimously, 7-0.
b. Annual update from the Communications and Service Committee. [Councilmember Fitch]
Councilmember Fitch said the Committee met monthly to determine content for the City Connection and consisted of him,
Councilmember Montgomery, and Deputy City Secretary Kristin Edwards. He noted the release of over 125 press
releases concerning all areas of the City. Councilmember Fitch recalled the significant and “invaluable” work of Ms.
Edwards in creating and conducting the 2012 City Survey. He added that the Committee had sought cost-saving
measures in the distribution of the Connection but noted the concern in reaching all possible citizens. The Mayor thanked
the Committee for their work.
c. City Manager’s Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
City Manager Matt Benoit said the Parker Creek drinking water facility had successfully completed its National
Environmental Laboratory Accreditation Program (NELAP) audit at the end of 2012 and was one of only 35 such
commended.
d. Presentation, discussion, and possible action on consideration of installation of a street light at FM 2821 and
Smith Hill Road. [Councilmember Allen]
Councilmember Allen made a motion to approve the item and was seconded by Councilmember Olson. The Mayor noted
the light was in place. Councilmember Allen expressed his frustration at the delay of installation and not being able to
give his constituents accurate information, and then asked the City Manager for the causes. Mr. Benoit said he shared
the Councilmember’s feelings and noted that Councilmember Allen had been made aware because of his [Benoit’s] call to
him to apologize. Mr. Benoit said the staff understood that one of the most important parts of their work was to follow up
on Council requests. The motion passed unanimously, 7-0.
7. PUBLIC COMMENT
There were no public comments.
8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no public comments.
9. 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 noted the Trash Bash would be held on March 2 from 7:30-12 and E-recycling Day was on April 6 at the recycling
center and more information was on the website. Councilmember Humphrey encouraged attendance at the Chamber of
Commerce Trade Expo on March 7 at the Fairgrounds. Councilmember Fitch announced SHSU basketball games on
Thursday evening and Saturday. The Mayor noted that the football team would be celebrated at halftime of the Thursday
game.
10. ADJOURNMENT
The Mayor adjourned the meeting at 7:01 pm.
Respectfully submitted,
Lee Woodward, City Secretary