Minutes - 04/16/2013
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16 DAY OF APRIL 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, Don H. Johnson, Keith Olson, Joe Emmett, Tish Humphrey, Ronald
Allen, Clyde Loll
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary__________________________________
WORKSHOP SESSION [5:00 PM] – Safe Routes to School projects discussion. [Aron Kulhavy, Director of Community and
Economic Development]
Mr. Kulhavy reminded the Council that in 2009 the City Planning staff submitted a plan to the state for the Safe Routes to School
sidewalks, which was approved and construction monies were awarded from the state across five separate project grants. He said the
City and TxDoT formally accepted the funding agreements in 2011 and SPI was selected as contractor. Mr. Kulhavy said they hoped to
begin construction in 2013.
Mr. Kulhavy said three phases were located near Scott Johnson and Huntsville Elementary Schools and the other two by Samuel
Houston Elementary and Mance Park Middle School. He added that bids for four projects were fully within budget, but that Phase 1 cost
as bid was $515,000 but was budgeted at just under $290,000. Options presented included (1) the City covering the overage, (2)
delaying the project (which could jeopardize all of the phases, as it was over 25% of the total), or (3) reducing the scope of Phase 1. He
said the City had been told that the savings of the other phases could not be reallocated to this phase.
In consideration of option #3, Mr. Kulhavy presented two possibilities, first to cut from the west section, namely from Sycamore to
Avenue B, a more commercial area with more existing driveways, reducing the overage to just over $64,000. He offered a second
possibility also starting the reduction to Dogwood Street, due to fewer homes in the area, reducing the shortfall to about $21,000.
Councilmember Fitch suggested having a longer sidewalk on one side of the road rather than shorter on both sides and Mr. Kulhavy
said they would investigate some cost figures, noting the grants were very specific on location. Councilmember Johnson asked about
needs in relation to the pending HISD bond issue and was told the need for sidewalks would still exist. Councilmember Montgomery
questioned the budgeted amount being so much lower than bids and Mr. Kulhavy said preliminary issues were not taken into account,
such as drainage components and driveway reconstructions. Mr. Kulhavy reported that an additional 15% was granted upon a
subsequent request. Jeff Cannon of SPI noted it was common for this type of project to just focus on sidewalk basics in applications
and that TxDoT criteria also played a role in expenses. Councilmember Humphrey asked about traffic in the area and Mr. Kulhavy
stressed the intent of the project, namely, providing safe routes to schools.
The Mayor expressed disbelief that not doing Phase 1 would risk the other phases but savings from those could not be used for Phase
1. Mr. Cannon agreed it did not seem to make sense but noted it was an issue with federal grant funding. The Mayor expressed a
desire to see this project completed. Councilmember Allen said Phase 1 was the most important part and should not be reduced, asking
the Council to pay for it from the General Fund. He said it was “unacceptable” to “penalize” the children in that area, especially
considering sidewalks constructed in other areas of the city for future development. Councilmember Fitch agreed, pointing out money
being requested for improvements downtown.
Councilmember Montgomery asked if other city funds could be used and City Manager Matt Benoit agreed to look into it.
Councilmember Montgomery confirmed the only current safe crossing was during the limited times when a crossing guard was on duty.
Mr. Kulhavy said the City would follow up with TxDoT and prepare documents to come to the Council to award the bid. Councilmember
Allen asked the City Manager to confirm the funds would be found before construction began. Mr. Kulhavy answered Councilmember
Johnson’s inquiry about a pedestrian bridge, saying staff would look into that and additional funding possibilities. Councilmember
Humphrey said she felt a greater concern than sidewalks was crossing the four-lane state highway when the guard was not on duty.
She confirmed again that the scope of the project was decided and could not be changed for bridge options. Mr. Cannon said it was
important to consider performance review in applications for future grants. Councilmember Johnson noted many grants usually required
a match from the City but that this did not and suggested considering what a typical percentage would have been in relation to the
overall project expense.
SPECIAL SESSION [5:30 PM] - City Council will convene in closed session as authorized by Texas Government Code, Chapter
551, Section 551.071 - to receive legal advice on obtaining easements for water line project on Highway 190. [Leonard
Schneider, City Attorney]
In the presence of a quorum, Mayor Woodward called the meeting to order at 5:34 pm. The Council adjourned into Executive Session
at 5:34 pm and reconvened at 5:58 pm. No action was taken.
REGULAR SESSION [6:00PM]
1. CALL TO ORDER – In the presence of a quorum, Mayor Woodward called the meeting to order at 6:02 pm.
2. INVOCATION AND PLEDGES - Councilmember Johnson gave the invocation and local Girl Scout Kylie Grisham led the pledges.
3. PRESENTATIONS AND PROCLAMATIONS
a. Proclamation in honor of National Library Week and School Library Month
b. Certificate presentation to Homework Help Tutoring Program participants
c. Proclamation in honor of Public Telecommunications Week
d. Presentation of Huntsville High School Mountain Bike Team and coaches – Coach Didier noted the State competition
would occur at the Huntsville State Park on May 5, 2013
e. Proclamation in honor of National Volunteer Week and City volunteers
f. Economic Development presentation by Ben Bius – Ben Bius said he was philosophically opposed to economic incentives,
but wanted to receive what was offered elsewhere. Mr. Bius said he was discussing proportional and balanced performance-
based agreements for “legacy assets,” especially in the downtown core, in order to preserve them and assist them in being
competitive. He said his potential tenants of Goodwill and Hobby Lobby would bring to the area an investment of about $4
million or better, would bring a minimum of approximately new jobs, and could provide $4-10 million in sales. Mr. Bius said he
was asking for what had been offered to his competitors locally. He said the City’s offer to him was based on 100%
occupancy, which he felt unrealistic and should be based on retail sales, as that was what was ultimately being sought. He
suggested a required range of $4-6.7 million in sales to bring a reimbursement to the developer of 50% of the sales tax
collected by the City, comparable to what Property Commerce received in the TIRZ. Councilmember Johnson asked about
timing and was told all involved wanted to be open this year and one store wanted to be open in June.
4. PUBLIC COMMENT
Danny Slater spoke in opposition to tax abatements for new businesses, noting that his family’s long-time local business was in
competition with Hobby Lobby. He read a letter from a 2007 issue of The Huntsville Item in which Mr. Bius spoke against sales tax
rebates, saying that it placed the City in the position of picking businesses over others.
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
Council.)
a. Approve the minutes of the City Council Workshop held on April 1, 2013 and the Regular Session held on April 2,
2013. [Lee Woodward, City Secretary]
b. Authorize the City Manager to submit an application to the Department of Justice Bulletproof Vest Program for
$6,300.00. [Dr. Sherry McKibben, Community Development Specialist]
c. Authorize the City Manager to respond to the National Endowment for the Arts’ invitation to apply for funding of
$20,000.00. [Dr. Sherry McKibben, Community Development Specialist]
d. Approve Resolution 2013-07 in support of the Victims’ Service Coordinator Grant application. [Dr. Sherry McKibben,
Community Development Specialist]
Councilmember Olson moved to approve the Consent Agenda and was seconded by Councilmember Loll. The motion passed
unanimously.
6. STATUTORY AGENDA
a. Presentation, discussion, and possible action to approve Resolution 2013-05 to initiate condemnation under Chapter
21 of the Texas Property Code for an easement to lay a water line on State Highway 190 East (11th Street) and near
Avenue C, across two properties more particularly described as:
(1) an easement property being a parcel of land containing 0.021 acre or 912 square feet of land, more or less,
part of a 0.213 acre tract, situated in the Pleasant Gray League, Abstract No. 24, Walker County, Texas, and
being out of, upon and a part of a called 0.213 acre tract described in a Deed from Thomas C. Rushing to
Randy L. Gardner and John Cooper dated June 1, 1984 recorded in Volume 430, page 403, Deed Records of
Walker County, Texas (more particularly described by metes and bounds in the attached Exhibit “A-1” and an
Plat attached as “A-2”); and
(2) an easement property being a strip of land ten (10.00) feet in width, containing 0.030 ACRE more or less
OUT OF A 0.598 acre tract, situated in the Pleasant Gray League, Abstract No. 24, Walker County, Texas, and
being out of, upon and a part of a called 0.598 acre tract described in a Deed from Thomas C. Rushing and
wife, Lillian M. Rushing to Randy L. Gardner and Dick Shultz dated December 28, 1979 recorded in Volume
352, page 148, Deed Records of Walker County, Texas and a Deed, conveying an undivided one-half interest
in said tract recorded in Volume 352, page 148, Deed Records, from Dick Shultz to Randy L. Gardner dated
February 1, 1984 recorded in Volume 424, page 868, Deed Records (more particularly described by metes and
bounds in the attached Exhibit “B-1” and an Plat attached as “B-2”.
[Aron Kulhavy, Director of Community and Economic Development]
Councilmember Olson moved that the City of Huntsville authorize the use of the power of eminent domain to acquire two
permanent easements across two properties; (1) 912 square feet of land, more or less, part of a 0.213 acre tract, situated in
the Pleasant Gray League, Abstract 24, Walker County, Texas, described in a Deed from Thomas C. Rushing to Randy L.
Gardner and John Cooper, dated June 1, 1984, recorded in Volume 430, Page 403, deed records of Walker County, Texas;
and (2) a strip of land ten (10.00) feet in width, containing 0.030 acre, more or less, out of a 0.598 acre tract, situated in the
Pleasant Gray League, Abstract 24, Walker County, Texas, described in a Deed from Thomas C. Rushing and wife, Lillian M.
Rushing, to Randy L. Gardner and Dick Shultz, dated December 28, 1979, recorded in Volume 352, Page 148, deed records
of Walker County, Texas for the replacement of an old, existing 6-inch cast iron waterline, that is in poor shape, with a 12-inch
waterline, and was seconded by Councilmember Allen. The motion passed unanimously.
b. Presentation, discussion, and possible action to approve Ordinance 2013-18 amending the City of Huntsville, Texas
Code of Ordinances, specifically Chapter 4 “Alarm Systems”; providing for a penalty; making other provisions and
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findings thereto; and declaring an effective date, 1 reading. [Chief Kevin Lunsford, Director of Public Safety]
Chief Kevin Lunsford, Director of Public Safety, answered a question from Section 4.6 from Councilmember Humphrey that
each alarm permit would be renewed annually if there were no changes and no false alarms, saying it was a standard industry
practice. Councilmember Fitch noted this had been reviewed periodically and that renewals were considered necessary to
keep the database up to date when permit holders moved, disconnected, or changed contact information. Councilmember
Allen asked about unpermitted alarms and the Chief said all alarms were responded to, but the updates allowed for a criminal
penalty in these situations. Councilmember Olson asked about an initiative to notify the public and the Chief said there would
be an education effort.
Councilmember Montgomery noted there had been rules but they had been difficult to enforce and the Chief agreed that was
the attempt was to handle an unmanageable amount of records handled by the departing, adding that it was revenue-sharing
rather than at a cost to the City, if a firm was engaged to manage the false alarms. Councilmember Humphrey ensured that
customers would be notified of common issues. She also asked that Sections 4-17 and 4-19 be reviewed for numbering.
Councilmember Fitch noted enforcement could encourage involvement by business owners. The Mayor pointed out that over
99% of the alarms to which the PD responded were false alarms.
c. Presentation, discussion, and possible action to authorize the City Manager to appeal the denial from FEMA of the
cost overrun for the Community Safe Room. [Dr. Sherry McKibben, Community Development Specialist]
(The Mayor had noted he had filed a Conflict of Interest and left the dais.) Dr. Sherry McKibben, Community Development
Specialist, noted the City’s match of the revised project overrun would be $109,233, which would be composed of an amount
paid by the Boys and Girls Club and the remainder through a waiver of expenses from the City. Mayor Pro Tem Johnson
confirmed FEMA required the secondary use of the tornado shelter, hence the use by the Boys and Girls Club (Club).
Councilmember Montgomery was told the scope was reduced when FEMA decided it would not fund projects to hold over
1000 persons. She also asked about the additional space and Dr. McKibben said it would only be built if paid for by the Club.
Dr. McKibben said restrooms were an ineligible expense from FEMA that was now permitted due to International Building
Code guidelines.
Councilmember Fitch asked why the amounts were being discussed when the item was to appeal the denial. Dr. McKibben
said the fiscal impact would follow a successful appeal. Mayor Pro Tem Johnson said he understood that Dr. McKibben
believed FEMA would approve the revised plan. Councilmember Montgomery said the current iteration was about half the size
of what the Council previously approved.
Councilmember Loll made a motion to authorize the City Manager to appeal the denial from FEMA of the cost overrun for the
Community Safe Room and was seconded by Councilmember Montgomery.
Councilmember Fitch asked about potential repercussions of approval. Dr. McKibben said the “box” without restrooms could
not be built, due to building code. She added that the original grant amount was not in jeopardy, although that project could
not be built. Leonard Schneider, City Attorney, said FEMA could declare the City in fault and require repayment if the original
project were built. He said the option would be to raise more money to build a structure that met FEMA and building code
requirements or refund the grant. Councilmember Olson said the Council had supported the Club and the project initially and
the smaller project limited the City’s exposure. Mr. Schneider clarified that an amended agreement with the Boys and Girls
Club and a lease would have to come before the Council for approval.
The motion passed unanimously, 8-0.
d. Presentation, discussion, and possible action to award construction contract for Main Street Sidewalk Projectand
approval of Resolution 2013-06 in support of same. [Dr. Sherry McKibben, Community Development Specialist, and
Aron Kulhavy, Director of Community and Economic Development]
Councilmember Johnson moved to award construction contract for Main Street Sidewalk Project and approval of Resolution
2013-06 in support of same and was seconded by Councilmember Montgomery.
Councilmember Fitch noted this was the evening’s third discussion on grants and asked if ADA-compliance could be achieved
for a smaller cost to the City. Dr. McKibben said the project would have to be done as applied for. Y.S. Ramachandra, City
Engineer, described the basic layout of the work. He told Councilmember Fitch that the cost just to build the two ramps would
be about $11,000. Councilmember Fitch said he would vote for that to construct the ramps but not more for the additional
match on a larger project, due to the City’s financial concerns. Councilmember Montgomery asked about the cost of the lights
and Dr. McKibben said they were not included. Councilmember Johnson confirmed it was brick sidewalks with ramps and that
the grant had already been accepted by the City. Dr. McKibben agreed and said the item was a Main Street grant to award the
contract and noted the bids came in under budget, meaning the City’s match may not all be used. Councilmember Humphrey
said she understood Councilmember Fitch’s thoughts, but that it was a small amount, relatively, for the return.
Councilmember Allen said he had just been in a meeting where it was recommended that 70% of a sidewalk project in his
ward be removed and expressed amazement that $16,000 be proposed for “pretty sidewalks.” Councilmember Olson said
staff had only given the Council options and the members seemed to support finding the money for the sidewalks.
Councilmember Fitch and the Mayor confirmed the City’s match could be less than the $16,809. Dr. McKibben told the Mayor
the City staff would put $30,000 into the project, including in-kind services, on a $150,000 grant. The Mayor asked about the
timetable and was told the contract was to have been awarded in February, due to delays in the bidding process. The City
Manager said a project accounting could be provided to the Council. Councilmember Fitch moved to postpone to the May 7
meeting and was seconded by Councilmember Olson. The motion to postpone passed unanimously.
e. Presentation, discussion, and possible action to adopt Ordinance 2013-21 amending Section 11.04 of the City of
Huntsville, Texas Employee Policy and Procedures Manual entitled, “Reduction in Force”; and making other
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provisions related thereto, 1 reading. [Missy Davidson, Interim Human Resource Director]
Missy Davidson, Interim HR Director, said revisions to the Ordinance should be considered at a time when it was not needed,
noting other changes to the Employee Personnel and Procedures Manual would be forthcoming. She said the Personnel
Committee had reviewed the changes and recommended it come to the full Council. Mrs. Davidson said the current policy
only provided for ten days in the case of severance and the revision would provide more resources.
f. Presentation, discussion, and possible action to approve the purchase of software license from Azteca Systems, Inc.
“The Software Cityworks” in the amount of $108,000.00; the purchase of the support agreement from Azteca Systems,
Inc. in the amount of $36,450.00 per year; and the purchase of implementation and software conversion from NTB
Associates, Inc. in the amount of $65,350, miscellaneous fees for updating existing hardware, New World integration,
and windows software licenses $32,500.00. [Chris Vasquez, IT Director, Carol Reed, Public Works Director, Billie
Smith, Procurement Manager]
Councilmember Olson moved to approve the software purchases as presented and was seconded by Councilmember
Humphrey.
Councilmember Humphrey confirmed the City as a whole was not being committed to a single vendor. Councilmember Olson
thanked all the involved staff members for their work on the project. Councilmember Montgomery noted the item was
budgeted in CIP, and commended the staff for finding a solution at so much less than budgeted.
The motion passed unanimously.
g. Presentation, discussion, and possible action to approve the purchase of 96-gallon blue recycling carts to be placed
in the curbside recycling Area 7 of the City of Huntsville’s Solid Waste & Recycling Division. [Billie Smith,
Procurement Manager]
Councilmember Fitch moved to approve the purchase and was seconded by Councilmember Loll. The motion passed
unanimously.
h. Presentation, discussion, and possible action to approve the purchase of various sizes of water meters to be used by
the Public Utilities Water Division from Badger Meter, prices effective until April 30, 2014. [Billie Smith, Procurement
Manager]
Councilmember Humphrey moved to approve the purchase and was seconded by Councilmember Montgomery. The motion
passed unanimously.
7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion, and possible action to approve nomination of Vinessa Mundorff to an open position on the
Youth Advisory Board. [Mayor Woodward]
Mayor Woodward nominated Vinessa Mundorff to an open position on the Youth Advisory Board. The motion passed
unanimously.
b. Presentation, discussion, and possible action to approve Ordinance 2013-19 to approve updates to the City Council
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Rules of Procedure, 1 reading. [Mayor Woodward]
Mayor Woodward asked the City Attorney to consider definitions for “qualified and serving.”
c. City Manager’s Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
2. Update on Public Utilities projects
Carol Reed, Director of Public Works, presented updates on well and TRA projects.
8. PUBLIC COMMENT
There was no public comment.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
Brandon Scott asked about Project Lennon. The City Manager said the names were to meet posting requirements but the project
would not be made public at this time.
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.)
The Mayor announced the Rita B. Huff Bow-Wow Band Jam 2 will be Sunday, April 21 from 2-6 pm at the Jane Monday
Amphitheater behind City Hall. He added that the changing of the flags at Sam Houston’s grave will be on April 21 (the anniversary
of the Battle of San Jacinto), conducted by the SHSU ATO chapter. The Mayor announced the grand opening of Highway 19 on
April 26 at 10 am, with a reception at City Hall to follow. He noted the students participating in the first Youth Leadership Institute
would attend a reception at City Hall on May 7 at 5 pm. The Mayor announced Chick-fil-A LeaderCast at SHSU on May 10 and the
spring football game would be at Pritchett Field on April 18. He said the HEARTS Museum would have a Vietnam Veterans
Walkway dedication on May 11 at 11:30 am. Councilmember Humphrey reminded all of the 24-hour water hotline at 936-294-5700.
11. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, 551.071 and 551.087 –
deliberation regarding economic development negotiation involving project Lennon, and to receive legal advice on
development negotiations and contracts for Project Lennon. [Matt Benoit, City Manager, and Aron Kulhavy, Director
of Community and Economic Development]
The Mayor adjourned the Council into Executive Session at 8:05 p.m.
12. RECONVENE
Take action, if necessary, on items addressed during Executive Session.
Mayor Woodward reconvened the meeting at 8:54 p.m.
13. ADJOURNMENT
Mayor Woodward adjourned the meeting at 8:54 pm.
Respectfully submitted,
Lee Woodward, City Secretary