MIN CC 02/03/2009CITY COUNCIL MEETING of FEBRUARY 3, 2009 BOOK "U" 177
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF FEBRUARY, 2009, IN
THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS
AT 6:OOPM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Melissa Mahaffey, Mac
Woodward, Dalene Zender
COUNCILMEMBERS ABSENT: Clarence Griffin, Lanny Ray
OFFICERS PRESENT: Bill Baine, City Manager; Stephanie Brim, City Secretary; Interim Counsel Leonard Schneider
WORK SESSION [5:20- 5:58pm]
City Council conducted a work session to receive the report on the municipal street lighting audit, as presented by
TriStem, Ltd. Representatives Joe Seeber and Trisha Santiago.
REGULAR SESSION
CALL TO ORDER [6:02pm]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION
Councilmember Barrett led the invocation.
' PUBLIC HEARING [6:03- 6:36pm]
The City Council held a public hearing to consider amendments to Chapter 11, Sign Standards of the City of Huntsville
Development Code, in regards to directional signs.
City Planner Aron Kulhavy presented the major modifications to and answered questions from Councilmembers.
Councilmember Mahaffey stated extreme concern that the P&Z recommendation seemed a footnote to a staff
recommendation, and that there is a real safety issue with having such small signs providing directions.
Councilmembers continued to discuss the issue regarding an appropriate size for directional signs, the need to
recognize volunteer board work, preparing ordinances and other recommendations based on board recommendations,
etc. City Manager Bill Baine reported that the staff will do precisely as P&Z recommends from now on.
Councilmember discussion continued on sign size, placement on property, height, inclusion or not of logo, the
need to make wayfinding easy for visitors as well as residents, and the need for standardization with some
discretionary authority for staff.
Charles Smither. Mr. Smither stated astonishment at having just seen the presentation of the statutory agenda item;
and that he had spent time reading the Development Code and attended all meetings except the EDC meeting, and
read a prepared statement citing that changes must be integrated with the existing Development Code, that only 4 of 7
members of P&Z were present to vote, that P &Z merely voted approval of staff presentation (except for size), that size
and dimension, height, etc. needed to be taken into consideration, that there is a conflict with respect to visibility and
applicability of enforcement throughout the City., that there is a numbering error, and other items that should be
corrected and/or clarified so it does not appear to be a one -time fix for one business.
PUBLIC COMMENTS (regarding agenda items only)
None.
CONSENTAGENDA
a. Accept, approve and adopt the transcript of Huntsville City Council Meeting — Special Session of October 28,
2008 as prepared by Johnny D. West, CSR #542.
b. Authorize the City Manager to purchase various sizes of fire hose from W.S. Darley & Company in an amount
not to exceed $25,095.
C. Authorize the City Manager to execute a one -year contract with two (2) additional one -year options with A & A
Fence Company for chain link fence priced according to linear foot with future price adjustments, plus or minus.
d. Approve Ordinance 2009 -16, amending the fiscal year 2007 -2008 annual budget.
e. Approve Ordinance 2009 -17, amending the fiscal year 2008 -2009 annual budget.
Councilmember Woodward removed from consideration of the total amendments for FY 2008 -09 the
budget specific amendment concerning police clothing allowance. Councilmember Mahaffey requested items A'
and 'e' be removed from the Consent Agenda for further discussion. Councilmember Forbus asked that a copy
CITY COUNCIL MEETING of FEBRUARY 3. 2009 BOOK "U" 178
of the transcript of the October 28, 2008 work session be sent to the County Judge and Commissioners, and to
the landowners.
Councilmember Woodward moved to approve the Consent Agenda with the exception of items 'd' and 'e':
and Councilmember Forbus seconded the motion. The motion passed 7 -0.
d. Approve Ordinance 2009 -16, amending the fiscal year 2007 -2008 annual budget.
e. Approve Ordinance 2009 -17, amending the fiscal year 2008 -2009 annual budget.
Councilmember Mahaffey requested additional clarifying information on the TRA budget amendment [Mr.
Duke explained that it was an accounting entry, a non -cash entry primarily due to depreciation]; insufficient grant
funds received [the SRO program is a large part of this]; on the environmental services contract position [to pay
an interim due to Carol Reed's promotion]; and $10,000 for paver maintenance [these funds are collected from
donations, and held in the City treasury in a separate fund].
The motion passed 7 -0.
STATUTORY AGENDA
a. Presentation, discussion and /or possible action regarding the General Obligation Bonds for the new North East
Fire Station and related equipment, on the first and final reading of Ordinance 2009 -18 authorizing the issuance
of City of Huntsville, Texas, General Obligation Bond Series 2009; providing for the security for and payment of
said bond; prescribing the form of said bond; awarding the sale thereof; authorizing a paying agent/registrar
agreement and an investment and commitment letter; and authorizing other matters relating to the bond.
Mr. Duke presented a short outline of the process: going out for proposals pursuant to budget, bond
counsel's role (preparing documents, etc. for the private placement), contacted 13 institutions, two responses
received, term papers have been drawn up and signed with First National Bank, letting the bond let at $1.85M,
and the required $300K transfer needed from General Fund to cover the down payment.
Councilmember Forbus questioned letting the bond before having a final cost for the fire station [Mr. Duke
responded that yes, it has been prepared by the City Engineer, presented to Finance Committee, has also been
,
adjusted with some savings seen with the private placement].
Councilmember Mahaffey questioned the inclusion of equipment and financing costs [equipment can be
included if specified in the details; also financing costs were reduced with private placement]. Council also
discussed costs of bond counsel, this year's debt payment schedule, and interest payments. Bond Counsel
Jana Hansen reviewed the ordinance and other documents.
Councilmember Cole requested clarification on publication of the proposal requests. Mrs. Hansen
responded that the City did place ads in the local newspaper although it is not required. Discussion continued on
Charter requirements versus State law for issues dealing with public securities.
Councilmember Cole moved to table this item and submit it to the Finance Committee for reconsideration:
motion died for lack of a second.
Interim Counsel Leonard Schneider suggested that the Council could convene an Executive Session to
receive legal advice.
EXECUTIVE SESSION [7:07- 7:25pm]
City Council conducted a closed session as authorized by Texas Government Code, Chapter 551, Section
551.071 — consultation with legal matters, regarding the sale of the GO Bonds, Series 2009.
b. Presentation, discussion and/or possible action on Ordinance 2009 -19, amending Title 32, Community
Development, of the Huntsville, Texas Municipal Code, to include provisions for directional signs. ,
Councilmember Woodward moved to table this item: and Councilmember Forbus seconded the motion.
The motion passed 7 -0.
C. Presentation, discussion and /or possible action on the abandonment of the unnamed ROW in the HISD Addition
Section 1 re -plat.
Essex Village Properties is proposing a second phase to their development on Essex Boulevard. As a
portion of this development and future development, Essex Boulevard will be extended to Martin Luther King
Drive, requiring a dedication of right -of -way ( "ROW "). The dedication of the Essex Boulevard ROW is basically a
CITY COUNCIL MEETING of FEBRUARY 3, 2009 BOOK "U" 179
trade -off for the abandonment of the existing unnamed ROW. The ROW to be abandoned is not developed and
upon abandonment will become part of Lot 1 -R1.
City Planner Aron Kulhavy reported the item was approved by Huntsville Independent School District at last
month's Board meeting and by Planning & Zoning on February 2, 2009,
Councilmember Woodward moved to approve abandonment of the unnamed ROW in the HISD Addition
Section 1 re -plat and Councilmember Mahaffey seconded the motion. The motion passed 7 -0.
d. Presentation, discussion and /or possible action on the Carranza Utility Extension Request for the City's share in
the amount of $2,232.
The sanitary sewer line along Blaylock Street was constructed in the 1950s. The line terminates
approximately 80 feet from the applicant's property because the line serviced all existing lots and the current lot
was a part of the northeastern lot that had service from a line running along Hazel Street. At some point in time
a non - conforming, undevelopable lot was formed. The applicant has now made the lot conforming and is
requesting for a sewer extension to the property to meet the City of Huntsville Development Code standards in
order to develop the property by requesting City participation in one -half of the amount as per the Utility
Extension Policy. The applicant has paid $1,000 and has a pending contract with the City to pay out the
remaining amount.
Councilmember Mahaffey asked if the City typically participates in this manner. City Planner Aron Kulhavy
responded yes, as outlined in the Development Code. Councilmember Woodward clarified that the participation
is up to 50% of the cost for the first 300 feet. Councilmember Zender asked if the Carranzas are planning to tie
into the City's system. Mr. Kulhavy concurred with Councilmember Woodward on the terms, and indicated that
the Carranzas already had half their amount on deposit and were on contract for the remainder.
The motion passed 7 -0.
' e. Presentation, discussion and /or possible action on Ordinance 2009 -20, calling the May 9, 2009 municipal
election for the purpose of electing the Mayor at -large and Ward One, Two, Three and Four Councilmember
positions.
Councilmember Barrett moved to approve Ordinance 2009 -20, calling the May 9. 2009 municipal election
Presentation, discussion and/or possible action on Ordinance 2009 -21, adopting and enacting a new Code of
Ordinances for the City of Huntsville, Texas.
Councilmember Mahaffi
The motion passed 7 -0.
MAYOR/CITY COUNCILMEMBER/CITY MANAGER REPORT
a. Presentation, discussion and /or possible action on setting a date for a joint work session with the Huntsville
Planning and Zoning Commission, requested to be held on Saturday, February 28, 2009.
No action was taken on this item.
b. Presentation, discussion and /or possible action on the revised contract with John Gaines for services as the
Huntsville Municipal Court Judge.
Councilmember Forbus requested clarification to offer the contract, not approve them. Mayor Turner
clarified that this would be the final contract, only requiring signatures. Councilmember Forbus asked if Mr.
Gaines had the opportunity to review the contract; Mayor Turner indicated he made the changes that day with
Assistant City Manager Victor Pena's assistance, but it had not been provided directly to Mr. Gaines.
'
C. Presentation, discussion and /or possible action on the revised contract with Stephanie Brim for services as the
Huntsville City Secretary.
Following a brief discussion that the conditions of this contract were similar to those indicated in item 'b'
above, Mayor Turner withdrew this item from consideration.
d. Presentation, discussion and /or possible action on potential Main Street proposal.
Councilmember Woodward commented on the current Main Street program, and presented some ideas on
expanding the Main Street orders to include the Wynne Home Arts Center on the west side, the Huntsville Unit
on the east side, Oakwood Cemetery on the north side, and the Sam Houston Memorial Museum and other
CITY COUNCIL MEETING of FEBRUARY 3, 2009 BOOK "U"
180
historical parts of the University on the south side, to encompass other types of things in building tourism and
economic development.
Main Street Manager Harold Hutcheson reiterated some of Councilmember Woodward's sentiments and
ideas. Councilmember Barrett stated the concept reminded him of what Europeans call their old town, and
stated that Huntsville should find ways to emphasize that part of the City's character, to include more than just
the Courthouse square, and possibly reconsider the name of the program.
Councilmember Cale questioned the authority limiting the program to the downtown nine square blocks
[due to the original program set up], and requested a work session on obtaining Certified Local Government
status.
Councilmember Woodward also suggested a work session or town hall meeting to receive citizen input.
Councilmember Mahaffey asked if the Main Street program was still part of a grant [no].
The motion passed 7 -0.
e. Presentation, discussion and /or possible action on Transportation Master Plan.
Councilmember Mahaffey commented that the Council had been given a list of transportation items to
prioritize that included 16" Street, which had been taken off the Transportation Master Plan. City Manager Bill
Baine responded that the list had been corrected and resubmitted to Council.
No action was taken on this item.
Presentation, discussion, and possible action on a directive to the City Manager regarding economic
development initiatives, which may include conducting a study leading to subsequent recommendations for
establishing an economic development corporation, creating an industrial park, hiring a director of economic
development, integrating community and environmental objectives, providing workshops for council and
community education, coordination with the strategic plan, and /or other similar matters.
Councilmember Barrett moved. and Councilmember Forbus seconded the following motion (in italics):
To direct the City Manager to develop and present a three -year economic development proposal for the City of
Huntsville, to be presented to the Council no later than April 15, 2009.
The proposal will include economic- development objectives for each year, beginning with significant proposed
initiatives and objectives for fiscal year 2009 -10.
The proposal will take into account the following normative components of a municipal economic development
structure:
• Retaining an experienced, professional economic development director
• The formation of an economic development corporation (4A, 4B, or other — probably 4A or other)
• Creation of an industrial or technology park
The proposal will be cognizant of the following:
• The need for additional base industry in Huntsville
• The need for base industry recruiting targets, goals, and strategies
• The value Huntsville residents place upon its beauty, heritage, environment, and sense of community (See
Attachment A)
• The value of various organizational components of Huntsville and the strength derived from coordinated
efforts of these components in industrial recruitment (See Attachment A)
• The wealth of talent, some currently tapped, some untapped, that exists in Huntsville and can contribute to
this effort
• Budgetary/staff size constraints
Prior to and/or following the April presentation, economic development workshops for council and community
education will be provided. Opportunities for citizen input will also be provided.
Attachment A (A draft example of brochure-type promotion and information.)
CITY OF HUNTSVILLE, TEXAS
CITY PROFILE AND ECONOMIC DEVELOPMENT INFORMATION
Huntsville, Texas is a growing, unique, business - friendly city located in the rolling, wooded hills of East Texas.
Huntsville is located on the interstate corridor between Houston and Dallas and on a major east -west
corridor through East Texas. We are one hour from Bush International Airport and just over an hour from the Port
of Houston. The city is home to Sam Houston State University, a regional university of 16,000 students. It is also
home to the headquarters for the Texas Department of Criminal Justice which, in connection with the university,
makes Huntsville an international center for criminal justice studies.
D
CITY COUNCIL MEETING of FEBRUARY 3, 2009 BOOK "U"
181
Huntsville life is characterized by excellent schools, lively sports, music, arts, fairs, rodeos, folk festivals,
and businesses where the owners know your name. Huntsville is also a city of heroes and champions, from
General Sam Houston, our favorite son, to Joe Beaver, world calf -roping champion to B61a KSrolyi, whose
gymnastics training center is nestled in an adjacent national forest.
The city is pro-active in its economic development and seeks to partner with business entities in ways that
are mutually beneficial to the business, its employees, and the citizens of Huntsville.
Commensurate with these goals, the following values are important ones in giving consideration to
business proposals for city financial participation:
New Dollars: To what extent does the proposal represent economic growth (e.g. through a base industry,
tourism, retail retention) vs. competition for existing local dollars?
Quality. Does the proposal represent a quality of employment, corporate identity, and community
enhancement that corresponds to the standards and character of the city?
Environment: Huntsville is blessed with environmental beauty. Its citizens value their wooded, green
environment and desire that corporate citizens utilize and harmonize with the environment in their structures and
operations.
History: Huntsville is a cradle of Texas history and its citizens are aware of the city's heritage. The city
expends considerable expense and effort to promote Huntsville's heritage and is especially attracted to corporate
partners who are also able to find creative ways to integrate the city's historical identity into their operations and
promotions.
Synergy.., The city and its resident entities, such as Sam Houston State University, Huntsville ISD, and the
business community, are always interested in exploring ways to combine efforts in order to effect mutually -
beneficial outcomes. In addition, the City of Huntsville and Walker County work closely together in many
coordinated, shared efforts.
Quid pro quo: In simple terms, there must be clear economic benefit to the City of Huntsville in order for it
to participate in economic development proposals.
' Huntsville's quality of life, strategic location, educational resources, and economic health make it an ideal
home for many industries and businesses who seek a quality location to live and work.
As you seek the right place to invest your business dollars, we thank you for considering Huntsville and
hope that you will find, as we have, that Huntsville, Texas is a great place to be.
Councilmember Forbus agreed that more base industry is needed and suggested a work session would be
helpful in giving the City Manager some direction. Councilmember Mahaffey requested a work session before
voting on this item.
Councilmember Mahaffey moved to table this item: and Mayor Turner seconded the motion. The motion to
table Passed 5 -2 with Councilmembers Barrett and Woodward voting against.
g. City Manager Bill Baine reported on status of the use of Hotel Occupancy Tax funds in funding the Wynne
Home, separating out the WHAC and Arts programs budgets, reviewing the financial statements of both areas,
and creating a funding method that meets statutory requirements.
h. The item originally scheduled to be discussed in Executive Session regarding the vacation accrual for City
Manager Bill Baine will be taken up at the next meeting.
PUBLIC COMMENTS (open)
Brian Woodward. Mr. Woodward stated disappointment with the staff negotiating bond rates and conditions without
notifying the public, and that the Council is not more upset with staff.
ADJOURNMENT (8:24pm]
Mayor Turner adjourned the meeting.
11
Step a 'e A. Brim, City Secretary