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MIN CC 09/15/2009 Reg. SessionCITY COUNCIL MEETING of September 15, 2009 BOOK "U" LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00PM. The uncil met in a regular session with the following: COU CILMEMBERS PRESENT: J. Turner, Tom Cole, Charles Forbus, Melissa Mahaffey, Lanny Ray, Mac Woodward, Jack Wag on, Wayne Barrett and Dalene Zander OFFI ERS PRESENT: Bill Baine, City Manager; Lee Woodward, City Secretary, Leonard Schneider, City Attorney SESSION` [6:OOpm] 1 I CALL TO ORDER Mayor Turner called the meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state under God, one and indivisible. 3. 11 INVOCATION Councilmember Barrett led the invocation. 4. PUBLIC COMMENTS a. John Kerr Smither spoke in support of Agenda Item 7e, and read a letter from and signed by approximately seventy local business owners and citizens, which he had previously submitted to be included in the agenda packet. Mr. Smither focused on the manner in which the entertainment and tourism value of Huntsville might be ' enhanced by adopting extended hours for the sale of alcoholic beverages. b. Dr. Roseanne Keathley, Professor of Health at Sam Houston State University (SHSU), and Coordinator of the University's Drug Abuse and Alcohol Initiative spoke in support of Agenda Item 7e, discussing ways in which risky behaviors such as driving at night and /or under the influence of alcohol could be reduced if students are not enticed by extended hours in communities some distance from Huntsville. She elaborated on the University's programming to help students make wise decisions concerning drug and alcohol use. Councilmember Mahaffey asked if Dr. Keathley was authorized to address the University's position on Agenda Item 7e, and if she was, would she please express it. Dr. Keathley said she would permit the City Secretary to read the letter from the President of the University, Dr. Gaertner, which had been previously received and distributed to the Council member's seats shortly before the meeting. The Mayor asked Councilmember Mahaffey if she would mind having the letter read when the Item was taken up in due course. Councilmember Mahaffey asked if Dr. Gaertner had intended it to be read as a public comment, and Councilmember Zander confirmed that she had asked the City Secretary to read the letter as a public comment. The City Secretary then read the letter, which was in support of Agenda Item 7e, for reasons such as those explained by Dr. Keathley. c. Delora King said that her granddaughter in the Sam Houston State University band, and related that students she had spoken with had told her that they took the car keys of friends whom they went out with, once those friends started drinking alcohol. She was pleased to know of students such as these in our community. Mrs. King then went on to say that the main reason she wanted to speak was to thank the City Council, the Mayor, their supporters, and the City Staff, for cleaning the City. She said she had recently had a visitor who had not been to Huntsville in some time, and she took great pride in noticing how clean the town was. Mrs. King thanked the Council for directing attention back to our town. d. Janice Adams spoke in opposition to Agenda Item 7e, stating that students were not the only ones who drank alcohol and that she was not sure it would be wise to create an additional two hours of the opportunity to do so. ' She cited Branson, Missouri as a community that was an entertainment destination, and also pointed to the number of arrests in the Huntsville Item over the weekend. She also stated concern about drug and alcohol use, and that members of her family had been in serious accidents. 276 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" among students was a reality independent of the hours of sale of alcoholic beverages, but that the answer wa: teach responsibility, not to limit the hours. He said he believes students do travel out of town due to the attract of extended hours, and he hoped this would increase safety. He also said he has been working with Dr. Keath to establish a way for students who had been drinking locally to be picked up and driven home safely. 5. CONSENT AGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for discussion by request of a member of Council.) a. Approve the minutes from the City Council meeting held on September 1, 2009. [Lee Woodward, Secretary] b. Adoption of Ordinance 2009 -55, amending the Official Zoning Map of the City of Huntsville, Texas. [A Kulhavy, City Planner] c. Adoption of Ordinance 2009 -58 for speed zones on State Highway 30 within the City Limits of Huntsvi [A. Kulhavy] Councilmember Forbus pointed out a double negative in the second paragraph of page 3 of the September 1, minutes to be corrected. The motion to approved Consent Agenda Items A and C passed unanimously. Councilmember Ray made a motion to approve Item B. Councilmember Wagamon seconded the motion. Councilmember Ray said he would like to see the zoning map before voting. Aron Kulhavy, City Planner, said e Ju map had been previously presented, and stated that this item had come up when the rezoning was done in 09 e, 2009 for First State Bank. Planner Kulhavy said it had been found that the rezoning addressed by Ordinance 2009 5 had been left off the previous approval, and confirmed for Councilmember Ray that that was the only change be g considered by this item.'I The Mayor asked where someone would go to see a copy of the Official Zoning Map of the City. Planner Kr replied that there was a copy at the City Service Center, and that there were other copies at various locations in He said he believed there was one in the City Secretary's office, and that his office did update the County C office. The Mayor asked Planner Kulhavy to verify that it was on file at the County Clerk's Office. The Mayor asked how updates were done, and if previous maps were kept. Planner Kulhavy said that the Off Zoning Map was a large Mylar copy upon which his office drew in the changes and made amendments along bottom of the map, thereby amending the originally adopted map and then notifying other entities as required by Development Code. Mayor Turner felt there was a concern because a map had previously appeared in relation to Comprehensive Plan, saying it had been approved by Council when in fact it had not been. The Mayor reiterated request for verification, and Planner Kulhavy said he would take care of it the day following the meeting. Councilmember Mahaffey read Section 2 of Ordinance 2009 -55, stating that a new Official Zoning Map would ref the old zoning map which had become obsolete, and asked if this would be the map specified. She also saic would be more comfortable seeing the map. The Mayor asked if she wished to table the matter. Planner Kulhavy he would be happy to have the map present at the next meeting. Councilmember Mahaffey made a motion to table. Councilmember Ray seconded the motion. The motion passed unanimously. 6. II STATUTORYAGENDA a. Presentation, discussion, and possible action regarding adoption of Ordinance 2009 -56, annexi g ' territory to the City of Huntsville, Walker County, Texas and extending the boundary limits of said City o as to include said hereinafter described property within said city limits, and granting to all the inhabita s of said property all the rights and privileges of other citizens commonly known as 10.649 acres situali d in the Pleasant Gray League, Abs. No. 24, in Walker County, Texas, as recorded in Volume 813, page 3 of the Official Records of Walker County, Texas. [A. Kulhavy] 277 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" Councilmember Ray made a motion to approve the Ordinance. Councilmember Woodward seconded the motion. Councilmember Mahaffey pointed out that attachments on the Agenda Item Cover Sheet had not been submitted for the Agenda packet, but were placed on the dais before the meeting. The Mayor asked if Planner Kulhavy would be answering on behalf of the owner, and Planner Kulhavy presented Dale Browne, the project engineer and a representative of the owner. The Mayor stated his concern was that the subdivision was set up as townhome lots for single family detached houses, and asked if it was the intention of the project to continue with townhome lots for the area under question for annexation. Mr. Browne said the current proposal was for row house lot standards as laid out in the Huntsville Development Code. The Mayor said he was voicing concern for two reasons. Firstly, that using townhome lots to build other than townhomes seemed a bit odd. Secondly, he said that perhaps the City wasn't following its own development standards because it says that the development of townhomes has a limit to the number of homes in succession without an open space. The Mayor went on to say that he could not support allowing townhome lots for single family detached houses that does not at least respect the open space requirements for townhomes, and asked if Mr. Browne could convey that to his client. Mr. Browne said that the development was not at that stage yet, that they were only asking for annexation at this time. The Mayor said he understood that, but required for him to view annexation favorably would be the understanding that the owner would commit to not repeating the behavior. Mr. Browne said all he could relay was that they would comply with the Development Code as they had in the past, and that they had been in compliance with what they had been told by City Staff. NW-1 The Mayor asked if Mr. Browne could explain why they did not respect the portion of the Code that limited the number of row houses to be built. Mr. Browne reiterated that the City Staff in place at the time the first section was built told them that they were in compliance. Councilmember Mahaffey asked Mr. Browne if they had requested and received a variance from the Planning and Zoning Commission (P & Z) for the first portion of their development. Mr. Browne said that, to his knowledge, ' they did not request variances, as they were told they were in compliance. Councilmember Mahaffey asked with whom they had worked, and Mr. Browne said it was Stan Hamrick. Councilmember Cole asked Mr. Browne if annexation was required to advance their project and why they wanted to annex now. Mr. Browne said it was not absolutely necessary, but that he thought it would benefit the residents who would live there, and that it would benefit the City. Mr. Browne also said he believed City water and sewer were already there and the City was required to serve it because it was in the City's CCNs. Mr. Browne thought the additional service that would be provided would be solid waste pickup, and that annexation would benefit the City through added tax revenue. He went on to say that the completed portion of the subdivision had a lot of open space /common area and that he had heard many compliments on the development within the community. He pointed out that it is for first -time homebuyers, something he felt was needed, and that the builders say they are selling homes as quickly as they can build them. Councilmember Cole agreed he thought it was a nice subdivision, but that the Mayor had a good point about the variance and the lot size. City Manager Baine said he did not believe there would be any more variances, and asked Planner Kulhavy to corroborate that. Planner Kulhavy said he could not comment on that as the final plat had not been submitted. City Manager Baine said it was not his intention that Planner Kulhavy not grant a variance unless the row house restrictions were met, but that he did not intend to approve any other variances, that they would have to meet the requirements in the Code. The Mayor asked Planner Kulhavy how he envisioned a row house. Planner Kulhavy said row house development had been new to him when he came to Huntsville. He went on to say there is a row house lot standard which addresses the size and density of lots, and that there is also row house construction for units built, each with different standards. Planner Kulhavy said he believed that he felt that Staff and the developer could move forward in compliance with the Development Code. The Mayor said his primary concern was that if someone else wanted to develop single family housing, they would be told that the lots sizes in question would be too small, but that this developer then did not limit the ' number of consecutive homes built. Planner Kulhavy said the point was duly noted and that he would work with the developer to ensure that the Code requirements were met. The Mayor asked if he was to understand if he could feel comfortable voting for the annexation in question because Planner Kulhavy was going to ensure that this sort of situation would not occur again. Planner Kulhavy answered affirmatively. NW-1 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" subdivision plat already fled with the City. Planner Kulhavy said it was Section 1 of Brookview Subdi) Attorney Schneider asked if that section was completed, and Planner Kulhavy replied that the section had final platted and is under construction. Attorney Schneider then asked if any future new sections would have to be done without any variance unl such variance was requested of the City Council. Planner Kulhavy responded that if a variance was requeste a new section, it would be requested and approved by the Planning and Zoning Commission, and also that preliminary plat for this development had been approved and that he expected final plat review once submitted, but that nothing had been submitted as of that date. Attorney Schneider also asked if any fu construction in the subdivision will be subject to the current Code. and Planner Kulhavy said that was so would be the case whether the property was annexed or not. The Mayor said he felt there was a nuance between construction and being platted, because the lots had bi platted but construction was not completed. Councilmember Wagamon asked Planner Kulhavy if he could t back the clock to when the platting and construction was proposed, i.e. patio homes on row house lots, did believe that what had now been built complied with the City's Code. Planner Kulhavy said that he did believe so, although he would have handled it differently to avoid some of confusion which had arisen. Councilmember Wagamon asked the Planner, regardless of annexation, what we prevent the developer from coming to the P & Z with a proposition for a patio home on a row house lot and gt through the application process without accepting a variance, and wanting to do the same thing, what would them. Planner Kulhavy said there was nothing in the Development Code to stop them from going forward whether e annexation was approved or not. Councilmember Wagamon asked if Planner Kulhavy's recommendation fr m staff be for approval if the developer were to come to P & Z again to ask for a patio home on a row house 10. Planner Kulhavy said he couldn't comment on that because he hadn't seen an application for the next phas of development. He further said that he was only speaking about capital improvements to a property, not the act al , structures on the lot. Councilmember Wagamon said he thought perhaps they were straying from the issue of annexation, and the f ty Attorney agreed if they got into more detailed discussion such as platting and application procedures, unlike e Mayor's initial questions which were more pertinent to the issue of annexation. The Mayor asked Planner Kulhavy why he did not think the issue of consecutive units applied in this scem Planner Kulhavy said it would apply in the construction of units, but not in the platting of the subdivision, and it was a confusing clarification. Councilmember Wagamon said there was not language in the Development Code slated the way Plat Kulhavy just had, and asked if that could leave room to interpret that a home type and lot type should matc name, i.e. a patio home on patio lot. Planner Kulhavy agreed. Councilmember Wagamon stated that Development Code allowed P & Z to liberally interpret the Development Code, unbound by prior approved phe of a development. Councilmember Mahaffey said she was concerned about past loopholes in the Development Code that had, an example, sometimes been used to allow developers to not build sidewalks. She was further concert because the area was currently a rural area, not in the Avenues, where such small lots were not appropriate, t could be damaging psychologically due to population density. Councilmember Wagamon acknowledged that they were discussing annexation, but wondered if it would possible for Council to issue a Resolution prior to the next P & Z meeting to address their concerns, and , affirmed by the City Attorney that they could do so. Attorney Schneider then went on to say the Council wr have to decide whether the annexation was of benefit to the City and that it was a policy decision at this poi detached houses. Attorney Schneider expressed concerned about the legality of such conditions. The Mayor offered to withdr iw I his amendment. Attorney Schneider said that if the Council was concerned about what would be built, they could defer annexat n until the plans were submitted. Planner Kulhavy mentioned there was a time constraint, which Attorr By Schneider confirmed as ninety days. Attorney Schneider went on to say that the developer could repetition to e 279 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" the discussion was really about the width of the lot, and the Mayor concurred that the issue was either lot size or a limit to the number of consecutive homes built. City Manager Baine then said that he had been to some of the P & Z meetings and that the owners had not wanted an ex post facto ruling to approve the plat, but that was not what was at question at the moment. He further said that he had no intention of approving a plat or having Planner Kulhavy approve a plat that did not meet Code, and that he did not think one similar to Phase 1 would. The Mayor said he felt that would the crux of the issue, that Planner Kulhavy thought it did meet Code, but that there was skepticism by the Council members. Councilmember Mahaffey referred to the Service Plan mentioned on the Agenda Item Cover Sheet, that it had not been submitted for the Agenda packet and was first seen by the Council at the meeting. She said she was concerned by the wording that there were not expected additional costs to the City. Planner Kulhavy replied that this was in reference to the annexation and the land now being vacant, but that were it developed there would be costs to the City. Councilmember Mahaffey said it seemed unintentionally confusing. Attorney Schneider said he did agree the service plan could sound confusing, but that it was of a form that was consistently used for annexation. Attorney Schneider did reiterate that the owner could come back later to repetition for annexation, although they would have costs associated with that, and that it was still a policy decision for the Council as to whether annexation was beneficial for the City. The Mayor then asked if it would be considered consistent with the Development Code for someone to plat row house lots and then place manufactured homes on them. Planner Kulhavy said it would be. Councilmember Forbus asked if there would be a problem with tabling the issue until the owner came back with a hard copy of the development plan. City Manager Baine responded that that was not the process for annexation, and that approximately 43 -45% of the citizens live in trailer houses, and many others live in apartments and the discussion was over the width of the lots. City Manager Baine then went on to say that if a developer was willing to build the infrastructure, the City probably owed them to approve an annexation, and also that the Council could meet in the future to attempt to correct the P & Z interpretation of the Development Code. The Mayor suggested to Planner Kulhavy that he would support the annexation if Planner Kulhavy, in his role as City Planner, worked to amend the Code so that there would be a designation to fit the problem of having lot types and home product types that don't match, in order to improve clarity. Planner Kulhavy said he and the Staff would appreciate that. Attorney Schneider suggested that the Council go into Executive Session with Planner Kulhavy to discuss alternatives. Councilmember Ray left the room during discussion and was not present Ray was out of the room and did not vote.) b. Presentation, discussion, and /or possible action to adopt Ordinance 200957 regarding parking in or on City Parks, or property that Parks and Recreation is responsible for within the City of Huntsville, Texas. [Matt Lumpkin, Director of Community Services] Councilmember Mahaffey made a motion to approve the amended Ordinance. Charles Forbus seconded the motion. ' Councilmember Mahaffey asked if the item in the Ordinance was not already in place. Matt Lumpkins, Director of Community Services, said the signs were in place, but that the Ordinance was required for enforcement, which was then confirmed by City Manager Baine. Councilmember Woodward asked if Parks and Recreation had discussed this previously, and was told a similar version was approved last year, but the former City Attorney had not completed it. The City Secretary pointed out a change in wording near the end of Section 1, which the City Attorney stated was to clarify that a section was 280 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) c. Presentation, discussion, and /or possible action to authorize City Manager to enter into the Engi Contract with McClure & Brown EngineeringlSumeying, Inc. for the state park sewer line. [Tom Planning and Development Division Head] was seconded by Councilmember Zander. Councilmember Cole asked if this contract went out for bid. The Mayor said that professional services do n out for bid, and that it was a contract for which the City's expenses would be reimbursed. Councilmember asked if the engineering firm was chosen by committee and the Mayor responded that it was a recommendation. Councilmember Mahaffey asked if the City Attorney had reviewed the contract and felt comfortable with it, the City Attorney replied affirmatively to both questions. The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) 7. II MAYOR/CITY COUNCILICITY MANAGER a. Presentation, discussion and/or possible action on Ordinance 2009 -53, adopting the Fiscal Year 2010 Annual Budget. [Winston Duke, Director of Finance] The Mayor made a motion to approve Ordinance 2009 -53 The motion was seconded by Melissa Mahaffey.' I Councilmember Wagamon effusively thanked Winston Duke, Director of Finance, for his extensive time and ef+�rt to prepare the budget. Councilmember Woodward added his thanks and asked that the Finance Department also be lauded for work with Director Duke. Councilmember Forbus added the thanks of the Hotel Occupancy Tax (HOT) Board, and their appreciati( Director Duke. The Mayor added thanks to the overall effort of the entire City Staff, and also thanked the Council as well, that he was proud to serve with such dedicated people. The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) Councilmember Forbus asked if this vote was for the tax rate, and the Mayor said it was a vote for clarifica part of passing the budget. City Attorney Schneider said it was required by the Texas Local Government C Councilmember Woodward pointed out that it did not appear on the agenda, and City Attorney Schneider was part of the budget adoption agenda item. Councilmember Barrett clarified that this vote is to recognize an increase in property tax revenue from ad( properties or increase in value, not from an increase in tax rate, and this was confirmed by Director Duke. The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) b. Presentation, discussion and /or possible action on Ordinance 2009 -54, adopting the Fiscal Year 20- I 2010 tax rates. [Winston Duke, Director of Finance] The Mayor made a motion to adopt the 2009 tax rate for the General Fund M & O in the amount of $0 2249 r The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) 281 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) c. Discussion and possible action on new appointments and reappointments to various Boards S Commissions of the City of Huntsville. [Mayor Turner] The Mavor moved that the list be approved. Councilmember Woodward seconded the motion. Councilmember Mahaffey reminded the Council to view the updated list placed on the dais that day. The Mayor said there were still some positions not filled, but that this list composed the bulk of the appointments to be made. Councilmember Woodward noted that most of the list was reappointments, which he fell provided an important consistency, alongside the involvement of new members. The motion passed unanimously. (Councilmember Ray was out of the room and did not vote.) d. Discussion and possible action on recommendation by the Hotel Occupancy Tax Board for funding request by the H.E.A.R.T.S. Veteran Museum of Texas. [Councilmember Forbus] Councilmember Forbus presented the application, noting that the recommendation was for a $12,000 grant, in even quarterly disbursements. He also stated this was just the start of the new usage for HOT funds, encouraging organizations to bring applications and saying that he hoped this funding will help the local economy and support local tourism. Councilmember Ray returned to the dais during the discussion. Councilmember Forbus made a motion to approve the grant for $12,000 for the H.E.A.R.T.S. Museum, ' Councilmember Mahaffey seconded the motion. Councilmember Mahaffey noted that the original application was for $20,000, and Councilmember Forbus relayed that the HOT Board had chosen to offer $12,000, disbursed quarterly for one year. Councilmember Wagamon asked if there was a process to forward applications to the Texas Comptroller's Office to review them. Councilmember Forbus said that was fine, but City Manager Baine said they had not planned to, that the HOT Board itself was fairly conservative. Councilmember Forbus confirmed that the City Manager and Director Duke would initially screen applications before they came to the HOT Board. Councilmember Wagamon said he felt that was adequate. Councilmember Mahaffey said she would like to see marketing plans to accompany applications. Councilmember Forbus replied that the application had been for a three year period and the HOT Board had chosen to initially fund only the first year, that this is a new and ongoing process and that they would by analyzing results and measuring performance on a quarterly basis. City Manager Baine said he would be reviewing the form as it continues to be improved and is working with Kimm Thomas, Director of Tourism and Cultural Arts to do so. Councilmember Mahaffey asked if there was a representative of the H.E.A.R.T.S. Museum present, but there did not appear to be. Councilmember Forbus mentioned the City would need to develop a contract to use with fund recipients. The motion passed unanimously. e. Discussion of Ordinance 2009 -59 adopting extended hours for the sale of alcoholic beverages pursuant to Texas Alcoholic Beverage Code Section 105.03, which would allow alcoholic beverage permit holders to obtain a late hours permit to sell alcoholic beverages, beer and wine between midnight and 2 am on any day. [Councilmember Zander and Councilmember Forbus] Councilmember Zander wanted to thank Mr. Smither, Dr. Keathley and the other citizens who came to speak. She said she had been receiving citizen input in support of extending hours since she had become a councilmember. Councilmember Zander also said that about two years ago, she and Councilmember Woodward had held a workshop on the issue, and that citizens, the University and then - Police Chief Sanders had spoken to the Council, but that the issue had not progressed. She stated that her intention was to discuss the item and then have it on the next Council Agenda for possible action, that she hoped to get input from the Council and the 282 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" Councilmember Woodward said he would like to see statistical information from other communities who hoe made the extension being considered. Police Chief Barrow said Nacogdoches has not elected to go forward ith the extension, and that Texas State and San Marcos have had the extended hours since January and do of have any statistics. The Chief is waiting for feedback from the Chief in San Marcos for possible statistics. The Chief went on to say that he has not had an opportunity to meet with Winston Duke, Director of Finana to discuss a possible positive financial impact for the City, but also pointed out that when discussing stud nt drinking, only a small portion of the student body was of legal drinking age. He also said he would work diligei tly with any mass transit option that may be developed, and that he and the Police Department would support he Council's decision on the issue completely. The Chief predicted a significant increase in call load for the additional two hours being considered. He said I iat Juarez, Mexico experienced a reduction of 89% in intoxicated students coming back into El Paso by chang g their hours from 5 am to 3 am. He said Champagne /Urbana, Illinois, a change from 1 am to 2 am around w let they call "Campus Town" resulted in a significant increase in crime and violent crime in that area only. The Chief said he would work with restaurant and bar owners to provide additional security for vehicles eft overnight if a system was developed to give rides to intoxicated drivers. He mentioned fold -up scooters use< in London, England to get sober drivers to needed locations. He offered to prepare more information for the n xt meeting. Councilmember Mahaffey pointed out that students go to homes or apartments to "party' after hours, and that e local police do a good job with the nuisance violations. She also mentioned that underage drinking might be more prevalent in residences as there is no one to check identification, and that young people are not necessarily ready to go to bed at 1 am, and this does cause difficulty in neighborhood settings. Councilmember Forbus mentioned that at midnight many businesses close locally, and kids get on the road to continue partying. He said that perhaps some of that could be alleviated by being open locally as long as plades ' are out of town. Chief Barrow said he could find no statistics to support the idea that kids are leaving town, E nd furthermore, that many of the businesses are still open as a place to socialize, even though they cannot sell alcohol. II Councilmember Barrett said he understands there are well meaning people on both sides of the issue, but fail d to see how this would contribute to students' safety and well- being, or be in the best interest of the citizens. e expressed concern that much of the discussion was about hospitality, socializing or keeping businesses op n, activities which are not illegal, rather than the ordinance wording which is in part "the Sale of Alcoh lic Beverages." Councilmember Barrett commended Drs. Gaertner and Keathley and SHSU for the alcohol abuse and awaren s initiatives, and stated that the need for such work is that alcohol and substance abuse is a terrible problem in many universities including SHSU. He acknowledged that there is great concern for the welfare of the studet ts, and that he didn't feel that extending the hours sent the right message to those students. Councilmember Bar tt said the reason to extend drinking hours is to provide more opportunity to drink, as he did not believe a fr h crowd of customers would arrive from midnight to two a.m. He repeated that he could not see this wo ild contribute to students' safety and well- being, or be in the best interest of the citizens of Huntsville. Councilmember Barrett also said he was sure that although some students might travel to Conroe after hour it was equally likely that some go home, that surely not every student left town at midnight every night. e continued by saying, although he said he did not intend it to sound heartless or unkind, that those who chos to do drive intoxicated were committing a crime, and endangering the lives of themselves and other. He fu rt er stated that it was a very serious crime, and, presumably, students who would choose to do so, those sa ie students would still drive home intoxicated, and he could see no gain there. Councilmember Barrett said he thought it better to discourage driving under the influence than what he saw 3s rather tortured reasoning for extending the hours. He said he did understand that for many people this might De something they would enjoy on a rare occasion, and that it could provide extra income for business owners, ut that there were reasons that the sale of alcohol is a regulated business. He again expressed concern for ie safety of students and the streets of Huntsville, and felt that students who would go home to party after midni ht could do the same after two a.m. Councilmember Mahaffey asked what the current drinking hours are and Chief Barrow said they were it it midnight every night except Saturday, which was one a.m. Councilmember Mahaffey asked for clarification any change, because of state law, would have to be to two a.m., that an extension to one a.m. every night s 283 CITY COUNCIL MEETING of September 15, 2009 BOOK "U" Chief Barrow said that the change would also allow public consumption would also be extended by this ordinance. Councilmember Ray said that he also had been hearing from citizens on this issue since he took office, and that he understood it could be a heated issue. He said the pros included increased revenue in sales tax, and that he expected it would encourage the opening of other venues, without much cost to the City. He said his experience in his law business showed more than anecdotal evidence that students and others leave town, and that it plays into students leaving entirely on the weekends, because of the perception that Huntsville has nothing to offer after midnight. He said he has also been convinced over the years that it is a safety issue to have fewer students and others attempting to leave town under the influence because of Huntsville's hours of sale. Councilmember Ray said he would think about the issue more, but that the Ordinance could be re- titled "Reducing Government Intrusion into the Free Market Sale of Alcoholic Beverages," and that this sort of timed restriction of business is not visited on his profession, or that of the Mayor, or Councilmember Zander. He also said that they should not prohibit a business in this way absent a really good reason, and that it was really a small number of hours. Councilmember Cole said he felt that a good law should teach right action, and the law tells everyone that twelve o'clock is a good time to cut things off and get ready for the next day. He also said that his knowledge of alcohol oxidation in the body also indicates that midnight is much better than two a.m. and that he intends to oppose the Ordinance. f. City Manager's Report 1. Revised Recycling Pilot Timeline City Manager Baine said he intends to buy the carts and begin the program in January. 2. Update on Grant Activity Calendar City Manger Baine said Dr. McKibben is working on Highway 19 grant. Councilmember Woodward asked about the dates for the drainage grant. City Manager Baine said he thought the grant verification may come up in four or five weeks. Dr. McKibben confirmed that the August 1, 2009 date was that she had been informed that the state was recommending the application to FEMA on Huntsville's behalf. 3. Old Colony Road Councilmember Wagamon mentioned that this was the sewer project for underserved residents in the Old Colony area. 8. II EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government code, Chapter 551, Section 551.074 - personnel matters regarding the annual evaluation of City Manager Bill Bare. The Mayor said that the Council was not planning to come back from Executive Session to take any action. With no additional action, Mayor Turner informally adjourned the regular meeting. The Council entered Executive Session at 7:47 p.m. 9. II RECONVENE Take action, if necessary, on the item 9a addressed during Executive Session. The Council reconvened at 8:41 p.m., but took no further action. ' 10. ADJOURNMENT 18:41 p.m.] The meeting was adjourned at 8:41 p.m. 01-VI CITY CCJJNCIL MEVRNG of Septemge 5, 2009 BOOK "U"