MIN CC 01/19/2010CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM.
Council met in a regular session with the following:
INCILMEMBERS PRESENT: J. Turner, Tom Cole, Mac Woodward, Jack Wagamon, Wayne Barrett, Dalene
ssa Mahaffey, Charles Forbus, Lanny Ray
INCILMEMBERS ABSENT: None
PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary
SESSION [5:30PM] (Councilmember Ray arrived at 5:52pm)
Council will discuss first six roads on the priority list. [Bill Baine, City Manager]
The Mayor called the meeting to order at 5:30pm. City Manager Bill Baine presented the priority list items to be
(below).
PROJECT
25th Street (1 -45 to Sycamore)
1 -45 North /75 North /1791 Interchange
FM1374 widening to urban arterial (1 -45 to Darrell White Road)
Powell Road (1 -45 to Sam Houston Avenue)
Powell Road overpass to Veterans Memorial
Avenue M (1 -45 to Josey) improvements
He said that item 2 was a major problem and that it was his understanding that TxDOT was working on the underpas at
that location. Mr. Baine also encouraged the Council to have priorities when they came to discussing funds other t4on
City money. Mr. Baine further said the City had been working on gaining right -of -way on FM 1374 for a number of ye
and would then need assistance from the state.
Councilmember Wagamon asked if there was a circulation issue at Powell Road around the Ford dealership, that no Oe
had to go down there, and Mr. Baine responded it would be nice to have an overpass there for the eventual circulation of
the City, to be able to turn around without having to go down to Goree.
Councilmember Mahaffey asked if she should leave in respect to her conflict of interest on 251" Street, but it was
she was entitled to hear the information, and that no action would be taken in the workshop. Councilmember t,
said she would not be asking questions on that item.
Councilmember Forbus asked if there were grant opportunities for these items, and whether the projects could be
down into incremental portions that were affordable.
The Mayor said he felt they were looking at two layers of projects; those that essentially were going to be TxDOT
and needed to be prioritized by the City, and those within the City. He said it would be a policy decision to
whether to spend money on creating new roads versus repairing existing roads.
The City Manager responded to Councilmember Forbus' question about grants by saying his experience was that tF
was roughly a requirement of three businesses for economic development assistance from the federal government,
that he was interested in pursuing this. He said that would often be on the west side of town or on Highway 19. Mr. Bi
said another avenue was working together with other local entities, as was done recently [on the Highway
improvements]. He said creative thinking in order to improve services for the citizens was important.
L J
Councilmember Barrett said they had yet to see the results of the anticipated removal of the on -ramp by Burger King, d
that there were possibilities on Montgomery Road and Highway 19. He said the City should think about discourag g I
through traffic and trying to protect the quality of life in neighborhoods like the Avenues that may end up with more *-
through traffic. He said if they did not intentionally discourage it, they would end up with a swarm of cars through th e
neighborhoods, and was very disinclined to permit cut - throughs there.
Councilmember Wagamon concurred with Councilmember Barrett and the City Manager that losing the on -ramp at Bur r
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CITY COUNCIL MEETING of January 19, 2010
BOOK "U"
ouncilmember Forbus said he would encourage economic development on any side of town. The City Manager said
My should not lose sight of a circulation road parallel to the interstate feeders. Dr. Cole said that FM2821 to FM1791
roject should be last on the list, as it was an ecological disaster. He also said commerce depended on traffic being
lowed, and agreed with Councilmember Barrett's view of controlling neighborhood traffic.
ouncilmember Mahaffey said the City needed to balance road maintenance with new construction, and agreed with
ouncilmember Forbus on looking for smaller pieces of projects that could be done. The City Manager said he would like
e Council to think about the 1- 4511-lighway 75 interchange and whether it would be a priority of the Council. The Mayor
aid he also thought it was important that the City have a priority in case money was available from TxDOT.
ouncilmember Woodward asked that the Council consider major problems while prioritizing. He said if it was a break-
. van on maintenance, then building roads would put them further behind.
he meeting adjourned at 5:56pm.
REG AR SESSION" [6:OOPM]
1 CALL TO ORDER
Mayor Turner called the meeting to order at 6:OOpm.
2 PLEDGES OF ALLEGIANCE
3 INVOCATION
Councilmember Barrett gave the invocation.
4 PUBLIC COMMENT
' Bennie Rush spoke in opposition to proposed Ordinance 2010 -20, in support of his client D &S Entertainment and
Darrell Tarvin, the owner of Shenanigan's. He said the change is due to a perceived safety issue, but that the facility
is in line with the City and International Building Codes, and that he has voluntarily made concessions for the City.
Charlie Rushing spoke in opposition to proposed Ordinance 2010 -20 on behalf of his business, Magnolia Lake Special
Events Center. He asked that Magnolia Lake not be considered as a beer joint or a nightclub in reference to this
ordinance.
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 meeting held on January 5, 2009. [Lee Woodward, City
Secretary]
b. Authorize the amendment of the adopted Fee Schedule for FY09 -10 to include the permit fee for late
hours of $150 per permit, corrected from $289 per permit previously approved. [Lee Woodward, City
Secretary]
c. Discussion and possible action to continue to resist rate increase through a coalition of cities in
opposition to a rate change increase request by Entergy, by adoption of Suspension Ordinance,
Ordinance 2010 -18, 2 "d reading. [Bill Baine, City Manager]
d. Authorize Resolution 2010 -17 to join coalition of cities to resist Entergy rate change increase request.
[Leonard Schneider, City Attorney]
e. Authorize the City Manager to apply for and accept, if awarded, the Texas Parks and Wildlife grant to
assist in creating a linear park along Town Creek, 2 "d reading. [Dr. Sherry McKibben, Community
Development Specialist]
f. Authorize the City Manager to apply for and accept, if awarded, the Texas Parks and Wildlife Community
Outdoor Outreach Program (COOP). [Dr. Sherry McKibben, Community Development Specialist]
g. Authorize the City Manager to apply for and accept, if awarded, Texas Department of Rural Affairs (TDRA)
' Community Development Block Grant, Renewable Energy Demonstration Pilot Program. [Dr. Sherry
McKibben, Community Development Specialist]
Councilmember Forbus made a motion to accept the Consent Agenda. Councilmember Woodward seconded the
motion.
Secretory explained-that1tem bwas- a-correctionfor a previously approved - overcharge
CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
6. STATUTORY AGENDA
a. Discussion and possible action to approve Ordinance 2010 -20 to amend Chapter 12, "Building #nd
Building Regulations" and Chapter 20, "Fire Prevention and Protection" of the Code of Ordinances of Itne
City of Huntsville to regulate the occupancy of assembly occupancies that allow the use or distributio of
alcoholic beverage consumption, 1'r reading. [Aron Kulhavy, Director of Public Works]
The Mayor reminded the Council that they would only discuss the item, as it was a first reading.
Councilmember Woodward asked if this was only a change in calculations. Aron Kulhavy, Director of Pu tic
Works, said it was. He expanded his remarks to say that the ordinance was to change the occupant of
businesses that sell alcoholic beverages, removing the 5 square feet per person requirement on a dance fl or
and have the establishment meet a 15 square feet per person requirement for all areas. He said three lo-al
establishments were expected to be most affected, namely, Shenanigan's would have an occupancy reductioi of
roughly 25 %, The Jolly Fox approximately 35 %, and Lizzard's about 15 %. Mr. Kulhavy said that Lizzard's I ad
also chosen to add exits to prevent further reductions.
Councilmember Ray asked if this change would apply to Magnolia Lake, Mr. Kulhavy was not certain but
to check on it.
Councilmember Woodward asked for a definition of "15 square feet net," and was told it was for areas to willch
the public typically had access, not including bathrooms. Councilmember Woodward asked if Lizzard's chang in
number of exits expanded their occupancy under the current Code, and was answered affirmatively.
Councilmember Cole asked if churches were covered by this Ordinance. Mr. Kulhavy told him church occupai cy
was calculated differently.
The Mayor said he thought the current occupancy load for Shenanigan's was 2000, and verified with Mr. Kulhi vy ,
that it was now at 1700. The Mayor also mentioned that buildings frequently have a limiting factor such as
parking requirements, plumbing requirements, exit requirements, and wanted to know how the 1700 occupa its
was limited. Mr. Kulhavy said the number of exits was the most limiting factor, and that Shenanigan's had he I a
higher occupancy set when they had additional exits.
The Mayor also said his understanding was that businesses were typically grandfathered when building codes
changed. Mr. Kulhavy said that was typical, but that staff had worked with the City Attorney to include a claus in
the Ordinance so that businesses would not be grandfathered.
Councilmember Mahaffey asked if the impetus was unsafe conditions. Allwin Barrow, Director of Public Ss
said that in September 2009 an application for increased capacity to 2000 persons was made in accordance
the construction of an additional exit to be manned. However, the fire department found it was not t
complied with, and served citations. Chief Barrow said another problem was responding to a number of fig,
especially on Tuesday nights when drinks were a quarter each. The City renegotiated occupancy
Shenanigan's in response to the unmanned exit.
Chief Barrow said Mr. Tarvin, the owner of Shenanigan's, told him that his business was too crowded to cont I,
and that he only has three service waitresses. Chief Barrow said that patrons cannot be observed or controlle in
those numbers, and referred to 1700 complaints the police department had responded to at that location over ie
last three years. He also mentioned the recent stabbing death in the Shenanigan's parking lot, of a customer v io
had been thrown out of the establishment and had snuck back in.
Chief Barrow said he approached the City staff to work on a solution for safety. He also said alcohol was n
easily made available to underage patrons, and the department had made two arrests for that Saturday night.
said they tried to think of ways to eliminate overcrowding. Chief Barrow said fire investigations have revealed
people tend to try to exit the same door they enter.
Councilmember Ray asked Chief Barrow to elaborate on underage drinking. Chief Barrow said the size of e
crowd and the lack of wait staff make it difficult to determine if adults are buying alcoholic beverages at the r
and serving them to minors at the table. He also said they have had over 100 DWIs in the past year, who s id
they had been at Shenanigan's.
The Mayor said he thought we was hearing about operational issues but that changing a building code
CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
Fox last year, versus 1000 at Shenanigan's, and that at an occupancy of 1300 Shenanigan's would still allow it to
be one of the largest bars between Houston and Dallas.
Councilmember Forbus asked how much the businesses would be affected if the City restricted that patrons be of
legal drinking age. Chief Barrow said his department estimated that 60% of the customers were underage.
The Mayor asked what the punishment would be if an establishment had an exit chained shut. Chief Barrow said
the business would be immediately closed and evacuated. The Mayor asked what the response was for an
unmanned exit, and the Chief said the same could probably be done, but fire department chose to issue a
citation.
Councilmember Cole asked if the police department had considered patrolling inside the bars more. The Chief
said they could write a citation if they felt the person was a danger to themselves or others, but then would have
to find someone to take the person home. Chief Barrow also said they are most often at the establishments in
response to 911 requests. He further stated that off -duty officers used to work at Shenanigan's, but had stopped
doing so for the amount of pay offered and the need to be there until 3am. Because of the additional safety risk
to the officers and the need for them to go in large numbers to break up a fight in a large group, the Chief said he
had asked them to stop working at Shenanigan's off -duty. Councilmember Cole said there were large numbers of
people at Wal -Mart, where alcohol is sold. Chief Barrow responded that at a certain size a crowd cannot be
controlled, and that he was looking for a way to improve safety by reducing crowd size.
The City Manager said the police chief would pursue other avenues as well, that the issue was large numbers of
intoxicated people, while the night shift was composed of 4 -5 officers. Mr. Baine said it was a concern of the
officers, and citizens pay if more officers are required.
Councilmember Wagamon verified that the current code requirements came from the 2003 International Building
Codes. He went on to say that he had not even heard of a rumor of even a fight at Shenanigan's until the last two
-, months, but was now hearing of 1700 calls, many to 911, and said he was disturbed that he had not heard any
rebuttal to the seriousness of what was being alleged.
The Mayor permitted Mr. Rush to respond. Mr. Rush said that on January 11, 2010 he received a response to a
Public Information Request he had made for all police department calls to the address of his client's
establishment in 2009. He said he received 16 pages of information of 711 calls, but that many of the items were
during hours which his client's business was not open or were not related to his business, such as traffic
accidents.
Councilmember Wagamon said he knew the Council was committed to both the business owner, but also to a
safe environment for the police department as well. Mr. Rush said his client was also concerned about the safety
of his patrons, and that no one would want to go to a place where they thought they would be beaten up. Mr.
Rush also said his client welcomed having police officers in his business, as he felt they were a deterrent, as was
the example that police wrote eight tickets at Shenanigan's on the first night of the extended drinking hours.
Chief Barrow said that arresting eight people in one night was an example of out of control, and responded to
Councilmember Ray's question that anywhere from five to ten calls a night at Shenanigan's was not uncommon.
The Mayor said that public safety was one of the most fundamental responsibilities of municipal government and
that this was an example of how having the two reading rule could be very beneficial by giving time to deliberate.
He also said he hoped they could come up with a solution, that they needed to solve this operational issue.
The City Attorney, Leonard Schneider, said that he would like Steve Weathered to be present for the City for any
meeting of the City with Mr. Rush and his client.
Councilmember Mahaffey said she was not aware underage people were permitted in bars and would like to see
a history of that being permitted given to the Council.
Councilmember Barrett said he wondered, from an establishment- owner's perspective, what would be considered
a normal number of calls per year, above which the Council should not be alarmed, as bath the 1000 and 700
sounded high to him. Mr. Rush said he did not know, but felt his client would prefer to have no calls, and that
Shenanigan's had fewer police calls than Wal-Mart or the high school.
b. Authorize the extension of Interlocal Agreement (with Addendum) for Public Safety Services between the
City and Walker County and authorize the mayor to execute the Agreement. [Bill Baine, City Manager]
Councilmember Woodward made a motion to authorize the agreement Councilmember Forbus seconded the motion
... =nwa nn -n . O ifnm r_ +nf -fhu anruomanf- fn- inahide "And - henaucp- 671ty-
tC amending their motion-:16i this manner. Councilmember_ Mahaffey said that it looked as though the County was paying
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CITY COUNCIL MEETING of January 19, 2010
BOOK "U"
also concerned that there were false alarms in the County to which the fire department responds. The Mayor pointed
that the information they had been provided showed that it was right at half of all alarms responded to were in
County. Councilmember Mahaffey said a citizen had told her it would be a good idea to have an annual review of c
as part of the agreement.
Mr. Baine said that about 14 months ago, he had met with the County, where the percentage the County would pay
lowered from about 29% to about 20 %. He said he had left there believing that he had agreement that they would re
to the original percentage within the next year, but that when it came time to renew, the County said they would not
anything. He said that he and the Mayor appeared before the Commissioners and basically begged for the $246,487
Mr. Baine pointed out that the City residents pay 62.2% of the taxes with the expectation of fire service, and the one-t ird
of County residents, who live outside the City, comprise 50% of the fire calls. Basically, he said, the County resid is
[who do not live in the City] pay roughly $80,000 of a total bill of $1,517, 651, the rest of which is paid by the citizen of
Huntsville through their taxes. He said this is 7% or so for half the service, but that he was asking the Council to sign he
agreement since he needed the money to run the fire department He said he understood that the Council didn't lik it,
and that the citizens of Huntsville shouldn't like it, but that he did not want to have to make draconian decisions about 're
service.
The Mayor said it was an unfair situation that the City had worked on, and that by their actions they had put the Cot
on notice as to their dissatisfaction, but that the money was needed for the operation of the City. He said he would
to point out that the City would have the opportunity to negotiate another agreement, and that if they were not happy
that, he thought that would be the time and place to take an alternate course, but that at this point in the year the Cot
should take the $246,000.
Councilmember Forbus said he understood there was a 30 -day notice in the contract and that he thought the Cot
should have a plan in place 30 days before the contract renewal came due again and have an alternate plan for
County if they chose not to "pony up" for their share of the expenses.
Councilmember Wagamon said the gross City budget was in the $50 million range and that $246,000 wasn't much.
said he had intended to support the measure but had changed his mind, as the County had been giving themse
raises for each of the six years they had paid the same amount to the City and that this was a slap in the face. He
the City could cut other ongoing operations in the budget than fire protection, or cash in a CD.
Councilmember Ray agreed with Councilmember Wagamon and said the Council was elected to protect the interest4lof
the citizens, including their monetary interests and had a duty to them. He said 62% of County taxes come from 11pir
citizens who five in the City, and that when the County Judge says the County pays 100% of EMS, that's just not trPe,
that the City residents have already paid 62% off the top, then the City provides bays and other services for EM in
addition.
As another example, Councilmember Ray said, the City gives the County about $400,000 for law enforcement,
those who live in town have already paid for 62% of law enforcement. He said that when the County says they're
getting anything from the City, they come to the library, the pool, the parks, and the Wynne Home, and the Coy
government pays nothing for it, it all comes out of the City coffers. Councilmember Ray went on to say the Coy
accused the City of not coming to them at budget time, but recalled during his first budget season the County
assured them the payment would be the same then, but increased the next year. Councilmember Ray said they are
telling the City to "pack sand." He said he had pulled the tax records for some of the County officials, and that
County Judge pays $323 per year in County taxes for his house and 54 acres, whereas Councilmember Ray sail
paid almost $1200 in County taxes for his quarter acre in town. He went on to say it was offensive and it was time b
the problem, here and now, receiving audience applause for his remarks.
Councilmember Mahaffey said it was her understanding that individuals are billed if they call EMS, and asked if the se
happens when the fire department is called; the City Manager responded that the fire department did not
Councilmember Mahaffey also said that the cost of fuel statement in the agreement should say "at the actual cost of
fuel," to reflect other administrative costs. The City Manager said they were already charged that, and Councilmem
Mahaffey said she would just like the agreement to reflect it in the wording.
Councilmember Zander inquired for what amount the County was asked, and the City Manager said the City asked fo„ a
return to the 30% range, about $360,000.
Councilmember Mahaffey confirmed that the City Manager felt there had been a genfleman's agreement to this, and
told that there was, but it had not been a meeting of all the commissioners. Mr. Baine also said it takes three of the
and the City often had [the support on one or two.
Councilmember Wagamon recalled the City Council cut its own budget by 20% last year, had lowered its effective
again, was paying off debt, and was trying to make an agreement for "this" much for fire protection while the Cour
giving itself raises and raising taxes, and that it was outrageous to put up with.
I
CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
representatives. He said he was not arguing against the concerns being raised, but asked that they move forward in a
way that was reasonable and orderly and not allow people who had no control over this get caught in the middle. He
said he also supported Councilmember Forbus' suggestion for the next negotiation period, having clearly predetermined
alternative arrangements in mind the City would be prepared to adopt if a safisfactory agreement is not reached.
The Mayor said a very fundamental part of good management is budgeting, and that this number was what was put into
the budget. He said changes to the budget put an incredible pressure on the City Manager. He said he realized that
things come and go, but felt there needed to be a balance between flexibility and discipline. The Mayor said that when
the Council passed the budget, they knew at that point in time that the $246,000 was the number, and that it had not
changed. He said he thought that the Council needed to think carefully before making large differences to the annual
budget in the intermediate time, that the time and place was at budget time, not in the middle of January.
Councilmember Mahaffey said she thought that in this rase they had an obligation to the citizens.
Councilmember Mahaffey made a motion to amend the agreement from $246.000 to $360.000. Councilmember
Wagamon seconded the motion.
Councilmember Zander said that if the County would not agree to the higher number, there needed to be a provision in
the agreement for the amount to increase the next year.
City Attorney Leonard Schneider asked the Council if they could go into Executive Session so he could advise them.
The Council adjourned into Executive Session under the Texas Government Code Chapter 441 Section 551.071 to
receive legal advice on this item at 7 :11pm The Council reconvened at 7737om
Councilmember Barrett said that if he thought the amendment would get the City the funds he would support it, but he
did not think it would & might even complicate the matter.
Councilmember Forbus said it was an onerous situation and that the County was not standing up to what it should be
doing, but that they needed to get everything they could from the County at this point.
Councilmember Mahaffey said she was really sorry the County was holding the City hostage in this way and felt the way
she could best represent the citizens would be to look out for their interests.
The Mayor said he would wholeheartedly endorse the amendment if he thought it had any chance for success and that
that was the reason he tried to negotiate this amount, but that he did not think it would succeed.
Councilmember Woodward said he thought it was important for the City and County to work together, and that the
citizens would not benefit if this City continued to pound on the County.
Councilmember Mahaffey said the County had been getting a free ride on the citizens for six years or longer, that she felt
a little guilty for not doing something about it sooner, that now was the time.
Councilmember Cole said that amending the agreement would just throw it back into Commissioners' Court and into
limbo for another two to three months, and he was therefore not in favor of the amendment.
The motion to amend was not approved in a vole of 4 -5 Councilmembers Mahaffey Wagamon Ray and Zander voted
for the amendment the Mayor and Councilmembers Cole Woodward Forbus and Barrett voted against.
Councilmember Ray said you can't work with an organization that threatens frivolous lawsuits and misrepresents to the
press the sequence of events. He said everything indicates the County is unwilling to work with the City, and that the
County is dependent upon the City's complacency. He said 62% of everything they spend comes from [residents] inside
the City limits already, and that County residents are spending less than 10% for fire service.
Councilmember Forbus asked the City Manager how seriously rejecting the $246,000 would affect the budget and the
City Manager's ability to run the City. The City Manager said they did have adequate reserves but that he thought it was
wrong to spend them. Mr. Baine also said that if the current shortfall in sales tax revenue holds, the City would be short
$300,000 - 500,000. The City Manager said he expected to be about $750,000 short for the year, and that he was
concerned it was untenable to hold the County hostage. He also said he was v✓illing to go to Commissioners' Court and
ask for the additional $120,000 but did not expect to get it. In response to a further question from Councilmember
Forbus, Mr. Baine said he could live without the $246,000, but that what suffers are the "rewards we give each other"
such as parks, the library, etc., and he would have to curtail non- essential services, affecting the quality of life in
Huntsville.
Councilmember Wagamon said last year there was a conversation about not having enough money for police and the
cost of running the Wynne Home, and yet the money was found to fund the police officers and the Wynne Home stayed
onen. He said if thev were talking about draconian cuts or essential services, there were a lot of things the City does,
CITY COUNCIL MEETING of January 19, 2010
NT01 #1140111
money. He said they did not have a plan in place if the contract were refused. He thought it better to take the
money and make a plan with defined alternatives for the next year.
Councilmember Ray said he kept hearing it was all or nothing, but that they were just trying to negotiate a fair deal,
that once the contract was signed all negotiations would be gone. He said they needed to fix it now.
7. MAYORICITY COUNCIL AND CITY MANAGER REPORT
a. Approve nomination of Helen Belcher to fill Board of Adjustments and Appeals seat vacated by Janlit
Ridley. [J. Turner, Mayor]
The Mayor said Janet Ridley has become a City employee and is ineligible to serve on the Board. He said Heldh
Belcher had previously worked for the City for many years.
The Mayor made a motion to approve the nomination Councilmember Woodward seconded the motion
The motion passed unanimously.
b. Discussion andpossible action to fund United Way unmet needs. [Councilmember Wagamon]
Councilmember Wagamon said United Way had a significant shortfall this year, and that they had a budget for
unmet needs. Julie Schneider, Executive Director of United Way, said they help families and individuals in cris4
situations, not for ongoing support. She said she did not like having to ask for money in the current economic
conditions, and that funds were readily available for this account after disasters, but that the money did not last
very long. Ms. Schneider acknowledged SAAFE House and other local nonprofits that citizens could go to for
specific needs, but the people the unmet needs account assisted did not fall under those categories. She said
they currently had $168 in the account at this time, and did not anticipate additional funds unless there waS
,
disaster.
Councilmember Woodward confirmed United Way vetted recipients so that the needs were for one -time
emergencies and crises.
Councilmember Forbus asked how much their shortfall was, and Ms. Schneider said they had only $168, ant]
could usually go through $15,000 in two to three months. Ms. Schneider said that when Clarence Griffin had
been a Councilmember, he had seen the work they do with this account, and had told her he would ask the
Council for $35,000, but she never heard anything again. She said they had been making do, and was shy to ask
for money, but had seen the people who needed the money and would appreciate any amount.
Councilmember Wagamon made a motion to give $5,000 to the United Way unmet needs account
Councilmember Mahaffey asked the City Manager if the City had already donated to the United Way or similar
requests. Mr. Baine said the Council approved $5,000 for the 72ntl National Guard Battalion, which he said he
had not spent.
Councilmember Cole asked if it would be better for the City to have a campaign to allow citizens to donate rather
than government getting involved, and the Mayor agreed. Councilmember Cole asked that the Council ask the
City Manager to put up a table and ask for donations rather than going through the budget amendment process.
Councilmember Ray seconded the motion.
Councilmember Ray said he could not support this motion, although he would be happy to donate if United Way
came to his office. He said the Council had a duty to the citizens to take care of their money, and taking taxes
that citizens pay for services such as police and fire, and decide which charity to give lo, that is forcing the
citizens to give to chanties, which may not be their choice. He said he would support a fundraiser, but not moving
taxes to charities.
The Mayor said he concurred with Councilmember Ray, that he would be happy to make a donation as art
'
individual but felt that it was an inappropriate use of taxpayer money.
Councilmember Forbus also agreed, and liked the idea of employees or citizens being able to donate, and that hd
CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
p
A i �j nnr-rr, , a/ nrnr— n gnp. ni not know. - -,--
�� why. Ms Schneider said she did not intend to offend anyone.
Councilmember Forbus said Ms. Schneider said she came to the right place in order to let citizens know
li Councilmember Ray agreed and assured her she had offended no one, that this was the right place to get in front
j of the citizens, and this was just a tax issue.
it
The City Manager said there would be an unbroken stream if the Council went down this path and donated from
,I
the City budget.
Councilmember Wagamon said he respected the libertarian view, but said if they were talking about using tax
j� money for nonessential services he would like to look within during the next budget season at some salaries and
services within the City, and would remind them they voted against this tonight.
Councilmember Woodward asked about the fund of money donated on water bills, and was told by Mr. Duke that
it went to the COME Center monthly.
li
Mr. Schneider said he would like to remind the Council about treating everyone equally, and that they would have
to explain if one charity was chosen over another. Councilmember Wagamon said he thought they had been
doing this all year, that they had just given to the veterans, of whom he was one, and that no one raised this issue
then.
The Mayor responded that they raised money for that, but did not spend City funds. The City Manager recalled
they spent $1500 on travel. related to the National Guard, and $800 for the Wounded Warrior banquet.
Councilmember Ray said those were general welfare items, not charities.
The motion was defeated in a vote of 2 -7 Councilmembers Wagamon and Woodward voted for the motion.
' c. Discussion and possible action regarding traffic issues and TxDOT plans for new access ramps on 1 -45.
[Councilmember Wagamon]
Councilmember Wagamon said that in the evening's workshop, Councilmember Barrett had said losing the ramp
at 1 -45 by Starbuck's might not be the best thing, and that the City Manager had called it a disaster, and he,
Councilmember Wagamon concurred. Councilmember Wagamon said he had heard from some citizens about it
also.
Councilmember Forbus said he thought it was a bad decision, and would cause more traffic and accidents. He
said he hoped TxDOT would keep it open.
The City Manager said he had asked staff how the current plan had come about, and that he had been told that a
!; previous City Council had lobbied for these changes so that Ravenwood would be successful. He allowed it
might be hearsay, but that he had heard it about three limes from people in that business. Mr. Baine said they
could ask the District Engineer, and could pass a resolution, but should know that TxDOT did not come up with
this plan independent of government input.
Councilmember Wagamon said he was very involved at the Ravenwood thing and that he could not recall a
single motion, second, resolution or any type of a vote by any City Council of Huntsville, Texas saying they would
go to TxDOT and say they wanted to change the ramps to make Target successful, and if it was done unofficially,
that was an issue. He said he would like to see if they could keep the ramp while it was here and the Target
center was not built out.
'I Councilmember Woodward asked Tom Weger, Project Manager, how long the plans had been in place. The
Mayor said that when they said Ravenwood, they were actually talking about a longer time period. Mr. Wager
' said he thought those decisions were made around 2001. General discussion decided they were talking about
the Raven Nest Golf Course rather than the Ravenwood development.
'1 Councilmember Woodward said the only Council activity he recalled was some redesign on the exit ramps when
Ravenwood was becoming a reality, due to traffic problems that would be created there, but not that the ramps
were changed. Mr. Wager said there were several revisions throughout the years, that there were some design
CITY COUNCIL MEETING of January 19, 2010
BOOK "U"
diverting highway traffic down a feeder for over a mile past commercial businesses. He said this was a
safety issue, and there was a huge amount of traffic that used that ramp to access 1 -45.
Councilmember Forbus agreed and said something needed to be done.
Councilmember Barrett said the next on ramp would be around Possum Walk, and would not only provide
congestion, but he was also concerned how traffic flow would be reconfigured in town and possibly come through
the Avenues. He said it would present a challenge and that he thought it should be guided around the Avenues
and neighborhoods. He said they should raise their concerns with TxDOT but in a friendly way.
The Mayor asked Mr. Wager whether the closure of the ramp was part of what was already let under contra l
and Mr. Wager said he believed it was.
The Mayor said he felt the sense of Council was that they would like instruct staff to write a note to TXDO11,
thanking them for their help and seeing if perhaps there was a way they could help the City on this issue.
Councilmember Mahaffey asked if they were considering a resolution, but the Mayor said a resolution had not
been crafted.
Councilmember W acamon withdrew his motion for a resolution.
d. City Manager's Report
1. Report on Well 19. I.
The City Manager said Well 19, at Spring Lake, had some vibration in it, so it was being shut down for
inspection.
2. Report on recycling pilot program. '
The City Manager thanked Sheriff McRae for providing agreed -upon backup labor to assist in assorting
recycling material last week. Carol Reed, Director of Public Utilities, said the collection was a great success,
with close to 60% participation, resulting in over 9 tons collected. She said 18 carts had been returned to the
City, of the 1,239 distributed. She said of the comments they had received, they had three negative, six
positive, and six suggestions and concerns.
Ms. Reed said issues of collection and processing included freezing temperatures, 30 -50mph winds that day.
She said they did not get their TDCJ work crew due to the temperatures, but five offenders came from the
County Jail, along with Sheriff McRae and Captain Steve Fisher. 1.
Councilmember Forbus said he thought it was very successful and reminded citizens not to put loose shred
in their recycling cans.
Councilmember Mahaffey asked if they had identified operational goals, and Ms. Reed said they wouNil
continue to track participation, and any reduction in trash diverted to the landfill.
Counclmember Ray thanked the staff for their work, and also the Sheriff, Captain and their staff at I*
Sheriffs Department and said he thought they did a great job. He also said he was pleased with the citizens'
support.
The City Manager said it was a successful program and also mentioned bagging shredded paper. He said it
was difficult to have a place to dump the material [for sorting].
The City Manager said there had been both a six -inch and eight -inch water leak on 111h Street.
8. PUBLIC COMMENT
Reginald Irving, owner of Sonny's Club, told the Council about tickets his business had received for noise and
concerns with his neighbor. ,
9. MEDIA INQUIRIES
There were no media inquiries made.
CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
plans to apply for community development grants through the Texas Department of Rural Affairs, and encouraged the
public to attend.
j Councilmember Wagamon said he would be announcing his Ward 3 Town Hall meeting at the next meeting.
Ill 1. EXECUTIVE SESSION
11 a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551;
ii Section 551.071 — consultation with counsel on legal matters including discussion of personnel matters
involving incident with George Russell [Allwin Barrow, Director of Public Safety]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551;
ii Sections 551.071 and 551.0722 — receive legal advice and deliberate regarding purchase, exchange, lease
I� or value of real property. [Leonard Schneider, City Attorney]
fThe Council adjourned into Executive Session at 8:40pm.
'�12. RECONVENE
a. Take action, if necessary, on Item 11a addressed during Executive Session.
The Council reconvened at 9:39pm.
Councilmember Wagamon made a motion to investigate this matter under Section 504 of the City Charter.
Councilmember Cole seconded the motion.
Councilmember Barrett said that officially there was no matter. He said there was no written or sworn complaint,
and asked what the matter was and who was willing to swear a complaint on which the Council could act. He
said there were several versions about what occurred, but no complaint, and for the City Council to essentially
call for an investigation of their police department absent any complaint was a most extraordinary action.
Councilmember Barrett asked on what they would base such an investigation, and said the police chief had
conducted an investigation and communicated with the Council, and that he had confidence in the chief and in
the department, although they may not be perfect. He said he was not perfect either and that they had nothing
upon which to take action, especially not on which to take an action that he felt impugned the integrity of the chief
and the department. He said that if someone felt the police department acted inappropriately, they could file a
complaint. Councilmember Barrett also asked who had the expertise to conduct an investigation of the police
department. He said he knew there were different perspectives and encouraged anyone who felt there had been
wrongdoing to swear out a complaint and allow this to be handled by the judicial system, of whom he was not a
i
part. He said he would need much, much more than this before he could support an investigation of the police
�! department.
The Mayor asked if Councilmember Wagamon would mind making his motion more specific, because he thought
"this matter" was too unclear.
Councilmember Wagamon amended his motion by saving the matter in 11a, George Russell's arrest. as it was
stated in the Executive Session item with the same verbiage would be adequate.
Councilmember Ray said that, for an extremely different set of reasons, he concurred with Dr. Barrett's
conclusion that the Charter investigative powers were not appropriate for this situation, and that he did not think
the Council should investigate this matter further. He went on to say he was deeply disappointed in the lack of
candor with the factual presentations made earlier in the evening, when if the documents were viewed, all
witnesses, footage and photographs agree and there was no evidence to the contrary, as was presented. He
said there were some blatantly false accusations made, and asked Councilmember Wagamon to withdraw his
motion.
Councilmember Wagamon said he wished to put this to rest, but did not want to withdraw his motion, that there
was something fundamentally at stake here, and that this was about the Council's reasonable right to establish
facts and ask questions about an event, and asked for a vote. The City Secretary said the particular Charter item
was 4.05.
Councilmember Cole said the Council had an oversight function to ensure these matters were handled properly
and he did not think the motion should be discarded.
!i Councilmember Forbus said he thought an investigation would create a "he -said, he- said" situation that would be
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CITY COUNCIL MEETING of January 19, 2010 BOOK "U"
going on at her house. She said she always worried when there weren't consequences for inappropriate actin
and behaviors, but she felt trying without hiring someone to investigate would be a mistake. She said A
wouldn't support the motion, but agreed with a lot of things Councilmember Wagamon said, and hoped it h�
been a good lesson to the community and to law enforcement.
Councilmember Woodward said he wanted to go on the record to say this was wrong, that the Council w*,
overstepping its bounds. He said he supported the police department and that the Councilmembers should tie
supportive of the department and the chief, and that there were other things they could do that would be more
productive and more beneficial to the public.
Councilmember Wagamon said he felt he fought hard for a number of years for police and their funding, and the
issue was a potential liability to the City and to accountability, and that accountability outweighs liability, becauio
if you don't have accountability, you have nothing to save.
The motion failed, with a vote of 2 -7. Councilmembers Wagamon and Cole voted for the motion.
11 ADJOURNMENT
9:51 pm.
i