Loading...
MIN CC 02/02/2010CI-PI COUNCIL MEETING of February 2010 BOOK "U" MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 2ntl DAY OF FEBRUARY, 2010, IN THE CITYIHALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Tom Cole, Mac Woodward, Jack Wagamon, Dalene Zender, Melissa Mahaffey, Chars &s Forbus, Lanny Ray COUNCILMEMBERSABSENT: Wayne Barrett OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION [5:30PM] (Councilmember Ray arrived at 5:45pm, Councilmember Cole arrived at 5:50pm) '.'Council will discuss second six roads on the priority list. [Bill Baine, City Manager] The Mayor called the meeting to order at 5:30pm. Aron Kulhavy, Director of Public Works, discussed prioritization components and the thoroughfare plan, and reviewed the '.second six roads on the priority list. The Mayor asked for some typical traffic volumes for roads such as 11' Street, and -Mr. Kulhavy said he would prepare some for the next workshop. Mr. Kulhavy said he hoped TxDOT would be able to attend the next road workshop. < Councilmember Wagamon said it would be helpful to know as soon as possible a rough figure of how much money would ''...actually be available in the next budget in order to prioritize what projects were possible. Mr. Kulhavy said the list was '.'composed of capital projects for new roads or major improvements to existing roads, with the exception of 7'" Street. Mr. ''.Kulhavy also said the annual street maintenance program was not included, nor were very small projects such as cul-de- sacs, and that roughly $500,000 was spent annually on maintenance. ' Bill Baine, City Manager, said there were about 142 miles of streets in the City, and the street dept. has received the same dollar figure over a long period of time, enabling them to buy less material. He said they would probably be around $700,000 or $800,000 worth of normal new work if the Council chose to do it, and also hoped to finish the year with some money in the budget. He asked the Council to decide what the priority is in each class of roadways. The meeting adjourned at 5:56pm. REGULAR SESSION* [6:OOPM] h. CALL TO ORDER Mayor Turner called the meeting to order at 6:OOpm. 3. PLEDGES OF ALLEGIANCE 3. INVOCATION Mayor Turner gave the invocation. ¢. PUBLIC COMMENT Joseph Milam spoke on electromagnetic fields and gave the City Secretary CDs and DVDs on the topic. Bill Elmer spoke about billing county homeowners for fire services. He also said he hoped something could be done to save the 1-45 entrance ramp by Highway 30. Delora King told the Council how proud she was of the City parks, and her recent experience at Eastham- Thomason Park. PUBLIC HEARING to The public hearing began at 6:05pm. No members of the public presented themselves to make comments. The public hearing was adjourned at 6:06pm. S. CONSENTAGENDA I !!I CITY COUNCIL MEETING of February ry 2 1 0 BOOK „U „ (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with stave recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda h* full discussion by request of a member of Council.) a. Approve the minutes of the City Council special session held on January 11, 2010, and the regular meeting held on January 19, 2010. [Lee Woodward, City Secretary] b. Approve the Standard Form of Agreement between the City of Huntsville and McClure & Browne for Professional Services related to individual task orders. [Tom Weger, Project Manager] c. Approve Task Order #1 under the GSA with McClure & Browne for the Boettcher Drive Street and Sidewalk Extension. [Tom Wager, Project Manager] ii d. Certificate for resolution approving a resolution authorizing the issuance, sale, and delivery of Trinity River Authority of Texas Contract Revenue Refunding Bonds, Series 2010A (1996 TRA issue)(Huntsvill,@ Regional Water Supply System Project) and approving and authorizing instruments and procedures$ relating thereto. [Winston Duke, Finance Director] '! e. Certificate for resolution approving a resolution authorizing the issuance, sale, and delivery of Trinity !j River Authority of Texas Contract Revenue Refunding Bonds, Series 20108 (1997 TRA issue)(Huntsvi Regional Water Supply System Project) and approving and authorizing instruments and procedurelt relating thereto. [Winston Duke, Finance Director] I. Certificate for resolution approving a resolution authorizing the issuance, sale, and delivery of Trinity River Authority of Texas Contract Revenue Refunding Bonds, Series 2010C (1999 TRA issue)(Huntsviljp Regional Water Supply System Project) and approving and authorizing instruments and procedurels relating thereto. [Winston Duke, Finance Director] g. Authorize City Manager to reject all bids for power factor correction equipment. [Carol Reed] h. Approve Ordinance 2010 -21 to amend Chapter 44 Traffic and Motor Vehicles of the City of Huntsvilj@ Code of Ordinances by adding No Parking restrictions along Bearkat Boulevard between Sycamore and Bobby K. Marks, 1” reading. [Aron Kulhavy, Director of Public Works] The motion passed unanimously. '- Councilmember Woodward made a motion to approve items d e and f. Councilmember Ray seconded the motion. Winston Duke, Finance Director, explained there were three refunding bonds with a total savings of $661,000 over the ten -year life of the note. The Mayor received confirmation that it was correct to say that the principal had not changed, and the term remained the same but the payment was reduced. The motion passed unanimously. '. 7. STATUTORYAGENDA Ij a. Report and update on issues related to drinking establishments, and activity and directives regarding th✓' issue. Discussion and possible action regarding the same. [Bill Baine, City Manager] The City Manager said the City Attorney informed him that drinking establishments needed to be treated the same way as other businesses, so the Ordinance read last time was not being read again. Councilmember Woodward confirmed they did not anticipate action after the executive session. '.,., Councilmember Cole and the City Attorney discussed the Texas Alcoholic Beverage Code stipulation that drinking establishments could not have stricter standards imposed on them by a city, in relation to premises regulations, than other similar businesses. III Councilmember Wagamon said a citizen had asked him about the Council meeting in executive session for leg if advice for situations other than potential or pending litigation. The City Attorney said the Texas Code of Ethi said attorneys could give advice on any issue, and that it was his opinion that the City had the right to recei legal advice on any matter. Councilmember Rey asked if there had been any challge in issues amests9y _h_�I ct� Coun I_ nd IWMWAV - - - - - -- - aMpMg_waa VISE €ssAfy. I heZltyMaisagerarsdYhe Paltce Chief seidther€had-not been an uptick in arrests in the last two weeks. Councilmember Ray said they were a legislative body and needed good information to make decisions. The City Manager said the uptick in activity began late last summer and early in the fall, and another surge began when drinking hours were extended to 2am, but could not say whether it was related to increased drinking or increased policing. The City Manager said he did not feel qualified to adjudicate, but Councilmember Ray said they were being asked to take action and therefore make some judgment. I — —A � ' CITY COUNCIL MEETING of February 2010 BOOK "U" i Councilmember Forbus said he felt a lot of discussion was based on the extension of drinking hours and that the Council had agreed to review it. He said he also had concerns that they receive accurate information in order to do so. Councilmember Woodward said he did not feel ready to make a decision on the issue, that he needed more definitive information. He asked if they could distinguish the information from before and after drinking hours were extended. Councilmember Wagamon said he had a call from a local business owner concerned about strong -arm robberies. Councilmember Wagamon said the article in the newspaper [about someone urinating outside Shenanigan's] looked like a press release, that Councilmembers were not being quoted, and that he was disturbed that there was a "calculated press release in the newspaper' making an issue out of the extended drinking hours. He also said there were other bad things happening, and that there should be more discretion about what the staff described in the newspaper as a big issue. Councilmember Mahaffey said she had been a business owner who sold alcohol, and her experience with TABC was that they were like the Gestapo. She said it was important that the Council manage the police department so that they don't get the idea that they can do these things. She said she teaches in the school of criminal justice and that the police officers receive training so they do not respond in an overly zealous manner. Councilmember Mahaffey said she had a concern that people were unhappy with the extended hours and that there was something going on to convince the Council that they were wrong. She said if they were wrong and the fads bear that out, that would be one thing, but they needed to take care not to be manipulated. She said the job of the Council was to get accurate and valid information. Councilmember Ray said the changes did not seem dramatic, and Mr. Kulhavy agreed, referring them more to housekeeping issues. The Mayor added that this was a first step and not all the Council expected to see from the Commission. MAYOR /CITY COUNCIL AND CITY MANAGER REPORT a. Approve nomination of Captain James Ross (U.S. Army) to Veterans Affairs Advisory Board. [J. Turner, Mayor] The Mayor made a motion to approve Captain Ross Councilmember Ray seconded the motion The motion was approved unanimously. Councilmember Woodward said he thought the police department was one of the Council's best sources of information and that they also needed to hear from the club owners to determine options available in order to make the extended hours work. Councilmember Zander said she was also concerned, and felt the Council had been supportive of the police - department in the last several years, and had provided for additional officers and resources, but that she had ' some real concerns about the accuracy of the information they had received recently. She said the Council also needed to find a balance between supporting the business owners and public safety and would like more information. Councilmember Ray said he concurred with the majority of the others' comments, and that he recalled that the Council wanted to track injuries and accidents that might have resulted from extending the drinking hours, but not arrests, which could be manipulated. He said he had received the data, and that it looked like a "full court press" between midnight and tam, with as many bar checks, arrests and traffic stops as possible, and that there were none before midnight. He said his concern was that at the last Council meeting there seemed to be a problem that doesn't actually exist. He said most of the data showed they were not 911 calls, but bar checks, which were not calls at all. b. Discussion and possible action to approve Ordinance 2010 -22, changes to the Development Code as submitted by the Planning and Zoning Commission, 1" reading. [Aron Kulhavy, Director of Public Works] Aron Kulhavy, Director of Public Works, said these were two changes to the Development Code that were administrative in nature. He said the first one reflected the purpose statement and the second referenced the building codes adopted through other sections of the City Ordinances. I Councilmember Woodward clarified that the changes were unanimously approved by the Planning and Zoning '.� Commission. Councilmember Ray said the changes did not seem dramatic, and Mr. Kulhavy agreed, referring them more to housekeeping issues. The Mayor added that this was a first step and not all the Council expected to see from the Commission. MAYOR /CITY COUNCIL AND CITY MANAGER REPORT a. Approve nomination of Captain James Ross (U.S. Army) to Veterans Affairs Advisory Board. [J. Turner, Mayor] The Mayor made a motion to approve Captain Ross Councilmember Ray seconded the motion The motion was approved unanimously. j CITY COUNCIL MEETING of February 2010 BOOK "U" ' It. Consideration of the Lewis McLain Newsletter. [J. Turner, Mayor] The Mayor said the newsletter is received for $995 annually and wanted to see if the Council wished to oontinL* using the service. Councilmember Woodward said he thought it was good and a good way to see what other cities around the state were doing. Councilmember Cole asked if the university library received it, but no one could answer that. Councilmember Wagamon asked how many times a year it was issued, and the Mayor said it came out daily, covering newspapers from across the state. The Mayor also said his experience was that he threw it away more than he kept it, but there were good items from time to time, and wanted to bring it to Council for their opinions. c. Annual update to Council from the Finance Committee. [Councilmember Woodward] Councilmember Woodward thanked Councilmembers Mahaffey and Barrett and the Finance Committee for the great job everyone does. He said they usually discuss budget amendments and other financial items. He said h was excited about the first quarter financial report that had just come out, and that it was very informative al available on the City website. He encouraged citizens to review the report and attend the meetings. Councilmember Mahaffey thanked Councilmember Woodward for his work on the committee, and said how lucky she felt the Council was to have Finance Director Winston Duke... The Mayor thanked the Finance Committee, Winston Duke and the Finance Department. He said financial reporting at the City has improved in his time as Mayor, and that he was proud of them. d. Discussion and possible action on a motion relating to the acceptance of gifts and/or donations for the renovated and expanded Huntsville Public Library. [Councilmember Woodward] Councilmember Woodward referred to the copy of his motion the Councilmembers had received: ' Motion: The Huntsville City Council supports and authorizes the Library Board of the Huntsville Public Library, the City Librarian, and Staff in: Develop a list of needs for the Huntsville Public Library in conjunction with the expansion and renovations a utaorized by do bond election. Accept gifts and donations from the Huntsville Public Library Friends, Inc., a 501(c) (3), individuals, and groups to useet these needs. Plan and implement the appropriate means of recognizing and acknowledging these contributions to the Huntsville Public Library. Develop other means of contributing to the Huntsville Public Library. Councilmember Woodward said his intent was to put in place an approval place so the Friends of the Library move forward with their fundraising campaign. Councilmember Woodward read his motion Councilmember Mahaffey seconded the motion. Councilmember Woodward said Linda Dodson, City Librarian, had sent him a copy of a policy being worked c that relates to donations to the Library. He said the donations would be for equipment and furnishings r covered in the bond election, and he thanked Linda and the Library Advisory Board, as they are creating a list items needed. The Mayor asked Councilmember Woodward if he would consider a modification to his motion to say "T is Huntsville City Council supports and authorizes the Library Board of the Huntsville Public Library, under It direction of the City Manager, the City Librarian and Staff to:" t! Councilmember Forbus asked if any donations would be tax deductible. Councilmember Woodward said he believed that to be true if given either to the City or to the Friends of the Library. i COUNCIL MEETING of February 2010 BOOK "U" , Councilmember Cole said he failed to see the need for two different groups to receive gifts for the Library, and he also thought it an Open Government issue, that requests and purposes are stated in public at Council meetings. He said citizens could also appear to oppose gifts if they feel they divert the purpose of the Library. Councilmember Forbus said he felt that having the City Manager as part of the process meant that all would be transparent and Mr. Baine could provide information to the Council. Councilmember Cole said it should still appear on the agenda and all should be in the open, not that he objected to anyone giving gifts to the Library. Councilmember Woodward said it was all being given to the City and that all information would be available as public information. He also confirmed with Linda Dodson that the Library Advisory Board had approved having the Friends of the Library spearheading the fundraising efforts. Councilmember Ray asked for clarification whether the Advisory Board would then be able to permit the Friends of the Library to develop the means of recognizing gifts, which would validate Councilmember Cole's concerns. Councilmember Woodward said the recognition would be part of the fundraising effort and the Friends would be able to do so. The City Manager offered to present a list of all transactions at each Council meeting, so anything contentious could be challenged off. Councilmember Woodward said the Friends are willing to go out and manage the fundraising effort for the Library's needs, be it a room, chair or computer, and determine the means of recognition. Councilmember Forbus said City Council should recognize all donations, be it money, time or property. Councilmember Mahaffey said the motion says it would be decided by the Library Advisory Board, not the Friends of the Library. The Mayor said he felt the crux of the issue would be that the Friends would be able to recognize the donation, but not be able to offer naming rights. Councilmember Woodward said he felt there probably would be some naming requests in connection with some gifts. Councilmember Wagamon said he trusted that the process would be done tastefully, and also thanked Councilmember Woodward for all his work on the library and follow -up. He said if a group was willing to go out and raise the money and people were willing to donate and have wings named for it, he thought that was great and looked forward to using the library. Councilmember Forbus said he felt Councilmember Woodward's motion was very apropos. The motion passed with a vote of 7 -1 with Councilmember Cole voting against the motion. e. Discussion of upcoming Ward 3 Town Hall meeting. [Councilmember Wagamon] Councilmember Wagamon announced the Ward 3 Town Hall meeting on Tuesday, February 23 at 6pm at the MLK Rec. Center, and encouraged the public to attend. f. Discussion of Town Creek grant proposal. [Councilmember Wagamon] Councilmember Wagamon said someone had given him portions of the proposal and cited concerns about hyperbole in the proposal, such as saying Town Creek goes through "the heart and soul of the city." He said he was more concerned about some of the numbers in the proposal, such as the area giving the square miles that drain into the creek, and the number of people relocated. Councilmember Wagamon said he had confidence in the City Manager and Dr. McKibben, Community Development Specialist, but wanted to revisit some of these issues. Ii Dr. McKibben said the item had been put on the agenda a week prior, without backup, and the staff did not know what the question was She said she had been able to get a copy of the material a citizen had given Councilmember Wagamon, and personally had a problem trying to address an issue without preparation, although she had prepared for the highlighted items. Wagamon aWd- thg-agenda item was his that he had raised two concems and that he J1ad needed. The City Attorney said it was a discussion item, that there was no need to table, and the Mayor said he felt the intent was to close discussion. CITY COUNCIL MEETING of February 2010 BOOK "U" Councilmember Wagamon told Dr. McKibben that she could call him if she felt there was a lack of informatiortq, ' and also that he wanted the Councilmembers to discuss the item. The Mayor said they would visit the item next time. j, g. Discussion and possible action on FY2010.11 budget regarding prioritization of street maintenance and it construction. [Councilmember Wagamon] Councilmember Wagamon referred to the streets workshop earlier, and said he would like to reiterate that the Council set up time during the budget process to go over the priority list from the political and funding aspect$. He said he thought it more important to spend disposable income on maintaining streets rather than building new ones. In. City Manager's Report 1. Information on housing development. The City Manager said there had been an attempt to get a housing development in Ward 3, which was scored this week and would not occur. He did say to developers that Ward 3 would qualify for HUD money. 2. Recycling update. The City Manager said the second recycling participation was 64 %, with a noncompliant count of 36, out Of 1234, down from 57 last time. He said the problem was that there was no logistical base at the solid was]k i' facility for the recycling separation. He also thanked TDCJ and the Sheriff for their assistance with offender labor. He commended the citizens in the pilot program. The Mayor said he had heard very positive feedback for Carol Reed, Public Utilities Director, and the materials produced for the program, and commended Ms. Reed and her staff. - The City Manager said he hoped to bring a library bond to the next Council meeting, and felt it was a godd ' time for rates for borrowing. 3. City participation in tourism roundtable. - The City Manager said he had some concerns about the tourism roundtable and had met with Chris Holm [Tourism Roundtable], Carol Smith [Chamber of Commerce] and Kimm Thomas, Director of Tourism avid Cultural Arts, and had asked Mr. Holm to update the Hotel Occupancy Tax (HOT) Board on the Roundtable. He said Jamie Matthews attended the Roundtable for the City. The City Manager said he had a little bit of trouble with the fact that there were members of the Roundtable who had been indicted for the use of HOT money. He said he would send staff to anything that promote$ tourism. ii Councilmember Wagamon said he was really opposed to anyone who works for the City sitting down at the � table with anyone whom the City is suing over the use of the money they are talking about, and could not imagine even considering doing that. He said the individual in question assisted in penning a letter publi y III stating that the charges were a political act by the City Council, and that other Chamber members at tlj,p Roundtable endorsed that letter. He said he was incensed and insulted that any City employees would sit qt the table with those people. 11 Councilmember Ray said he somewhat echoed Councilmember Wagamon's concerns, and thought it w is extremely imprudent to sit down and talk about the use of tourism money with people whom the City has hop �I to sue in order to out off their access to it. I! I; Councilmember Woodward said he understood it to be an informal gathering called by Chris Holm, and nOt sanctioned by any organization. The City Manager said the group had asked for three City representative , �f one was sent, and obviously no one would have been sent had he, the City Manager, known who some the participants were. He further said he did have a problem sending City employees anywhere that indidlid �L people are participating.11 _ .- g— Pt1BtiC-GO1gMEf$7- _. ) There were no additional public comments. 10. MEDIA INQUIRIES There were no media inquiries made. CITY: COUNCIL MEETING of February 2010 BOOK "U" ' '111. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.) The Mayor said the coming weekend would be the 1001" anniversary of the founding of the Boy Scouts, with a parade and program at the Josey Lodge on Saturday morning, and a banquet that night. Councilmember Woodward added that it was the 751" anniversary of the Josey Lodge, a vital part of the community, and that the City leases part of their property for a park. He also said the Boy Scouts in Huntsville predate the Boy Scouts in the U.S. by one year. Dr. McKibben said there would be a public hearing on Monday, February 8 at 6:30pm at the MILK Rec. Center, and that Bill Hobie of Texas Rural Affairs would be there. Dr. McKibben said it was for the STEP Program, the same program for which they had had a hearing in August, to replace water & sewer lines for low- income citizens. 11�112. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 to receive legal advice on issues in regards to permit renewals, Texas Alcoholic Beverage Commission regulations, and drinking establishments including but not limited to Shenanigan's. [Leonard Schneider, City Attorney] The Council adjourned into Executive Session at 7:40pm. �. '.13. RECONVENE a. Take action, if necessary, on item 12a addressed during Executive Session. The Council reconvened at 8:38pm. There was no discussion, and no action was taken. ' 14. ADJOURNMENT The meeting was adjourned at 8:38pm. Lee Woodward, City Secretary