MIN CC 02/18/2010CITY COUNCIL MEETING of February 2010 BOOK "U"
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16th DAY OF FEBRUARY, 2010, IN THE
CITY HALL, 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. Tuner, Tom Cale, Mac Woodward, Jack Wagamon, Dalene Zender, Melissa Mahaffey,
Charles Forbus, Lanny Ray, Wayne Barrett
COUNCILMEMBERS ABSENT: none
OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary
were
hearing.)
The City Council will hold a public hearing to receive citizen input on the Industrial Wastewater
Program Standards modifications. [Carol Reed, Public Utilities Director]
The public hearing was opened at 5:30pm.
Dr. James DeShaw presented several questions which were answered (below) by Carol Reed, Public Utilities Director
Ms. Reed said the updates to the Industrial Wastewater Pretreatment Program were prompted by the renewal of the M.$.
Davidson wastewater permit from the Texas Commission on Environmental Quality (TCEQ) because the program is tied
to this facility but applies to all the City facilities, and is required to be reviewed every five years. She said the majoir
updates were to the local limits for pollutants discharged, and that the major change in the City's system is that the
Robinson Creek Plant had been built.
Ms. Reed said she did not believe Sam Houston State University (SHSU) would be impacted by the program changes.
She also said that the timeline of the project was that the City had been working on it for three years, and that it would gp '
into effect ten days after passage by the Council. She also said that in some ways the changes would be more stringejjt
on industry, and some not, and that the City only had one industrial user at this time.
Mr. DeShaw said he would remain to hear additional information from Ms. Reed during the Council meeting.
The public hearing was concluded at 5:36pm.
WORKSHOP SESSION [5:40PM] (Councilmembers Ray and Mahaffey arrived before the workshop began.
Councilmember Cole arrived during the workshop. The City Attorney was not present for the workshop.)
Council will discuss final roads on the priority list. [Bill Baine, City Manager]
The Mayor called the meeting to order at 5:40pm.
City Manager Bill Baine said the TxDOT representative could not be there that evening. Aron Kulhavy, Director of P
Works, apologized for not providing smaller breakdowns for the Smith Hill Road project, as previously agreed upon,
the $6,500,000 on the list would be for all the improvements in the transportation plan for the length of the road.
Mr. Kulhavy went over the final roads on the list. The Mayor asked what a $500,000 improvement on Smith Hill
would encompass, and Mr. Kulhavy said they were considering making all the improvements for just a section of the
He also mentioned that the last three roads were TxDOT projects, and that David Stephens would come to speak
those. Mr. Kulhavy then discussed the traffic counts and volume handouts.
The meeting adjourned at 5:56pm.
REGULAR SESSION' [6:OOPM]
2. CALL TO ORDER
L� Mayor Turner called the meeting to order at 6 :00pm I
15. INVOCATION
Councilmember Barrett gave the invocation.
16. PROCLAMATION
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CITY�IGOUNCIL MEETING of February 2010 BOOK "U"
a. Proclamation 2010 -20, Severe Weather Awareness Week, February 21 -27, 2010.
PUBLIC COMMENT
There were no public comments.
18. PUBLIC HEARING
a. City Council will hold a public hearing to receive citizen input regarding changes to the Development
Code as submitted by the Planning and Zoning Commission. [Aron Kulhavy, Director of Public Works]
The public hearing began at 6:04pm. No members of the public presented themselves to make comments. The
public hearing was adjourned at 6:04pm.
19. CONSENT AGENDA
(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff
'.. recommendations. An item maybe 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 the 2ntl of February 2010. [Lee Woodward, City
Secretary]
b. Approve Ordinance 2010 -24 to authorize changes to the FY09 -10 Fee Schedule. [Winston Duke, Finance
Director]
c. Approve Resolution 2010 -21 endorsing and providing assurances on the funding of requirements of the
City of Huntsville's Industrial Pretreatment Program. [Carol Reed, Public Utilities Director]
d. Approve Ordinance 2010 -23 to make required modifications to the existing Industrial Wastewater
Ordinance, Section 46 of Huntsville Code of Ordinances, 1" reading. [Carol Reed, Public Utilities Director]
e. Approve Ordinance 2010 -21 to amend Chapter 44 Traffic and Motor Vehicles of the City of Huntsville
Code of Ordinances by adding No Parking restrictions along Bearkat Boulevard between Sycamore and
Bobby K. Marks, 2nd reading. [Aron Kulhavy, Director of Public Works]
f. Approve Ordinance 2010 -22, changes to the Development Code as submitted by the Planning and Zoning
Commission, 2nd reading. [Aron Kulhavy, Director of Public Works]
g. Approve Resolution 2010.22 approving the updated 2009 Parks Master Plan. [Sherry McKibben,
Community Development Specialist]
Councilmember Forbus made a motion to approve the consent agenda Councilmember Mahaffey seconded the
motion.
Carol Reed, Public Utilities Director, spoke on items c and d. She said the Industrial Pretreatment Program
monitors wastewater discharges from industry and permits qualified industrial users to protect the wastewater
treatment plant, wastewater workers, and the receiving stream. She said the City has had the program since
1982 and that the most recent revision was prompted by the renewal of the Texas Commission on Environmental
Quality (TCEQ) wastewater permit at the M.B. Davidson Wastewater Plant because the pretreatment program
was associated with that facility.
Ms. Reed also said the City was required to revise its local limits, the numerical limits of certain pollutants that
industry may not exceed in discharging to the City's collection system. The revisions, she said, being required
due to the addition of the Robinson Creek Wastewater Treatment Plant in 2003, which significantly changed the
Flow pattern. She also said the local program was last modified in 1995, and needed to incorporate larger
changes that had been made at the national level.
Councilmember Mahaffey asked about the $50,000- 60,000 stated in the information, and Ms. Reed said the
pretreatment program was funded as part of the Environmental Services Division, and that there was not a
budget for it other than man - hours. Therefore, Ms. Reed said, the amount was what was currently spent on the
program, not an additional expenditure.
Councilmember Woodward clarified that item b was for updates to the Fee Schedule, not changes, as stated in
the wording of the agenda item. Councilmember Mahaffey informed the Council that the Finance Committee was
currently doing a rate study, and that changes may be forthcoming.
20. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Update from the Hotel Occupancy Tax (HOT) Board. [Councilmember Forbus]
Councilmember Forbus first said that after Chris Holms made a presentation on behalf of the Walker County
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CITY COUNCIL MEETING of February 2010 BOOK "U ".'..
Tourism Roundtable, the HOT Board left open the possibility of participation by the City and would consid4v
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establishing a tourism bureau. Councilmember Forbus said the Board discussed possible nominees for the ExI*
Center /Indoor Arena Feasibility Committee and would submit the names to the Mayor for consideration, along
with Karen Fletcher as a recommended nominee to the HOT Board itself as a hospitality industry representative.'
Councilmember Forbus said HOT funds were dwindling and revenues were decreasing due to the economy. Hie
said the City Manager had said a new hotel was a possibility in the near future. Councilmember Forbus also said
the Board reviewed applications from the Sam Houston Folk Festival and the Walker County Historic *1
Commission,
Councilmember Forbus said Kimm Thomas, Director of Tourism and Cultural Arts, presented the Board with the
new Evaluation Fortes for events and commended her for the new Cultural Guide brochure. He said the Board
discussed funding of the Wynne Home and Oakwood Cemetery, and also that the Gift Shop was doing well and
encouraged shopping there.
Councilmember Woodward said he had noticed in the newspaper article on the HOT meeting that some
emphasis had been placed on preservation, and was pleased. Councilmember Ray reconfirmed the stale
permission of HOT funds for historic preservation, and said the County would match up to $4000 in donations for
preservation to the Gibbs - Powell Home. Councilmember Ray also said the Walker County Fair & Rodeo
Association would be coming to seek HOT funds.
b. Discussion and possible action on HOT Board recommendations. [Councilmember Forbus]
Councilmember Wagamon said he wanted to make sure that the nominations for the Expo Center /Indoor Arena
Feasibility Committee contained a diverse mix, including skeptics as well as supporters. The Mayor followed -Up
by encouraging all Councilmembers to consider this in their nominations, and especially nominees who live within
the City limits. Councilmembers Forbus and Ray assured Councilmember Wagamon that the currently
considered names did contain skeptics. The Mayor encouraged nominations from the public as well.
c. City Manager Report
1. Discussion of special election to provide fire protection outside the extraterritorial jurisdiction (ETJp.
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The City Manager said he and the Mayor were planning to meet with the County again, and hoped for mutual
cooperation. The Mayor agreed, that they were looking for a balance between services provided and
funding provided. The City Manager said he brought this item up for discussion, to know what the Council's
long -term will was for providing fire service in the absence of remuneration from the County.
2. Disposition of Huntsville's Promise building
The City Manager said he had been asked to consider donating the former HEAP building to the
Shepherd Mission, and was comfortable with that if the Council was, since they had been cons
salvaging the building. He said the Mission would use the building for counseling space. The Mayor a
there was asbestos, and the City Manager said they had a contract to remove that separately.
Councilmember Woodward said it sounded like a good idea, but he did not want to show partiality to
non - profit over another.
21. PUBLIC COMMENT
There were no additional public comments.
22. MEDIA INQUIRIES
There were no media inquiries made.
23. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councllmembers, and
City staff for which no action will be discussed or taken.)
Councilmember Wagamon reminded the public of the Ward 3 Town Hall Meeting at the MILK Center, Tuesday,
Feb. 23 at 6pm.
Councilmember Woodward reminded everyone about the activities set for March 2, for Sam Houston's birthday
and Texas Independence Day.
' CITY'I�COUNCIL MEETING of February 2010 BOOK "U"
'.124. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 561,
Section 551.071 to receive legal advice only on legal issues regarding employment matters and police
procedures. [Leonard Schneider, City Attorney]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 661,
Section 651.074(1) to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee, City Manager. [Mayor Turner]
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.072 for deliberation regarding purchase, exchange, lease or value of real property,
renegotiation of the golf course lease. [Bill Rains, City Manager]
d. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
.' Section 651.071 to receive legal advice on issues in regards to Texas Alcoholic Beverage Commission
(TABC) licensing requirements and Sam's Fast Food Stop Mart and Shenanigan's. [Leonard Schneider,
City Attorney]
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25. RECONVENE
0. Take all appropriate action in relation to executive session items.
The Council reconvened at 10:11 pm.
Councilmember Ray made a motion in regard to item 12d that the Council direct the City Attorney to negotiate a
resolution regarding Sam's Fast Food Stop and Shenanigan's Councilmember Woodward seconded the motion
The motion passed unanimously.
b. Establish and discuss future agenda items.
' 26. ADJOURNMENT
the meeting was adjourned at 10:12pm.
Lee Woodward, City Secretary
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