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MIN CC 08/17/2010City Council Meetings of August 2010 Book "V" MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TM DAY OF AUGUST 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. Turner, Mac Woodward, Jack Wagamon, Charles Forbus, Lanny Ray, Dalene Zender, Melissa Templeton, Wayne Barrett, Tom Cole COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Bill Baine, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary REGULAR SESSION* [6:OOPM] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:00pm. 2. PLEDGES OF ALLEGIANCE 3. INVOCATION Councilmember Barrett gave the invocation. 4. PUBLJC COMMENT Audrey Wright thanked the Council for improving the health situation with her neighbors, and requested that Code Enforcement be continued. She also asked for a local health department and increased animal control legislation. Tarek Maalauf said he has read in the press that he is affiliated with citizens running for City Council, and that it is part of an attempt to discredit them. He stated he did not personally know any of them. S. 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 discussi4 by request of a member of Council.) a. Approve the minutes of the City Council workshop and meeting held on the 3rd of August 2010 and the minutes of the budget workshop held on August 11, 2010. [Lee Woodward, City Secretary] b. Approve the Joint Election Agreement with Walker County for a municipal election on November 2, 2010. [Lee Woodward, City Secretary] c. Approve Vining Sparks as an authorized brokeridealer for the City to use for future trades. [Winston Duke, Finance Director] d. Authorize the City Manager to sign the extension for the golf course lease with Sam Houston State University (SHSU). [Bill Bain &, City Manager] Councilmember Forbus made a motion to apQrovaeAhe Consent Aaenda Councilmember Ray seconded the motion and requested that item d be oulled Councilmember Wagamon asked to pull item a Councilmember Woodward asked the City Secretary to confirm in the Joint Election Agreement that early voting would be at the Walker County Annex, which she did. Councilmember Forbus asked Steve Ritter, Financial Manager, to discuss item c. Mr. Ritter said this item was to add Vining Sparks as an additional source from which the City could purchase securities. The vote for items b and c passed unanimously, Councilmember Wagamon made a motion askino the minutes to reflect an asked and answered question concemina pace 1 of the 5-year CIP discussed in the August 3 2010 workshop Councilmember Woodward seconded the motion. Councilmember Wagamon stated that the question concerned lines 10 and 11 referring to FM 980 Fire Protection Phase I, which was noted as Phase II in the meeting, implying an ongoing Phase I. He said that Council was told it could be worked on in November, or as early as August, and that it was important to include in the minutes. The motion for item a passed unanimously. Co rye Imarmher Ray made a motion to approve item d. Councilmember Forbus seconded the motion. • Councilmember Ray said the item deserved independent discussion and vote because of lengthy previous discussion and the significance. He pointed out that the University included that in the future they would consider buying the course back, and the City would continue to help with maintenance, in the spirit of working with the University. Councilmember Wagamon asked about (5) on the agreement, saying he would like to have a discussion about the scope of what type of commitment the City might City Council Meetings of August 2010 Book "V" undertake in relation to water retention and flooding. Councilmember Forbus it benefited the City also, and bridges on Veteran's Memorial, if flooding there were corrected, • City Manager Bill Baine said he had asked Dr. Gibson to build a retention pond by the former Agriculture Center, in exchange for demolishing the buildings, if TDCJ could be counted on for offender assistance. He said Dr. Gibson had agreed to help the City bear any marginal costs on the project, and that this was in the spirit of cooperation which she had shown previously. He said it was controversial to spend money on drainage, but that he would be remiss if he had not asked for the arrangement if the University considered demolishing the Ag. Center buildings. Councilmember Templeton said that (5) seemed a little loose, but was glad the City Manager had heard their concerns. She said she thought Mr. Baine had done a good job of managing this issue thus far. She received confirmation that the City Manager could not spend over $30,000 without seeking Council approval. Councilmember Wagamon suggested that there needed to be a discussion of "in -kind" limits, as there was an expense associated with that. He read items from the Development Code concerning developers' responsibility concerning downstream run -off, and said the City has not taken on the responsibility at the point the permits are approved, and should hold developers responsible. Counclmember Barrett said he thought Mr. Baine had done a good job of "horse - trading" and cooperation with the University, and that he thought Dr. Gibson also wanted such with the City. Councilmember Barrett said Mr. Baine always had the City's interests at heart and that he thought the Council could trust him to make good decisions about the way the City worked with the University. Councilmember Ray said he thought the agreement was good and that he intended to support it, but also thought perhaps they should ask the City Manager to come to Council if he intended to do work at the golf course. Leonard Schneider, City Attorney, said he had no objections, although (5) was vague. He suggested an addition to the motion if the Council wanted the City Manager to bring expenditures over $30,000 to the Council. The motion for item d passed 8-0 Councilmember Woodward filed a Conflict of Interest statement and abstained. 6. STATUTORY AGENDA a . Presentation, discussion, and possible action on option agreement and water supply agreement with Montgomery County Municipal Utility District Nos. 8 and 9. [Carol Reed, Director of Public Utilities] • The Mayor said the Council would like to combine this item with the related Executive Session item. Councilmember Woodward asked if action was anticipated tonight. The City Attorney said it was up to the Council, although he did not anticipate any action. b. Presentation, discussion, and possible action on engineering services agreement with Crespo Consulting for the system capacity study. [Carol Reed, Director of Public Utilities] Councilmember Woodward made a motion to approve the agreement Councilmember Wagamon seconded the motion Carol Reed, Director of Public Utilities, said this item had been discussed several times, and could answer questions raised over water supply, well and aquifer capacity, and number of equivalent connections. The Mayor said the amount being discussed was $39.960. Councilmember Woodward said the proposal looked as though it would cover every component of the City's water system, and would take six months or a year, and was valuable for the City to do. Ms. Reed said initially they wanted to study the safety of the aquifer, but, as Council had additional questions, the scope of the study was expanded. The Mayor reminded the Council that there was a rate study being conducted that would be ready around November, and the system capacity study would be ready about February. Councilmember Templeton asked if sprinkler usage would be answered in this study, but Ms. Reed expected it would be part of the rate study, which Mr. Ritter confirmed. Councilmember Woodward said he had asked about being able to calculate the total number of water users. He asked if Council could add requests for information to the study as it progresses, and Ms. Reed said she felt Crespo would have the willingness and ability to do so, though there may be an additional cost. The motion passed unanimous) • 7. MAYORICITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion and possible action on nominations for appointments to boards and commissions. [Mayor Turner] The Mayor made a motion to approve a list of appointments and reappointments (below) Councilmember Zander seconded the motion. City Council Meetings of August 2010 Book "V" NominationstReappointments for Boards and Commissions Huntsville Arts Commission Reappoint Russell Martinez Reappoint Patsy Ann Reed Reappoint Margaret Smith Hotel Occupancy Tax Board Reappoint Councilmember Beautification Advisory Committee Dalene Zander Appoint Conrad Liles' Appoint Corey Lazar' Huntsville Housing Authority Reappoint Helen Belcher Reappoint Rolando Salazar (*David Moormon and Bill Dawson have asked to be Reappoint Darryl Gardner relieved.) Board of Adjustments and Aooeals Reappoint Larry Graves Reappoint Tom Davis Huntsville Cemetery Advisory Board Reappoint James Patton Reappoint Gene Barrett Reappoint Percy Howard Reappoint Bonnie Thorne Reappoint D'Anne Crews Public Library Board Reappoint Glinda High Reappoint Marion Barren Main Street Program Advisory Committee Reappoint Ferne Frosch Reappoint Cheryl Spencer Reappoint Rev. Scott Dornbush Parks & Recreation Advisory Board Reappoint Chris Holm Reappoint Nate Grigsby Economic Development Council Reappoint Jack Setterberg Planning and Zoning Commission Reappoint Tom Blackard Reappoint Rowe Creager Reappoint Sally Nelson The motion passed unanimously. b. Discussion of Council tour to Weatherford. [Councilmember Zander] Councilmember Zander said she, along with Councilmembers Wagamon and Barrett, toured Weatherford, an international company focusing on technology and other services for drilling in the oil and gas industry, and has about 200 employees locally. She said Weatherford Engineering Manager Jack Setterberg took them through the entire facility, and would be happy to do the same for other interested Councilmembers. Councilmember Zander refreshed the Council's memory that, in 2007 and 2008, the Council had voted for tax abatements for Weatherford. She said the company had been a great partner and unique addition to the area. Councilmember Forbus said he had been on the tour with the Mayor and Mr. Baine, and described it as a great facility, and a good citizen that provides good - paying jobs. Councilmember Barrett said he appreciated the opportunity to go and called it a showcase facility. He noted that another Weatherford location had recently been closed in a community that was not able to gain the expansion that Huntsville had, and that much of that equipment had come to Huntsville. c. Presentation, discussion and possible action regarding update of ongoing litigation against the Huntsville - Walker County Chamber of Commerce to recover misspent and misapplied Hotel Occupancy Funds, primarily to update the citizens and council as to what has occurred and is in the public record and or available to the public. [ Councilmember Ray] Councilmember Ray confirmed the issue was set for mediation on September 3 and that he hoped he would be reporting a resolution at the next Council meeting, while noting that the attorneys were working hard to prepare, should a trial remain necessary. He said the Summary Judgment was scheduled for August 24, on the counterclaims against the City. He said the Motion for Disqualification was set for August 5, and the City received Waivers of Conflict of Interest just before that and that there will be no attempts to set off the trial date, still set for earty October, unless settlement occurs before that. d. City Manager's Report 1. Update on budget process. The City Manager had a short video shown on the "pigging" of the water lines in Forest Hills. • • • He also encouraged the public to purchase the Soldier Commemorative Coins. • Tom Wager, Project Manager, confirmed that John Ken Smither had signed an agreement on three parking spaces on 1e Street for employee parking during the library expansion, and that he had delivered a contract to the St. James Church, in hopes that they would permit the use of their lot for the length of the project. He confirmed that construction would begin the following Monday, and that parking and sign changes and improvements would be made to facilitate traffic during construction. The City Manager gave an update on the budget, saying money was down, and that the library expansion and new fire station needed to be paid for. He thanked the public for their interest in the process. 8. PUBLIC COMMENT There were no additional public comments. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 10. 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 he would like to note the groundbreaking at the library earlier in the day was a glorious event. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 — consultation with counsel on legal matters including current and pending litigation, including, but not limited to, the City of Huntsville vs. HuntsvillelWalker -County Chamber of Commerce, and Barbara Freeman. [Leonard Schneider, City Attorney] b. City Council will convene In closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 - consultation with legal counsel, and Section 551.072 - deliberation regarding purchase, • exchange, lease, or value of real property, to deliberate the sale or lease or water to, and to receive legal advice regarding water supply agreements with Montgomery County Municipal Utility District Numbers 8 and 9. [Carol Reed, Director of Public Utilities] The Council adjourned at 6:56pm, to reconvene in Executive Session at 7pm. 12. RECONVENE a. Take action, if necessary, on item addressed during Executive Session. The Council reconvened at 8:19pm. seconded the motion. The motion passed 8-1 with Councilmember. Woodward voting against 13. ADJOURNMENT lJ M1