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Minutes - 01/17/2012MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF JANUARY 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 3:OOPM. The Council met in a workshop and reaular session with the following• - COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Clyde Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Bifl Baine. City Manaaer: Leonard Schneider, City Attorney. Lee Woodward. City Secretary SPECIAL MEETING [3:OOPM] 1. CALL TO ORDER 2. Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. 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 current litigation and mediation of the current litigation involving- the City of Huntsville vs. the Huntsville/Walker - County Chamber of Commerce and Dee Everett. [Leonard Schneider, City Attorney] The Mayor announced that Councilmembers Montgomery and Humphrey had signed Conflict of Interest forms prior to the meeting and would not be taking part in the session. The Council adiourned into Executive Session at 3:01 pm. 4. RECONVENE a. Take action on items discussed in Executive Session, if needed. The Council reconvened at 5:20. Councilmember Fitch made a motion to accept the Rule 11 agreement as submitted to settle for $361.000 in one payment and to authorize the Mayor and City Attorney and staff to sian the document. Councilmember Emmett seconded the motion. Councilmember Fitch said this had not been an easy decision and asked for the support of the citizens to move forward. The Mayor thanked Councilmembers Fitch & Emmett for being part of the process, and thanked Mr. Baine and Mr. Schneider for their assistance. The Mayor said he agreed with Councilmember Fitch's observations that there were not winners, but that it was time to put this to rest, as there were too many other good things to do in the community. The motion passed unanimously. 7 -0. The Council adiourned at 5:26Dm The City Council reserves the right to adjourn and reconvene this special meeting, as many times as necessary between the hours of 3:OOpm and 6 :OOpm to facilitate mediation between the City of Huntsville and the Chamber of Commerce and Dee Everett. The City Council also reserves the right to continue this special meeting past 6:OOpm to facilitate the mediation concurrently with the regularly scheduled meeting. 5. ADJOURNMENT REGULAR SESSION [6:OOPM] 1. CALL TO ORDER 2. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Montgomery gave the invocation and guest Raquel Gutierrez of Premier High School led the pledges of allegiance. 3. PUBLIC COMMENT Linda Summers spoke about the need for handicapped parking to access the north side of 11th Street by Tickled Pink, where she asked a ramp be constructed. She announced the non- profit Huntsville Walker County Pet Organization would have a public event on April 14, from 10 -5:30, but did not state the nature of the event. 4. PRESENTATION Presentation by Utility Service Providers (USP) on the National League of Cities (NLC) Service Line Warranty Program. Aron Kulhavy introduced Blake Stogner who presented information on the program, noting that residents could purchase warranties on sewer and lateral lines on the non -City side of the system, noting that the company used local plumbing contractors to perform work to code standards. He said the City would receive a reimbursement of a portion of the premiums or choose to reduce premiums to homeowners. Councilmember Emmett asked about plumbing contractors conducting street repairs, and Mr. Stogner said the repairs would be to Code. return --to- questions - Councilmember -Humphreywastoid that this company did not market in areas without the participation of the City and Councilmember Allen received assurance that the company was insured or bonded with the State in cases of business failure. Councilmember Emmett asked about the company's guaranteed one - hour - callback and usual 24 -hour repair period, noting that he believed it may take a line - locating company 48 hours to perform. 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.) b. Approve the minutes of the City Council Regular Session held on January 3, 2012. [Lee Woodward, City Secretary] c. Adopt Ordinance 2012 -10, amending Chapter 44 of the Code of Ordinances by adding Section 44 -170 to Article VII, for the regulation of the use of handheld mobile telephones and mobile communication devices in school zones, and providing for a penalty and other findings, 2nd reading. [Chief Kevin Lunsford, Director of Public Safety] d. Approve Ordinance 2012 -13, amending the budget for FY2011 -12. [Winston Duke, Finance Director] e. Authorize the City Manager to apply for, accept if awarded, and implement an application to the Texas Parks and Wildlife Department (TPWD) Recreational Trails Grant Program, and approve Resolution 2012 -10 in support of same. [Dr. Sherry McKibben, Community Development Specialist] f. Authorize the City Manager to apply for, accept if awarded, and implement the Fruit Tree Planting Foundation grant to establish an orchard at Emancipation Park. [Dr. Sherry McKibben, Community Development Specialist] g. Consider a standardized General Service Agreement for Engineering and related Professional Services between the City of Huntsville and the consulting Engineering firm of Schaumburg & Polk, Inc. (SPI) [Aron Kulh-avy, Director of Public Works] h. Consider a standardized General Service Agreement for Engineering and related Professional Services between the City of Huntsville and the consulting Engineering firm of McClure & Browne Engineering /Surveying, Inc. [Aron Kulhavy, Director of Public Works] i. Consider the award of Task Order #3 of the McClure & Browne Engineering /Surveying, Inc. General Service Agreement for Spur 59 Extension Preliminary Design. [Aron Kulhavy, Director of Public Works] j. Consider the award of Task Order #4 to Schaumberg and Polk (SPI) for engineering and design services for the Safe Routes to School (SRTS) project. [Aron Kulhavy, Director of Public Works] Councilmember Johnson made a motion to aoorove the Consent Agenda and was seconded bv Councilmember Olson. Councilmember Humphrey asked to pull item c and asked for a definition of a task order. Mr. Kulhavy said that, under a General Service Agreement, it was a request for a specific project. The motion passed unanimously.. On item c, Councilmember Humphrey expressed concern about payroll adjustments this early in the budget year and asked the Finance Committee about the requests. Councilmember Humphrey moved to approve the item and was seconded bv Councilmember Olson. Winston Duke noted the amendment to Main Street's budget due to a fundraiser in the last Fiscal Year and a December event whose monies were being moved and was considered "new money" but was not from reserves, and that the position was noted as seasonal because it was part-time. Councilmember Humphrey was told that the position would have to be rebudgeted to continue forward. Councilmember Fitch asked about a library employee becoming full -time from part -time and Mr. Duke said it had been correctly noted in the budget but later recorded incorrectly, but that this was not an increase in either full- or part-time positions. The item passed unanimously. 6. STATUTORY AGENDA a. Possible action to approve Ordinance 2012 -11, authorizing participation with other Entergy service area cities in matters concerning Entergy Texas, Inc., at the Public Utility Commission and the Federal Energy Regulatory Commission in 2012, 1st reading. [Leonard Schneider, City Attorney] Leonard Schneider noted the City had approved the Lawton Law Firm to represent in one case but that this would permit them to do so all of 2012 and that he recommended passage. b. Possible action to approve Ordinance 2012 -12, amending the Code of Ordinances, regarding the Hotel Occupancy Tax (HOT), specifically Chapter 42 "Taxation ", Article III, Division 1, by adding a new -section 42 -54; making other provisions and findings thereto; and declaring an effective date, 1st reading. [Leonard Schneider, City Attorney] Mr. Schneider noted the State had made these changes and that this was to update the City Code to be in line. c. Possible action to approve Ordinance 2010 -33, amending the Tax Increment Reinvestment Zone #1 project plan, finance plan, and revising the boundaries of TIRZ #1, 2nd reading. [Aron Kulhavy, Director of Public Works] Councilmember Johnson made a motion to approve the item and was seconded by Councilmember Olson. Mr. Baine said a turning lane had been necessitated_and thatlxDOT required the developer -to build it and - -was -about two years old. The motion passed unanimously. 7. MAY i Y t.UUNUIL AND CITY MANAGER REPORT a. Possible action to appoint a member of Council as the City Alternate Representative to the Houston - Galveston Area Council (H -GAC) General Assembly. [Mayor Woodward] The Mayor nominated Councilmember Loll and was seconded by Councilmember Montgomery. The motion, passed unanimously. b. Possible action to nominate an informal committee for annual review of the City Council Rules of Procedure. [Mayor Woodward] The Mayor appointed himself and Councilmembers Olson and Humphrey as an ad hoc committee to perform the review and report back to,Council. c. City Manager's Report 1, Updates on City construction, grants, studies, City projects, City purchases, and economic development. Mr. Baine said the Kate Barr Ross park bathrooms and the library were proceeding and a video was being made. He said a sidewalk along the old railroad right -of -way and noted the University had pledged funds. He noted a need for a work session on the new traffic patterns on Sycamore and also wanted to discuss the closing of Old Houston Road at Highway 19 by TxDOT. 8. PUBLIC COMMENT Kendall Scudder gave an update on the job shadowing program on which the Youth Advisory Board was working. He also discussed the fundraiser for the current class of the Chamber's Leadership Institute. 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 noted the Wynne Home was hosting a closing reception for its current exhibit. Councilmember Emmett thanked the Promenaders for inviting him to their state convention held here recently. Councilmember Olson noted the local Wounded Warrior benefit was the number one grossing event in the nation. Mr. Baine mentioned a large claim on insurance and the AA Fitch rating the City had received and thanked Mr. Duke for his work. Councilmember Humphrey thanked Councilmember Fitch and local law enforcement for the escort when the SHSU team left town for the playoff game. The Mayor again thanked Councilmembers Emmett and Fitch and Raquel Gutierrez. 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, claims involving, and the City of Huntsville vs. the Huntsville/Walker - County Chamber of Commerce and any mediation consideration; and Darrel Tarvin, Individually, and D &S Entertainment, Inc., d /b /a Shenanigans vs. the City of Huntsville. [Leonard Schneider, City Attorney]. [Leonard Schneider, City Attorney] The Council adjourned into Executive Session to receive a brief update on a new lawsuit at 6:51 pm. 12. RECONVENE City Council reconvened into open session at 7:13 p.m. 13. ADJOURNMENT Mayor Wood I P /t odward, Ci ecr adjourned t eeting at 7:13 p.m.