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Minutes - 02/07/2012MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7TH DAY OF FEBRUARY 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE "CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:OOPM. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen COUNCILMEMBERS ABSENT: Clyde Loll OFFICERS PRESENT: Bit Baine. City Manaaer: Leonard Schneider. Citv Attorney. Lee Woodward. City Secretary WORK SESSION [5:OOPM] The Council will hear a presentation from the Texas Department of Transportation (TxDOT) concerning current initiatives in the area and by City Engineer Yellambalsi Ramachandra on traffic flow in the Sycamore Avenue area. [Bill Baine, City Manager] (The TxDoT Power Point will be available to view on www.huntsvilletx.gov beginning Wednesday, February 8, 2012. Councilmembers Fitch and Emmett arrived at 5 :09.) The Council thanked TxDoT Area Engineer David Stephens and District Engineer Catherine Hejl for their care of Walker County. Mr. Stephens said a Tight installation near the Goree Unit should be up in about two months. Aron Kulhavy, Director of Public Works, presented on behalf of City Engineer Ram Ramachandra and spoke about the Spur 59 extension project, giving a rough cost estimate of three million dollars, due to floodplain and drainage needs, and saying -the preliminary engineering should be back in four to six months. The Mayor noted the increased activity anticipated due to the University's work at the Gibbs Ranch. Councilmember Humphrey addressed the ability to put in a more developed road where there was currently undeveloped area. Councilmember Fitch noted pedestrians had been mentioned twice, but hoped sidewalks would first be installed where there was a greater need. Mr. Kulhavy confirmed they were conceptual at this stage. Mr. Kulhavy then discussed Sycamore Avenue conditions and improvements, saying staff was proposing a center turn lane the length of the road, with left turns at all four way stops and at Bowers Boulevard. He said he hoped this would help improve the flow of traffic at the intersections.. He said the total cost was anticipated at around $20,000.00. He noted an area with sight distance issues that will remain as striped by the developer. Councilmember Johnson asked about a four -way light system and was told that had been considered for a couple of intersections but that further study was necessary. Mr. Kulhavy said that type of light system would be $100,000- 150,000.00 and that Sycamore was on the City's Thoroughfare Plan as an arterial road, so future widening should be considered. Councilmember Fitch said he thought the plan for Sycamore was great from his perspective and would have great impact for the university and the community. Councilmember Montgomery thanked Mr. Kulhavy and his staff for finding a reasonable alternative and asked about ability to expand Sycamore. Mr. Kulhavy said development and redevelopment was being required to dedicate necessary right -of -way, but that existing development may require some acquisition. Mr. Kulhavy credited City Engineer Ramachandra for the layout and design. The Mayor closed the work session at 5:48. REGULAR SESSION [6:OOPM] 1. CALL TO ORDER [6:02PM] 2. INVOCATION AND PLEDGES U.S. Hag Texas Flag: Honor the Texas Flag. 1 pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Montgomery gave the invocation and guest Leah Harper of Premier High School led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS a. Presentation of Texas Municipal Clerks Certification Program graduates Mayor Woodward congratulated City Secretary Lee Woodward and Deputy City Secretary Kristin Edwards on achieving certification as Texas Registered Municipal Clerks. b. Proclamation 2012 -20 — Teen Dating Violence Awareness and Prevention Month, SAAFE House c. Mayor Woodward introduced the new City Marshall Byron Bush, who was sworn in Monday. 4. PUBLIC COMMENT a. Related -to any matter not on the agenda — 2 minutes per speaker b. Related to any matter on the agenda — 5 minutes per speaker c. Update from Natural Preservation Ad Hoc Committee - Conrad Liles of the Huntsville Beautification Board spoke about their upcoming annual golf tournament. - Linda Pease announced the upcoming Latin Festival events to occur next week. - Dan Jones of the Natural Preservation Ad Hoc Committee gave an update on their activities. - Liesa Hackett of the Noon Lions Club gave information on the group's flag project. - Delora King spoke about the proposed Community Enterprise Corporation, saying business drives the economy, not government, and characterized the Corporation as "another scam" to get the people's money. Katie Newman spoke about the proposed Community Enterprise Corporation, saying she was concerned about where the funds would come from, predicting tax increases -from the -City, the County, and the - Hospital District to- cover the expenses. She said she the proposed bylaws were also "full of loopholes." 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 Regular Session held on January 17, 2012. [Lee Woodward, City Secretary] b. 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, 2nd reading. [Leonard Schneider, City Attorney] c. 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, 2nd reading. [Leonard Schneider, City Attorney] d. Authorize the City Manager to reapply for, accept if awarded, and implement a 2013 General Victim Assistance Grant from the H -GAC /Texas Criminal Justice Division, and approve Resolution 2012 -12 in support of same. [Dr. Sherry McKibben, Community Development Specialist] e. Authorize the City Manager to enter into a contract with Fitzpatrick Architects for the purpose of building design and overseeing the construction of a tornado shelter. [Dr. Sherry McKibben, Community Development Specialist] f. Authorize the City Manager to apply for, accept if awarded, and implement the National Endowment for the Arts Grant. [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 Jones and Carter (JC). [Aron Kulhavy, 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 Klotz & Associates, Inc. (Klotz). [Aron Kulhavy, Director of Public Works] i. Approve Resolution 2012 -11, regarding the use of excessive force by the Huntsville Police Department for grant fund purposes. [Leonard Schneider, City Attorney] j. Consider the purchase of water meters to be used by the Department of Public Utilities.. [Billie Smith, Procurement Manager] k. Consider the award of various printing jobs used throughout various City departments. [Billie Smith, Procurement Manager] I. Consider the award of janitorial services for several City of Huntsville facilities as listed on bid tab. [Billie Smith, Procurement Manager] Councilmember Montgomery made a motion to approve the Consent Agenda and was seconded by Councilmember Humphrey. The motion passed unanimously. 8 -0. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2012 -14 amending the traffic schedule . to ratify stop signs at the intersection of University Avenue and 13th Street, first reading. [Aron Kulhavy, Director of Public Works] Councilmember Emmett suggested it was "overkill" to add these signs to the `over twenty" existing traffic devices within 100 yards. Mr. Kulhavy said this had been requested by citizens and the Downtown Business Alliance and that traffic studies and feedback had been positive. 7. MAYOR /CITY COUNCIL AND CITY MANAGER REPORT a. Presentation and discussion of departmental activities. [Standing item on first agenda of each month.] Carol Reed, Director of Public Utilities, gave an update on water projects, announcing the Texas River Authority (TRA) had received project approval by the Texas Commission on Environmental Quality (TCEQ) and that construction could possibly begin early in the summer. The Mayor confirmed with Ms. Reed that TRA would pass a resolution after ratification by the Council. Ms. Reed noted the intake structure was located several miles from the main area and was not on the model in the Council Chamber. Ms. Reed said the City should have plans for the developing Well 21 at Palm Street this week. Councilmember Montgomery asked where Ms. Reed thought the City might be by the summer. Ms. Reed said she felt "very secure" about the water supply due the health of the watershed but that it can be impacted by demand. She noted the expert predictions were rather grim and said that although the new well was better than the well that was lost, it would not increase overall capacity in the system. Mr. Baine said he was interested in accelerating the bid process and that the needs of the citizens had to be balanced with the need to have an open and fair bid process. b. Report on Council Retreat on January 28, 2012. [Mayor Woodward] 0. The Mayor said "communication" and "cooperation" were the key words resulting from the workshop_and that he felt very good about the day. He noted a follow -up, open, posted retreat would occur on March 24th. nti . _u . d ate-from -the- Go, ember iison] Councilmember Olson said there were eight meetings last year and discussed water rates extensively. He said there were three new members on the Committee and the goal would be to look over reporting, procurement, and other processes to increase the Council's familiarity with the City budget. The Mayor thanked the members. d. Possible action to approve nominations for City Boards and Commissions. [Mayor Woodward] The Mayor nominated Rav Black for the Parks and Recreation Advisory Board. Ann Hodges for the Arts Commission. Charlotte Oleinik for the Veterans Affairs Advisory Board, and Ce Schlicher for the Beautification, Board, notina nominations did not reauire a second. The motion passed unanimously. 8 -0. e. Presentation and discussion on the Community Enterprise Corporation (CEC) bylaws and terms sheet, and authorize the Mayor to sign documentation associated with the Corporation. [Councilmember Johnson] Councilmember Johnson noted the work of the Economic Development Ad Hoc Committee and recounted its steps. He said each of the proposed participating groups had also taken part in the development of the formation documents, which place no financial obligations on its parties, and was a first step. Councilmember Johnson noted the Ad Hoc Committee was offering its work and would take one seat on the proposed board, with the other four seats each held singly by the other organizations. Councilmember Johnson said the first order of business, after subscription by partners, was to hire a qualified, seasoned director, and responded to a question from Councilmember Montgomery, noting the document was an exposure to what was being proposed. The City Attorney, Leonard Schneider, noted this was not an action item at this time, but that, if formed, the Corporation would be private and the contract for it would have to be individually approved by each proposed entity. Councilmember Allen asked where the funds would come from for the next two years. Councilmember Johnson said it was his understanding that a large amount of the first year's funds had been obligated but also confirmed that there would be no debt to the City to cover funds if another entity could not fund their portion. The Mayor said he believed the Corporation was private and not subject to the Texas Open Meetings Act. Mr. Schneider said he would defer to the attorney who drafted it, Tom Sage [an attorney from Andrews Kurth, LLP, selected to prepare the discussed documents] but that he believed the Mayor was correct. Councilmember Allen also asked about Article III, Section 14, that the Directors could receive compensation for service and Councilmember Johnson said their discussions had been the opposite and that he did not believe it was ever intended. Mr. Schneider said he construed this as saying that a non - elected official who was serving as a Director and could provide another service could be compensated for such, although he doubted that would occur. Mr. Baine noted a proposed participant was Huntsville Memorial Hospital, not the Walker County Hospital District. Councilmember Fitch asked about Tom Sage and the Mayor confirmed he has not been paid by the City, but anticipated being used by the Corporation. Councilmember Fitch said he wanted assurance that Mr. Schneider would be providing oversight. The Mayor said that had occurred and would continue. Mr. Schneider concurred and mentioned some procedural safeguards he would seek, and said he would try to protect the City in any contractual documents. Councilmember Fitch expressed concern about the amount and type of work that had already been done and thought the newness of it necessitated workshops for the Council. Councilmember Johnson said Mr. Sage had brought the document together by information from the Ad Hoc Committee but that all entities expected to get more out of the corporation than they put in. Councilmember Fitch described it as putting a substantial amount of the public's money in a private corporation over which the City had very little control. The Mayor said it was not a stock corporation but organizing components of a non - profit corporation. Councilmember Fitch said he understood and supported the corporation's aims, but pressed again for more instruction for the Council on the process, particularly as Councilmembers would have to answer to the citizens on this. Councilmember Humphrey said Councilmember Fitch had some very good points and that she interpreted the — terms as "notes" and bylaws for a nonprofit corporation as a template and was pleased with the work done by the Ad Hoc Committee. She noted the Council would consider the contract but then not manage the contract, just as other things on which it votes, especially funding for non - profits. She lauded Councilmember Johnson and the discussion of the Council. Councilmember Olson said he liked that, once the basics were solidified, the politics were removed. He said the other entities were also part of the community and that the Corporation Director hired would support the City as well as the remainder of the community. Councilmember Olson emphasized this was a work in progress and supported the idea of workshops. The Mayor said he had met with the Ad Hoc Committee and the other partners being considered and said the motivation was "positive, legitimate, and constructive" for the community. Councilmember Fitch said he appreciated this being - brought to the - Council and - supported answering questions - and skepticism up front and encouraged the public to contact the Council with any concerns. Councilmember Montgomery asked what happened if the City did not participate and asked that tax issues also be addressed. Councilmember Johnson said his opinion was that this was the best thing he could think of to prevent tax increases as costs continue to go up.everywhere. He said he thought theoretically that the other entities would continue even if the City did not participate. Councilmember Allen said this was a test case for the current City Council and advised extreme caution and openness, saying it would color everything else. He suggested meetings so the citizens can attend and discuss, just like for the TRA issue. The Mayor said he agreed completely and asked Councilmember Allen to cosponsor a Town Hall meeting. Councilmember Allen agreed. Councilmember Humphrey was told the other proposed partners had also viewed the proposed bylaws and asked what the focus of the Town Hall would be. The Mayor said the Council was currently examining whether this was an organization in which the City wanted to participate, considering the documents being brought forward, then there would be a discussion on the contractual portion and what the Corporation would actively do. Councilmember Olson likened this to City donations to the Boys and Girls Club, that City money was invested there, as an investment in the future, which he didn't know the bylaws for, and in which children from across the County participated. The Mayor agreed, citing other examples. Mr. Schneider said it was a policy decision by Council and that he assumed the corporate records would be available for review before selecting to continue participating. Councilmember Fitch said he appreciated the comparisons but did want to know what the Corporation would do, as the Council knew about the Boys and Girls Club and others. The Mayor said the Ad Hoc Committee had done all it could do and it was now time for the Council to review, and that a decision to invest would be decided annually. Councilmember Fitch expressed concern about another entity not participating and how the Corporation could continue to survive. The Mayor noted you cannot bind future Councils and, as Councilmember Allen said, it would be a test of trust. Councilmember Johnson said a summary would be that going this way was choosing to be proactive rather than reactive. Mr. Baine said that if the City could do it alone, it wouldn't be where it is now, and that other participants would have to answer to their own constituencies but that all recognized something needed to be done. f. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. Mr. Baine said the library grand opening would be on February 25th from 2 -5pm. He said the plumbing for the new restroom was done and thanked the Council for grants passed on the Consent Agenda. Mr. Baine said the City had not stopped fire mitigation projects. He noted there were more upcoming purchases, including tires. He recalled the 5pm workshop by TxDoT and thanked the Council for a positive evening. 8. PUBLIC COMMENT Bill Gibson complimented the Ad Hoc Committee on their progress on the CEC and asked about the need for a tornado shelter passed in the Consent Agenda. Mr. Baine responded, saying it was the gym for the Boys and Girls Club, that there was grant funding for the facility, but that the requirement was that it be staffed all the time. Mr. Baine said it would be built on MLK across from the bus barn and did not cost the City any funding. The Mayor noted that in the event of use the shelter was only available to citizens, unlike the Storm Shelter, which was open to evacuees. Councilmember Humphrey thanked Mr. Baine for his reports. She also expressed her pleasure, at the City's HOT funds support of the SHSU FCS playoff games and the University's acknowledgment and gratitude for them. Mr. Baine said he had never seen such money used more wisely than these events. Anthony Ormsbee thanked the Council for its support of SAAFE House and its events. He also recounted work with a caller who contacted them and asked that leaders listen to young people. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA Lisa Trow, Editor of The Huntsville item, asked the Council to clarify whether meetings of the CEC would be subject to the Texas Open Meetings Act. The Mayor said he was drawing the distinction between a for - profit corporation in which one invested and that this was a non - profit corporation in which the City might participate. Mr. Schneider said the question of TOMA was premature which he would research and upon which he would advise Council. Mr. Schneider said there are-- - situations in which the records of a non - profit are open to the public. The Mayor said he understood the concern but felt this was being created in the way it was to prevent politics entering into the considerations. 10. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councifinembers, and City staff for which no action will be discussed or taken.) a. On Feb. 8, the SHSU Bearkat football team will be honored at halftime of the basketball game, which begins at 7pm in Johnson Coliseum. Councilmember Fitch said it would be a great event and encouraged support of both the men's and women's basketball teams. b. A public input meeting for the H -GAC Sustainable Communities Regional Plan will be held at the MLK Center at 7pm on Feb. 9. - - _ c. The Mayor noted the HHS Swim Team would compete in Regionals Feb. 10th and 11th in Magnolia, with the possibility of advancing to State, and wished them luck. d. The Mayor noted the library grand opening on Feb. 25th from 2 -5pm and encouraged the public to attend. e. The Mayor announced taping of SHSU's City Showcase would begin on Feb. 20m. The Mayor encouraged the community to share their events with the City. f. Councilmember Montgomery noted the upcoming Raven Ride on March 10th, a historically successful 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, claims involving„ the City of Huntsville vs. Walker County Special Utility District (WCSUD). [Leonard Schneider, City Attorney] The Council adiourned into Executive Session at 8:14o.m. 12. RECONVENE City Council reconvened into open session at 9:22 P.M. The Mavor made a motion to anorove the interlgc I agreement regarding water service discussed in Executive Session and was seconded by Councilmemher Olson. The motion passed unanimous) ". 8 -0. 13. ADJOURNNNT Mavor oodwamd adjourned the meeting at 9:23 p.m. I I 2 0 , oc d d, ecretary t,