The Huntsville Item, Huntsville, TX

Local News

October 5, 2009

City to discuss alcohol sale hours

HUNTSVILLE — A proposed ordinance that would extend the hours for the sale of alcoholic beverages goes before the Huntsville City Council for a second reading tonight.

The council meets in regular session at 6 p.m. at City Hall.

The nine members will also meet in a workshop session at 5:30 p.m. to hear an update on the Town Creek grant from city manager Bill Baine.

The proposed ordinance is among 25 items facing the council during tonight’s meeting.

If approved, the ordinance would allow alcoholic beverage permit holders to obtain a late hours permit to sell alcoholic beverages, beer and wine between midnight and 2 a.m. on any day.

Currently, alcohol sales must end at midnight Sunday through Friday and at 1 a.m. on Sunday.

The ordinance would extend the sale of alcohol by two hours Sunday through Friday and until 2 a.m. Saturday.

Huntsville residents can voice their opinions on the proposal during the public comment segment held at the outset of the meeting.

Council member Charles Forbus and Dalene Zender introduced the ordinance for its first reading at the council’s Sept. 15 meeting with the second reading set for tonight.

Huntsville businessman John Kerr Smither approached Forbus and Zender after he obtained 70 signatures from businesses and Sam Houston State University students and faculty on a letter supporting the extension of the hours based on economic development, increasing sales tax revenue and keeping students and others from driving to area towns to continue drinking once drinking establishments closed at midnight here.

Zender said the issue has been on the “back burner for as long as I have been on the council. I think it’s long overdue to have a serious conversation about it. It’s worthy to come back for another discussion and get public input as well.”

Zender said she and council member Mac Woodward held a workshop in 2007 about extending the hours, but the issue never made to the council agenda.

Dr. Roseanne Keathley, professor of health at SHSU and coordinator of the university’s Drug Abuse and Alcohol Initiative spoke in favor of the proposal she said would keep students from driving out of town.

City secretary Lee Woodward also read a letter from SHSU President Jim Gaertner, who also favored the proposal.

Forbus said he has received positive and negative input, but mostly positive, and he expects a number of people to voice their opinions about extending the hours and that it will be open for discussion among council members.

“Council members will have to vote their own conscience on it,” Forbus said, “but as far as it being an economic situation I don’t feel that way at all. My main concern is taking care of the students and young people who drink and even the older people who drink and keep them from driving to Conroe, Bryan-College Station or Trinity after the bars close here.

“I think the university is doing as much as it can to keep kids in town. I’ve talked to a couple of bar owners who have said this wouldn’t affect their hours at all.

“I’ve received responses from other businesses and restaurants who said they are for it.”

Forbus said he is still mulling over the proposal.

“It’s just an issue people want to talk about and want to bring up for discussion,” he said. “I believe there is some merit to extending the hours to keep the kids in town.”

During the Sept. 15 meeting, council member Lanny Ray talked about sales tax revenue generated by the proposal and other venues opening because of the extended hours.

He also mentioned students leaving Huntsville on weekends because they say there is nothing for them to do here and drinking establishments stay open longer where they are from and he pointed to the safety issue about students not traveling out of town to continue their socializing.

Ray said his decision may come down to government intrusion.

He said the ordinance could be titled reducing government intrusion into the free market sale of alcoholic beverages.

“I am against government intrusion,” he said. “Nobody comes by my office and tell me to stop working on an appellate brief. If a business thinks it can profit by staying open longer, I don’t think we should prohibit it from doing it.

“I am not a big believer of government intrusion. I will fall back on that when it comes time to duck my head and stick my hand in the air.”

Mayor J. Turner agreed with Ray, saying “we shouldn’t be telling a business what time it opens or closes. It’s government intrusion.”

“I realize alcohol is different, but I am not comfortable that the City of Huntsville sets policy as to what time a business open or closes.”

Council member Tom Cole said “the law tells everyone that 12 o’clock is a good time to cut things off and get ready for the next day.”

He said he intends to oppose the ordinance.

Council member Wayne Barrett said he did not see how the proposal would contribute to students’ safety and well-being or be in the best interest of residents.

He said he didn’t feel that extending the hours sent the right message to students.

Items on tonight’s agenda include:

• Adopt Resolution 2010-2 designating The Huntsville Item as the official newspaper for the City of Huntsville for FY2009-10.

• Approve the annual Bentley Systems maintenance agreement in the amount of $27,000 for software licensing, support and training.

• Authorize the city manager to execute a two-year (three-year optional) contract with SuddenLink Communications for Internet access in an amount not to exceed $12,600 per year (for a total three-year contract not to exceed $38.000).

• Approved the purchase of PCs at a cost not to exceed $82,000, and the purchase of servers and networking equipment a s a cost not to exceed $52,000, to be funded from budgeted funds.

• Authorize the city manager to execute a three-year contract with Dell for Microsoft licensing and software assurance in an amount not to exceed $53,000 per year (for a total three-year contract amount not to exceed $111,000).

• Approve the purchase of the annual crimes license agreement at a cost not to exceed $30,000 for FY2009-10 to be funded from budgeted funds.

• Approve the payment of Incode annual maintenance in the amount of $27,664 to be funded from budgeted funds.

• Authorize city manager to execute a one-year contract with two additional one-year options to renew with Baskins Department Store, Huntsville, in the estimated amount of $13,000 per year.

• Authorize city manager to reject proposal with the possible intention of using hanger located at Bruce Brothers/Huntsville Regional Airport for a city use facility.

• Presentation, discussion, and/or possible action regarding adoption of Ordinance 2009-55, amending the Official Zoning Map of the City of Huntsville.

• Presentation, discussion, and/or possible action to approve the dedication of a drainage and utility easement to the LWD Family Partnership for future use by the U.S. Army Corps of Engineers (USACE) in support building construction.

• Discussion and possible action on new appointments and reappointments to various boards and commissions of the City of Huntsville.

• Discussion and possible action to adopt Ordinance 2010-3 amending and ratifying the Employee Medical Benefit Plan adopted and approved by City Council on Sept. 10, 2009; and making other findings and provisions related thereto.

• Discussion and possible action to Adopt Resolution 2010-4 to authorize and approve the dissolution of the Raven Hills Higher Education Corp., the issuance and filing of Articles of Dissolution and ordering other matters incident and related to the abolishment of such non-profit corporation.

• Discussion and possible action to designate representative and alternate to 2010 General Assembly of the Houston-Galveston Area Council.

• Discussion and possible action to adopt an Ordinance 2010-2 to prohibit the sale of animals along roadsides and in parking lots.

• Discussion and possible action to adopt Ordinance 2009-59 adopting extended hours for the sale of alcoholic beverages pursuant to Texas Alcoholic Beverage Code Section 105.03, which would allow alcoholic beverage permit holders to obtain a late hours permit to sell alcoholic beverages, beer and wine between midnight and 2 a.m. on any day.

• Discussion and possible action to adopt Resolution 2010-1 to TxDOT requesting improvements on state Highway 19.

• Discussion of presentation of Highway 19 letter and Resolution 2010-1 to TxDOT in Austin.

• Discussion and possible action to approve nomination by Mayor of committee to review Brookview Subdivision, as discussed during the Sept. 22, 2009 Special Session.

• Discussion and possible action on improvements to Smith Hill Road.

• Discussion and possible action on first reading of Ordinance 2010-1 for proposed Franchise Agreement and COSA with CenterPoint Energy Texas Gas Operations.

• Provide information on program administrator for Neighborhood Stabilization Program Grant.

• Executive session — City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 – consultation with counsel on legal matters involving possible claim asserted by former assistant city manager; City of Huntsville v. Huntsville-Walker County Chamber of Commerce, et al.; possible claims asserted by Marion Harvey; consultation on legal issues on CCN and Walker County SUD; consultation on Tanaska 1999 TRA Bonds; update and consultation on TIRZ No. 1 contract; and Sandy Clark v. City of Huntsville and update on legal efforts to recover overcharges by Entergy on electric bill, street lights; discussion of personnel matters involving incident with George Russell.

• City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.074 - personnel matters regarding the annual evaluation and contract of City Manager William Baine.

• Reconvene — Take action, if necessary, on items 10a and 10b addressed during executive session.

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