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Minutes - 10/18/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 18TH DAY OF OCTOBER 2011, IN THE CITY HALL, LOCATED AT 9212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Mac Woodward, Jack Wagamon, James Fitch, Lydia Montgomery, Keith D. Olson, Tom Cole, Don H. Johnson, Wayne Barrett OFFICERS PRESENT: Bill Baine City Manager Leonard Schneider City Attorney, Lee Woodward City Secretary WORKSHOP SESSION [5:0013M] — Council will discuss Public Information Requests and Records Retention with the City Secretary. [Lee Woodward, City Secretary] Councilmember Barrett was not present for the workshop. Ms. Woodward gave a PowerPoint presentation discussing statistics regarding FY10 -1 1 Public Information Requests and proposed revisions to the Records Retention Schedule. REGULAR SESSION` [6:00PM] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:00pm. 2. INVOCATION AND PLEDGES — The Mayor gave the invocation. 3. PUBLIC COMMENT Karl Davidson spoke on item 5c, discussing economic development and the Crespo water capacity study. Walter Boyd, Sr. spoke in support of Karl Davidson and his mayoral campaign. 4. 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 October 4, 2011. [Lee Woodward, City Secretary] b. Approve Ordinance 2012-03, the proposed annexation of 72.09 acres (two tracts), 2°d reading. [Aron Kulhavy, Director of Public Works]: Tract No. 1 being 24.04 scree, more or less, situated in the WARREN BIRDSELL LEAGUE. A-6, Walker County, Texas and being out of and a part of the called 71-acre "Second Tract' conveyed by J. H. Thomason and wife, Marguerite E. Thomason, and Mabel S. Eastham to Horace Smith and wife, Alverta Smith, by deed dated March 22,1940, recorded in Volume 94, Page 190, Walker County Deed Records. Tract No. 2 being 48.05 acres, more or less, situated in the, WARREN BIRDSELL LEAGUE, A-6, Walker County, Texas, and being out of and a part of a called 219 -acre "First Tract" and a called 71 -acre "Second Tract ", conveyed by J. H. Thomason and wife, Marguerite E. Thomason, and Mabel S. Eastham to Horace Smith and wife, Alverts Smith, by deed dated March 22, 1940, recorded in Volume 94, Page 190, Walker County Deed Records. c. Ratification of the City Manager's approval of Task Order #8 to Klotz & Associates for the design, bidding, and construction phase services for a new water supply well in the amount of $112,103.00. [Carol Reed, Director of Public Utilities] d. Consider the award of contract to purchase various chemicals used at the City's water and wastewater plants. [Billie Smith, Procurement Manager] Councilmember Woodward made a motion to approve the Consent Agenda Councilmember Cole seconded the motion. The Mayor declared the motion passed unanimously. S. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Possible action to approve nomination of Dr. Sherry McKibben as City Representative to the H-GAC Sustainability Consortium. [Mayor Turner] The Mayor made a motion to approve the nomination Councilmember Woodward seconded the motion The Mayor declared the motion passed unanimously. b. Possible action to approve Resolution 2012-02 stating Council support for the Economic Development Ad Hoc Committee to develop an Ordinance for Community Enterprise Board and organization. [Mayor Turner] The Mayor made a motion to approve Councilmember Barrett seconded the motion. �..)Ur1(:IrrrA3rrlUGr YYVWVVAIJU III aUtl t( i(IUItU(F 4U ai I jai lu UIG UIIIU 7!IlUiliu W aYY VIUiQi14G iW T�1a�rvi.v�.11V vo ron,V...N' efforts to attract new and encourage existing high- guality." Discussion of optional wording continued to reflect a desire to retain and support existing business and the acknowledgement that this was already a primary goal of the ad hoc committee. The Mayor moved to amend the finding to read "Whereas the City Council seeks to enhance its economic It velwment efforts to attract new and encourage existing high - duality development and employment..." Councilmember Woodward seconded the motion The motion passed unanimously. The Mayor said he expected the committee would continue to the "finish line," to draw up formation documents (articles of incorporation, by -laws, a "ratification document," and a job description for the director of the non - profit). Councilmember Wagamon said much had been made of the "Auburn moder but felt the City would lose ground by saying it supported base jobs and then not commit to it. Councilmember Wagamon moved to amend the Resolution to include "Whereas the Council recognizes that base lobs are the backbone of real economic development. The new businesses to receive incentives would be defined and limited only to manufacturing firms that convert raw materials into finished products." Councilmember Cole seconded the amendment. Councilmember Johnson said he did not believe any member of the committee intended to disguise any intent but could support the amendment only with more positive language. Councilmember Barrett said he could support something such as "The City Council recognizes that base industry is the centerpiece of economic development." He said base industry had always been primary in the committee's aims and included more than manufacturing, such as job training. Councilmember Wagamon read emails between the City Manager and a developer on which Councilmember Johnson had been copied, saying the City had a policy of termination for lying to the City Council. The Mayor asked the Council to consider that the Resolution was not a final definition of the Committee's goals but to set a broad understanding of the wish to pursue the formation of a non -profit corporation to handle economic development in the region. He noted the corporation would not be able to provide tax incentives, abatements, or rebates and that retail development may still come to City Council on its own to ask for incentives. Councilmember Olson pointed out that no City incentives could ever be extended without the vote of Council. Councilmember Fitch made a motion to remove the third and fourth findings from the resolution. Councilmember Wagamon withdrew his amendment. Councilmember Woodward seconded Councilmember Fiitch's amendment. Councilmember Woodward agreed he felt the resolution was to keep the process going. Councilmember Montgomery also agreed and asked if the committee would be affected by the amendment. Councilmember Johnson asked the document remain mostly intact. Councilmember Barrett said he believed the committee was looking for an endorsement from the Council to go forward with the next steps. Councilmember Montgomery expressed concern that "economic development" was not clearly addressed in the findings that would remain. The amendment passed 7- 2 Councilmembers Johnson and Montgomery voting against. Councilmember Wagamon made an amendment to add "Whereas the Cijy of Huntsville has no intention of giving incentives to retail" Councilmember Cole seconded the amendment. Councilmember Barrett said he did not feel qualifying statements were necessary as the committee had clearly outlined its intentions and priorities and the need for base industry in the area, asking the resolution be viewed in the context of the stated work of the committee. Councilmember Fitch said he felt the directed action in the resolution was sufficient. Councilmember Cole noted the corporation members were not yet named and may choose to offer incentives. The Mayor said the formation documents would list members and would come to the Council for approval. Councilmember Olson echoed the comments and called to close debate The amendment failed 2 -7. Councilmembers Cole and Wagamon voting in support. Councilmember Woodward made a motion to amend resolution action item 1 by inserting "economic development corporation" after "nonprofit.' Councilmember Montgomery seconded the motion. The amendment passed unanimously. Councilmember Wagamon read his own email to Jay Williams and one from Mr. Baine to Councilmember Johnson about development. Councilmember Johnson discussed the work undertaken by the ad hoc committee members and the trust in the committee, asking the gutted resolution be defeated in preference to something closer to the original document. Councilmember Fitch reiterated his feeling the directed action in the resolution was sufficient. Councilmember Montgomery asked if the committee was hindered by the revised resolution. The Mayor said he did not feel the most crucial portion of the resolution was in the findings. Mr. Baine said he believed the City suffered from a "paralysis of analysis." He said the community includes partners with more money than the City and were considered so the City's portion would be smaller. Councilmember Wagamon called a point of order, saying the City Manager was making a political speech. Councilmember Barrett said he hoped the discussion would not help the committee's efforts in working with others but thought the main point was whether the Council authorized the committee's work and wanted them to move forward. He acknowledged other opinions and challenges and encouraged any better ideas to be brought forward, noting it took an effort to occur. Councilmember Olson thanked the Mayor and Councilmember Barrett for their work, and agreed that it was being overanalyzed. Councilmember Fitch requested compromise. Councilmember Wagamon said he had offered compromise with his amendment and said he had the emails to show how much special interest involvement there was. Councilmember Cole discussed Occam's Razor, noting that if the committee could continue their work with or without the resolution, there was no point for the resolution. The Mayor encouraged support. The motion passed 7 -2. Councilmembers We and Waaamon voting against. c. Discussion of economic development zones and projects, past, and future. [ Councflmember Wagamon] Councilmember Wagamon said the better idea was for the City to do what it was supposed to do and tasked to do, namely, "improve the quality of life through basic services and public infrastructure" and characterized giving taxpayer money to private business as "a fool's errand" He said it was creating a tax base that was never collected, noting Wal -Mart and Weatherford came to the community without incentives. Councilmember Wagamon said the reason companies were moving in up 1-45 was that there was not much property available for industry and f was not the City's business to get involved by zoning, removal of agricultural exemptions, or eminent domain. Councilmember Barrett noted there was a time before cities performed the services discussed, but citizens had decided to come together in mutual aid, adding that government was already involved in private enterprise through taxation. He said abatements could be seen as modifying that involvement added that incentives were not the main ® thing for base industry recruitment. Councilmember Wagamon said collecting taxes to have a non - profit fire department was different from giving them to businesses, that there had never been a success through subsidies and that keeping an effective rate was the fair incentive for all, rather than "the favored few." d. Possible action to approve new contract for City Manager Bill Baine. [Mayor Turner] The Mayor made a motion to approve and was seconded by Councilmember Woodward. Councilmember Wagamon said he valued honesty and accountability in City employees and would be voting against the contract for reasons outlined earlier. Councilmember Johnson said there had been extensive discussion in executive session and called the auestion. The motion passed 8 -1. Councilmember Waaamon voting against. e. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. Mr. Baine discussed the severity of the drought, noting the staff was working on fire lanes around the city, including the use of incarcerated labor. He said he felt the first few months of work would initially cost about $30,000 in equipment rental, along with City time and equipment, but noted cooperation and support of other entities. Mr. Baine noted the work on the new well, Safe Routes to School, and enhancements at the airport for future work and to move forward with the new girls' softball field. He said the Kate Barr Ross improvements had been ordered and expected more grant money for local housing. He said the formal letter for the Boys & Girls Club grant had been received and that two new police officers on grant had been hired. Mr. Baine said six new homes had been delivered to recipients the previous Friday and that there would be a Fair Housing Town Hall meeting for intake for another round of applications on October 27 [at the MLK Center at 7pm]. He said the library extension would be finished in January and that there had been an asbestos remediation this week. He announced the splash pad would be demonstrated at 3:30 on November 1. Mr. Baine also announced a public meeting on water would be held at the Walker Education Center on October 25 at 6pm. Councilmember Wagamon asked Carol Reed, Director of Public Utilities, what the water use was after water rationing began. She said there was not an appreciable impact the first couple of weeks, but that usage had ® been seen around 9 million gallons a day. 6. PUBLIC COMMENT Katie Newman thanked the Council for passing the Resolution of Support and thanked Mr. Baine for his help to her. Karl Davidson again urged the Council to review the Crespo water capacity study and said the City Connection was "laced with contextual truths" and inaccuracies. Councilmember Woodward said he took exception to the statement that the City Connection was inaccurate and encouraged the public to attend the water meeting on the 25"', urging the public to learn the facts on water availability and usage. 7. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 8. 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.) a. The Music in the Park free live music series will continue October 27 from 6-8pm at parks around town through November 17, call 936- 291 -9726, or check the City website for more information. The Mayor noted the City had received a Water Fluoridation Quality Award from the U.S. Centers for Disease Control and Prevention. Councilmember Barrett announced that today the Huntsville High School Military Marching Band competed at UIL Regional Competition in The Woodlands and received three "1" ratings and lauded Nick Leggerio, John Green, and Ashley Boone. Councilmember Woodward noted that one of Councilmember Barrett's sons was one of three drum majors and anoth on played sousaphone. 9. UDJONMENT w adjo m at 8:40pm. ard, C ity r ary