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Minutes - 07/30/2012 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3R" DAY OF JULY 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER,TEXAS AT 6:00 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward,James Fitch, Lydia Montgomery, Don H.Johnson, Keith D. Olson, Joe Emmett, Ronald Allen,Tish Humphrey,Clyde Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT:Chuck Pinto,Interim City Manager Leonard Schneider.City Attorney Lee Woodward City Secretary REGULAR SESSION[6:OOPM] 1. CALL TO ORDER Mayor Woodward called the meeting to order at 6:00 Pm 2. INVOCATION AND PLEDGES—Councilmember Humphrey led the invocation. Karen Cole, a student from Huntsville High School, led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS Presentation of SHSU Criminal Justice summer interns for the Huntsville Police Department. 4. PUBLIC COMMENT George Russell read his op-ed piece from this morning's Huntsville Item, in opposition to the location of the University's proposed Research Park and suggesting other pieces of property he felt were more appropriate. William Elmer spoke on the proposed Research Park and the unknowns he listed in association with it, further saying that the annexation process should be deferred until the project is more defined. Mr. Elmer commended the Mayor for recusing himself at the last meeting on the annexation discussion. Katie Newman asked the Council for further information on the proposed annexation, water line, and Research Park, focusing. on questions,about costs.and benefits to the citizens, asking that the Council provide answers before proceeding. Charles Smither, Jr. said he felt prior Councils had exhibited a"rush to judgment"and asked that the Council stop the annexation procedures immediately if they did not feel it was a good idea. He said he had written letters to Council, noting his family owned 56 acres on Highways 19 and 190 with an existing 12"water line and said that if someone had approached him or other local landowners for similar conditions to the proposed Park, he felt all would give it serious consideration. He also discussed possible leasing arrangements. Kendall Scudder defined economic development discussion from the Council as not being "fruitful" and retail based, saying he felt Dr. Gibson's reasons for the Park something he could support, but listed"key concerns"with the planning process,citing annexation, current infrastructure,and funding. He suggested a member of Council develop plans in the event of receiving the water line grant or not,so citizens would know how it would be paid for. Donna Pinon spoke in concern on annexation and its relation to the extra-territorial jurisdiction (ETJ), asking that County residents know how they may be impacted. She said she hoped the City would look thoroughly at projections for the proposals. Mrs. Pinon asked the Council show concern for putting City rules and regulations further out as services were extended. f The'Mayor asked the City Secretary to see that the questions asked were addressed by the staff, Council, and Finance Committee. 5. CONSENT AGENDA a. Approve the minutes of the City Council Regular Session held on June 19, 2012 and the Special Session held on June 26,2012. [Lee Woodward, City Secretary] b. Approve Resolution 2012-23 setting two public hearings on annexation of land as directed by the City Council of the proposed Sam Houston State University Technology Park and surrounding areas and authorize staff to publish the appropriate notifications as required.[Aron Kulhavy, Director of Public Works] c. Authorize the Interim City Manager, City Manager, and/or Mayor to apply for, accept if awarded, and implement the Assistance to Firefighters 2012 Grant for$136,724.00,with a 10% match of$13,673.00. [Dr. Sherry McKibben, Community Development Specialist] d. Ratify the application, and accept and implement if awarded, the Office of Justice 2012 Bulletproof Vest Grant in the amount of$6,174.30,with a 50%match. Councilmember Montgomery pulled item b. Councilmember Fitch moved to approve items a c and d and was seconded by Councilmember Montgomery. The motion passed unanimously. Councilmember Montgomery moved to approve the item b and was seconded by Councilmember Humphrey. Mayor Woodward recused himself from item b considerations via conflict of interest, and asked Johnson to chair the discussion and decisions on that matter. Councilmember Montgomery said some of her concerns about moving too fast had been mentioned in Public Comments and that she believed the failure of the liquor option election petition with its deadline could relax the urgency of the two public hearings in July. She said she had spoken with the Interim City Manager and received confirmation that the Council could stop the process at any time. She said he had also told her that it would be a good idea to have at least one public hearing to bring items to light. At her request, Mr. Pinto elaborated,saying state law on annexation was set to allow for timely notification processes and the development of planning, and further that the City's process had begun and that the restrictions of the law set the timeline. Councilmember Montgomery asked how notification was done and Mr. Pinto said direct landowners had been contacted by Planning and that other information was disseminated through the media. Councilmember Humphrey asked who would be notified and Mr. Pinto said only the property owners [in the area of the proposed annexation] were being directly notified by the City. Councilmember Fitch said he had a concern about the annexation dates and made a motion to amend the resolution to set the dates of the public hearings for August 7 and 21 Councilmember Loll seconded the motion Mr. Pinto answered Councilmember Montgomery's question about how the amendment would affect the timeline and was told the dates had initially been set in relation to the potential election. Aron Kulhavy, Director of Public Works,said there were several sets of notifications they were required to meet and that he thought August 7 would work but would have to check on August 21. Councilmember Johnson asked what notification changes would be necessitated by moving the dates. Mr.Pinto said it was simple and not a lot of trouble. Councilmember Johnson said issues of alternate sites should be properly referred to the University. Councilmember Humphrey said she agreed the July dates were too soon and expressed concern about inaccurate information being spread in the meantime, and said she believed the first hearing should occur in July and that there should be more than two weeks between the hearings. City Attorney Leonard Schneider noted the 30-day timeline to notify but could also direct the staff to come back on July 17 with a new schedule and resolution to be considered. Councilmember Humphrey asked about the number of letters already sent and Mr. Kulhavy said it would be easy to send changes. Councilmember Montgomery said she understood the University was to return with more information on July 17 and that she agreed it prudent to wait and review a new schedule. Councilmember Johnson permitted Councilmembers Fitch and Loll to withdraw their motions Councilmember Humphrey asked about timing of the hearings and Mr. Kulhavy said they had to be held within twenty days. Councilmember Johnson asked if the Council was open to having the public hearings on regularly- scheduled Council meeting dates. The main motion failed unanimously,8-0 Mayor Woodward not voting as noted above Councilmember Fitch made a motion to direct staff to send notifications and draw up another resolution with new August dates fitting state guidelines and was seconded by Councilmember Montgomery. The motion passed unanimously, 8-0. (The Mayor filed a Conflict of Interest and his vote was not counted for item b.) f 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2012-32 setting rates and Cost of Service Adjustment with CenterPoint Energy,Vt reading.[Leonard Schneider,City Attorney] Mr. Leonard said The Lawton Law Firm had reviewed the increase and felt it did fall within appropriate limits, also noting that the item needed to be passed before the end of the month if the Council so chose. The Mayor noted it was an agreement on rates from 2011. 7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Presentation and discussion on the selection of a permanent City Manager,standing item. [Mayor Woodward] Mayor Woodward reminded the public the Council had approved moving forward with Strategic Government Resources (SGR), subject to approval, and that the process was moving forward, noting he and Councilmember Olson had spoken with them today. He said they would be meeting with Council and staff on July 9 and 10 and that there would be discussion on services and cost. Councilmember Olson said SGR had a higher cost and that the Council had selected their specific services, adding that SGR was excited about working with the City. The Mayor noted the Council would be asked about the desired skills, personality, and qualifications in a new City Manager. b. Presentation and discussion on the FY12-13 budget,standing item. [Mayor Woodward] Mayor Woodward said the Council reviewed the Capital Improvement Plan last week and said Mr.'Pinto and staff i could address any issues. Mr.Pinto said the staff was meeting July 10-12 to balance the budget and present it to Council. c. Presentation and discussion on the proposed SHSU Research Park,.standing item. [Mayor Woodward] Mayor Woodward said that Tipton &;Associates was preparing projections on utility usage and in relation to other stages by the end of the week and would return to Council on July 17 with a planning update. The Mayor said questions could be directed to the City Secretary to convey to the University. He noted there would also be a presentation to the county officials that day. Councilmember Montgomery said she had heard of the plans for a research park last year and was very anxious to learn more about the process. The Mayor said the potential tax revenue on the property and improvements was information the Council needed. Councilmember Allen said the Council needed to know what else the developers would likely ask for. The Mayor said he believed the City had only been asked about bringing utility service to the site. Councilmember Allen suggested tougher, more pointed questions be asked of them on July 17. The Mayor suggested they be available at the City's public hearings. d. Presentation, discussion,and possible action to approve Resolution 2012-22 to adopt the Strategic Initiative proposal. [Mayor Woodward] Councilmember Johnson made a motion to approve Resolution 2012-22 and Councilmember Olson seconded the motion. The Mayor thanked the City Manager and Directors, City staff,the City Secretary,and City of Bryan City Secretary Mary Lynne Stratta for their work on the project's development. He reminded the Council it could be reviewed and modified at any time and should be used. Councilmember Humphrey encouraged Mr. Pinto and the staff to engage the document as the budget was balanced. The motion passed unanimously. e. City Manager's Report 1. Updates on City construction, grants,studies,City projects, City purchases,and economic development. Carol Reed, Director of Public Utilities, said the repair project at Elkins Lake had been completed, noting it had been "high-profile" in attention paid it and the response from the City. She reminded this had been an issue in the 30° water line under Lake Camellia and commended the Public Utilities staff for outstanding performance. Ms. Reed said the Department was very pleased that a review of options had resulted in a repair of just over$150,000,when the initial request to Council was for around $300,000. She said potential issues had also been resolved, and noted that dissolved oxygen levels and other environmental concerns had been consistently addressed. She added that the lake level was slowly rising and that some residents were taking advantage of that to do bulkhead construction and repair. Ms. Reed again thanked and lauded her staff. The Mayor thanked Ms. Reed and her staff, and they both offered appreciation to the residents. Councilmember Johnson noted contact from Elkins Lake residents, particularly a very nice letter from Mrs. Randolph on the repair staff. Councilmember Johnson asked if anything other than putting in chlorinated water was possible to help fill the lake and Ms.Reed said they would look into options. 8. PUBLIC COMMENT There were no public comments. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 10. ITEMS OF COMMUNITY INTEREST - The Mayor reminded the public to cast votes for the 2012 Communities Take Root program, a program sponsored by Dryer's Fruit Bars.The City could win its own fruit orchard with enough citizen votes, and citizens may vote for Huntsville daily at http://www.communitiestakeroot.com. - The Mayor asked the public to visit the Farmers Market every Saturday, 8-12, on the east side of the Courthouse square. - The Mayor suggested watching clips from this spring's City Spotlight on Channel 7. The shows were produced by a combined effort of Deputy City Secretary Kristin Edwards and SHSU. They can be viewed on the archived section of the City website. - The Mayor announced the City received a "no objections" letter from the Department of Justice yesterday on its submission for redistricting. This year's general election will be for at-large positions, so candidates will not be affected, but please double check your polling place for election day for any changes. The Mayor wished everyone a happy Fourth of July. He noted some of our community joined together at the Courthouse Gazebo this morning for the second annual reading of the Declaration of Independence, hosted by the Texas Criminal Defense Lawyers Association. 11. EXECUTIVE SESSION a. City Council l will convene in closed session as authorized by Texas Government Code, Section 551.071 — consultation with counsel on the following legal matters; Tarvin v. the City of Huntsville; and possible settlement of Certificate of Convenience and Necessity (CCN) service areas with Walker County Special Utility District(WCSUD).[Leonard Schneider,City Attorney] The Council adiourned into Executive Session at 7.33 pm The Council reconvened at 8:06 pm 12. RECONVENE a. Take action, if necessary,on items addressed during Executive Session. Councilmember Loll made a motion to authorize the Mayor to sign a letter to extend the June 301h amendment deadline in order to execute a final amendment to the February 2012 WCSUD amendment and was seconded by Councilmember Allen. The motion was approved unanimously. 13. ADJOURNMENT The Mayor adjourned the meeting at 8:0 p n Respectfully submitted, Lee Woodward,City Secretar 1 I i