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Minutes - 08/07/2012 i MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7T"DAY OF AUGUST 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:00 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, Tish Humphrey,Ronald Allen,Clyde Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT:Chuck Pinto,Interim City Manager Leonard Schneider City Attorney Lee Woodward City Secretary WORKSHOP SESSION(5:00 PM)—The City Council will discuss the proposed budget and tax rate for FY12-13. Chuck Pinto presented information on the calculation of the effective tax rate and history of the City's finances since 2007. Winston Duke addressed updates to the proposed budget for FY12-13. Councilmembers discussed the potential and necessity of a tax increase and alternatives to same. REGULAR SESSION [6:OOPM] 1. CALL TO ORDER Mayor Woodward called the meeting to order at 6:12 pm 2. INVOCATION AND PLEDGES—Councilmember Loll led the invocation. Colton Mott, a student from Huntsville High School, led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Report on YMCA mission trip to San Francisco—Sandra Clifton 4. PUBLIC COMMENT -Kevin Smith spoke in opposition to the stop signs at Robinson Creek Drive,suggesting other alternatives or a greater need. -Tamara Chasteen spoke on the potential of a tax increase, citing information from similarly-sized cities showing much higher tax rates and asked the Council consider bringing more balance rather than cutting services. 5. CONSENT AGENDA a. Approve the minutes of the City Council Regular Session held on July 17,2012 and Budget Workshop held O on July 31,2012. [Lee Woodward,City Secretary] b. Approve Ordinance 2012.34,amending the budget for FY11-12. [Winston Duke, Finance Director] Councilmember Olson moved to approve the Consent Agenda and was seconded by Councilmember Loll The motion passed unanimously. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Ordinance 2012-33 calling the November 6, 2012 municipal general election for the purpose of electing four (4) At-Large Councilmembers, single reading required. [Lee Woodward,City Secretary] Councilmember Fitch moved to approve the item and was seconded by Councilmember Montgomery The motion passed unanimous. b. Presentation,discussion,and possible action to approve Ordinance 2012-35 amending the traffic schedule by ratifying stop signs on Robinson Creek Parkway at Memorial Hospital Drive, 1St reading. [Aron Kulhavy] Aron Kulhavy, Director of Public Works,said a request for a crosswalk had initiated a review of the intersection and noted a concern with limited sight distance when turning left off Memorial onto Robinson Creek Drive, due to the curve and speed, was identified. Councilmember Fitch said there had only been two accidents, which were of failure to give right-of-way, and noted that he felt it an odd location for stop signs. He did further note that state law presented the installation of a crosswalk without it fitting the definition of an intersection. Councilmember Emmett also noted the prevalence of stop signs in the area without many accidents and said perhaps an ordinance was being implemented for a special interest group. Councilmember Montgomery asked if the speed limit could be adjusted. Mr. Kulhavy noted traffic was already in excess of the speed limit and said engineering practices would actually likely call for a speed limit increase in the area. Councilmember Humphrey asked if a Pedestrian Crossing sign and flashing lights were possible to help call attention to the issue. Mr. Kulhavy said mid-block crossings without nearby stops would require more traffic signaling equipment and noted the limited sight distance would make a crosswalk dangerous. Councilmember O Humphrey confirmed that Mr. Kulhavy said the engineering justification was for sight distance, not the number of persons crossing. Councilmember Johnson asked if personnel in the Robinson Creek Building asked for a crossing guard. Mr. Kulhavy said the request was relayed to him from the Police Department. Councilmember Olson asked Chief Kevin Lunsford, Director of Public Safety, about the efficacy of traffic-controlling attempts near Target versus the hospital area. The Chief said the Department received the request and relayed it to Public Works, as was their practice, but said the speed trailer could be moved to the hospital area, saying it served as a good reminder. Councilmember Humphrey asked about the traffic patterns in the area and other traffic control options and Mr. Kulhavy agreed to look into alternatives for the situation. Councilmember Emmett asked how many requests were required for action. The Chief said he forwarded all inquiries to Public Works and did not know how many total calls were made on this item. c. Presentation, discussion, and possible action to approve Ordinance 2012-36 relating to speed zones on FM 247 in areas of the city of Huntsville with speeds in excess of thirty (30) miles per hour, 15` reading. [Aron Kulhavy] The Mayor said he understood the request for this came from the Texas Department of Transportation (TxDoT) and Mr. Kulhavy said these were there recommendations. d. Presentation, discussion,and possible action to award bid for the replacement of the sewer line and storm drainage infrastructure from 20`h Street to 21st Street. [Aron Kulhavy] Councilmember Humphrey made a motion to suspend Rule[of Procedurel 3.16 due to the total amount of the item and was seconded by Councilmember Olson The motion passed unanimously. Councilmember Emmett moved to approve the item and was seconded by Councilmember Humphrey. Tom Wager, Project Manager, noted the project had been ongoing for several decades and the deterioration of the lines,with no recorded easements to allow for reconstruction. He said the City planned to abandon both lines for the construction of a new 12" line. Councilmember Emmett confirmed the location of the line. Councilmember Montgomery asked about and was told the old line would be plugged and filled. The motion passed unanimously. e. Presentation, discussion, and possible action to place a proposal on a future agenda to increase total tax revenues from properties on the tax roll in the preceding tax year by a percentage which exceeds the lower of the rollback tax rate or the effective tax rate as calculated under Chapter 26 of the Tax Code, roll call vote. [Winston Duke, Finance Director] The Mayor noted the Council was establishing the possibility of increasing the property tax rate by some percentage and the ability to keep the option open required a vote tonight, which could be implemented at a later date, and would trigger the scheduling of two public hearings. Councilmember Olson made a motion to approve item e Interim City Manager Chuck Pinto gave a brief presentation on how effective rates are calculated. The Mayor noted the concerns of the community and the lack of added values to the City's revenues that were hoped for. The Mayor made a motion that the Droperty tax be increased by the adoption of a tax rate of$0.4206 cents (per $100 valuationl, and was seconded by Councilmember Olson Councilmember Montgomery said she supported the motion so questions could be answered. Councilmember Olson said the City had, in effect,taken in the same amount of money to do business for the last ten years in a row adding that it would be irresponsible for the Council not to leave open this option. The Mayor said the City's revenues projections were very conservative and that passing a balanced budget was very important. Councilmember Olson noted potential impact to borrow money if bond ratings were lowered in response to a reduced fund balance. The Mayor reminded the Council the citizens voted for bond issues on the fire station and the library and that tax raises were postponed for several years,saying he felt comfortable in having everything on the table. Councilmember Humphrey thanked Mr. Pinto for his education process and acknowledged how much the City had done without much money or tax increases. She noted a lot of information had come at the Council recently and from a new perspective in the last couple of months and how much she appreciated the information and the options. Councilmember Allen said he had heard about the overall situation a week ago and that he felt the City of Huntsville did not need a property tax increase this year, that one week was not enough time for him to make that decision, nor that he yet had all the facts he felt he needed. Councilmember Fitch clarified that the proposal was for about a four-cent increase or about 10%over the effective tax rate. He expressed his concern that a tax increase would not solve the issue,suggesting either a lower rate be proposed or the rollback rate to give citizens the choice[to petition]. Councilmember Johnson reminded all that the only reason for tonight's vote was to keep options open, noting that taking away the possibility to add to the budget would only allow for cuts, many of which had already been made by staff,to reach a balanced budget. The Mayor said he had picked around four cents because the most recent numbers were showing a shortfall about $600,000 and a CIP delay of about $200,000 had been discussed, so the four cents would help reach what was needed. f Councilmember Humphrey addressed Councilmember Fitch's concerns, noting the large amount of information O that had been supplied to the Council very recently. She reminded everyone that the 25% reserve amount did not appear to be a rule but rather a policy decision. The Mayor agreed that these were decision the Council could make. Councilmember Fitch clarified that he wanted to address that discussed "budget cuts" were from the proposed budget, but there was an increase from the current year's budget. Councilmember Montgomery said there was no commitment to raising taxes but the Council did know the City was exhibiting an unsustainable trend. The Mayor suggested there would be nothing better than improved revenues and would prefer an expanded tax base to increased taxes or fees. Councilmember Olson supported Councilmember Fitch's cautions and said it was certain that costs of doing business would certainly increase for the City, as in all businesses, and that business would have to be done differently. He added doubt that anyone on the Council wanted to increase taxes. Councilmember Fitch again noted the proposed increase was a one-year fix only and concerns about the County's potential increase. Councilmember Fitch made a motion to amend the original motion to$0.4056,or 2.5 cents There was no second and the motion failed. The original motion passed 7-2 Councilmembers Allen and Fitch voting against f. Presentation, discussion,and possible action to set the dates for two public hearings on proposal in item 6e. [Winston Duke,Finance Director] Winston Duke, Finance Director,offered potential dates of August 22 and 29,with a scheduled vote on September 11,2012. Councilmember Loll moved to approve the hearing dates and was seconded by Councilmember Johnson The motion passed unanimously. 7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Discussion on the selection of a permanent City Manager,standing item. [Mayor Woodward] The Mayor noted the promotional brochure had been developed and was being distributed by SGR. Ob. Discussion on the FY 12-13 budget,standing item. [Mayor Woodward] Councilmember Olson suggested a multi-hour weekend budget workshop. Councilmember Fitch reminded the Council the employees would being required to come in as well. The Mayor suggested a workshop on August 14 at 5 pm. c. Discussion on the proposed SHSU Research Park,standing item.[Mayor Woodward] The Mayor noted there was no report and reminded all it was an ongoing discussion generating public interest and a standing item, but was ready to remove it. d. Presentation, discussion,and possible action on local option liquor petition submitted to the City Secretary on June 19,2012. [Mayor Woodward] The City Secretary noted 2028 signatures were submitted, falling short of the 2148 needed. Councilmember Johnson supported the idea of working with the County to promote a County-wide petition, in the interest of economic development. e. Presentation,discussion,and possible action on nominations for boards and commissions. [Mayor Woodward] The Mayor made the nominations listed below. The motion passed unanimously. 8/7112 Nominations (As was requested of the Coundi beginning January 2022,:all nolninees inelading members wishing to be re-appointed have applications an file with the Citysecretary's office as of this time.) - Nominee to TML Intergovernmental Employee Benefits Pool Members, Region 14 — Councfimember Lydia Montgomery(this is a nomination to be voted on by Region 1.4 members, note City appointment to'the pow) O - Nominee to TML li�tergavernmental Risk Pool,Region 14—Councilmember Keith Olson(than as a nomination to be voted on by Region.14 members,not a City•appointment to the Pool) - Arts Commission—JaspyrSanford,re-appointment Scotty cherryhoimes Beautification Committee—Helen Belcher,re-appointment Rachel Williford Tom Henry Board of Adjustments&Appeals—Tom Davis,re-appointment Larry Graves,re-appointment Cemetery Advisory Board—lames Patton,re-appointment Gene Barrett,re-appointment Evelyn McDaniel Huntsville Housing Authority—Rolando Salazar,re-appointment Main Street Program Advisory Committee—Scott Dornbush,re-appointment Public Library Board—Terry Stivers,re-appointment Dr.Helen King,re-appointment Parks&Recreation Advisory Board—Chris Cerrito,re-appointment Rhonda Reddoch—re-appointment Planning&Zoning Commission—Eric Johnston,re-appointment Leroy Hilton,re-appointment Marilyn Soffar,re-appointment Veterans Affairs Advisory Board—John McManners,re-appointment Bill Butler,re-appointment Loran Rhine Kenneth Lee Richard Yawn Youth Advisory Board—Kealy York,Youth re-appointment Nelson Amaya,Adult re-appointment Rachel Williford,Adult f. City Manager's Report 1. Updates on City construction,grants,studies, City projects, City purchases,and economic development. Mr. Pinto had no report. 8. PUBLIC COMMENT There were no additional public comments. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 10. ITEMS OF COMMUNITY INTEREST The Mayor reminded all to vote in the orchard competition and to attend the Farmer's Market. He also noted the banner placed on 1-45 in support of the U.S.Women's Gymnastics Team. The Mayor also noted the success of HISD cheerleaders and the SHSU student-run Raven Films. 11. ADJOURNMENT The Mayor adiourned the weetin at M Pm. Respectfully submitted, Lee Woodward,City Secre ry