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Minutes - 04/02/2013 ND MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 2 DAY OF APRIL 2013, 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 Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Clyde Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary__________________________________ WORKSHOP SESSION [5:00 PM] – City Council will meet to consider the purchase of asset management software to include related equipment and fees. [Carol Reed, Director of Public Works, Chris Vasquez, IT Director, and Eric Pena, Senior GIS Specialist] Chris Vasquez addressed Synergen and Oracle replacement priorities related to IT, training and reporting concerns, and history of the RFP process. Eric Pena presented relevant City assets that would be involved and software relation to GIS. Brent Wilson of CityWorks provided examples of ways the software could be utilized. Carol Reed explained the importance of asset management data and its accessibility in decision-making. REGULAR SESSION [6:00PM] 1. CALL TO ORDER – In the presence of a quorum, Mayor Woodward called the meeting to order at 6:01 pm. 2. INVOCATION AND PLEDGES - Councilmember Johnson gave the invocation. 3. PRESENTATIONS AND PROCLAMATIONS Fair Housing Month SHSU Intern Presentation – Jessica Rodriguez of Main Street, Shirley Tey of the Wynne Home, Cameron King and Jose Auz of the Huntsville Police Department Safe Digging Month – Bobby Smith accepted on behalf of CenterPoint Energy 4. PUBLIC COMMENT There was no public comment. 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 Sessions held on March 5, 2013 and March 19, 2013, and the Workshop held on March 18, 2013. [Lee Woodward, City Secretary] b. Approve Ordinance 2013-20 amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 8 “Animals and Fowl”; providing for a penalty; making other provisions and findings thereto; and declaring an effective date, 2nd reading. [Chief Kevin Lunsford, Director of Public Safety] Councilmember Humphrey moved to approve item a and was seconded by Councilmember Allen. The item was moved again by Councilmember Montgomery and seconded by Councilmember Olson. Councilmember Allen confirmed that minutes of all workshops routinely came before the Council for approval. The motion passed unanimously. Councilmember Fitch moved to approve item b and was seconded by Councilmember Allen. Councilmember Humphrey and Chief Lunsford noted disagreement between Section 8-6, item c and Section 8-8, item b (18) and recommended striking Section 8-6 c and in Section 8-8, item b (18) striking “,but not including” and inserting “and.” Councilmember Humphrey moved to amend the ordinance as Chief Lunsford recommended and was seconded by Councilmember Johnson. Discussion occurred as to the fact that more amendments to the document were expected. Without objection, Councilmember Humphrey withdrew her motion and Councilmember Johnson withdrew his second. Councilmember Humphrey asked the Chief to address Section 8-89, which he did by saying that he thought the original intent was for notification at businesses with guard dogs. He suggested defining “guard dog” and make clear whether this was applicable for commercial property only. Councilmember Humphrey noted “guard dog” had been defined elsewhere in the language. Chief Lunsford answered Councilmember Montgomery’s question as to the intent being for commercial property, saying he believed it was but that the Council could certainly extend it to residential as well. Councilmember Fitch suggested striking “any building” and insert “any commercial property.” Councilmember Humphrey moved to amend Section 8-6, item 3 by striking it and amending Section 8-8 item 8 by striking “, but not including” and inserting “and,” and amending Section 8-89 per Councilmember Fitch’s suggestion and was seconded by Councilmember Olson. The amendment passed unanimously. Councilmember Johnson confirmed the insertion of “in the enclosed portion” and “outside” temperature into Section 8-9 since the March 19, 2013 meeting, and observed there were no changes made in Section 8-6 (2)(A-C) on free range chickens. The original motion passed unanimously, as amended. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to consider Addendum A to the Chapter 380 agreement with Huntsville Hotel Group LLC for a waiver of permit and tap fees not to exceed $15,000. [Aron Kulhavy, Director of Community and Economic Development] Councilmember Olson moved to approve the consent agenda and was seconded by Councilmember Humphrey. Councilmember Olson noted this was a repeat of the action approved previously. Councilmember Fitch agreed but questioned why there had been no progress in two years and asked for some reassurance. Aron Kulhavy, Director of Community and Economic Development, said the County did not have a mechanism two years ago to execute their portion of the agreement but that it was done in December 2012. Councilmember Fitch expressed disbelief that construction was held up by $15,000 and that he was concerned about renewing the agreement. Councilmember Allen confirmed the developer felt this was a reason he had not proceeded. Councilmember Johnson agreed with Councilmember Fitch while noting there was no risk to the City to extending the offer and encouraged the developer. Councilmember Loll asked if there was any signal as to their commitment and timetable. Mr. Kulhavy said building plans had been submitted and reviewed and he understood the intent was to begin this month. Councilmember Fitch said he would like to point out that a $6 million hotel had been held up for twenty-one months over $15,000. Councilmember Humphrey said she felt it was the only reason that Mr. Kulhavy knew of but that there could be other considerations but that if all requirements were met she saw no danger. Councilmember Allen questioned Mr. Kulhavy and was told it was a contributing factor. He also asked Mr. Kulhavy when the City received the plans and was told around January 2013. The Mayor said the City was being asked to make an agreement with the developer and it was not dependent on any agreement with the County, noting that benefits were dependent on performance measures. Councilmember Fitch referred, however, to the agreement’s provision that the $15,000 would be waived up front, not as a result of performance, and that recourse was repayment, not refund. Leonard Schneider, City Attorney, said Councilmember Fitch raised a good point and referred to the addition of the last line in Section 2.7 giving the City a lien on the property as security. Councilmember Olson reminded all that the City could refuse a Certificate of Occupancy if payment was owed at completion and that he believed there was some good faith established through the developer’s recent actions. Councilmember Fitch moved to amend the addendum that the City would rebate fees up to $15,000 rather than waive fees initially and was seconded by Councilmember Allen. The amendment was lost, 6-3, Councilmembers Allen, Fitch, and Emmett voting in support. The original motion passed, 7-2, Councilmembers Allen and Fitch voting against. b. Presentation, discussion, and possible action to consider the purchase of CRS-2 Asphalt Emulsion to be used by the Street Division. [Billie Smith, Procurement Manager] Councilmember Johnson moved to approve the item and was seconded by Councilmember Olson. The motion passed unanimously. c. Presentation, discussion, and possible action to contract with James Duncan and Associates for the Huntsville Development Code Update. [Aron Kulhavy, Director of Community & Economic Development] Councilmember Humphrey moved to approve the item and was seconded by Councilmember Olson. Mr. Kulhavy noted Mr. Duncan and his associate Kirk Bishop, Project Manager, were present. Councilmember Humphrey said she was bothered by the delay in the issue and that it had hurt the City. She said she was pleased by the item and that it would improve stability. Councilmember Montgomery asked a brief overview of the scope and process be entered into the minutes. Mr. Bishop said they hoped to determine community values and objectives and would coordinate with the staff. He said they would draft ordinances for consideration by the Planning and Zoning Commission (P&Z) and citizen stakeholders. Mr. Bishop said drafts would result in joint sessions with the Council and P&Z, which he thought would take about nine months, then engage in the public portion of the process. Councilmember Olson asked that the P&Z Commissioners be recognized for their work and dedication in this effort. The motion passed unanimously. d. Presentation, discussion, and possible action to consider the purchase of a HazMat Chemical Identifier including all software and equipment per the manufacturer’s suggested requirements. [Fire Chief Tom Grisham and Dr. Sherry McKibben, Community Development Specialist] Councilmember Humphrey moved to approve the purchase and was seconded by Councilmember Montgomery. The motion passed unanimously. e. Presentation, discussion, and possible action to authorize the retention of George Hyde, Attorney, for legal representation of the City on personnel matters. [Leonard Schneider, City Attorney] Councilmember Olson moved to approve the item and was seconded by Councilmember Johnson. Mr. Schneider noted the Charter authority to hire additional legal representation and also the right of employees to appeal termination to the City Council. He noted the other counsel would represent the “decision” to terminate and that a situation was currently in process. The motion passed unanimously. 7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. 2. Budget Policy-setting Overview - Consider items of interest to be given priority in budget compilation this spring. Mr. Kulhavy presented information on the Municipal Airport, noting 90% of project funding came from federal and TxDoT grants. These included engineering design, runway lighting, wind cone replacement, and electrical vault and homerun replacement going on now and 2013 capital projects including apron reconstruction, drainage improvements, wildlife fencing, and runway and taxiway sealcoat and marking. Mr. Kulhavy said 2014 improvements should cover taxiway reconstruction, weather station relocation, runway repairs and overlay, and an update to the airport master plan including a runway extension. Councilmember Olson confirmed Gulfstream jets could fly into the airport at the current runway length. Councilmember Montgomery was told the extended runway length was not confirmed, but most likely would go from 500 feet to 1000 feet before requiring relocation of the airport. Mr. Benoit asked the Council to provide him with their interests and concerns as the City Manager prepared the draft budget. He said he would like the Council involved in the process early and often and that he anticipated many budget discussions, hoping to receive their input. Interim Finance Director Steve Ritter gave a budget preview (available from the City Secretary and on the City web site), noting this was for about five-and-a-half months into the year combined with projections. Overall, General Fund expenditures were currently expected to exceed revenues although Mr. Ritter urged caution at this point. He noted sales tax and property tax were generally assumed to be flat. Mayor Woodward asked about unallocated reserves in the General Fund in excess of 25% and that the Council could choose to use some for the Medical Fund. Mr. Benoit allowed that was possible while noting other issue may arise in the meantime or that the Council may choose other priorities. Mr. Ritter noted the items for consideration were not ranked and were only options. Water Fund revenues were down, in part, Mr. Ritter believed, due to conservation and reduced usage. He noted the university was down by about 30%. Mr. Ritter and the Mayor recalled that there had been two years of higher increases in water rates but that the coming year was a smaller amount. The Mayor asked that the City Manager try to determine what decrease there might be in expenses when less water was sold. Mr. Benoit addressed the proposed budget calendar and asked the Council about their preference for format. Mayor Woodward asked that at least the first meeting be separate from a Council meeting and determine from there. He noted the Council’s additional year of experience and preparation. Mr. Benoit said he would be happy to visit with the Council on their questions. Councilmember Fitch said it seemed expenses were already short by about $1.8 million. Councilmember Humphrey thanked Mr. Ritter for dating the presentation and asking that be constant throughout the process. Mr. Ritter thanked Laurie O’Brien for that and thanked Becky Rowley for her significant input. Councilmember Olson noted the report had been reviewed in the Finance Committee and seemed to be in agreement in concerns over timing, emotional decision-making, and the need for detailed review. 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 (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.) The Mayor noted the Fair Parade would be April 4 at 7 pm and Saturday was E-recycling Day at the Transfer Station. He said there would be a changing of the flags at Sam Houston’s grave on April 21. Mayor Woodward announced the grand opening of the Highway 19 expansion on April 26 at 10 am, Chick-fil-A LeaderCast on May 10 at SHSU, and dedication of the Vietnam Veterans Walkway on May 11 at the HEARTS Museum. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 - personnel matters regarding the evaluation and job duties of City Attorney, Leonard Schneider. [Mayor Woodward] b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 - personnel matters regarding the evaluation of City Judge John Gaines. [Mayor Woodward] c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 - personnel matters regarding the evaluation of City Secretary Lee Woodward, part 3 of 3. [Mayor Woodward] The Mayor adjourned the Council into Executive Session at 7:44 p.m. 12. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. Mayor Woodward reconvened the meeting at 8:52 p.m. Councilmember Fitch moved to amend the City Secretary’s contract to conditions discussed in Executive Session. The motion was unanimously approved. 13. ADJOURNMENT Mayor Woodward adjourned the meeting at 8:53 pm. Respectfully submitted, Lee Woodward, City Secretary