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MIN CC 09/21/2004CITY COUNCIL MEETING OF SEPTEMBER 21, 2004 BOOK "T" 163 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF SEPTEMBER 2004, IN THE [� !. CITY HALL, LOCATED AT 1212 AVENUE MIN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present: COUNCILMEMBERS: Steed Smith OFFICERS: Gary Crawford Bob Tavenner Kevin Evans, City Manager Mickey Evans Jim Willett Danna Welter, City Secretary Judy Kayse Mac Woodward Thomas Leeper, City Attorney ABSENT: Jack Choate FINANCE COMMITTEE [5:20 -5:33 p.m.] The Finance Committee of City Council conducted a work session to discuss FY 2003 -04 budget adjustments, as presented by Winston Duke, Director of Finance. CALL TO ORDER [6:00 p.m.] Mayor Pro Tern Steed Smith called the regular session to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Director of Parks and Recreation Ray Black led the invocation. PUBLIC HEARING on the PROPOSED FY 2004 -05 BUDGET 1. Karl Davidson. Mr. Davidson spoke against both the proposed budget and tax rate. 2. John Harvey. Mr. Harvey spoke against the proposed tax rate. 3. Richard Almandarez. Mr. Almandarez spoke against the proposed tax rate. 4. Ruth Webb. Ms. Webb spoke against the proposed tax rate. 5. Delora King. Ms. King made several personal comments regarding the City Secretary's performance and spoke against the proposed tax rate. 6. Shirley Hampton. Ms. Hampton spoke against the proposed tax rate. 7. John Strickland. Mr. Strickland spoke against the proposed tax rate. 8. Joyce Parker. Ms. Parker spoke against the proposed tax rate. There were no public comments. PUBLIC COMMENTS CONSENT AGENDA 1. Authorize the City Manager to enter into a contract with J &M Contracting Co. for construction of the add -on to the recycling drop -off center and the modifications to the TIP Warehouse in an amount not to exceed $42,143.50 to be funded from a Solid Waste Management Grant from H -GAC. 2. Rename the Genealogy/Texana /Local History Room as the "Johnnie Jo Sowell Dickenson Genealogy Room ". Councilmember Tavenner requested that both items be removed for further discussion. 1. Authorize the City Manager to enter into a contract with J &M Contracting Co. for construction of the add -on to the recycling drop -off center and the modifications to the TIP Warehouse in an amount not to exceed $42,143.50 to be funded from a Solid Waste Management Grant from H -GAC. The City of Huntsville received a $73,020 Solid Waste Management Grant from Houston - Galveston Area Council (H -GAC) to build a 1,500 sq. ft. addition to the Recycling Center, the enclosure of two storage bays at the building materials recycling warehouse (TIP), the purchase of a pallet rack system and a forklift for moving materials into and out of the recycling warehouse and drop -off point. A total of two bidders bid on the project, with J & M Contracting the lowest bidder at $42,143.50. 2. Rename the Genealogy /Texana /Local History Room as the "Johnnie Jo Sowell Dickenson Genealogy Room ". After years of service as President of the Walker County Genealogical Society, Johnnie Jo Dickenson plans to pass the torch this year. In recognition of Johnnie Jo's contributions to the library, it is recommended that the Genealogy/Texana /Local History Room be renamed the Johnnie Jo Sowell Dickenson Genealogy Room. The Library Board unanimously supports this suggestion. Board President, Mary Frances Park, polled Walker County Genealogical Society members Robert Vann and Sue Martin about the suggestion and both indicated that it would be an excellent tribute to Johnnie Jo. Sue Martin went on to say that Johnnie Jo was the force behind the CITY COUNCIL MEETING OF SEPTEMBER 21, 2004 BOOK "T" 164 Society's involvement with the library. 2. STATUTORY AGENDA Consider and take action to adopt Ordinance 2004 -09 -21.1, approving and adopting the Operating and Capital Improvements Budget for the period October 1, 2004 through September 30, 2005. Tavenner seconded the motion. The motion passed 7 -0. Consider and take action to adopt Ordinance 2004 -09 -21.2, adopting the tax rate and levying taxes for the City of Huntsville for the 2004 -05 fiscal year upon all taxable property located within and subject to taxation in the City. Councilmember Crawford read a prepared statement on behalf of the absent Councilmember Choate: Mayor Pro Tem, Members of Council, and Citizens of Huntsville, I am disappointed that the vote on the budget and tax rate had to be rescheduled to a time when I must be out of town. Tonight's vote is important, and/ believe that my position on the issues of the budget and tax increase should be on record. Let me begin by saying how proud I am of this City Council. This budget planning process was my third as a member of this council, and I can say without hesitation it was indeed our most comprehensive effort at reviewing the City's finances. I began this budget process with the steadfast conviction that I would not support an increase in the tax rate this year. Our city is healing from a deep division in the community with one of the more central issues being the City's tax rate. It seemed tome that the most prudent course of action to assist the City in its healing was to maintain the tax rate from last year. Unfortunately, prudence and our duty dictate otherwise. Last year's budget planning was completely devoid of any leadership. Political rhetoric and public rancor displaced meaningful discussions about the true cost of running a city government. Having spent over 60 hours going through each and every city dollar, I can confidently say that we now know what it costs to provide and maintain city services to the citizens of Huntsville. In this budget, we were able to take critical steps toward improving safety in the community. We kept our promises to the various non - profit organizations which do so much on behalf of our less fortunate citizens, and we committed ourselves to the youth of this community. /do not think we all got everything we wanted out of this budget. In the legal profession, it is often said that that if both sides walkaway wanting more, then it is a good settlement. The same premise applies to ourbudget. Our time on this Council is short, but I hope that we will have the courage to look twenty years into the future and plan for our needs. As long as there are rising fuel costs and inflation, we will not be able to avoid the inevitable. 1 wish you all good luck tonight. Congratulations on a job well done. Councilmember Evans also presented a prepared statement: On November 13, 1789, in a letter to Jean - Baptist Leroy, Benjamin Franklin noted that. "Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes." I' And, in his Farewell Address on September 19, 1796, George Washington noted that: "NO taxes can be devised �'.. which are not more or less inconvenient and unpleasant." And so, here we are on September 21, 2004 once again dealing with the inconvenience and unpleasantness of city taxation. The question before us today is, however, are our city taxes excessive? And, is an increase of our current tax rate '! by 1.25cents/$100 valuation reasonable? Fora city of our size, the maximum tax rate permitted by the Texas Constitution is $2.501$100 assessed valuation. The highest tax rate l can find for a Texas City reporting to the Texas Municipal League is Breckenridge with a population of 5,868, an assessed property value of $110,382, 880 and a tax rate of $1.1000/$100. For cities of our size, I find a maximum tax rate of 0.7100/$100 in Mansfield and LaPorte and a minimum tax rate 1 of 0.3220/$100 in Georgetown. But, then, Georgetown has a total property assessment value of 2,132,115,978 ''.. compared to our $815,828,864. In 2001 our city tax rate was 0.43251$100. In 2002 it was 0.4500. This past year it was 0.4250. 1 contend, j however, that the reduction last year was done primarily for political reasons rather than sound public policy. �•, Regardless, I do not consider our recent tax rate history to be excessive. The proposed tax rate of 0.43751$100 is more than last year but less than the year before. So, we've stayed in the same general area over the past three years. I believe, therefore, that our proposed tax rate is reasonable, responsible, and responsive to the public service needs of our city for the coming year. I will, therefore, support the proposed tax rate of 0.4375/$100. !I The coming years may be far more challenging, however. As I have previously stated, we have very significant !' public service needs over the next 20 years that will, in my estimation, require farmore public revenues than a perennial Rat tax rate and only modest economic growth will allow. To carry on such a tradition of continued low, flat tax rates 1 � i CITY COUNCIL MEETING OF SEPTEMBER 21 2004 BOOK T 165 under such circumstances is risky business and maybe even foolish, in my opinion. So, I feel compelled to provide the following caution to my fellow citizens. We must eithergrow our economy and it tax base substantially over the next few years or be prepared to deal with increasing annual tax rates to pay for the key and essential public services we will require in the future, especially for our infrastructure.' Taxes are indeed inconvenient and unpleasant, but we simply must deal with the way things are and not the way we wish them to be. a 3. Authorize the City Manager to enter into a contract with the low bidder of Grisham Construction Company in the amount not to exceed $172,405.37 for the construction of the IH 45 - Smither Sewer Project to be funded from budgeted wastewater funds. The purpose of this project is to provide sewer service to the area between Smither Drive and the Wal -Mart area. This project will eliminate the need for the existing Avenue S lift station by boring the Interstate to convert the flow from the east side to the west side of IH 45 and will allow future sewer collection lines to be relocated in the Normal Park and Avenue S area. Also, this area will provide additional flow to the new Robinson Creek Wastewater Plant. Bids were received and opened on September 8, 2004, with Grisham Construction the lowest bidder at $172,405.37. The Engineer's estimate for this project was $181,542. Councilmember Crawford moved to authorize the City Manager to enter into a contract with the low bidder of Grisham Construction Company in the amount not to exceed $172,405.37 for the construction of the IH 45 - Smither Sewer Protect to be funded from budgeted wastewater funds: and Councilmember Kayse seconded the motion The motion passed 6 -0 with Councilmember Woodward abstaining due to a conflict of interest.. 4. Authorize the City Manager to execute a contract between Cox Communication and the City of Huntsville for gigabit network services to link the City Hall, Service Center and Municipal Court in the amount not to exceed $18,000 per year ' for one year, renewable at the City's option for up to four additional years in single year increments to be funded from budgeted funds. City Manager Kevin Evans requested that this item be removed from the agenda MAYORICOUNCILMEMBERICITY MANAGER REPORT 1. Consider and take action on the following appointments/reappointments: Appoint Nate Grigsby to the Parks and Recreation Advisory Board. 2. Considerand take action to allow banners across city streets for certain identified community projects, as presented by Kevin Evans, City Manager. After discussion, the City Council directed Mr. Evans to prepare a draft policy in order to implement hanging banners across City streets, including setting parameters for size and design criteria, etc. MEDIA INQUIRIES Tom Waddill of the Huntsville Item asked why the second health inspector position is being requested at this time, if the City had not been in compliance. City Manager Kevin Evans responded that the position may have been requested in the past, but with recent changes in State law and the State's downgrading of their services, it was even more important now to respond. ADJOURNMENT [7:10 p.m.] D��— ' Donna Welter, City Secretary