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Minutes - 02/21/2012MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF FEBRUARY 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:OOPM. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch; -Ly, iia ntgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Clyde Loll COUNCILMEMBERS ABSENT: - -- OFFICERS PRESENT: Bill Baine. City Manaaer: Leonard Schneider. City Attorney. Lee Woodward. Citv Secretary RECEPTION 15:30PM] — The City Council will visit with the spring interns in the large conference room from 5:30 -6. The public is welcome. REGULAR SESSION [6:OOPM] 1. CALL TO ORDER [6:OOPM] 2. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. l pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Johnson gave the invocation and guests Marquia Hawthorne and Kealy York of Huntsville High School led the pledges. - 3. PRESENTATIONS AND PROCLAMATIONS a. - Proclamation 2012 -23 - Severe Weather Awareness Week — accepted by Fire Chief Tom Grisham and Emergency Management Coordinator John Waldo b. Recognition of Municipal Court Staff — Mayor Woodward, Mr. Baine, and Judge John Gaines recognized Court Administrator Susan McGilberry, the dedicated service of Heather Smallwood and Flor Santos during a time of staffing shortage, and introduced the new Municipal Court staff Jacqueline Schubert, Ben Gibbs, and Paula Dugas - Linda Pease provided an update on last week's Latin Festival and its success. c. Update from the Youth Advisory Board and presentation of Board members. [Co- chairs Kendall Scudder and Dessie Cherry] — The board was introduced and announced their Job Shadowing Pilot Program. d. Presentation of Spring Interns. [Blake Roach] — Javier Hidalgo of Solid Waste & Recycling, Deanna Tyler from the Wynne Home, Christian Bionat from the Cultural District, Will Sinclair from the GIS Division, and Megan Wilkinson from Main Street were introduced and thanked for their work and contributions. 4. PUBLIC COMMENT a. Related to any matter not on the agenda — 2 minutes per speaker b. Related to any matter on the agenda — 5 minutes per speaker There were no public comments. 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 Meeting held on February 7, 2012. [Lee Woodward, City Secretary] b. Approve Ordinance 2012 -14, amending the traffic schedule to ratify stop signs at the intersection of University Avenue and 13th Street, 2nd reading. [Aron Kulhavy, Director of Public Works] c. Approve Ordinance 2012 -16, amending the budget for FY10 -11. [Winston Duke, Finance Director] d. Approve Ordinance 2012 -17, amending the budget for FY11 -12. [Winston Duke, Finance Director] e. Authorize the City Manager to apply for, accept if awarded, and implement a 2013 JAG Grant from the H- GAC /Texas Criminal Justice Division and adopt Resolution 2012 -14 in support of same. [Dr. Sherry McKibben, Community Development Specialist] f. Authorize the City Manager to approve the purchase of recycle carts and replacement carts from Toter in the amount of $36,504.00. [Billie Smith, Procurement Manager] g. Authorize the City Manager to purchase one (1) automated residential truck from Chastang's Bayou City Autocar in the amount of $267,540. [Billie Smith, Procurement Manager] h. Authorize the City Manager to purchase tires from Southern Tire Mart through the Buy Board Cooperative, to purchase tires from Wingfoot through the TCPN or TXMAS Cooperative, to purchase recaps from TDCJ /TCI and renew the contracts with American Tire and Reliable Auto Parts with the requested price increases. [Billie Smith, Procurement Manager] Councilmember Humphrey made a motion to approve the Consent Agenda and was seconded by Councilmember Montaomerv. The Mayor announced the motion passed unanimously, 9 -0. 6. STATUTORY AGENDA a. Presentation and possible action to authorize the City Manager to apply for, accept, and implement the 2012 SAFER Grant for four (4) new Firefighters and adopt Resolution 2012 -16 in support of same. [Dr. Sherry McKibben, Community Development Specialist] Councilmember Fitch made a motion to approve and was seconded by Councilmember Loll. Mr. Baine said the grant would fund the positions for two years only. Fire Chief Tom Grisham described the volunteers as the "heart of the department" and lauded their service to the community. The Mayor noted the insurance premium benefits to the citizens when the Fire Dept. had additional full -time paid firefighters. Councilmember Montgomery asked and was told there were 36 volunteer firefighters and 12 paid, including the Chief. She noted this grant was different than that applied for last year, in that there was initial full funding, but had a concern about finding the money in the budget in the third and following years. Chief Grisham discussed national standards of three firefighters to staff -each truck -and -that they were -able to do this - during the day- allowing one `first -out" truck during the week. The second truck, he said, was manned by volunteers or a firefighter on overtime. The Chief said they hadtriedjuggling staff and used the college student bunker program —to try to maintain the `excellent service" they provided. He said if they got the grant they would use it to address night staffing or adding another shift. Councilmember Fitch stressed the need to have more firefighters, and administrators having to fight fires rather than directing scenes. Councilmember Allen was told that it would take nine firefighters on duty at any one time to staff all three stations for a first truck, and that the grant - provided firefighters would go in the right direction. Councilmember Humphrey asked and was told that City of Huntsville also covered TDCJ and SHSU. Councilmember Loll urged the personal safety and betterment needs of the firefighters themselves and asked about recruitment. The Chief said they had good response from university students who had served as volunteers from their hometowns who volunteered here. Councilmember Montgomery thanked the Chief for his service and urged volunteers to come forward. The Mayor announced the motion passed unanimously, 9 -0. b. Presentation and possible action to approve Resolution 2012 -13, authorizing an application for HOME program funds on behalf of the City of Huntsville from Spring Hills Apt, LP, for the Spring Hills apartment project located in the Robert Smither Homeplace Subdivision at the northeast corner of State Highway 75 North and Gospel Hill Road. [Aron Kulhavy, Director of Public Works] Councilmember Johnson made a motion to approve and was seconded bv Councilmember Montgomery. The Mayor announced the motion passed unanimously. 9 -0. c. Presentation and possible action to approve Resolution 2012 -15 in support of an application for Housing Tax Credits and authorization of an application for HOME program funds on behalf of the City of Huntsville from National Church Residences, for the Parkview Place apartment project located at 1100 Avenue N, Lot 2, of the Memorial Hospital Subdivision. [Aron Kulhavy, Director of Public Works] Councilmember Johnson made a motion to approve and was seconded by Councilmember Fitch. Aron Kulhavy, Director of Public Works, said this item was an existing complex and in need of rehab and that the requestors were interested in investing in the property and taking ownership, therefore placing it back on the tax rolls. Representative Christina Sanchez of National Church Residences spoke about her company and the project. The Mayor announced the motion passed unanimously. 9 -0. d. Presentation and possible action to amend the Community Revitalization Plan to add Lot 2 of the Huntsville Memorial Hospital Subdivision. [Aron Kulhavy, Director of Public Works] Councilmember Olson made a motion to approve and was seconded by Councilmember Humphrey. The Mayor announced the motion passed unanimously, 9 -0. e. Presentation and possible action to approve Ordinance 2012 -18, amending Chapter 12 "Buildings and Building Regulations" of the Code of Ordinances through the adoption of the 2009 Edition of the international Energy Conservation Code, 1st reading. [Aron Kulhavy, Director of Public Works] Mike Roempke, Building Official, confirmed existing buildings were grandfathered until remodeling or similar situations in response to Councilmember Montgomery's question, noting this code was more stringent. Councilmember Johnson expressed concern over this and Mr. Roempke mentioned it was being required by the State. Mr. Schneider and Mr. Roempke discussed the State Health and Safety Code provision for this and acknowledged that the City Code was being brought in line with this. Councilmembers Emmett and Loll discussed the possible expense to citizens and Mr. Roempke noted it was not a City - promulgated issue. Councilmember Humphrey and Mr. Roempke covered vender and permit - applicant education. Councilmember Fitch was told that this particular code applied to commercial buildings and that new single - family construction was addressed with code updates made in January, and that roof /attic decking exposure in existing residential structures would trigger similar but less expansive requirements, unless it was for a change in use. Mr. Roempke told Councilmember Emmett that City inspectors were trained ih the necessary inspections. Councilmember Olson received confirmation that 2009 was the most current completely updated code and that Huntsville was typical in updating approximately every six years. Mr. Roempke noted that currently there was no permit required for re- roofing unless the structure was damaged. f. Presentation and possible action to approve the Standard Form of Agreement between City of Huntsville and Absolute Energy Solutions (Absolute) for Professional Services related to individual Task Orders. [Aron Kulhavy, Director of Public Works] Councilmember Johnson made a motion to approve and was seconded bv Councilmember Humphrey. Mr. Kulhavy noted all documents would reflect a one -year agreement. The Mayor announced the motion passed unanimously. 9 -0. 7. MAYOR /CITY COUNCIL AND CITY MANAGER REPORT a. Presentation and possible action to approve the nomination of Bill Barry for the Board of Adjustments - -Z-on i n g:-[MayorWo odward] Mayor Woodward nominated Bill Barry. The Mayor announced the motion oassed unanimously, 9 -0. b. Presentation, discussion and possible action to approve Ordinance 2012 -15 to add seats for three additional members to the Huntsville Beautification Advisory Committee, 1st reading. [Mayor Woodward] The Mayor noted the Committee had asked for the item in order to provide better representation. c. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. Mr. Baine invited the public to the February 25th library opening at 2pm. He said the restroom /concession stand at Kate Barr Ross Park was on site awaiting dirt work and said the ball field was also behind, both due to rain. Mr. Baine said the Sprite Spark basketball court needed to dry; the architect's agreement for the tornado shelter had been signed; and there were approvals for platting at Brookview and Spring Lake. He welcomed back Eric Pena, returned from the City of Huntsville. Mr. Baine said water well generators were proceeding; engineering was almost complete on the replacement well; the rain at the airport last week was about 1.75" and the drainage structures were made for 2.4" in one hour; Laserfiche installation continues. He noted the Council's support of firefighters and thanked them for approving the Absolute GSA. 8. PUBLIC COMMENT a. Related to any matter — 2 minutes per speaker Katie Newman thanked the Mayor for support of the additional seats for the Beautification Committee and reminded all but Friday's Beautification Golf Tournament, noting proceeds were for beautification and wildflowers. 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 reported that Councilmember Humphrey, Chris Vasquez, IT Manager, and Esther Herklotz, Solid Waste Superintendent participated in the HMH 5K. He also announced the Valentine's Day pancake breakfast the Council prepared for the employees and thanked Bryan Matthys and Tom Henry of Kiwanis for loaning griddles, Matt Lumpkins and Joseph Wiggs and their crew for cooking sausage, and Tammy Gann for expertise to pull it off. He noted the City would participate in the Chamber Trade Expo on March 1 at the Fairgrounds from 4 -8pm. The Mayor noted the Hornet and Lady Hornet basketball teams were in UIL Playoffs and the Hornet swim teams had five members going to state. The Mayor encouraged everyone to support the Lions Club annual Flag Project. Councilmember Humphrey announced the 3rd Annual SHSU All Paws In on March 3, with over 500 volunteers out in the community. The Mayor reminded those assembled of the library opening Saturday and invited all to the Sam Houston Birthday events all day on March 2. 11. WORKSHOP The Council will convene in the large conference room for a workshop on the proposed Community Enterprise Corporation. [Mayor Woodward] (This meeting was actually held in the Chamber and was televised.) The Council adiourned at 7:27 o.m. and reconvened into the workshop at 7:39 o.m. The Mayor asked the City Attorney to address the question of the Texas Open Meetings Act. Mr. Schneider said his research showed that non - profit corporations were not subject to the Act and added that any corporate documents relating to public funds were subject to the Texas Public Information Act. (The Mayor permitted Mr. Schneider to leave the meeting at this point, 7:44pm.) Mayor Woodward asked Mayor J. Turner to join the Council on the dais as he had created the Economic Development Ad Hoc Committee (EDAHC) and had served faithfully on it throughout. The Mayor asked Councilmember Johnson to address the Council's concerns. Councilmember Johnson noted that [former Councilmember] Dr. Wayne Barrett was not able to attend tonight and emphasized the great degree of agreement among the EDAHC members as the project had developed. Councilmember Johnson referred to a Houston Chronicle article on the 2012 President of Houston chapter of the AIA which stated this architect "leads a group that strives to accomplish things in the community that no one firm could do alone," saying this had also been realized in Huntsville. He then drew attention to the Term Sheet, noting it mentioned types of expenditures and potential partners, and that it should not be taken as concrete plans. He said the non - profit corporation could be formed with no financial or legal obligations, and that those would come in the form of contracts between the individual organizations and the new corporation. He said the decision to be made was, as a community, do we want to grow and prosper and add to the tax base. If the answer is yes, do we trust the members of the EDAHC to agree that this is a "fairly innocuous document" that the City could join in signing in the future. Councilmember Johnson said he was convinced the City needed to do it but that it was not his decision alone, rather the Council's. He expressed the feeling that the impact would be greater for youth than for older community members. Mayor Turner thanked the Council for inviting him and gave a brief overview of how the EDAHC came to be. He Paid out what he thought the three most important steps were, the - first -being the person -to be hired-as director -He said the- person hired must be a seasoned and proven professional in order to compete, which would require a level of funding. Mayor Turner's second point characterized that being_ undercapitalized was_one of the worst things that could -be done and that bringing in partners was crucial to success to have adequate resources and staying power. He said the EDAHC had established a five year window for results and acknowledged that sharing with partners did entail a loss of control. Mayor Turner's final point was a concern over surety of success, and offered his point that strategy of targeting what is best for the community is the guiding principle. He expressed the huge difference between recruitment and responding to those who approached the City; that saying no required asking what was good for the community. Mayor Turner said he had been the most skeptical on the EDAHC initially, but that what was different this time was the approach of hiring a seasoned professional, being well- funded, and focusing on what was good for the community. M r. Baine said this project was about being inclusive. He noted there had been business successes that the citizens loved but they wanted "absolutely everything." Mr. Baine expressed a great need for non - governmental jobs, said that new residential construction was needed, and the hospital wanted patients with good insurance. He described the potential for a powerful coalition and urged working together collectively. Mr. Baine agreed there was a limit to what the City could afford but called this an idea whose time had come. Mayor Woodward asked about the discussion of what kind of participation the City should have. Mayor Turner said there were land mines__ lowering the chance of success if the City went alone, namely undercapitalization, then the situation of where the corporation director would fit in the organization. He emphasized the need for a broad base of support in realizing the effort sought and stressed the responsibility of selecting the type of director needed and that the City alone could not devote the resources required for success. Mayor Woodward also acknowledged political "land mines" and the increase in potential success the broader the community confidence. Councilmember Fitch reminded the Council of last month's productive retreat and the agreement that disagreement was healthy, and that asking questions did not mean someone was against economic development as a whole. He said there was a large portion of the community concerned about placing City money in another's hands and could_not be ignored_He expressed the understanding of the need for commitment but that it would be different in a poorer economy, asking what the situation was in Auburn when their program started. Councilmember Fitch said a citizen had contacted him and relayed they had spoken with a County Commissioner who was not aware of the money investment. He asked who, specifically, had been approached. Mayor Turner described similarities to Auburn, such as the University, but also some profound differences; Opelaka and Au burn were twinned cities and that Alabama had a payroll tax on every job to use for funding. He described the early '80s as having high inflation, high unemployment, and high interest rates and that now there was only high unemployment. He stressed that Auburn targeted smaller companies and how crucial it was for success. Mayor Turner reported he and Dr. Barrett had met with Judge Pierce and Commissioner Tim Paulsel in the summer of 2011 and got a positive initial response, leading them to invite them to go to Sulfur Springs with the EDAHC. The Mayor elaborated on the trip, building rapport on the way up and explaining the $200,000 bracket the EDAHC had developed, recognizing the positive response without the ability to commit the Commissioner's Court. He reminded all that a governmental body could not commit a future body to action, although he felt success would ensure continued participation. He said the EDAHC had spoken with the chief operating officer of all four potential partners and hoped those organizations were building support although he couldn't guarantee it. Councilmember Allen asked Mayor Turner about "bringing in partners" and asked if there was 100% surety if the other entities were "on board." Asked for a yes or no answer, Mayor Turner said no. Councilmember Allen addressed a similar question to Mr. Baine, who said he felt HMH and SHSU were committed. Councilmember Allen said Mr. Baine was sure about a tax increase for firefighting and asked if he believed the CEC would cause one. Mr. Baine relayed how he tracked future needs and that what had been made clear to him in his time at the City was to keep the tax rate flat or lowered, that every year he tried to figure out a way to keep the tax rate balanced against services but that he could not make a promise on taxes. Mr. Baine said the real need was income. Mayor Turner noted it was provided for in the current budget and taxes had not been raised. Councilmember Olson expressed a concern over having to raise taxes if some action was not taken and felt this was a viable option, if not a guarantee. He urged support of this as an "investment for a lifetime" for the price of one firefighter for one year in spite of his belief that two or three times as many firefighters were truly needed. He said he was more concerned about what would happen if the City did not participate. Councilmember Humphrey said she believed that previous Councils had specifically chosen a path of stewardship in order not lo increase taxes but was not sure how the City had continued to operate without doing so. She added that she did not want to see taxes go up and did not want to have this potential investment in the future tied to a tax increase, Councilmember Humphrey expressed that realized the Council would have to discuss the possibility of a tax increase but that it was a separate conversation from any single investment or expenditure. Councilmember Loll described the EDAHC as exhibiting transformational visionary leadership, that he believed in economic development, and that he wanted to see its benefits in the community. He said he thought this would fuel growth that would maintain a livable tax rate for all. Councilmember Montgomery agreed with Councilmember Loll on the need for investment and said she felt that it could be a mistake not to participate and supported going after targeted businesses so the whole community could benefit. She said every partner had something to lose but far more to gain. Mr. Baine said it had been clear to him the City could not do it alone. Councilmember Johnson observed the value of the comments made and the majority feeling that the City could not do nothing. Mayor Woodward again announced the Town Hall at the Walker Education Center on February 28. Councilmember Olson encouraged all to come forward with questions and concerns if they did not want to participate in the public forum. Commissioner Ronnie White said the issue had not come before the Commissioner's Court and that the Commissioners were familiar with the discussion although they may not know the details. 12. ADJOURNMENT Mavor-W-oodward-ad otrrrred-theemeetino at a:zz D.M. Respectfully submitted, Lee Woodward, li ecretary