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Minutes - 03/20/2012MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF MARCH 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 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: Bill Baine. City Manaoer: Leonard Schneider. City Attorney Lee Woodward. Citv Secretary REGULAR SESSION [6:OOPM] 1. CALL TO ORDER 2. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. 1 pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Mayor Woodward gave the invocation and Jared Brown led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS Councilmember Tish Humphrey announced the City's web site had won a government. City Manager Bill Baine recognized City employees Debra Jones of the HPD and their excellent service to the City. 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 Sunny Award for transparency in Brent Slott of the IT Department for Kenneth Callahan spoke about the need for public transportation in the community and how it can be funded. 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 Session held on March 6, 2012. [Lee Woodward, City Secretary] b. Approve Ordinance 2012 -20, to update the City Council Rules of Procedure, 2nd reading. [Mayor Woodward, Councilmembers Olson and Humphrey] c. Approve Ordinance 2012 -21 to deny the Entergy rate increase, 2nd reading. [Leonard Schneider, City Attorney] d. Approve Ordinance 2012 -22, amending the budget for FY11 -12. [Winston Duke, Finance Director] e. Ratify the City Manager's application for, acceptance upon award, and implementation of the 2012 H -GAC Homeland Security Grant for a HazMat Detection and Identification System in the amount of $71,250.00, with no City match required. [Dr. Sherry McKibben, Community Development Specialist] Councilmember Humphrey made a motion to approve the Consent Agenda and was seconded by Councilmember Johnson. Councilmember Allen asked to pull item d. An announcement was made for a clarification to the Rules of Procedure 7.5a.(5) to match 7.5a.(1). Councilmember Montgomery confirmed that Councilmember Johnson had pulled his addition to the Rules of Procedure that two Councilmembers would be needed to place an item on the agenda. The Mayor announced the motion passed unanimously. Councilmember Humphrey made a motion to approve item d and was seconded by Councilmember Olson. Councilmember Allen asked why the $30,000 for the convention study had been placed. Mr. Baine recalled it had been brought forward the last two years and that there was a need for the City to know firsthand the best location for a potential convention center. He also noted many local larger organizations held meetings outside the city due to the size of facilities needed. Councilmember Allen asked what information was needed that the City did not have or could not get for free. Kimm Thomas, Director of Tourism and Cultural Arts, said $30,000 was the high end of the range of pricing received in the last two years. The Mayor confirmed that approval was not being given for more than $30,000. Mrs. Thomas said an example of the information to be included in the study would be market analysis and site selection, a financial analysis, and a report to the City. Councilmember Fitch confirmed that the money had not been spent on the study in the last two years and was also told that a prior study had been done about ten years ago. Mrs. Thomas listed other potential benefits from a local convention center. Councilmember Johnson confirmed that it was expected that the study would take about three months. Councilmember Fitch reminded the Council that the NCAA teams that competed in the playoffs recently had to stay out of town due to the hotel requirements Huntsville could not meet. The Mayor announced the motion passed unanimously_ 6. STATUTORY AGENDA -a. r';=ese^tatio;,,— discussion, and-possible e mien to consider an agreement with Utility Service Providers (USP) on the National League of Cities (NLC) Service Line Warranty Program. [Aron Kulhavy, Director of Public Works] Councilmember Johnson made a motion to approve the agreement and was seconded by Councilmember Olson. The Mayor announced Councilmember Emmett had signed a Conflict of Interest and would not take part in this item. Councilmember Emmett left the dais. Councilmember Johnson said the situation seemed to be a private enterprise offering insurance to homeowners for stoppages. He said he would like to keep it as an option to citizens without putting the City's stamp on it, as he thought there were other companies who offer the same type of service. Councilmember Humphrey recalled that the Council had been told that this company would not offer the program locally without the City's endorsement. Councilmember Montgomery agreed on the potential confusion to citizens, noting the material did not say anything about street cuts and asked if the City would be reimbursed if a cut were necessary. Aron Kulhavy, Director of Public Works, said the company confirmed it would cover the cost of street cuts, which would be billed to the plumber, who is paid by USP. Councilmember Fitch asked why this company required the City's backing. Mr. Kulhavy said citizens had received similar material from two or three other companies but that USP had been vetted and was supported by NLC and that this was why his department was bringing the item forward. He added that USP's business model was more successful when receiving municipal support. Councilmember Loll asked what "a small portion of the project" in the USP materials. Mr. Kulhavy referred to the endorsement items being requested and clarified it was not asking for financial considerations. Councilmember Johnson asked if other companies would be willing to serve the citizens without the City's endorsement and Mr. Kulhavy said there were, and citizens would have to review those organizations on their own. Councilmember Allen said he felt the City would be giving USP a "little up," was not the "American way," and could be unfair to competition. The Mayor pointed out that USP was offering revenue to the City but that he doubted it was enough to risk appearing to endorse one company over another. Councilmember Loll moved to postpone the motion temporarily. Mr. Kulhavy said tabling would cause the project not to be considered again until the fall. Councilmembers Olson and Loll voted for the motion to postpone and the Mayor and Councilmembers Montgomery. Humphrey. Fitch. Johnson. and Allen voted aaainst. Councilmember Montgomery encouraged the Council not to lose sight of this being a much - needed service for the community, and that she was glad it was supported by the NLC, but felt the USP request for the use of the City seal presented a conflict for the City. Mr. Kulhavy answered a query from Councilmember Olson that USP was the only company he knew of that had been approved by NLC and that other companies had not asked for the same type of participation by the City. The motion failed unanimously. 8 -0. 7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion, and possible action on nomination of Claire Donovan to be appointed to the Youth Advisory Board. [Mayor Woodward] Mayor Woodward nominated Claire Donovan for an open position on the Youth Advisory Board. The motion Passed unanimously. b. City Manager's Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. Mr. Baine discussed the opening of the Sprite Spark Basketball Court at Kate Barr Ross Park last week. He announced the upcoming workshops on capital projects, including Lake Road sidewalks. He recalled the loss of K9 Quintus and asked for donations to help buy a replacement, which Chief Lunsford would be about $12,000. Mr. Baine showed graphs of property tax revenue and its lessening in view of inflation, noting the citizens had voted to permit an increase in taxes that had not occurred. The Mayor pointed out that each year there was more available to the General Fund as debt was paid off. Winston Duke, Director of Finance, confirmed that new value to the property tax roll increased about $100,000 annually. Mr. Baine showed the same types of graphs for sales tax, noting the same trend (down when considered with inflation). He said the bottom line was that revenue was flat and expenses were going up. The Mayor reminded the Council to be sensitive as the County would be financing a jail project and that there were other taxing entities. Councilmember Fitch asked Mr. Baine if the new bathrooms were working at Kate Barr Ross Park. Mr. Baine said he had been to the park and seen that the sidewalks had not been poured and the bathrooms would open when that was done. Councilmember Fitch noted the entire Sprite Sparks court had been poured in the same time. 8. PUBLIC COMMENT Ethel Monroy announced Premier High School's upcoming free eight week parenting program called "Family Toolbox" to begin on Mondays, April 2 -May 21, from 6 7pm7saying -it -was- open-to—all local parents and asking them to call the school for more information or reservations. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no 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.) Councilmember Olson announced that the City is cosponsoring in the 16th Annual HUBNendor Show at the County Shelter on March 27 from 9:30- 12:30. The Mayor let everyone know about Larry Fusaro being named Citizen of the Year Monday evening and congratulated him and the other finalists. The Mayor invited all to attend the City Council's fourth Council Coffee a week from tonight, March 27, at the Huntsville Public Library from 5:30 -7. He also mentioned the Wine Down, Shop Small will be Thursday, April 19 from 6 -9pm at businesses around the Square and that more information was available at Main Street. The Mayor said Spring Clean will be downtown on The Square on Saturday, April 28, from 9 -2 and that this year's Chick -Fil -A LeaderCast event will be on May 4 and information is available from the Chamber of Commerce at 295- 8113__ He -said Tourism Week would occur May 5 -13 and Mrs. Thomas noted there would be a number of events occurring throughout. Councilmember Humphrey noted the positive feedback from visiting riders in the recent Raven Ride who braved the bad weather and appreciated the friendly reception they had experienced in Huntsville. 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 of City Secretary Lee Woodward, part 1 of 3. [Mayor Woodward] b. City Council will convene in closed session as authorized by Texas Government Code, 551;087 — deliberation regarding economic development negotiation. [Mayor Woodward] Mayor Woodward adiourned into Executive Session at 7:16 p.m. The Mayor noted there would not be any action taken after the Executive Session. 12. RECONVENE a. Take action, if necessary, on items addressed during Executive Session Mayor Woodward reconvened the meeting at 9 :12 p.m. 13. ADJOURNMENT Mayor Woodward adiourned the meetino at 9:13 p.m. Respectfully submitted, Lee Woodward, City Secretary