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Minutes - 04/19/2016 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 19th DAY OF APRIL 2016, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 1:30 P.M. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Andy Brauninger, Joe Emmett, Lydia Montgomery, Don H. Johnson, Keith Olson, Ronald Allen (arrived at 3:40 p.m.), Joe P. Rodriquez, Tish Humphrey COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager; Leonard Schneider, City Attorney; Lee Woodward, City Secretary _________________________________________________________________________________________ WORK SESSION \[1:30 P.M.\] The City Council will receive a presentation from Freese & Nichols on Condition Assessment of Palm Street Water Plant; a review of Planning Commission recommendations on Manufactured Housing and Recreational Vehicles; and a review of Presidential Busts report. The Council received and discussed the three presentations. Freese & Nichols noted they had completed portions of the water distribution system study, which led to updated recommendations quite different from those presented to the Long Range Planning Committee previously. Leroy Hilton, Woody Woods, and Debra Durda of the Planning Commission were permitted to share how their group had reviewed and come to the recommendations on the Development Code updates. City Manager Matt Benoit recapped his visit to Mr. Adickes facility in Houston to view the component pieces of the busts. MAIN SESSION \[6:00 P.M.\] 1. CALL TO ORDER - Mayor Brauninger called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGES – Councilmember Rodriquez gave an invocation and Chloe Weich of Huntsville High School led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Stroke Awareness and Neon for Neurons presentation from Huntsville Memorial Hospital - Recognition of SHSU Ladykats basketball team - New City calendars are here - Presentation of FY 14-15 audit by Pattillo, Brown & Hill 4. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. Consider items for discussion submitted via Citizen Participation Request by Heather Hudacko \[Matt Benoit, City Manager\] Mrs. Hudacko did not appear for this item. 5. PUBLIC HEARING City Council will receive comments on proposed updates and consider adopting Ordinance 2016-20, amending the City’s Development Code Article 4: Use Regulations, Table 4-1: Use Table; Section 4.203, Mobile Homes and Manufactured Housing Units; Article 5: Lot and Setback Regulations, Table 5-1: Lot and Building Setback Regulations; and Section 5.400, Residential Lots of the City of Huntsville Development Code. \[Aron Kulhavy, Director of Community and Economic Development\] Mayor Brauninger opened the public hearing at 6:20 p.m. Jacob Mikeska, Donna Pinon, Mike Clouds, Randall Brooks, Amber Henson, Steve Sherman, Linda Thompson, and Planning Commission members Debra Durda and Tommy Cummings offered public comment. Mayor Brauninger closed the public hearing at 7:03 p.m. a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-20, amending the City’s Development Code Article 4: Use Regulations, Table 4-1: Use Table; Section 4.203, Mobile Homes and Manufactured Housing Units; Article 5: Lot and Setback Regulations, Table 5-1: Lot and Building Setback Regulations; and Section 5.400, Residential Lots of the City of Huntsville Development Code, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] First reading, no action taken. Aron Kulhavy, Director of Community and Economic Development, noted only new development in the community would be governed by the proposed Development Code updates. Councilmember Olson reminded the Council of workshop discussion on modifications and spoke in support of requiring skirting on existing manufactured homes within one year of notice. Councilmember Rodriquez spoke for not requiring skirting on existing manufactured homes in the city and then suggested that no new requirements be placed on any existing manufactured homes or parks, only to new ones, except for the requirement of roads as proposed. Councilmember Johnson asked to review the proposed changes for the Code of Ordinances (item 5b) 1-year standards for all existing and new manufactured home parks: • Identify streets and spaces by signs • Entrance lighting • Utility connection compliance • Road/access repair (as required on a construction site, materials not specified) Councilmember Olson said he supported them standards as proposed for existing parks. Councilmember Montgomery offered 18 months to two years. The Council then reviewed the proposed changes for the Code of Ordinances (item 5b) 3-year standards for all existing and new manufactured home parks: • Storm drainage • Paved access • Boundary screen • Lighting improvements • Dumpster screen • Utility improvements for fire service Councilmember Olson suggested, for existing parks, a visual inspection (cleared by certain number of days) standard for storm drainage, that paved access be the same as the 1-year standard, to do away with the boundary screen, that the dumpster screen be a 1-year requirement, and not to require utility improvements for fire service. b. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-21, amending Chapter 30 Manufactured Homes and Recreational Vehicles of the Code of Ordinances of the City of Huntsville, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] First reading, no action taken, discussed under item 5a. 6. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (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 April 5, 2016 and the Special Session for a combined workshop with the Planning Commission on April 7, 2016. \[Lee Woodward, City Secretary\] b. Authorize the City Manager to submit an application to the Department of Justice Bulletproof Vest Program for $6,300.00. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] Mayor Pro Tem Olson moved to adopt the consent agenda; the motion was seconded by Councilmember Montgomery. The motion was unanimously adopted, 8-0. 7. STATUTORY AGENDA a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2016-24 amending the City’s Code of Ordinances, Chapter 44 “Traffic and Motor Vehicles” to establish paid parking, first reading. \[Steve Ritter, Finance Director\] First reading, no action taken. City Attorney Leonard Schneider reviewed some of the proposed provisions of the paid parking program. b. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-16, converting the traffic movement along Bearkat Boulevard and Bobby K. Marks Drive from the existing two-way movement to a one-way movement and Ordinance 2016-17 creating paid parking spaces along Bearkat Boulevard and Bobby K. Marks Drive, first reading. \[Steve Ritter, Finance Director\] First reading, no action taken. Thomas Leeper asked the Council to consider alternatives to items 7b and 7d. c. FIRST READING - Presentation, public comment, discussion, and possible action toconsider adoption of Ordinance 2016-15 amending the Fiscal Year 2015-2016 Annual Budget, Ordinance 2015-43, to amend the “Schedules of Fees and Charges” to establish paid parking fees, and declaring an effective date, first reading. \[Steve Ritter, Finance Director\] First reading, no action taken. Steve Ritter, Finance Director, confirmed the proposed parking rate of $1.50 the first hour and $1.25 per hour thereafter. d. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-19 abandoning street rights-of-way for certain streets within the City of Huntsville, Texas, and conveying the same by special warranty deed to Sam Houston State University; providing the maintenance of said streets shall be the responsibility of Sam Houston State University; reserving easements for the right of the City of Huntsville to maintain its utilities; providing access for emergency vehicles; declaring an effective date and containing other provisions incident thereto, first reading. \[Matt Benoit, City Manager\] First reading, no action taken. Thomas Leeper asked the Council to consider alternatives to items 7b and 7d during item 7b. e. FIRST READING - Presentation, public comment, discussion, and possible action to adopt Ordinance 2016-23, amending Ordinance 2015-43 for the Fiscal Year 2015-2016 Annual Budget, to amend Exhibit “C” “Schedule of Fees and Charges” to establish credit card usage fees, and declaring an effective date, first reading. \[Steve Ritter, Finance Director\] First reading, no action taken. Mr. Ritter explained more customers, including commercial customers, were paying with credit cards, increasing the City’s processing costs for accepting credit cards for payment. City Attorney Schneider later in the meeting confirmed that Chapter 132 of the Local Government Code permitted the City to charge such fees. f. Presentation, public comment, discussion, and possible action to authorize the City Manager to sign a construction services agreement with Garney Companies, Inc. for construction services to complete the Town Creek drainage project, second reading. \[Matt Benoit, City Manager; Dr. Sherry McKibben, Director of Neighborhood Resources; Y. S. Ram Ramachandra, City Engineer\] Councilmember Humphrey moved to authorize the City Manager to sign a construction services agreement with Garney Companies, Inc. for construction services to complete the Town Creek Drainage Project, the motion was seconded by Mayor Pro Tem Olson. The motion was adopted unanimously, 8-0. g. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to sign a contract with the Mike Barnes Group, Inc. for professional economic development services. \[Matt Benoit, City Manager\] Councilmember Johnson moved to authorize the City Manager to sign a contract with Mike Barnes Group, Inc. for professional economic development services, the motion was seconded by Councilmember Humphrey. Councilmember Johnson moved to amend by inserting “and interview Mike Barnes tonight” after “economic development services”; the motion was seconded by Councilmember Humphrey. The Council recessed from 8:35-8:47 p.m. The City Attorney discussed application of Texas Government Code Chapter 2254 and Local Government Code Chapter 252. The amendment was adopted, 7-1, Councilmember Allen voting against. The main motion was adopted, 7-1, Councilmember Allen voting against. 8. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, public comment, and discussion on presentation of FY16-17 budget. \[Steve Ritter, Finance Director\] Mr. Ritter reviewed the current revenues and expenditures by fund, with a view to year-end and budgeting expectations. b. Presentation, public comment, discussion, and possible action to authorize the City Manager to approve a contract with Gallagher Benefit Services, Inc. for benefits consulting services and payment in the amount of $45,000. \[Mayor Brauninger and Councilmember Allen\] Councilmember Humphrey moved to authorize the City Manager to approve a contract with Gallagher Benefit Services, Inc. for benefits consulting services and payment in the amount of $45,000, the motion was seconded by Councilmember Montgomery. The motion was adopted, 8-0. c. Presentation, public comment, discussion, and possible action to hear the report of the Board and Commissions Review Ad Hoc Committee and to adopt Ordinance 2016-14 amending Ordinance 2002-18, Section 1 (d) Duties of Board, second reading. \[Committee Chair Councilmember Montgomery\] Councilmember Montgomery moved to adopt Ordinance 2016-14, amending Ordinance 2002-18 Section 1(d) Duties of Board, along with a substitute for Section 2 (A) to read A. Creation; number of members. The board provided for herein shall be comprised of eleven (11) members to be recommended by the Mayor and approved by City Council. The Board shall annual select from the 11 members a person to serve as Chair of the Board and a person to serve as Vice-Chair. The Director of Parks and Leisure shall serve as an ex-officio member of the Board. The motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 8-0. d. Presentation, public comment, discussion, and possible action on reappointment of Douglas Wright to the Cemetery Advisory Board. \[Mayor Brauninger\] Mayor Brauninger moved his nomination of Douglas Wright. The motion was unanimously adopted, 8-0. e. Presentation, public comment, discussion, and possible action on contract renewal for City Secretary. \[Mayor Brauninger\] Mayor Pro Tem Olson moved to approve the contract renewal for the City Secretary. The motion was seconded by Councilmembers Humphrey and Montgomery. The motion was adopted 8-0. f. FIRST READING - Presentation, public comment, discussion, and possible action to adopt Ordinance 2016-22 to suspend the GRIP rates proposed by CenterPoint Energy, first reading. \[Leonard Schneider, City Attorney\] Mayor Pro Tem Olson moved to waive a second reading per the provisions of the City Charter and to adopt Ordinance 2016-22 to suspend the GRIP rates proposed by CenterPoint Energy; the motion was seconded by Councilmember Johnson. The motion was unanimously adopted, 8-0. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 10. ITEMS OF COMMUNITY INTEREST - Mayor Pro Tem Olson shared an HISD Minute!, noting that the community made last Tuesday’s Little Stingers Book Drive an overwhelming success, by donating approximately 10,000 new and gently used books for PreK-4th graders to take home and have a book to read over the summer. He said that it is so very important that children are read and spoken to, especially when they are very young, to develop their vocabularies, and that all want to ensure every child has a book of their own to have someone read to them. Mayor Pro Tem Olson went on to say that Superintendent Dr. Howell Wright was recently honored by the Walker/Trinity Counties Chapter of the NAACP for outstanding educational services to youth and was presented with their Educator of the Year 2016 award. Finally, Mayor Pro Tem Olson announced that the Mance Park Middle School Cantorum Girls Choir recently received straight “1”s at UIL Concert & Sightreading Competition, bringing home the sweepstakes award, and that the Huntsville Lady Hornet Golf Team is headed to State after finishing third overall at the Regional Tournament last week. Mayor Brauninger announced: - The Main Street Music Festival will be returning in April. Watch the Main Street Facebook page for dates and performers. - There is a great new video available on the City’s social media platforms with information about early voting. Deputy City Secretary Megan Kaltenbach created this fun short video. - The Collegiate Veteran Association at SHSU is hosting Veteran's Night at the Observatory on April 30 @ 8 p.m. The CVA is a group of veterans that get together twice a month to help spread awareness and provide support for one another. Call 904- 316-9290 for more information. - The Mayor also shared how much he enjoyed last Friday’s Relay for Life and lauded the participation of SHSU students. 11. EXECUTIVE SESSION a. City Council will meet in executive session pursuant to Texas Government Code Section 551.071 - consultation with counsel on legal matters regarding the City's bidding process to sell City-owned real property. \[Mayor Brauninger\] The Council adjourned into Executive Session at 10:05 p.m. 12. RECONVENE Take action, if necessary, on items addressed during Executive Session. The Council reconvened at 10:34 p.m. No action was taken. 13. ADJOURNMENT Mayor Brauninger adjourned the meeting at 10:34 p.m. Lee Woodward, City Secretary