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Minutes - 05/03/2016 rd MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 3 DAY OF MAY 2016, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 2:00 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 2:28 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 \[2:00 P.M.\] The City Council will receive a presentation from Freese & Nichols on the Condition Assessment of the A. J. Brown and N. B. Davidson Wastewater Treatment Plants; a review of Planning Commission recommendations on Manufactured Housing and Recreational Vehicles. The Council received and discussed the three presentations and the recommendations for the wastewater treatment plants. RECEPTION \[5:30-6:00 P.M.\] - Youth Leadership Institute participants will be honored. 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 – Mayor Brauninger gave an invocation and the Youth Leadership Institute participants led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - National Tourism Week - Municipal Clerks Week - Recognition of runner Brad Ertl by Councilmember Tish Humphrey - Youth Leadership Institute recognition 4. 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 19, 2016. \[Lee Woodward, City Secretary\] b. Authorize the City Manager to apply for a Pre-Disaster Mitigation (PDM) Planning Grant and a Hazard Mitigation Grant Program (HMGP) grant each for $60,000.00 in grant funds with $20,000.00 matching funds, and adopt Resolutions 2016-26 and 2016-27, respectively, in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] c. Authorize the purchase of office supplies and related items from Office Depot.\[Steve Ritter, Director of Finance\] Councilmember Montgomery moved to adopt the consent agenda; the motion was seconded by Councilmembers Johnson and Olson. The motion was unanimously adopted, 8-0. 5. STATUTORY AGENDA a. 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, second reading. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Humphrey signed a Conflict of Interest form and did not participate in the discussion or vote. Linda Thompson, Randall Brooks, Mike Clouds, Leroy Hilton, and Debra Durda offered public comment. Mayor Pro Tem Olson moved to adopt 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; the motion was seconded by Councilmember Rodriquez. Mayor Pro Tem Olson moved the Previous Question and was seconded by the Mayor. Councilmember Montgomery moved amend by removing 4.203.H from the proposed Development Code updates, the requirement for a storage unit, in new developments, and was seconded by Mayor Pro Tem Olson. The motion was adopted, 6-1, Councilmember Allen voting against. The main motion as amended was adopted, 6-1, Councilmember Allen voting against. b. 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, second reading. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Johnson moved to adopt Ordinance 2016-21 amending Chapter 30 Manufactured Homes and Recreational Vehicles of the Code of Ordinances of the City of Huntsville. The motion was seconded by Councilmember Rodriquez and Mayor Pro Tem Olson. Councilmember Rodriquez moved to amend by removing the requirement for fencing/screening in Section 30-39(h); the motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 6-1, Councilmember Allen voting against. The amended main motion was adopted, 6-1, Councilmember Allen voting against. c. Presentation, public comment, discussion, and possible action to authorize the City Manager to sign a contract with “Mobile NOW” for the use of a mobile payment platform to be used in a paid parking application along Bobby K. Marks Drive and Bearkat Boulevard.\[Steve Ritter, Director of Finance\] Councilmember Montgomery moved authorize the City Manager to enter into a contract with “Mobile NOW” for the use of a mobile payment platform to be used in a paid parking application along Bobby K. Marks Drive and Bearkat Boulevard. The motion was seconded by Councilmember Johnson. The motion was unanimously adopted, 8-0 d. 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, second reading. \[Steve Ritter, Finance Director\] Councilmember Montgomery moved to adopt Ordinance 2016-24 amending the City’s Code of Ordinances, Chapter 44 “Traffic and Motor Vehicles” to establish paid parking. The motion was seconded by Councilmember Rodriquez. The motion was adopted, 7-1, Councilmember Humphrey voting against. e. 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, second reading. \[Y. S. “Ram” Ramachandra, City Engineer\] Councilmember Rodriquez moved to adopt 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. The motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 8-0 f. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-17 creating paid parking spaces along Bearkat Boulevard and Bobby K. Marks Drive, second reading. \[Y. S. “Ram” Ramachandra, City Engineer\] Councilmember Johnson moved to adopt Ordinance 2016-17, creating paid parking spaces along Bearkat Boulevard and Bobby K. Marks Drive. The motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 7-1, Councilmember Humphrey voting against. g. 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, second reading. \[Steve Ritter, Finance Director\] Mayor Pro Tem Olson moved to adopt Ordinance 2016-15 amending the Fiscal Year 2015-2016 Annual Budget, Ordinance 2015-43, to amend Exhibit “C” “Schedule of Fees and Charges” to establish paid parking fees, and declaring an effective date. The motion was seconded by Councilmember Johnson. The motion was unanimously adopted, 8-0. h. Presentation, public comment, discussion, and possible action to consider awarding the construction contract for the One-Way Conversion and Parking along Bearkat Boulevard (16th Street) and Bobby K. Marks Drive Project (Project No. 13-12-05). \[Y. S. “Ram” Ramachandra, City Engineer\] Councilmember Humphrey moved to award the construction contract to Batterson, LLP, for the construction of One-Way Conversion and Parking along Bearkat Boulevard (16th Street) and Bobby K. Marks Drive Project in the amount of $60,594.50. The motion was seconded by Councilmember Montgomery and Mayor Pro Tem Olson. The motion was unanimously adopted, 8-0. i. 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, second reading. \[Matt Benoit, City Manager\] Councilmember Humphrey moved to adopt 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 or quitclaim deed or deed without warranty 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. The motion was seconded by Mayor Pro Tem Olson and Councilmember Montgomery. The motion was unanimously adopted, 8-0. j. 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, second reading.\[Steve Ritter, Director of Finance\] Councilmember Humphrey moved 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. The motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 8- 0. 6. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, public comment, discussion, and possible action to consider nomination of Pattillo, Brown, and Hill, LLC, CPAs as the Certified Public Accountant for the City for FY 15-16 auditing and reporting. \[Steve Ritter, Finance Director\] Mayor Brauninger moved the nomination of Pattillo, Brown, and Hill, LLC, CPAs as the Certified Public Accountant for the City for FY 15-16 auditing and reporting. The motion was unanimously adopted, 8-0. b. Presentation, public comment, discussion, and possible action on nomination of Dr. Richard Watkins to the City of Huntsville, Texas Veterans Affairs Advisory Board. \[Mayor Brauninger\] Mayor Brauninger moved his nomination of Dr. Richard Watkins. The motion was unanimously adopted, 8-0. 7. 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. No requests for the May 3. 2016, meeting. 8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 9. ITEMS OF COMMUNITY INTEREST Mayor Brauninger announced the City election would be held Saturday, May 7, from 7-7, and that City Hall would open at 7 p.m. for returns. Councilmember Humphrey urged all to share information about the Sam Houston Folk Festival with others. Mayor Brauninger reminded all present of the railway historic marker being placed Saturday morning at 10:30. Mayor Pro Tem Olson suggested everyone thank a teacher during Teacher Appreciation Week. 10. EXECUTIVE SESSION a. City Council will meet in executive session pursuant to Texas Government Code Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Judge John Gaines. \[Mayor Brauninger\] The Council adjourned into Executive Session at 7:31 p.m. 11. RECONVENE Take action, if necessary, on items addressed during Executive Session. The Council reconvened at 7:54 p.m. No action was taken. 12. ADJOURNMENT Mayor Brauninger adjourned the meeting at 7:55 p.m. Lee Woodward, City Secretary