Minutes - 08/16/2016
th
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 16 DAY OF AUGUST 2016, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 4:15 P.M.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Andy Brauninger, Paul Davidhizar, Lydia Montgomery, Don H. Johnson Ronald Allen, Joe
P. Rodriquez, Tish Humphrey, Keith Olson, Joe Emmett
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Matt Benoit, City Manager; Leonard Schneider, City Attorney; Lee Woodward, City Secretary
EXECUTIVE SESSION \[4:15 P.M.\] – City Council will convene in closed session as authorized by Texas Government Code
Chapter 551, Section 551.071 to receive legal advice on claims regarding the Americans with Disabilities Act.
The Council convened in Executive Session at 4:18 p.m. The Council adjourned following Executive Session at 4:54 p.m. No action
was taken.
WORK SESSION \[4:45 P.M.\] – City Council will discuss the Town Creek Drainage Project construction bid.
Director of Neighborhood Resources Dr. Sherry McKibbn and representatives of RPS Klotz and Garney Construction presented
information on the construction bid process and results regarding the Town Creek Drainage Project.
EXECUTIVE SESSION \[5:40 P.M.\] – City Council will convene in closed session as authorized by Texas Government Code
Chapter 551, Section 551.071 to receive legal advice regarding requirements to purchase an easement and/or real property
for drainage improvements, and Section 551.072 to deliberate the purchase, exchange, lease, or value of real property, on
an easement for drainage improvements.
The Council convened in Executive Session at 5:40 p.m. The Council adjourned following Executive Session at 5:56 p.m. No action
was taken.
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
U.S. Flag
Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.
Mayor Brauninger gave an invocation and Garnette McElfresh, Miss Pre-Teen Southwest, led the pledges.
3. PUBLIC HEARINGS – The City Council will receive comments on the following:
a. Adoption of Ordinance 2016-36, amending Article 7 Landscaping and Buffers to address trees in public rights-of-
ways; and Article 8 Signs to address the applicability of this article to the Extraterritorial Jurisdiction (ETJ) of the
City in the Development Code of the City of Huntsville, and providing an effective date.
Mayor Brauninger opened the public hearing at 6:02 p.m. There were no comments. Mayor Brauninger closed the public
hearing at 6:03 p.m.
b. Adoption of Ordinance 2016-37, to change the Development District Classification of Lots 64 and 66 of Far Hills
Addition, Section 2, from Neighborhood Conservation to Management.
Mayor Brauninger opened the public hearing at 6:03 p.m. There were no comments. Mayor Brauninger closed the public
hearing at 6:03 p.m.
c. Adoption of Ordinance 2016-38, to change the Development District Classification of Lots 1A and 3A, Block 2 of
the Southwood Area of Northcrest Terrace subdivision from Neighborhood Conservation to Management.
Mayor Brauninger opened the public hearing at 6:04 p.m. There were no comments. Mayor Brauninger closed the public
hearing at 6:04 p.m.
d. Adoption of Ordinance 2016-39, to change the Development District Classification of Blocks 1, 2, 3 and 7 of the G.
A. White Subdivision from Neighborhood Conservation to Management.
Mayor Brauninger opened the public hearing at 6:04 p.m. Speakers included Janis Lawrence, Dalene Zender, Cheryl
Foreman, Rachel Hornung, Judy Hornung, Scott Hornung, Adam Fanning, Steve Covington, Jordan Herrin, Alfred
Veasey, Hollis Murray, Clothilde Veasey, Debra Durda, Robert McCaffety, Jimmy Henry, Micah Slaughter, Gary Garrison,
Debra Humphries, and Roy Brantley. Mayor Brauninger closed the public hearing at 6:57 p.m.
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 August 2, 2016 and the special session held on August
9, 2016. \[Lee Woodward, City Secretary\]
b. Adopt Resolution 2016-31 authorizing the City Secretary to designate Deputy City Secretary Megan Kaltenbach to
act on behalf of the City Secretary in her absence. \[Lee Woodward, City Secretary\]
c. Adopt Ordinance 2016-34 calling the November 8, 2016 municipal general election for the purpose of electing
four (4) at-large Councilmembers, single reading required. \[Lee Woodward, City Secretary\]
d. Adopt Ordinance 2016-35 to amend the budget for FY 15-16, single reading required. \[Steve Ritter, Finance
Director\]
e. Award a contract for repair of Well 17 to Smith Pump. \[Carol Reed, Director of Public Works\]
f. Authorize the City Manager to purchase storage technology for body camera video in the amount of $66,701.17.
\[Dr. Sherry McKibben, Director of Neighborhood Resources\]
g. Authorize the City Manager to sign an interlocal agreement with the Trinity River Authority (TRA) for
construction, construction administration, and maintenance of a hydropneumatic tank at the Huntsville Regional
Water Supply System Plant (HRWSS), for surge protection on the 30” treated water transmission line. \[Carol
Reed, Director of Public Works\]
Councilmember Montgomery moved to adopt the consent agenda; the motion was seconded by Councilmember Johnson.
The motion was unanimously adopted, 9-0.
5. STATUTORY AGENDA
a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2016-36, amending Article 7 Landscaping and Buffers to address trees in public rights-of-ways; and
Article 8 Signs to address the applicability of this article to the Extraterritorial Jurisdiction (ETJ) of the City in the
Development Code of the City of Huntsville, and providing an effective date, first reading. \[Aron Kulhavy, Director
of Community and Economic Development\]
Mayor Pro Tem Olson moved to suspend the Rules of Procedure to waive the second reading requirement and adopt
Ordinance 2016-36, amending Article 7 Landscaping and Buffers to address trees in public rights-of-ways; and Article 8
Signs to address the applicability of this article to the Extraterritorial Jurisdiction (ETJ) of the City in the Development
Code of the City of Huntsville, and providing an effective date; the motion was seconded by Councilmember
Humphrey. The motion was adopted, 7-2, Councilmembers Allen and Emmett voting against. Following item 5d, Mayor
Pro Tem Olson moved to set an effective date for Ordinance 2016-36 of August 26, 2016 and was seconded by
Councilmember Humphrey. The motion was adopted, 7-2, Councilmembers Allen and Emmett voting against.
b. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2016-37, to change the Development District Classification of Lots 64 and 66 of Far Hills Addition,
Section 2 from Neighborhood Conservation to Management, first reading. \[Aron Kulhavy, Director of Community
and Economic Development\]
First reading, no action was taken.
c. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2016-38, to change the Development District Classification of Lots 1A and 3A, Block 2 of the
Southwood Area of Northcrest Terrace subdivision from Neighborhood Conservation to Management, first
reading. \[Aron Kulhavy, Director of Community and Economic Development\]
First reading, no action was taken.
d. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2016-39, to change the Development District Classification of Blocks 1, 2, 3 and 7 of the G. A. White
Subdivision from Neighborhood Conservation to Management. \[Aron Kulhavy, Director of Community and
Economic Development\]
First reading, no action was taken.
e. FIRST READING - Presentation, public comment, discussion, and possible action to consider authorizing the City
Manager to sign Addendum B, in the amount of $7,216,725.00, to the Construction Manager at Risk (CMAR)
Agreement with Garney Construction for Town Creek Drainage Improvement Project, first reading. \[Dr. Sherry
McKibben, Director of Neighborhood Resources; Y. S. “Ram” Ramachandra, City Engineer\]
Councilmember Humphrey moved to waive the Rules of Procedure requirement for a second reading and to authorize the
City Manager to sign Addendum B, in the amount of $7,216,725.00, to the Construction Manager at Risk Agreement with
Garney Construction for Town Creek Drainage Improvement Project. The motion was seconded by Mayor Pro Tem
Olson. The motion was adopted, 9-0.
f. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to sign
an agreement with Rogers-O’Brien for Construction Manager At-Risk Services for the Sam Houston Statue Visitor
Center and Gift Shop. \[Aron Kulhavy, Director of Community and Economic Development, and Kimm Thomas,
Director of Tourism and Cultural Services\]
Councilmember Rodriquez moved to authorize the City Manager to sign an agreement with Rogers-O’Brien Construction
for Construction Manager At-Risk Services (CMAR) for the Sam Houston Statue Visitor Center and Gift Shop. The motion
was seconded by Councilmembers Montgomery and Johnson. The motion was adopted, 8-1, Councilmember Allen voting
against.
6. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. Presentation, public comment, discussion, and possible action to approve the Mayor’s nominations for City
boards, committees, and commissions. \[Mayor Brauninger\]
Mayor Brauninger moved his nominations. Councilmember Allen moved to divide the question and vote on the Planning
Commission nomination separately; the motion was seconded by Councilmember Davidhizar. The motion was adopted,
9-0. The nomination for the Planning Commission was adopted, 8-1, Councilmember Allen voting against. The motion for
nominations for the remaining boards was adopted 9-0.
b. Presentation, public comment, discussion, and possible action to approve, and authorize the City Manager to
sign, an interlocal agreement between the City of Huntsville and the Texas Department of Criminal Justice for
water service to the Ellis and Estelle Units. \[Councilmembers Olson and Johnson\]
Mayor Pro Tem Olson moved to authorize the City Manager to sign a proposed interlocal agreement between the City of
Huntsville and the Texas Department of Criminal Justice for water service to the Ellis and Estelle Units as proposed in the
agenda packet \[for a five-year phase-in to a discounted rate of halfway between the in-city and out-of-city institutional
rates/1000 gallons consumed\]. The motion was seconded by Councilmember Humphrey. Councilmember Rodriquez
moved to postpone the vote until TDCJ completes their well study; the motion was seconded by Councilmember
Humphrey. Councilmember Rodriquez’s motion was withdrawn without objection.
Mayor Brauninger moved to amend the main motion to read that the Mayor and City Manager sign an interlocal
agreement with the Texas Department of Criminal Justice for water services to the Ellis and Estelle Units at $6.26/1000
gallons effective October 1, 2016. The motion was seconded by Councilmembers Allen and Rodriquez.
In later conversation, the Mayor said he intended that the $6.26/1000 gallons would be subject to subsequent rate
increases. Councilmember Johnson indicated that $6.26 was going to $6.33 on October 1 and the Mayor accepted this
clarification without objection from other members of Council. Upon question by the City Secretary, the motion was
established by the Mayor, without objection, as an amendment for $6.26/1000 gallons, subject to subsequent increases,
including the initial increase on October 1, 2016, and effective on October 1, 2016. (The City Manager explained to the
Council that, because this is adoption of a proposed interlocal agreement, it would be brought before the Council at its
next meeting, on September 6.)
The amended motion was adopted, 5-4, Councilmembers Johnson, Humphrey, Montgomery, and Olson against. The
main motion was adopted as amended, adopted, 5-4, Councilmembers Johnson, Humphrey, Montgomery, and Olson
against.
c. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-33, calling a
special bond election for November 8, 2016, single reading required. \[Mayor Brauninger\]
Councilmember Humphrey moved to adopt Ordinance 2016-33, calling a special bond election for November 8, 2016. The
motion was seconded by Councilmember Johnson. The motion was unanimously adopted, 9-0.
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 were received by noon on Tuesday, August 9, 2016.
8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
9. 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.)
Mayor Pro Tem Olson gave an HISD Minute, sharing that last week's Promoting Our Positives meeting enabled campuses to
connect with the local churches supporting each of them and continue those relationships this school year. He added that the
Hornet Green & White Scrimmage was held Saturday and the Hornets are looking good. There will be another scrimmage this
Friday at Lufkin and then our home opener against Houston Waltrip on August 26 at 7:30 p.m. at Bowers Stadium. Finally,
Mayor Pro Tem Olson said the Community Praise Ministry's annual School Supply Giveaway was held August 6 and was very
successful. More than 1000 bags of school supplies were distributed to our community's children. Huntsville Public Library will
be having their annual bash with back to school backpacks tomorrow, August 17, at 10 a.m. He thanked all the groups,
organizations, and volunteers who work to make this happen for our students! Mayor Brauninger added that the HISD
convocation would be this Friday morning.
Councilmember Humphrey reminded all to be aware of new traffic patterns in going to football games at SHSU this fall.
Mayor Brauninger announced the following:
-
Please make time to be at the Library this Saturday at 2 p.m., as they and the Walker County Genealogical Society
recognize some of our citizens for their contributions to the collections on local African-American history.
-
There are two new exhibits opening at the Wynne Home Saturday afternoon, stop in to see work by Nancy Hines and
Simon Kihara.
-
Join the Huntsville Public Library tomorrow; they will be hosting our annual Back to School Bash from 10:30 a.m. to 1
p.m., with lots of giveaways. Only one backpack with school supplies per school-aged child (Pre-K-12) and parents must
accompany children.
City Manager Matt Benoit congratulated the Council for their work tonight.
10. ADJOURNMENT
Mayor Brauninger adjourned the meeting at 9:20 p.m.
Lee Woodward, City Secretary