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Minutes - 09/06/2016 th MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 6 DAY OF SEPTEMBER 2016, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 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 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. Councilmember Davidhizar gave an invocation and Mayor Brauninger led the pledges. 3.PRESENTATIONS AND PROCLAMATIONS - Lt. Col. David Yebra, Ret., to discuss Bearkat Safety Bash - Proclamation for Emergency Preparedness Month 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.) Approve the minutes of the City Council meeting held on August 16, 2016 and special session held on September a. 1, 2016. \[Lee Woodward, City Secretary\] Adopt Resolution 2016-32 designating The Huntsville Item as the official newspaper for the City of Huntsville for b. FY 2016-17, annual item. \[Lee Woodward, City Secretary\] Authorize the City Manager to accept the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program c. grant.\[Dr. Sherry McKibben, Director of Neighborhood Resources\] Approve awarding emergency disaster assistance services contracts to CERES Environmental and DRC Emergency d. Services. \[Chief Kevin Lunsford, Director of Public Safety\] Authorize the City Manager to award the construction contract to Four Seasons Dev. Co., Inc. for the construction e. of Oakwood Cemetery – Adickes Addition Fence Replacement Project (No. 16-10-07). \[Y.S. “Ram” Ramachandra, City Engineer\] Authorize the City Manager to award the construction contract to King Solution Services, LLC for the construction f. of Gospel Hill Sanitary Sewer Project (No. 16-10-02). \[Y.S. “Ram” Ramachandra, City Engineer\] Mayor Pro Tem Olson moved to adopt the consent agenda; the motion was seconded by Councilmember Montgomery. The motion was unanimously adopted, 9-0. 5.STATUTORY AGENDA FIRST READING - Presentation, public comment, discussion, and possible action to consider authorizing the City a. th Manager to award the construction contract for 11 Street (University Avenue to Avenue G) Waterline Replacement Project (No. 12-11-02), first reading. \[Y.S. “Ram” Ramachandra, City Engineer\] First reading, no action taken. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-37, to change b. the Development District Classification of Lots 64 and 66 of Far Hills Addition, Section 2 from Neighborhood Conservation to Management, second reading. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Johnson moved to adopt 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. The motion was seconded by Councilmember Davidhizar. The motion was unanimously adopted, 9-0. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-38, to change c. the Development District Classification of Lots 1A and 3A, Block 2 of the Southwood Area of Northcrest Terrace subdivision from Neighborhood Conservation to Management, second reading. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Davidhizar moved to adopt 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. The motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 9-0. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2016-39, to change d. the Development District Classification of Blocks 1, 2, 3 and 7 of the G. A. White Subdivision from Neighborhood Conservation to Management, second reading. \[Aron Kulhavy, Director of Community and Economic Development\] Dalene Zender and Scott Hornung offered public comment in opposition. Councilmember Johnson moved to adopt 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. The motion was seconded by Councilmember Humphrey. The motion was lost, 5-4, Mayor Brauninger, and Councilmembers Allen, Davidhizar, and Montgomery voting against (75% vote required by Development Code, 7 votes or more in support needed to adopt). 6.MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT Presentation, public comment, discussion, and possible action to approve the Mayor’s nominations for City boards, a. committees, and commissions. \[Mayor Brauninger\] Mayor Brauninger moved his nominations. The motion was adopted 9-0. The following were appointed. Cemetery Advisory Board Jerry Moorer – reappointment Joe Boaz – reappointment Candyce Dixon – reappointment Board of Adjustments – Zoning Dr. Gene Barrett – reappointment John Cromer – reappointment Kay King Mitchell - reappointment D’Anne Crews – reappointment Historic Preservation Commission James Patton – reappointment James Patton - reappointment Dr. Caroline Crimm – reappointment Dr. Caroline Crimm – reappointment City of Huntsville, Texas Veterans Affairs TIRZ #1 Board of Directors Advisory Board Dalene Zender – reappointment Liesa Hackett – initial appointment Parks & Recreation Advisory Board Board of Adjustments and Appeals Reagan Faught – initial appointment Pat Graham – reappointment Presentation, public comment, discussion, and possible action to consider a proposal submitted by the Texas b. Department of Criminal Justice (TDCJ) for water service at the Ellis and Estelle Prison Units. \[City Manager Matt Benoit\] Councilmember Davidhizar moved to authorize the City Manager to sign an interlocal agreement between the City of Huntsville and the Texas Department of Criminal Justice (TDCJ) for water service at the Ellis and Estelle Prison Units, the motion was seconded by Councilmember Allen. Councilmember Rodriquez confirmed that the motion was for the TDCJ proposal including a three-year phase-in (to the proposed rate of $6.59/1000 gallons as of October 1, 2019). Councilmember Rodriquez moved to postpone the item until after November 8, 2016 and renegotiate the agreement if the water-related bond package proposition is adopted. The motion was lost for lack of a second. The main motion was lost 2-7, Mayor Brauninger and Councilmember Allen voting in support. Presentation, public comment, discussion, and possible action to ratify an interlocal agreement between the City of c. Huntsville and the Texas Department of Criminal Justice for water service to the Ellis and Estelle Units, as adopted on August 16, 2016. \[City Manager Matt Benoit\] Councilmember Humphrey moved to ratify and approve the Mayor and City Manager sign an Interlocal Agreement between the City of Huntsville and the Texas Department of Criminal Justice for water service at the Ellis and Estelle Units, as adopted on August 16, 2016. The motion was seconded by Mayor Pro Tem Olson. Mayor Pro Tem Olson reminded the Council that the rate set by ordinance would take effect on October 1, 2016 if the interlocal agreement was not completely executed. The motion was unanimously adopted, 9-0. Presentation, public comment, discussion, and possible action to approve six decision packages for the FY16-17 d. budget. \[City Manager Matt Benoit\] Mayor Pro Tem Olson moved divide the question, the motion was seconded by Mayor Brauninger and Councilmember Montgomery. The motion was unanimously adopted, 9-0. Councilmember Humphrey moved to approve Decision Package #1 proposing funding sources and levels of various employee benefits. The motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 9-0. Councilmember Humphrey moved to approve Decision Package #2 for General Fund capital improvement projects. The motion was seconded by Mayor Pro Tem Olson and Councilmember Johnson. The motion was adopted 8-1, Councilmember Allen voting against. Councilmember Rodriquez moved to approve Decision Package #3 for Water Fund capital improvement projects. The motion was seconded by Councilmember Montgomery. The motion was unanimously adopted, 9-0. Councilmember Rodriquez moved to approve Decision Package #4 for Wastewater Fund capital improvement projects. The motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 9-0 Mayor Pro Tem Olson moved to approve Decision Package #5 proposing funding sources and levels of various position additions and changes. The motion was seconded by Councilmember Humphrey. The motion was unanimously adopted, 9-0 Councilmember Davidhizar moved to approve Decision Package #6 proposing uses of unallocated reserves from each fund. The motion was seconded by Councilmember Montgomery and Johnson. The motion was unanimously adopted, 9-0 Presentation, public comment, discussion, and possible action to waive interest or any other additional charges on e. the invoice for demolition at 313 Watkins, so that $4538.47 can be paid and the property lien released. \[Councilmember Allen\] Mrs. Morris Kraft spoke in support of the item. Councilmember Allen moved to authorize the City Manager to release the lien for the property located at 313 Watkins upon receipt of payment for the principal due on the lien. The motion was seconded by Councilmember Montgomery. The motion was unanimously adopted, 9-0. Presentation, public comment, and discussion to consider request from Councilmember Allen to discuss f. Councilmembers speaking for other Councilmembers related to the bond issue, in particular the use of the collective word “we.” \[Councilmember Allen\] Councilmember Allen expressed his discomfort with any statements that the Council believes the bond propositions can be completed without increases in taxes or rates related to them. 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 30, 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 thatHISD started its school year with a full administrative staff, new th class start and end times, and a revamped free lunch program. As the City’s reconstruction project of 7 Street runs throughout the year near Sam Houston Elementary, drivers need to be aware of changing traffic patterns and drop off and pick up locations. Plan accordingly, leave early, and don’t forget the importance of patience! Mayor Brauninger announced the following: -Have you seen the video for the upcoming bond election propositions? We want everyone to stay tuned for facilities tours and information to educate all the voters before November 8. Make sure you are registered to vote by October 11, then visit www.huntsvilletx.gov/Bond! th -Mark your calendar for October 11 to join us for the State of the City Address. You will have the opportunity to meet City staff, hear updates about your City and learn more about the Bond proposals. We look forward to seeing you there. -September is National Preparedness Month and we want to encourage everyone to visit the Ready Huntsville webpage to learn more ways to be prepared in the event of an emergency. Share with us on social media how you are emergency planning by using the hashtag #ReadyHuntsville. -We invite all our citizens to take part in public facility tours for each facility proposed in the Bond election. Visit www.huntsvilletx.gov/Bond to see the tour schedule. -Join the Huntsville Police Department and local business at the annual National Night Out. This is a free family event th and you will have the opportunity to visit and learn more about various public safety divisions. It is October 4 at Kate Barr Ross Park. Visit HPD’s Facebook for more information! -Be sure to stop by the Huntsville Public Library to pick up a limited edition library card during September, which is National Library Card Sign-up Month! Councilmember Humphrey invited the community to Living Safely in an Unsafe World at Curves to learn to protect themselves on September 12 and 13 (2:30 p.m.). 10.EXECUTIVE SESSION \[4:15 P.M.\] – City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 - consultation with counsel on legal matters regarding the CCNs (Certificates of Convenience and Necessity) in the City’s extraterritorial jurisdiction (ETJ). The Council convened in Executive Session at 7:54 p.m. The Council adjourned following Executive Session at 8:29 p.m. No action was taken. 11.RECONVENE Take action, if necessary, on items addressed during Executive Session. 12.ADJOURNMENT Mayor Brauninger adjourned the meeting at 8:29 p.m. Lee Woodward, City Secretary