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Minutes - 11/17/2015 th MINUTES FROM THE HUNTSVILLE CITY COUNCIL SPECIAL SESSION HELD ON THE 17 DAY OF NOVEMBER 2015, 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: Mac Woodward, Andy Brauninger, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Tish Humphrey, Ronald Allen, Joe P. Rodriquez COUNCILMEMBERS ABSENT: Joe Emmett 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 Woodward called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGES – Councilmember Johnson gave an invocation and Mikel Vossler from the YMCA led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS a. Huntsville Pets Helping People recognition (rescheduled due to weather) b. Heart Walk presentation by Huntsville Memorial Hospital c. Proclamation for Municipal Court Week d. SHSU Priority One “Mayor for a Day” Taylor Shepard. 4. ELECTION MATTERS a. Adopt Ordinance 2016-06 calling the December 12, 2015 runoff election for the purpose of electing the Mayor at- large, single reading required. \[Lee Woodward, City Secretary\] Councilmember Humphrey moved to adopt Ordinance 2016-06 calling the December 12, 2015 runoff election for the purpose of electing the Mayor at-large; the motion was seconded by Councilmember Montgomery. The motion was unanimously adopted, 8-0. 5. 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 October 20, 2015, the Combined Workshop with the Planning Commission on November 5, 2015, and the Special Sessions held on November 10 and 16, 2015. \[Lee Woodward, City Secretary\] b. Designate the Civil Rights Officer and Labor Standards Officer, reaffirming the Civil Rights Policies pursuant to the Texas Community Development Block Grant Program–Disaster Recovery (CDBG-DR) Contract Number 7215057, and adopting Resolution 2016-06 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] c. Designate the signatories for the Texas Community Development Block Grant – Disaster Recovery (CDBG-DR) Contract Number 7215057 and adopting Resolution 2016-07 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] d. Approve tax sale bids for trust properties, Property IDs 26306, 26501, 25976, 25836, 25612 and 25914, as recommended by the Walker County Appraisal District. \[Steve Ritter, Finance Director\] e. Adopt Resolution 2016-08, authorizing the City Manager to approve purchase orders for the annual purchase of various road materials from Cleveland Asphalt, Pavers Supply, and Martin Marietta. \[Carol Reed, Public Works Director\] Councilmember Olson moved to approve the consent agenda; the motion was seconded by Councilmember Humphrey. The motion was adopted unanimously, 8-0. 6. STATUTORY AGENDA a. FIRST READING - Presentation, public comment, discussion, and possible action to award of bid for Avenue M and Normal Park Drive Waterline Replacement Project Construction – (Nos. 14-11-06 & 14-11-07) and adopt associated budget amendment Ordinance 2016-05, first reading. \[Y. S. Ram Ramachandra, City Engineer\] First reading, no action taken. Janice Adams and Jerry Dewitt gave public comment about the item. b. FIRST READING - Presentation, public comment, discussion, and possible action authorizing the purchase of one Automated Residential Garbage Truck, first reading. \[Mike Clouds, Fleet Manager\] Councilmember Humphrey moved to suspend Section 3.05(c) of the Rules of Procedure and allow purchase of this vehicle with one reading upon a two-thirds vote of the members of the City Council present; the motion was seconded by Councilmember Humphrey. The motion was adopted unanimously, 8-0. Councilmember Humphrey moved to approve the purchase of one 2016 Autocar ACX64 with Heil Multipack 24-yard body, through the H-GAC Buy, from Chastang Ford/Autocar for $329,872.00; the motion was seconded by Councilmember Montgomery. The motion was adopted unanimously, 8-0. c. Presentation, public comment, discussion, and possible action authorizing the purchase of one Ford Explorer, two Ford F150 Trucks, and two Ford Fusions. \[Mike Clouds, Fleet Manager\] Councilmember Montgomery moved to authorize the purchase of one Ford Explorer, two Ford F150 Trucks, and two Ford Fusions, through BuyBoard and H-GAC Buy, from Silsbee Ford, for $100,703.30; the motion was seconded by Councilmember Olson. The motion was unanimously adopted8-0. d. Presentation, public comment, discussion, and possible action authorizing the purchase of one Travis Refuse Trailer. \[Mike Clouds, Fleet Manager\] This item was pulled and not handled. e. Presentation, public comment, discussion, and possible action authorizing the purchase of one Commercial Roll Off Truck. \[Mike Clouds, Fleet Manager\] Councilmember Olson moved to authorize the purchase of one 2016 Western Star/Seller Commercial Roll Off Truck, from Waco Freightliner for $146,013.00; the motion was seconded by Councilmember Johnson. The motion was unanimously adopted8-0. f. Presentation, public comment, discussion, and possible action to adopt Resolution 2016-12, authorizing the City Manager to approve purchase orders for items 6b-e. \[Mike Clouds, Fleet Manager\] Councilmember Olson moved to adopt Resolution 2016-12, authorizing the City Manager to approve purchase orders for items 6b, c, and e (item d has been pulled); the motion was seconded by Councilmember Humphrey. The motion was unanimously adopted8-0. g. Presentation, public comment, discussion, and possible action to adopt Resolution 2016-11, authorizing the City Manager to sign a Design-Phase Construction Manager-at-Risk Contract with Garney Companies, Inc. for construction of Town Creek. \[Y. S. Ram Ramachandra, City Engineer, Dr. Sherry McKibben, Director of Neighborhood Resources\] Councilmember Humphrey moved to adopt Resolution 2016-11, authorizing the City Manager to sign a Design-Phase Construction Manager-at-Risk Contract with Garney Companies, Inc. for construction of Town Creek; the motion was seconded by Councilmember Montgomery. Mayor Woodward moved to accept a legal opinion in open session and was seconded by Councilmember Olson. The motion was unanimously adopted8-0. The main motion was adopted, 6-2, Councilmembers Allen and Brauninger voting against. h. Presentation, public comment, discussion, and possible action to adopt Resolution 2016-10 authorizing the City Manager to amend the agreement with Gessner Engineering for professional engineering services to include final design and construction support services for Transportation Alternatives Program (TAP) grant Sidewalk project - #14-02-01, and adopt Ordinance #2016-07 amending the CIP budget and the Fiscal Year 15-16 operating budget. \[Y. S. Ram Ramachandra, City Engineer\] Councilmember Olson moved to adopt Resolution 2016-11, authorizing the City Manager to amend the agreement with Gessner Engineering for professional engineering services to include final design and construction support services for Transportation Alternatives Program (TAP) grant Sidewalk project - #14-02-01, and adopt Ordinance #2016-07 amending the CIP budget and the Fiscal Year 15-16 operating budget; the motion was seconded by Councilmember Humphrey. The motion was unanimously adopted, 7-1, Councilmember Allen voting against. 7. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, public comment, discussion, and possible action on nominations for City boards, committees, and commissions. \[Mayor Woodward\] Mayor Woodward presented his nominations to the City Council for City boards, committees, and commissions. The motion was unanimously adopted, 8-0. Arts Commission – all re-appointments Parks & Recreation Advisory Board Dr. Jacqueline Smith John Smither – re-appointment Paul Olle Rhonda Reddoch – re-appointment Jaspyr Sanford Planning Commission Historic Preservation Commission Leroy Hilton – re-appointment Linda Patteson – re-appointment Eric Johnston – re-appointment Todd Armstrong – re-appointment Debra Durda – initial appointment Cheryl Spencer – re-appointment City of Huntsville, Texas Veterans Affairs Advisory Zoning Board of Adjustments Board Matt Hannes – reappointment Johnny Holland – re-appointment Ken Holland – initial appointment Fernando Chavez – initial appointment Nate Grigsby – reappointment Stephen Bright – re-appointment Hotel Occupancy Tax Board Dana Nicolay – re-appointment b. Presentation, public comment, discussion, and possible action on ballot for Walker County Appraisal District Board of Directors for the 2016-2017 term. \[Mayor Woodward\] Mayor Woodward moved that all of the City’s votes be allotted to Clyde Loll, the motion was seconded by Councilmember Olson. The motion was adopted unanimously, 8-0. 8. 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, November 10, 2015. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media 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.) - The runoff election for Mayor has been set for Dec. 12. Early voting will begin on Nov. 25, a week from tomorrow, at the Walker County Annex. There will be NO early voting on Thanksgiving or the day after. There will be 7 a.m.-7 p.m. early voting on Tuesdays Dec. 1 & 8. Election day voting on Dec. 12 will take place at the Walker County Annex for all City voters. - You did not have to vote on Nov. 3 in order to vote in this election, you must simply be a qualified voter of the city of Huntsville. If you are unsure about your registration, contact the County Voter Registrar at 936-436-4950 or at the office at the Walker County Annex. - Richard Haas, a noted artist and muralist who did the trompe l’oeil works on the buildings downtown, will have an exhibition hosted by the Huntsville Arts Commission on Thursday, November 19, from 4:30-6:30 p.m., at the Library’s Community Room. - The annual Heart Walk will be held on November 21, and representatives from Huntsville Memorial Hospital will fill us in on all the details at our November 17 meeting. In the meantime, check out their Facebook page. - We were talking about new business openings at the end of the November 10 Special Session, I wanted to also mention that the Hampton Inn & Suites is now open. General Manager Kazya Gillis would like to welcome the community and their guests, especially during this holiday season. - Mayor Pro Tem Olson is debuting the HISD Minute! tonight. Councilmember Olson congratulated the Hornet Cross Country Team on their UIL state meet, and five students from Mance Park Middle School who made UIL All-Region band. Councilmember Humphrey shared her experience at the Friends of the Library’s Authors’ Night, including HISD’s Special Education Counselor Judy Phillips and SHSU’s LadyKats Basketball Coach Brenda Nichols. Councilmember Brauninger thanked Councilmember Montgomery for her leadership of the Board and Commission Review Ad Hoc Committee. Mayor Woodward wished everyone a very happy and safe Thanksgiving. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section 551.071 legal advice on the following items: (i) Gilbreath v City of Huntsville; (ii) claim by fd2S; (iii) Randolph v City of Huntsville. The Mayor adjourned the Council into Executive Session at 7:05 p.m. 12. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. The Council reconvened at 7:55 p.m. Councilmember Olson moved to allow the Mayor to sign the settlement agreement with Gilbreath, the motion was seconded by Councilmember Montgomery, and was unanimously adopted, 8-0. Councilmember Olson moved to let the City Attorney make a settlement offer to fd2s, not to exceed $10,000, the motion was seconded by Councilmember Johnson. The motion was adopted 6-2, Mayor Woodward and Councilmember Allen voting against. 13. ADJOURNMENT Mayor Woodward adjourned the meeting at 7:57p.m. Lee Woodward, City Secretary