Minutes - 04/18/2017MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 18th DAY OF APRIL 2017, 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, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P.
Rodriquez, Clyde D. Loll, Tyler McCaffety, Paul Davidhizar
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Matt Benoit, City Manager; Leonard Schneider, City Attorney; Lee Woodward, City Secretary
WORK SESSION [5:15 P.M.] - The City Council will discuss options for a smoking ordinance.
The work session opened at 5:16 p.m. The Council and City Manager discussed the provisions for a revised smoking ordinance to
be considered. The work session was closed at 5:27 p.m. Councilmember McCaffety arrived at 5:23 p.m., Councilmembers Davidhizar
and Mayor Pro Tem Olson arrived at 5:25 p.m.
MAIN SESSION [6:00 p.m.]
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. Terrell Sherman from HISD led the pledges.
3. PRESENTATIONS AND PROCLAMATIONS
- H -GAC — Resolution in honor of Mac Woodward — presented by Jeff Taebel, H -GAC
- Neon for Neurons/Stroke Awareness Month
- Parliamentary Law Month
- National Book Awards Festival Month
- National Public Safety Telecommunicator Week
4. PUBLIC HEARING — The City Council will receive comments on a Development Code amendment to amend Section
10.500 Sidewalks in the Development Code of the City of Huntsville and setting an effective date.
The Mayor opened the hearing at 6:22 p.m. There were no comments and the hearing was closed at 6:22 p.m.
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 March 4, 2017. [Lee Woodward, City Secretary]
This item was pulled until the May 2, 2017 City Council meeting due to being misposted as March 4 instead of April 4.
6. STATUTORY AGENDA
a. Presentation, public comment, discussion, and possible action to authorize the City Manager to enter an agreement
with Freese and Nichols, Inc. for professional engineering services for 2016 Bond Proposition #3 Water
Infrastructure Projects (17-01-01) and approve the associated budget amendment Ordinance 2017-26, second
reading. [Ram Ramachandra, City Engineer]
Councilmember Humphrey moved to authorize the City Manager to enter into an agreement with Freese and Nichols, Inc.
for professional engineering services for 2016 Bond Proposition #3 Water Infrastructure Projects (17-01-01) and approve
the associated budget amendment, Ordinance 2017-26; the motion was seconded by Councilmember Davidhizar. The
motion was unanimously adopted, 9-0.
b. Presentation, public comment, discussion, and possible action to authorize the City Manager to enter an agreement
with Enprotec/Hibbs & Todd, Inc., (eHT) for professional engineering services for 2016 Bond Proposition #3
Wastewater Infrastructure Projects (17-01-02), second reading. [Ram Ramachandra, City Engineer]
Mayor Pro Tem Olson moved to authorize the City Manager to enter into an agreement with Enprotec/Hibbs & Todd, Inc.,
(eHT) for professional engineering services for 2016 Bond Proposition #3 Wastewater Infrastructure Projects (17-01-02).;
the motion was seconded by Councilmember Loll. The motion was unanimously adopted, 9-0.
c. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to enter
an agreement with Freese and Nichols, Inc. for professional engineering services for 2016 Bond Proposition #3
Wastewater Infrastructure Project — Relocation of Elkins Lake Dam Lift Station and 30" Sewer Main (17-11-09) and
approve the associated budget amendment Ordinance 2017-28, second reading. [Ram Ramachandra, City
Engineer]
Councilmember Rodriquez moved to authorize the City Manager to enter into an agreement with Freese and Nichols, Inc.
for professional engineering services for 2016 Bond Proposition #3 Wastewater Infrastructure Project — Relocation of Elkins
Lake Dam Lift Station and 30" Sewer Main (17-11-09) and approve the associated budget amendment Ordinance 2017-28;
the motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 9-0.
d. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to enter
into a lease agreement with Sealark Investments, LLC for an Oil, Gas and Mineral Lease covering lands situated in
Walker County, Texas, second reading. [Aron Kulhavy, Community and Economic Development Director]
At the April 4 meeting, Councilmember Humphrey moved to authorize the City Manager to enter into a lease agreement
with Sealark Investments, LLC, for an oil, gas, and mineral lease covering lands situated in Walker County, Texas, and
make a finding that Charter Section 14.13 (b) is inapplicable to the leasing of subsurface and oil and gas operations; the
motion was seconded by Councilmember Rodriquez. The motion failed, 9-0.
e. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2017-29, amending Section 10.500 Sidewalks in the Development Code of the City of Huntsville and
setting an effective date, first reading. [Aron Kulhavy, Community and Economic Development Director]
Mayor Pro Tem Olson moved to waive the second reading per the provision of Section 4.12 of the City Charter and adopt
Ordinance 2017-29, amending Section 10.500 Sidewalks in the Development Code of the City of Huntsville; the motion was
seconded by Councilmember Loll. The motion was adopted, 8-1, Councilmember Allen voting against. Mayor Pro Tem
Olson moved to set the effective date as May 15, 2017; the motion was seconded by Councilmember Humphrey. The
motion was unanimously approved, 9-0.
FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2017-30, regarding smoking regulations, first reading. [Matt Benoit, City Manager]
Public comments were offered by Dr. Ather Siddigi, Dr. Charles Monday, Logan Ellis, Krista Bahnsen, and Greg Talamantez.
First reading, no action taken.
7. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2017-31, suspending the CenterPoint Energy GRIP rates, first reading. [Leonard Schneider, City
Attorney]
Mayor Pro Tem Olson moved to waive the second reading per the provision of Section 4.12 of the City Charter and adopt
of Ordinance 2017-31, suspending the CenterPoint Energy GRIP rates; the motion was seconded by Councilmember
Rodriquez. The motion was adopted, 8-1, Councilmember Allen voting against.
b. Presentation, public comment, discussion, and possible action to consider adoption of Resolution 2017-12, in
support of a proposal by Entergy Texas, Inc. regarding the application of Entergy Texas Inc. to amend its certificate
of convenience and necessity to construct Montgomery County power station. [Leonard Schneider, City Attorney]
Councilmember Humphrey moved to adopt Resolution 2017-12 in support of a proposal by Entergy Texas, Inc. regarding
the application of Entergy Texas, Inc, to amend its certificate of convenience and necessity to construct Montgomery County
power station; the motion was seconded by Councilmember Davidhizar. The motion was unanimously adopted, 9-0.
c. Presentation, public comment, discussion, and possible action to adopt Ordinance 2017-32 to amend the Capital
Improvement Projects budget. [Councilmember Allen]
Councilmember Allen moved to adopt Ordinance 2017-32 to amend the Capital Improvement Projects budget; the motion
was seconded by Councilmember Davidhizar. The motion was unanimously adopted, 9-0.
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, April 11, 2017.
9. EXECUTIVE SESSION
City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section 551.071 -
consultation with counsel on legal matters to receive legal advice on contemplated litigation on employment claim by
Kimberly Webb. [Leonard Schneider, City Attorney].
The Council convened into executive session at 7:49 p.m.
10. RECONVENE
Take action on items discussed in executive session, if needed.
The Council reconvened at 8:48 p.m. No action was taken.
11. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
12. 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 Brauninger announced that the key event of the fourth annual National Book Awards Festival at SHSU is happening next
Monday evening, April 24, at 7 pm at the Lowman Student Center. The community is honored to host U.S. Congressman John
Lewis of Georgia, the only living member of the Big Six leaders of the Civil Rights Movement. Lewis worked with Dr. Martin
Luther King, Jr. and many others to bring about monumental changes in America. He will speak along with the author and
illustrator of the trilogy titled March, detailing Cong. Lewis' life. Google NBA at SHSU to find a link to reserve a free seat at the
reading and book signing, and show our guests Huntsville's warm welcome!
Mayor Pro Tem Olson presented an HISD Minute! - Project After Prom is now accepting donations for this year's fabulous event,
to be held May 20th, after prom. To help our kids participate in fun alternative drug- and alcohol -free activities in a safe
environment with HISD, please donate through PayPal by emailing HHSpap2017@gmail.com or at First National Bank for the
Class of 2017 Project After Prom account. Mayor Brauninger noted he had attended the most recent HISD National Honor
Society induction and how inspiring the students were.
Councilmember Humphrey presented the CoH Clean Minute! — Huntsville, you look mmmmaaaaahhhvelous! Many thanks to all
of you who helped make this year's E -Waste Day so successful! Over 8.3 TONS of material was collected, a total of two 18 -
wheeler loads! Thanks for keeping all of those electronic items recycled and out of landfills and for helping us keep our Home
Sweet Huntsville a clean place to be!
Speaking of "keeping it clean," our huge Town Creek Drainage Project is moving right along. To celebrate, the City hosted a
Block Party for all of you recently, in the middle of Sam Houston Avenue, the day construction began in that area. Take a look
at this video of all the fun!
Councilmember Loll gave some kudos to City staff for the article in the most recent TML TT&C magazine, covering the funds
they raised at a charity bowling tournament. The Mayor reminded all of the SAAFE House's Crawfest coming up Friday evening.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 8:54 p.m.
Lee Woodward, City Secretary