Minutes - 10/03/2017
RD
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 3 DAY OF OCTOBER 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, Ronald Allen, Joe P. Rodriquez, Clyde D. Loll, Tyler McCaffety, Paul
Davidhizar, Joe Emmett, Keith D. Olson
COUNCILMEMBERS ABSENT: Tish Humphrey
OFFICERS PRESENT: Matt Benoit, City Manager; Leonard Schneider, City Attorney; Lee Woodward, City Secretary
WORK SESSION \[5:00 P.M.\] – The City Council will discuss allowing exceptions for temporary and /or permanent parking
restrictions for residents to accommodate guests, visitors, and/or service providers to park in areas where there are parking
restrictions.
(Councilmember Emmett and Mayor Pro Tem Olson arrived at 5:05 p.m.; Councilmember Allen arrived at 5:12 p.m.; Councilmember
McCaffety arrived at 5:40 p.m.) City Manager Matt Benoit covered the background to the ordinance passed earlier this year and the
Council discussed options to rectify issues that have been identified since.
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 Loll gave an invocation and Mayor Brauninger led the pledges.
3. PRESENTATIONS AND PROCLAMATIONS
- Fire Prevention Week
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 September 19, 2017. \[Lee Woodward, City Secretary\]
b. Authorize the City Manager to approve a request from the Walker County Historical Commission to place a
Historical Marker in Oakwood Cemetery for W. L. Dean. \[Matt Benoit, City Manager\]
c. Renew annual software maintenance with Tyler Technologies for Finance and Public Safety in the amount of
$87,036.38. \[Bill Wavra, Director of Information Technology\]
d. Continue phone and data services with Verizon Wireless through the State of Texas Department of Information
Resources (DIR) contract. \[Bill Wavra, Director of Information Technology\]
e. Authorize the City Manager to award mowing and trimming services contract to I-Mow Texas and Wayne Pool.
\[Daryl Uptmore, Public Works Director\]
Councilmember Davidhizar moved to approve the consent agenda; the motion was seconded by Mayor Pro Tem Olson.
The motion was adopted, 8-0.
5. STATUTORY AGENDA
a. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-43 amending
the Huntsville Code of Ordinances, specifically Chapter 12, Buildings and Building Regulations, first reading. \[Aron
Kulhavy, Director of Community and Economic Development\]
First reading, no action taken.
b. Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2017-50,
amending Article 5 Lot and Setback Regulations; Table 5-1: Lot and Building Setback Regulations and Section
5.400 Residential Lots, Subsection 5.401 Rural Residential and Article 10 Infrastructure and Public Improvements;
Section 10.400 Streets, Section 10.500 Sidewalks, Section 10.700 Wastewater, Section 10.1000 Street Lights, and
Section 10.1500 Surveying and Monumentation in the Development Code of the City of Huntsville, and setting an
effective date, second reading. \[Aron Kulhavy, Director of Community and Economic Development\]
Councilmember Loll moved to adopt Ordinance 2017-50, amending Article 5 Lot and Setback Regulations; Table 5-1: Lot
and Building Setback Regulations and Section 5.400 Residential Lots, Subsection 5.401 Rural Residential and Article 10
Infrastructure and Public Improvements; Section 10.400 Streets, Section 10.500 Sidewalks, Section 10.700 Wastewater,
Section 10.1000 Street Lights, and Section 10.1500 Surveying and Monumentation in the Development Code of the City of
Huntsville, and setting the effective date as recommended by the Planning Commission; the motion was seconded by
Councilmember Rodriquez.
Ray Gravlin offered public comment.
The motion was adopted, 8-0.
c. Presentation, discussion, public comment, and possible action to consider adoption of Ordinance 2017-51,
amending Article 4 Use Regulations; Table 4-1 Use Table and Section 4.203 Mobile Homes and Manufactured
Housing Units, Subsection 4.503.G in the Development Code of the City of Huntsville, and setting an effective date,
second reading. \[Aron Kulhavy, Director of Community and Economic Development\]
Councilmember Rodriquez moved to adopt Ordinance 2017-51, amending Article 4 Use Regulations; Table 4-1 Use Table
and Section 4.203 Mobile Homes and Manufactured Housing Units, Subsection 4.503.G in the Development Code of the
City of Huntsville, and setting the effective date as recommended by the Planning Commission. Mayor Pro Tem Olson
seconded the motion. The motion was adopted, 8-0.
d. Presentation, discussion, public comment, and possible action to consider authorizing the City Manager and City
Attorney to execute all documents necessary for the purchase of approximately 1.9 acres located in the R. P.
McMillian Survey, A-388, Huntsville, Texas, for the construction of a ground storage tank and pump station. \[Aron
Kulhavy, Director of Community and Economic Development\]
Mayor Pro Tem Olson moved to authorize the City Manager and City Attorney to execute all documents necessary for the
purchase of approximately 1.9 acres located in the R.P. McMillian Survey, A-388, Huntsville, Texas, for a ground storage
tank and pump station; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0.
6. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-52, regulating
wireless network providers wishing to install small cellular equipment in the City’s rights-of-way, and Ordinance
2017-53 for the design manual and pole attachment agreement for installation of cellular equipment, second
reading. \[Leonard Schneider, City Attorney\]
Councilmember Rodriquez moved to adopt Ordinance 2017-52, regulating wireless network providers wishing to install
small cellular equipment in the City’s rights-of-way, and Ordinance 2017-53 for the design manual and pole attachment
agreement for installation of cellular equipment. Councilmember Davidhizar seconded the motion.
Mayor Pro Tem Olson asked Mr. Schneider to ensure the consideration of joining the lawsuit begun by the City of McAllen
on the next agenda.
The motion was adopted, 8-0.
b. Presentation, public comment, discussion, and possible action to consider the Mayor’s nomination of Don
Johnson for appointment to the Planning Commission. \[Mayor Brauninger\]
The Mayor moved his nomination. The motion was adopted, 6-2, Councilmembers Allen and Emmett voting against.
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.
a. Consideration and discussion on Citizen Participation Request from Ray Gravlin, to discuss “budget refund tax”
and “new sewage truck.”
Mr. Gravlin offered his comments.
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 Brauninger announced:
- Please don’t wait to make sure you are registered to vote in Walker County for the November elections. Call the Walker County
Voter Registrar’s office at 936-436-4959 or visit VoteTexas.gov. Oct. 10 is the last day to register to vote in this fall’s general
election.
- Please join us for the annual State of the City address! The Chamber of Commerce holds this event annually, so you can meet
representatives of all the City Departments and hear the City Manager share this year’s accomplishments and next year’s plans.
There’s no admission fee and the Chamber will provide refreshments. We’ll see you at the Walker County Storm Shelter on
October 12 from 5:30-7:30 p.m.
HISD Minute! (Mayor Pro Tem Olson) – Please join us on Tuesday, October 17, before our next Council meeting, to help
celebrate all of Huntsville’s Hurricane Harvey Heroes! From 5:30-6 p.m. we will visit and hug and thank each other for the
phenomenal outpouring of caring and sharing this community showed. We are asking first responders, volunteers, donors, and
everyone who helped out at a shelter or provided service to neighbors to come be together that evening. There will be recognition
at the meeting starting at 6 that night, too. Remember, Oct. 17, and bring a friend with you!
CoH Clean Minute! (Councilmember Allen) – Thanks for helping keep Home Sweet Huntsville clean by being thoughtful about
everything this week. We want a clean community because we live here, but also for all the visitors who will be joining us soon
for Fair on the Square this Saturday. So take a look around the next few days. Pick up around your home or business; mow and
weed-eat one more time before the end of summer; and remember to put on your Warm Welcome attitude! Let’s make a great
first impression! Mayor Brauninger added that the Fair is a complete sell-out and will be a great event and an opportunity to
showcase the city.
Friendship Lunch (Councilmember Rodriquez) - Please attend the next Friendship Brown Bag Picnic Lunch on Friday,
October 13, at noon. This is a great way to meet new people from across Huntsville. Bring your lunch and come to the Sam
th
Houston Memorial Museum Park grounds along 19 Street and park in the lot by the Steamboat House and Woodlands Home.
All are welcome!
Cancer Survivors’ Parade (Councilmember McCaffety) – We’re making plans for the Huntsville Diamonds’ Cancer Survivors
Parade on Oct. 21. To get ready, they’ll be holding a Paint the Town Pink contest the week before. Get all the details on the
Huntsville Diamonds Cancer Team Facebook page or call LaTeel Richardson at 936-355-9502.
Coffee with the Cops! (Councilmember Emmett) – HPD & Starbucks invite you to Coffee with the Cops! Join officers from
HPD, UPD, and the Walker County Sheriff’s Department tomorrow from 1-2 P.M. at the Starbucks located at 101 I-45 South.
Swing by and enjoy a hot and fresh cup of coffee and get to meet some of the local law enforcement officers who work in your
community! (And stay tuned this fall for Cocoa with the Po-Po!)
Operation You Are Not Forgotten (Councilmember Loll) - Please remember our service members deployed overseas by
sending care packages for Christmas. Events begin on Nov. 6 at Pita Pit from 4-6 p.m., and additional drop offs will be at Papa
John’s, Zack’s, and several campus locations. There will be a drop box/truck at the H.E.A.R.T.S. Museum Nov. 6-10, culminating
with an event (including a band and entertainment) on Nov. 10 at the Museum. Please contact them at 295-5959 for more
information and the items they need. Councilmember Loll announced the Battle of Piney Woods in Houston this weekend on
behalf of Councilmember Humphrey.
10. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.074 - personnel matters regarding the evaluation and job duties of City Judge John Gaines.
b. City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.074 - personnel matters regarding the evaluation and job duties of City Manager Matt Benoit.
c. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 – consultation
with counsel on legal matters, to receive legal advice on litigation Randolph v. City of Huntsville. \[City Attorney
Leonard Schneider\]
The Council adjourned to Executive Session at 6:58 p.m
11. RECONVENE
The Council reconvened at 8:15 p.m.
12. ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 8:16 p.m.
Lee Woodward, City Secretary