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Minutes - 08/15/2017 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 15th DAY OF AUGUST 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, Tish Humphrey, Ronald Allen, Joe P. Rodriquez, Clyde D. Loll, Tyler McCaffety, Paul Davidhizar, Joe Emmett, Keith D. Olson COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager; Leonard Schneider, City Attorney; Lee Woodward, City Secretary WORKSHOP \[4:30 P.M.\] – The City Council will review and discuss the 2017-18 budget. (Councilmembers Loll arrived at 5:13 p.m. Councilmember McCaffety and the City Attorney were not present for the workshop but arrived for the meeting.) The City Manager announced the General Fund would be discussed during the 6 p.m. meeting, so other funds would be handled at the workshop. Steve Ritter, Finance Director, covered the Utility (formerly Water and Wastewater), Solid Waste, Hotel Occupancy Tax, Arts Center, and Health Insurance Funds. The workshop was ended at 5:41 p.m. 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 Rodriquez gave an invocation and Girl Scouts MaKayla McGill, Daysi Abbott, Kaydence Johnson, Darmesha Evans, and Kiera Smith led the pledges. 3. 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 1, 2017. \[Lee Woodward, City Secretary\] b. Abandon a public utility easement on Lots 4 and 5 of the Fraternity Row Subdivision, located in the 200 block of Bearkat Boulevard. \[Aron Kulhavy, Director of Community and Economic Development\] c. Authorize the City Manager to apply for the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and enter into an interlocal agreement with Walker County and adopt Resolution 2017-15 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] Mayor Pro Tem Olson moved to approve the consent agenda; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 9-0. 4. STATUTORY AGENDA a. FIRST READING - 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. \[Kevin Byal, Building Official\] First reading, no action taken. b. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-44 amending the Huntsville Code of Ordinances, specifically Chapter 14, Businesses and Business Regulations, first reading. \[Kevin Byal, Building Official\] First reading, no action taken. c. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-45, amending the Huntsville Code of Ordinances, specifically Chapter 20, Fire Prevention and Protection, first reading. \[Kevin Byal, Building Official\] First reading, no action taken. d. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-46, amending the Huntsville Code of Ordinances, specifically Chapter 44, Traffic and Motor Vehicles, Section 44-161 Obstructions of Public Rights-of-Way, first reading. \[Kevin Byal, Building Official\] First reading, no action taken. 5. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, public comment, discussion, and possible action to consider Mayor’s nominations for board and committee service. \[Mayor Brauninger\] Mayor Brauninger moved his nominations (below), which were unanimously adopted, 9-0. Zoning Board of Adjustments Nate Grigsby, reappointment City of Huntsville, Texas Veterans Affairs Advisory Board Leigh-Anne Byrd Stewart, initial appointment Cemetery Advisory Board Douglas Wright, reappointment b. Presentation, public comment, discussion, and possible action on a presentation of proposals for the 2017-18 tax rate and budget. \[Matt Benoit, City Manager\] Finance Director Steve Ritter and City Manager Matt Benoit gave the General Fund presentation. The Council recessed from 8:45-8:51. 6. PUBLIC HEARING – The City Council will hear public comment on their consideration to adopt a maximum property tax rate of $0.3809 per $100 valuation for the City’s 2017–2018 Fiscal Year (Tax Year 2017). The Mayor opened the public hearing at 8:52 p.m. Ray Gravlin, Sandy Harding, and Colt Christian gave comment. The Mayor ended the public hearing at 9:02 p.m. Mr. Ritter reminded all that there would be another tax rate public hearing on Sept. 5, along with a budget public hearing. 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 8, 2017. 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: - Filing has opened for the November 7 general election. The position of Mayor at-large and the four Ward Councilmember seats will be on the ballot. Filing continues until August 21 at 5 pm, in the office of the City Secretary. A candidate’s packet and more information is available on the City’s election page on the website, or call 936-291-5403. - I was notified this morning that the Governor’s Texas Film Commission has included Huntsville on its new Texas Classics Film Trail, which leads visitors on a self-guided tour of iconic sites from famous Texas-made films and television shows. It recognizes the Texas Prison Museum and the former Texas State Penitentiary as locations appearing in Bonnie and Clyde and Urban Cowboy, as well as other movies. Follow the Texas Classics Film Trail at TravelTexas.com. HISD Minute! (Councilmember Olson) - Schools are reopening all over town in the next couple of weeks, so please be aware of school zones, pedestrians around schools, and increased traffic around the SHSU campus and area schools. Let’s be safe and start the semester off right! CoH Clean Minute! (Councilmember Humphrey) – Thanks for helping keep Home Sweet Huntsville clean by being thoughtful about litter. Trash and dumping are a problem locally, that your tax dollars and City staff time has to address all over town. Please use trash cans or recycle when possible. We want a clean community because we live here, but also for all the visitors joining us as a whole new school year begins at SHSU. Let’s make a great first impression! Councilmember Davidhizar offered congratulations to Mayor Andy Brauninger, who on Saturday was elected as the 2017-2018 Vice President for the Texas Municipal League Region 14. He will serve municipalities in 17 counties in our area along with this year’s President, Mayor Pro Tem Tamara Young-Hector of the Willis City Council. Councilmember Joe Emmett asked all to please join us in this room on Aug. 24 at 11:30 for the Library’s monthly Brown Bag Lecture Series. You bring your lunch, the library provides beverages, and the speaker begins at noon. This month will be our own John Waldo, Emergency Management Coordinator to help you plan a “Tool Box for All Hazards.” Call 291-5471 for more information. Councilmember McCaffety said, 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. 10. EXECUTIVE SESSION a. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 – consultation with counsel on legal matters, and Section 551.072 – deliberation regarding purchase, exchange, lease or value of real property, regarding a permanent utility easement and temporary construction easement located upon a called 51.597-acre tract in the Thomas Gibbs Survey, Abstract Number 220, Vol. 173, Page 114, and Vol. 350, Page 743, of the Official Public Records of Walker County, Texas. \[Matt Benoit, City Manager; Y.S. “Ram” Ramachandra, City Engineer\] b. City Council will meet in Executive Session pursuant to Texas Government Code Sections 551.071 – consultation with counsel on legal matters and 551.072 – deliberation regarding purchase, exchange, lease or value of real property regarding a property roughly bounded by IH 45, FM 1374, Veteran's Memorial Parkway and Tall Timbers Lane; and property roughly bounded by FM 2821, SH 30 and MLK, Jr. Drive. \[Matt Benoit, City Manager\] c. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 - consultation between governmental body and its attorney to seek advice of attorney about a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act, regarding complaint against Councilmember Allen. \[Leonard Schneider, City Attorney\] Item a was pulled prior to the meeting and not discussed. Councilmember Allen asked that item c be handled in public session but did not move a motion to do so. The Council adjourned to Executive Session at 9:09 p.m. Councilmember Allen left the meeting as the Council adjourned into Executive Session. 11. RECONVENE The Council reconvened at 10:17 p.m. In reference to item 10 b, Mayor Pro Tem Olson moved to instruct the City Manager to execute a real estate contract for Site 1. The motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0 12. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 10:19 p.m. Lee Woodward, City Secretary