Minutes - 09/05/2017
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 5th DAY OF SEPTEMBER 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
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.
Mayor Brauninger let a moment of silence for the victims and responders to Hurricane Harvey and then gave an invocation.
3. PROCLAMATIONS AND PRESENTATIONS
- The Mayor recognized representatives of the new HEB store, Unit Director Vicki Sides, Community Affairs Coordinator Nan
Price, and Store Manager for Non-Perishables Spencer Parish
- Coach Deggs and the SHSU Baseball Team
- Presentation of new HPD Sergeants Wade Roberts and Jeremy Carroll
- Emergency Preparedness Month
4. PUBLIC HEARINGS
a. 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).
Mayor Brauninger opened the hearing at 6:21 p.m. Ray Gravlin, Marion Wagamon, George Russell, Charles Wagamon,
Janice Crocker, and Timothy Davis offered public comment. Mayor Brauninger closed the hearing at 6:38 p.m.
b. The City Council will hear public comment regarding the City’s Annual Budget for Fiscal Year 2017–2018 (Tax Year
2017).
Mayor Brauninger opened the hearing at 6:38 p.m. Ray Gravlin and George Russell gave public comment. Mayor
Brauninger closed the hearing at 6:50 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 August 15, 2017. \[Lee Woodward, City Secretary\]
b. Adopt Ordinance 2017-44 amending the Huntsville Code of Ordinance, specifically Chapter 14, Businesses and
Business Regulations. \[Kevin Byal, Building Official\]
c. Adopt Ordinance 2017-45, amending the Huntsville Code of Ordinances, specifically Chapter 20, Fire Prevention
and Protection. \[Kevin Byal, Building Official\]
d. Adopt 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. \[Kevin Byal, Building Official\]
e. Authorize the City Manager to enter into a consulting contract for $48,020.00 to prepare a FEMA-required Hazard
Mitigation Plan. \[Dr. Sherry McKibben, Director of Neighborhood Resources; Chief Kevin Lunsford, Director of
Public Safety\]
f. Abandon the sanitary sewer lift station easement on KBME, LLC property, described in Vol. 1058, Page 315, of the
Official Public Records of Walker County, Texas. \[Y. S. “Ram” Ramachandra, City Engineer\]
g. Abandon sanitary sewer easements on Gibbs Brothers & Co. property, described in Vol. 40, Page 39, of the deed
records of Walker County, Texas. \[Y. S. “Ram” Ramachandra, City Engineer\]
Mayor Pro Tem Olson moved to approve the consent agenda; the motion was seconded by Councilmember Davidhizar.
The motion was adopted, 9-0.
6. 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, second reading.
\[Kevin Byal, Building Official\]
This item was pulled prior to the meeting and not considered.
b. Presentation, public comment, discussion, and possible action Authorize the City Manager to apply for a Texas
Department of Agriculture Main Street grant for $124,302.50, plus $53,272.50 in matching funds, designating the
City Manager as the City’s Authorized Representative, and adopting Resolution 2017-16 in support of same. \[Dr.
Sherry McKibben, Director of Neighborhood Resources; Aron Kulhavy, Director of Community & Economic
Development\]
Councilmember Humphrey moved to authorize the City Manager to apply for a Texas Department of Agriculture Texas
Capital Fund Main Street grant for $124,302.50, plus $53,272.50 in matching funds, designate the City Manager as the
City’s Authorized Representative, and adopt Resolution 2017-16 in support of same. The motion was seconded by Mayor
Pro Tem Olson. The motion was adopted, 9-0.
c. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to award
the purchase of a new sewer combination truck, in the amount of $356,586.00, from Rush Truck Center, and to
cancel the purchase of a sewer combination truck, in the amount of $357,036.00, from Grande Truck Center, first
reading. \[Daryl Uptmore, Director of Public Works\]
Councilmember Humphrey moved to waive the second reading per the provision of the City’s Rules of Procedure, and
moved to authorize the City Manager to award the purchase of a sewer combination truck, in the amount of $356,586.00,
from Rush Truck Center, and to cancel the purchase of a sewer combination truck, in the amount of $357,036.00, from
Grande Truck Center. The motion was seconded by Councilmembers McCaffety and Rodriquez. After discussion and
without objection, Councilmember Humphrey was permitted to withdraw the motion from consideration.
d. Presentation, public comment, discussion, and possible action to consider approving the following decision
packages for the proposed 2017-2018 annual budget:
1. Proposed funding sources and levels of various employee benefits
2. General Fund Capital Improvement Projects
3. Utility Fund Capital Improvement Projects
4. Proposed funding sources and levels of various position additions and COLA
5. Proposed uses of Unallocated Reserves from each fund
6. Proposed funding sources for various new items
7. Proposed funding sources for Economic Development
Councilmember Humphrey moved to approve the decision packages listed as items 6d (1)-(7) on the City Council agenda.
The motion was seconded by Councilmember Rodriquez. Councilmember Allen asked to pull items 4, 5, and 7. The motion
to approve items 1, 2, 3, and 6 was adopted, 9-0.
Councilmember Davidhizar moved to approve item 4; the motion was seconded by Councilmember Humphrey. The motion
was adopted, 6-3, Mayor Brauninger and Councilmembers Allen and Emmett voting against.
Councilmember Humphrey moved to approve item 5; the motion was seconded by Councilmember Rodriquez. Mayor Pro
Tem Olson moved to amend by striking the “SHSU Events - $50,000” line in the Hotel/Motel Fund listing, with the intent to
return the funds to unallocated reserves; the motion was seconded by Councilmember Allen. The motion to amend was
unanimously adopted, 9-0. The amended main motion was unanimously adopted, 9-0.
Councilmember Humphrey moved to approve item 7; the motion was seconded by Councilmember Davidhizar. Mayor Pro
Tem Olson moved to amend by striking the $191,000 in property tax from the item; the motion was seconded by
Councilmember Allen. The motion to amend was adopted, 7-2, Councilmembers Davidhizar and Humphrey voting against.
The amended main motion was unanimously adopted, 9-0.
7. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Presentation, public comment, discussion, and possible action to consider Mayor’s nomination of Joyce Robinson
for reappointment to the Cemetery Advisory Board. \[Mayor Brauninger\]
Mayor Brauninger moved his nomination of Joyce Robinson for reappointment to the Cemetery Advisory Board; the motion
was unanimously adopted, 9-0.
b. City Manager’s Report - Updates on City construction, grants, studies, City projects, City purchases, and economic
development
- Update from American Civil Engineering Services, L.P. (ACES) on Freese & Nichols and Enprotec/Hibbs & Todd,
Inc., (eHT) on Proposition 3 projects design.
Brent Sherrod of American Civil Engineering Services, L.P. (ACES) updated the Council on the design process for
Proposition 3 projects, noting that the design phases for the projects were currently on track and continuing to proceed on
schedule.
c. Presentation, public comment, discussion, and possible action to consider an agenda item request by
Councilmember Allen to “discuss and adopt a motion to direct staff to bring back, at the September 19, 2017, City
Council meeting, a policy for spending any monies that may be placed in an economic development fund to contain,
at least, the requirements that monies be used only for the purpose of bringing industrial jobs and that any
expenditure of monies from this fund require a two-thirds majority vote of the City Council.” \[Councilmember Allen\]
Councilmember Allen moved to direct staff to bring back, at the September 19, 2017, City Council meeting, a policy for
spending any monies that may be placed in an economic development fund to contain, at least, the requirements that
monies be used only for the purpose of bringing industrial jobs and that any expenditure of monies from this fund require a
vote of the City Council; the motion was seconded by Mayor Brauninger. After discussion and without objection,
Councilmember Allen was permitted to withdraw the motion from consideration.
The Council recessed for five minutes at 9:12 p.m.
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.
a. Consideration and discussion of a Citizen Participation Request from Ray Gravlin, 1510 18th Street, to discuss
yellow curbs, parking, and street repair.
George Russell offered public comment. Mr. Gravlin expressed his concern about parking restrictions in the Avenues.
b. Consideration and discussion of a Citizen Participation Request from Cindy Blaylock and the Huntsville Downtown
Business Alliance and Walker County Judge Danny Pierce for the City to reconsider renewing the lease agreement
for the Ernst Parking Lot located at the corner of 12th Street and Avenue M.
Cindy Blaylock expressed the concerns of the Downtown Business Alliance. Walker County Judge Danny Pierce, Judge
Tracy Sorensen, and George Russell offered public comment.
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.)
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
- The Corporation for National & Community Service reminds everyone that Monday, Sept. 11 is a National Day of Service.
Visit NationalService.gov/911Day to find ways to volunteer, or offer your volunteerism hours locally.
Mayor Pro Tem Olson gave an HISD Minute! - Schools are open (again) all over town. Please be aware of school zones,
pedestrians around schools, and increased traffic around the SHSU campus. If you’re attending football games or other sporting
events, you can bet there’ll be lots of people in parking lots and crossing between cars at dusk and in the dark. Let’s be safe!
Councilmember Humphrey offered a CoH Clean Minute!– Thanks for helping keep Home Sweet Huntsville clean by being
thoughtful about cleaning up after Hurricane Harvey. The first, third, and fifth Wednesdays of each month are yard waste pick
up and the second and fourth Wednesdays of each month are heavy trash & large yard waste pick up. Call 294-5712 if you have
questions or need to schedule a pick up. We want a clean community because we live here, but also for all the visitors who will
be joining us soon for National Night Out and Fair on the Square. Let’s make a great first impression!
She also invite everyone to come for a brown bag lunch picnic on Monday, Sept. 11, at the Sam Houston Memorial Park. Friends
from across the community are gathering to have lunch together in front of the Woodland Home on 19th Street. Bring your lunch
and a friend and see who shows up – see you there!
Councilmember Emmett said Texas AgriLife Extension is holding an AgrAbility class on September 16 in Dayton. They are
hoping to help anyone interested in starting an agriculture business, especially veterans, those with disabilities, and beginning
farmers and ranchers. Find out more by calling Erin at 979-847-6185.
Councilmember Loll discussed Hurricane Harvey communications, saying,”If you’re not following the City on Facebook and
Twitter, you’re missing out. There was frequent and extensive coverage during the hurricane. This picture of rainwater near the
University was posted on Saturday morning during Hurricane Harvey and has now had a Facebook reach of over 93,000 people
and over 78,000 impressions on Twitter! (And you thought no one used Twitter, right?)
But the City’s most successful post ever is this one, of TDCJ staff forming up at the Prison Museum, in this great drone shot
taken by City Engineer In Training Matthew Woodham. It has had a Facebook reach of over 103,000! Make sure you’re following
the City, too, so you will see it all and see it first!”
Councilmember Davidhizar discussed the excellent turnout at the Alpha Omega Academy blood drive last Saturday, so
successful that many people had to be turned around. They are holding another drive on September 12 because there is still a
great need and great response. Call the school for more information.
Councilmember Humphrey thanked Baylor University for getting the SHSU game rescheduled. She said there was a video of
Southland Conference schools and their donations. Councilmember Rodriquez exuberantly praised Reverend Ellen Willett and
Judy Freeman for management of the donation center where he had volunteered.
11. 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 purchases, exchanges, lease or value
of real property, regarding a permanent utility easement and temporary construction easement located upon a
called two tracts of land, collectively the servient estate property, being a called 56.759 acre tract situated in the
Harvey Gray Survey A-212, Vol 173, Page 114 and 1.166 acre tract situated in Thomas Gibbs Survey, A-220, Vol
350, Page 743 of the Official Public Records of Walker County, TX. \[Y. S. “Ram” Ramachandra, City Engineer\]
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:
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- An area generally bounded by Avenue L ½, 21 Street, Avenue M, Windsor Street, Lake Road/Avenue J, and
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Bowers Boulevard/20 Street.
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- An area generally bounded by 10 Street, University Avenue, 11 Street, and Avenue M.
- An area generally bounded by FM 2821, Smith Hill Road, Old Madisonville Road, and State Highway 75 North.
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- An area generally bounded by Normal Park Drive, Pine Shadows Drive/10 Street, Avenue M, 17 Street, Avenue
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Q, and 19 Street. \[Matt Benoit, City Manager\]
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. \[Leonard
Schneider, City Attorney\]
The Council adjourned to Executive Session at 10:05 p.m. Councilmember Emmett signed a Conflict of Interest affidavit for
a portion of item 11b and left the Session and did not participate in that part of the item. Councilmember Allen left the
meeting as the Council considered item 11c.
12. RECONVENE
The Council reconvened at 11:24 p.m.
13. ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 11:24 p.m.
Lee Woodward, City Secretary