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Minutes - 09/19/2017 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 19th 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. Councilmember Loll gave an invocation and Martin Oteng of Huntsville High School led the pledges. 3. PUBLIC HEARINGS a. The City Council will hear public comment on possible 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. Mayor Brauninger opened the hearing at 6:05 p.m. Jerry McCrory offered public comment. Mayor Brauninger closed the hearing at 6:08 p.m. b. The City Council will hear public comment on possible 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. Mayor Brauninger opened the hearing at 6:09 p.m. Mayor Brauninger closed the hearing at 6:09 p.m. 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 5, 2017. \[Lee Woodward, City Secretary\] b. Authorize the City Manager to accept the 2017–19 Victims Service Coordinator Grant for $141,322.83, plus a $35,330.71 City match. \[Dr. Sherry McKibben, Director of Neighborhood Resources; Chief Kevin Lunsford, Director of Public Safety\] c. Adopt Ordinance 2017-49 to amend the Capital Improvement Projects budget. \[Steve Ritter, Finance Director\] d. Adopt Resolution 2017-17 designating The Huntsville Item as the official newspaper for the City of Huntsville for FY 2017-18, annual item. \[Lee Woodward, City Secretary\] e. Authorize the City Manager to sign an Interlocal Agreement for the Improvement and Lease of Parking Area. \[Matt Benoit, City Manager\] Mayor Pro Tem Olson moved to approve the consent agenda; the motion was seconded by Councilmember Rodriquez. Mayor Pro Tem Olson pulled item e. The motion to approve items a-d was adopted, 9-0. Mayor Pro Tem Olson moved to approve the lease as amended by striking the fifth paragraph on the second page of the contract (page 4 of the packet, reading The CITY, to the extent of the law, agrees to indemnify and hold harmless Ernst/Ernst Guthrie and the COUNTY for any act or omission of the City or its officers, employees, contractors, agents or invitees in operating, maintaining, or using the Leased Premises. The COUNTY, to the extent provided by law, agrees to indemnify and hold harmless Ernst/Ernst Guthrie and the CITY for any act or omission of the COUNTY or its officers, employees, contractors, agents or invitees in operating, maintaining or using the Leased Premises. – The lease copy had also been amended prior to the meeting to include the City Attorney’s addition of Parties agree that they are not entitled to consequential damages, special damages, lost profits or future lost profits. below the addresses provided at the top of page 3 of the contract and was a part of the adopted contract.); the motion was seconded by Councilmember Loll. The motion to adopt the amended lease was unanimously approved, 9-0. 5. STATUTORY AGENDA a. Presentation, public comment, discussion, and possible action to consider approval of First National Bank as the City’s depository bank and authorize the City Manager to sign the contract for banking services with First National Bank. \[Steve Ritter, Finance Director\] Councilmember Davidhizar moved to approve First National Bank as the City’s depository bank and authorize the City Manager to sign the contract for banking services with First National Bank; the motion was seconded by Councilmember Emmett. The motion was adopted, 9-0. b. Presentation, public comment, discussion, and possible action to consider approving nominations for the 2018 Walker County Appraisal District Board of Directors (annual item). \[Lee Woodward, City Secretary\] Councilmember Loll signed a Conflict of Interest affidavit and did not participate in the discussion or vote on the item. Mayor Brauninger moved to approve the nominations for the 2018 Walker County Appraisal District Board of Directors as listed, with the City’s votes allocated among them as evenly as possible, with the first two candidates listed receiving 105 votes and each remaining candidate receiving 104 votes, as 730 is not evenly divisible by 7; the motion was seconded by Councilmember Humphrey. The motion was adopted, 8-0. 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 ($397,586 less trade in $41,000), 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, second reading. \[Daryl Uptmore, Director of Public Works\] Councilmember Humphrey moved to authorize the City Manager to award the purchase of a new sewer combination truck, in the amount of $356,586 ($397,586 less trade in $41,000), 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 Councilmember Rodriquez. Ray Gravlin offered public comment. The motion was adopted, 7-2, Councilmembers Allen and Emmett voting against. d. Presentation, public comment, discussion, and possible action to consider approval of the TIRZ 2016 Annual Report. \[Steve Ritter, Finance Director\] Councilmember Rodriquez moved to approve the TIRZ 2016 Annual Report; the motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 9-0. e. FIRST READING - 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, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] First reading, no action taken. f. FIRST READING - 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, first reading. Councilmember Humphrey signed a Conflict of Interest affidavit and did not participate in the discussion on the item. First reading, no action taken. 6. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, discussion, public comment, and possible action to adopt Ordinance 2017-47, adopting the Fiscal Year 2017-2018 Budget, with all policies, fees, rates, and provisions as referenced therein (record vote). \[Steve Ritter, Finance Director\] Councilmember Rodriquez moved to adopt Ordinance 2017-47, adopting the Fiscal Year 2017–2018 Budget with all policies, fees, rates, and provisions as referenced therein; the motion was seconded by Councilmember Loll. Ray Gravlin gave public comment. The motion was adopted, 7-2, Mayor Brauninger and Councilmember Emmett voting against. b. Presentation, discussion, public comment, and possible action to ratify the increased property tax revenues reflected in the Fiscal Year 2017-2018 Budget as adopted. \[Steve Ritter, Finance Director\] Councilmember Davidhizar moved to ratify the increased property tax revenues of $150,595 reflected in the Fiscal Year 2017-2018 Budget as adopted; the motion was seconded by Councilmember Rodriquez. The motion was adopted, 9-0. c. Presentation, discussion, public comment, and possible action to adopt Ordinance 2017-48, adopting the tax rate and levying taxes for the City of Huntsville Fiscal Year 2017-2018 (adoption of budget required to vote on this item). \[Steve Ritter, Finance Director\] Councilmember Rodriquez moved to adopt Ordinance 2017-48 adopting the Effective Tax Rate of $0.3666/$100 valuation and levying taxes for the City of Huntsville for the Fiscal Year 2017-2018; the motion was seconded by Councilmember Allen. Councilmember Loll moved to call the question. There was no second or vote, but no objection, and the Council proceeded to the vote. The motion was adopted, 8-1, Councilmember Humphrey voting against. d. FIRST READING - 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, first reading. \[Leonard Schneider, City Attorney\] First reading, no action taken. e. Presentation, discussion, public comment, and possible action to adopt Resolution 2017-18 concerning Councilmember Allen. \[Mayor Brauninger\] Councilmember Rodriquez moved to adopt Resolution 2017-18 declaring certain actions by Councilmember Ronald Allen were inappropriate and censuring Councilmember Allen for his behavior; the motion was seconded by Councilmember Humphrey. Councilmember Rodriquez moved to amend the resolution by waiving attorney-client privilege concerning the September 13, 2017, final report of Olson & Olson attorney Brian Begle to the City Council and attaching said report to the resolution; the motion was seconded by Councilmembers Humphrey and Davidhizar. The motion to amend was adopted, 8-1 (Councilmember Allen did not vote and Section 4.09 Abstentions of the City Charter declares that “A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote.”). Councilmember Humphrey moved to amend Resolution 2017-18 by attaching the City Manager’s July 12, 2017, memo; the motion was seconded by Councilmember Davidhizar. The motion to amend was adopted, 8-1, (Councilmember Allen did not vote and Section 4.09 Abstentions of the City Charter declares that “A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote.”). Mayor Pro Tem Olson moved to adjourn into Executive Session; the motion was seconded by Councilmember Humphrey. Without objection, the Council adjourned at 8:07 p.m. The Council reconvened at 8:15 p.m. The original motion, as amended, was adopted, 8-1, (Councilmember Allen did not vote and Section 4.09 Abstentions of the City Charter declares that “A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote.”). 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. None received by noon on Tuesday, September 12, 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: -The Huntsville Public Library will be 50 this weekend! Please join us on Saturday, from 1-3, for a 50th Anniversary Carnival at the Library. All are welcome; please come celebrate with us! -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. -Take a look at this picture from Sept. 11. HEB annually sponsors a First Responder breakfast on 9/11, and we enjoyed the opportunity to share our observance of this important day with them. Thank you, HEB, and thank you, every single day, to our first responders. Mayor Pro Tem Olson gave an HISD Minute! - Huntsville ISD has received approval from the state to offer FREE lunch to ALL students regardless of any eligibility effective until September 30, 2017. HISD already offers free breakfast and dinner to all students but this allows them to also offer free lunch to all students for the month of September only. Students needing assistance with lunch after September 2017 will need to apply for the Free and Reduced-Price Meal program. Call 936-435-6920 for more information. Mayor Pro Tem Olson also asked the community to remember there are local children who may not eat other than with these programs. Councilmember Humphrey offered a CoH Clean Minute! – Thanks for helping keep Home Sweet Huntsville clean by being thoughtful about yard waste. Please check the City Connection in your monthly water bill for the dates for yard waste and heavy trash collection. 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! Councilmember Humphrey also shared that a community Friendship Luncheon would be held at the Sam Houston Memorial Museum Park grounds on October 13 at noon. All are invited! Councilmember Loll announced the Cancer Survivors’ Parade – 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. Councilmember Davidhizar reminded all of the Library Brown Bag Lunch Series - Huntsville Public Library is currently hosting monthly meetings - of the mind - with their Brown Bag Lecture Series, when an intellectual, thought-provoking lecture is held during the lunch hour. The topic changes monthly, from musical inspiration to building with recycled materials to invasive Texas species. Normally held on the fourth Thursday of each month, admission is free, & no registration is needed. Please check their Events Calendar or social media pages to confirm dates and speakers. September's presenter will be Joel W. Walker, Ph.D., Physics Department Chair at Sam Houston State University, who will speak on Quantum Physics for the Rest of Us. Councilmember Allen spoke on Emergency Preparedness Month – Remember, September is Emergency Preparedness Month. Texas got its share at the end of August, but this is a good reminder for us all - Disasters Don’t Plan Ahead. You Can. Please follow the City on Facebook and Twitter this month for tips from Ready.Gov so you and your family are prepared. Mayor Brauninger lauded Walker County Emergency Management Coordinator Butch Davis for his excellent work and leadership during Hurricane Harvey. Councilmember Emmett said the Walker County Voter Registrar’s office is looking for residents to be trained as Deputy Voter Registrars. Call 936-436-4959 by this Friday for the September 26 training information and for future training schedules. Thank you for helping support our nation’s election process! 10. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 8:30 p.m. Lee Woodward, City Secretary