Minutes - 03/19/2013
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19 DAY OF MARCH 2013, IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:00 PM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H. Johnson, Keith Olson, Joe Emmett, Tish Humphrey, Ronald Allen,
Clyde Loll
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary____________________________________
WORKSHOP SESSION [5:00 PM – LARGE CONFERENCE ROOM] – City Council will meet to discuss the budgeted revision of the
Development Code. [Aron Kulhavy, Director of Community and Economic Development]
Mr. Kulhavy presented information on the project contract process. Councilmember Loll discussed the individual reviews and scoring
resulting in the staff recommendation. Mr. Kulhavy said the firm selected would be given staff research and applicable City materials, a
hearing draft document would be developed, the Planning and Zoning Commission and City Council would review, and public hearings
would be conducted. He added that the process would likely take about nine months but that final adoption could take any amount of time,
dependent upon consensus. Councilmember Loll noted one point he really liked about the highest-ranked firm was their intention to spend
time “on the ground” evaluating the community and the current code and ordinances in developing proposed revisions.
REGULAR SESSION [6:00PM]
1. CALL TO ORDER - In the presence of a quorum, Mayor Woodward called the meeting to order at 6:00 pm.
2. INVOCATION AND PLEDGES – Councilmember Loll gave the invocation and Girl Scout Riley Molnes led the pledges.
Mayor Woodward presented Chris Vasquez, IT Director, with the City’s Sunny Award, received for the second year in a row.
3. PUBLIC COMMENT
There were no public comments.
4. CONSENT AGENDA
(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 Regular Session held on March 5, 2013. [Lee Woodward, City Secretary]
Councilmember Montgomery made a motion to approve the minutes and was seconded by Councilmember Olson.
Councilmember Allen expressed displeasure with revisions to the minutes made by Councilmember Johnson (second and fifth
paragraphs on page 2 of revised minutes), saying that Councilmember Montgomery’s statements covered the issue.
Councilmember Johnson said his additions in these paragraphs referred to the March 5, 2013 workshop and meeting and that he
deemed them factual and necessary clarifications.
Councilmember Allen moved to remove the paragraphs and was seconded by Councilmember Fitch. Councilmember Humphrey
said she had also called for clarification on proper inclusion in the minutes, saying she felt the items were correct but perhaps
strongly worded and could be in quotes or note who submitted the wording. Councilmember Fitch said he felt it read more as a
commentary and not in line with the regular form of the minutes. Mayor Woodward asked City Attorney Leonard Schneider about
voting on minutes for a meeting which he did not attend. Mr. Schneider reminded him an abstention was a negative vote. The
Mayor and Councilmember Olson chose to file Conflicts of Interest, stating they had not attended the meeting in question, and
did not continue to participate in the discussion or vote.
Councilmember Fitch moved to postpone the vote on the amendment to the next meeting and was seconded by Councilmember
Montgomery. The motion passed 7-0, Councilmember Olson and Mayor Woodward not voting.
5. STATUTORY AGENDA
a. Presentation, discussion, and possible action to authorize the City Manager to order an appraisal and title report for the
possible sale of City-owned property located at 2257 Sam Houston Avenue, more commonly known as the Army
Reserve Building, and advertise for bids. [Matt Benoit, City Manager]
Councilmember Olson moved to approve the item and was seconded by Councilmember Loll. Councilmember Humphrey
confirmed this item was not to entertain bids or move forward toward a sale. The Mayor confirmed any successive action would
have to come before the Council. The motion passed unanimously.
b. Presentation, discussion, and possible action to approve Ordinance 2013-22, authorizing the City Manager to update the
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Employee Policies and Procedures Manual, 1 reading. [Matt Benoit, City Manager]
The Mayor noted the item would not be voted on tonight. Matt Benoit, City Manager, said the Manual was a 235-page document
adopted by ordinance in 2005 by the Council and was, in his opinion, in need of an effective review. He discussed surveying
about ten similarly-sized cities in the region who do confer this authority to the City Manager, adding that the Councils of three
cities still retain control. Mr. Benoit said the item had come before the Personnel Committee and that he and the City Attorney
had also looked for some middle ground but found it was more appropriate to hand over all to the City Manager.
Councilmember Humphrey, as a member of the Personnel Committee, addressed the concern over defining what regulations the
Council should continue to handle. Mr. Benoit said he had looked for “benign” classifications and also found that categorization
was too subjective. Councilmember Allen read a prepared statement quoting from the City Charter concerning the Council duties
and expressing that Council would have more continuity and familiarity with employee benefits and personnel issues.
Councilmember Montgomery noted the Personnel Committee felt that the City Manager had certain controls and expressed
concern in handing over all the policy decisions. She asked for more exploration of separating policies versus procedures.
Councilmember Fitch asked of the possibility of creating a standard operating procedures and having policy decisions to still
come to the Council. Councilmember Humphrey mentioned the few times the Manual had been updated and offered that a
review of the document could help in definitions. Mayor Woodward requested the City Manager evaluate the comments heard
and decide whether to return the Ordinance for a second reading.
c. Presentation, discussion, and possible action to amending the City of Huntsville, Texas Code of Ordinances,
specifically Chapter 8 “Animals and Fowl”; providing for a penalty; making other provisions and findings thereto; and
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declaring an effective date, 1 reading. [Chief Kevin Lunsford, Director of Public Safety]
Chief Kevin Lunsford, Director of Public Safety, said there had recently been a serious animal complaint that brought to light the
difficulties in the current Code and the issues with handling such an event under state law. He said the proposal was primarily to
bring the state provisions into the City Code to bring the item into the Municipal Court system. Chief Lunsford also addressed the
addition of free-range fowl provisions, unattended animals, interference with animal control officers, and dangerous dogs.
Councilmember Emmett asked about the effect on homing pigeons and pot-bellied pigs as pets, for definition of a “rear-fanged”
snake, provisions for fences for bees, and snake lengths. Chief Lunsford noted these were existing portions of the Ordinance
and not being addressed in this revision and were not frequently encountered in the community. Councilmember Emmett also
had questions about dogs left outside in the heat, restrictions on dogs versus cats, and concerns of the expense of oversight of
dangerous dog registration.
Councilmember Allen said the initiating event was in his ward and that he supported the Ordinance, also praising the Chief’s
performance throughout. Councilmember Humphrey clarified with the Chief that no specific breeds were highlighted in proposal.
Councilmember Johnson asked about grandfathering as there were portions of the ordinance in place that had not been
enforced. Chief Lunsford noted the department responded to issues as they arose, rather than seeking particular animals.
Councilmember Fitch agreed, saying that complaints tended to drive involvement. Councilmember Loll noted this had been a
very big issue during his term on a Council of a much smaller community and that he expected this item would generate a lot of
concern, highlighting proposed Sec. 8-100 of the Code. City Attorney Schneider addressed the longstanding authority of the City
to control swine from the Local Government Code. Councilmember Fitch noted the provision of the word “unprovoked” and that
engaging an animal was generally accepted as provocation, and that this would ease the concerns of many owners. Mayor
Woodward noted the work of the Rita B. Huff Humane Society.
d. Presentation, discussion, and possible action to authorize the City Manager to execute a Permission for Aerial
Easement to enclose an existing balcony located at 1105 12th Street. [Aron Kulhavy, Community and Economic
Development]
Councilmember Olson made a motion to approve and was seconded by Councilmember Fitch. Councilmember Humphrey asked
about the inclusion of language saying the enclosure would only be a waiting area. Aron Kulhavy, Director of Community and
Economic Development, said the owner had included the language. Councilmember Johnson said he had spoken with Bert Lyle
and had the impression that Mr. Lyle was sensitive to the fact that he was using public right-of-way.
The motion passed unanimously, 9-0.
6. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. City Manager’s Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
Mr. Benoit said he would be out of town for training Wednesday afternoon to Friday afternoon. Dr. Sherry McKibben,
Community Development Specialist, gave a presentation on the currently available housing programs. Councilmember
Montgomery and the Mayor thanked Dr. McKibben for her office’s efforts and noted the community’s need for housing.
7. PUBLIC COMMENT
There were no public 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.)
Linda Dodson, City Librarian, announced Linda Berman would be at the library this weekend, a Teen Program in April, and ongoing
Read with the Dogs programming, weekly Story Hour and children’s book club. Dr. Sherry McKibben announced a community
meeting for Harnessing Huntsville’s Potential at the library community room on Thursday, March 28 at 6:30. Councilmember Emmett
congratulated the SHSU Women’s Basketball team on their recent success. Councilmember Humphrey lauded the work of the
Harnessing committee and the City Manager for the new agenda item cover sheets and notebook format.
10. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, 551.071 and 551.087 –
deliberation regarding economic development negotiation involving project Lennon, and to receive legal advice on
development negotiations and contracts for Project Lennon. [Matt Benoit, City Manager, and Aron Kulhavy, Director of
Community and Economic Development]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 -
personnel matters regarding the evaluation of City Secretary Lee Woodward, part 2 of 3. [Mayor Woodward]
The Council adjourned the Council into Executive Session at 7:22 p.m.
11. RECONVENE
a. Take action, if necessary, on items addressed during Executive Session.
Mayor Woodward reconvened the meeting at 9:13 p.m. He said there was no additional business to be conducted.
12. ADJOURNMENT
Mayor Woodward adjourned the meeting at 9:13 pm.
Respectfully submitted,
Lee Woodward, City Secretary