Minutes - 05/07/2013
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7 DAY OF MAY 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________________________
RECEPTION [5:00PM] – City Council visited with participants in the first Youth Leadership Institute, organized by the City of
Huntsville Youth Advisory Board and the Huntsville/Walker County Chamber of Commerce.
REGULAR SESSION [6:00PM]
1. CALL TO ORDER – In the presence of a quorum, the Mayor called the meeting to order at 6:00 pm.
2. INVOCATION AND PLEDGES – High school student Todd Christian gave the invocation and local high school students
Rebecca Clancy, Joseph Godinez, Kitzia Avila, and Joshua Winston led the pledges.
3. PRESENTATIONS AND PROCLAMATIONS
- Proclamation for Tourism Week
- Proclamation for Motorcycle Safety and Awareness Month
- Proclamation for Municipal Clerks Week
- Proclamation for National Preservation Month
- Recognition of participants in inaugural Youth Leadership Institute program
- Proclamation for Better Hearing Month
- Proclamation for Drinking Water Week
- Proclamation for National Police Week
- Recognition of City from Lion’s Club President Jim Willett
- Recognition of 2013-14 Texas State Association of Parliamentarians Kay Crews
4. PUBLIC HEARING
The City Council received public input on Ordinance 2013-23 to amend the Huntsville Development Code, regarding
Chapter 5, Lot Standards, adding Section 505.5 Planned Developments, allowing for additional development options
and associated standards. [Aron Kulhavy, Director of Community and Economic Development]
Mayor Woodward began the public hearing at 6:37 p.m. Charles Smither, Jr. said that the Council had been excluded from
these matters when the Development Code was first adopted in the 1980s and the Planning and Zoning Commission (P&Z)
was to follow the rules in the Code without concern for “good” or “bad.” He said that the proposed changes would put the
Council in the middle of the development process in the first two steps with a possible combined time lapse of seven years,
pointing out many Councilmembers would likely not be serving that entire time. Mr. Smither discussed possible pressures
from interests on different sides of a development project.
Mayor Woodward closed the public hearing at 6:43 p.m.
5. PUBLIC COMMENT
Jim Willett said he felt there could be a nonconforming section of land in the area of an existing subdivision. He stressed the
importance he felt the P&Z had and noted issues on that board in the past. Mr. Willett asked the Council to consider the issue
mindfully.
6. 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 April 16, 2013 and the Special Sessions held on
April 22 and May 2, 2013. [Lee Woodward, City Secretary]
b. Approve Ordinance 2013-18 amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 4
“Alarm Systems”; providing for a penalty; making other provisions and findings thereto; and declaring an
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effective date, 2 reading. [Chief Kevin Lunsford, Director of Public Safety]
c. Approve Ordinance 2013-22 to amend the budget for FY 12-13. [Steve Ritter, Interim Finance Director]
d. Approve tax sale bid for trust property GEO ID 8722-002-0-00800, West Lake Shores, Sec 2, Block 2, Lot 8. [Steve
Ritter, Interim Finance Director]
e. Consider adopting Ordinance 2013-21, amending Section 11.04 of the City of Huntsville, Texas Employee Policy
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and Procedures Manual entitled “Reduction in Force,” and making other provisions related thereto, 2 reading.
[Missy Davidson, Interim Human Resource Manager]
f. Consider approving Resolution 2013-08 in support of the Victims’ Service Coordinator Grant application. [Dr.
Sherry McKibben, Community Development Specialist]
Councilmember Johnson moved to approve the Consent Agenda and was seconded by Councilmember Humphrey. The
motion passed unanimously.
7. STATUTORY AGENDA
a. Presentation, discussion, and possible action to authorize the City Manager to enter into a three-year agreement
with CitySupport, LLC for alarm management services on a revenue-sharing basis. [Chief Kevin Lunsford,
Director of Public Safety]
Councilmember Fitch made a motion to authorize the City Manager to enter into a three-year agreement with CitySupport,
LLC for alarm management services and was seconded by Councilmember Loll. The motion passed unanimously.
b. Presentation, discussion, and possible action to approve Ordinance 2013-23, amending the Huntsville
Development Code, regarding Chapter 5, Lot Standards, adding Section 505.5 Planned Developments, allowing
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for additional development options and associated standards, 1 reading. [Aron Kulhavy, Director of Community
and Economic Development]
The Mayor noted this was a first reading. Councilmember Fitch said it did not make sense to him to change the Code
while it is being reviewed but could be presented to the company working on the revision, for later Council consideration
of the whole. Councilmember Montgomery discussed Mr. Willett’s comment, asking how planned development might be
handled in such an area. Aron Kulhavy, Director of Community and Economic Development, said the proposal would be
run like a zoning change, including notification and an opportunity for feedback from neighbors. He noted the P&Z and the
Council would eventually review such an instance in view of the City’s Comprehensive Plan. Councilmember Johnson
asked about the timing and Mr. Kulhavy said they were maximum’s for expiration issues. The Mayor noted that this
process was more rigorous than the typical development procedure.
c. Consider authorizing the City Manager to submit an application to the Houston-Galveston Area Council for a
Homeland Security Grant in the amount of $131,214.00. [Dr. Sherry McKibben, Community Development
Specialist]
Councilmember Loll made a motion to authorize the City Manager to submit an application to the Houston-Galveston Area
Council for a Homeland Security Grant and was seconded by Councilmember Humphrey. Councilmember Humphrey
asked about the radios from the 2011 grant and was told they had been purchased. Councilmember Montgomery noted
there was no match from the City. The motion passed unanimously.
d. Consider the purchase of a solid waste transfer trailer. [Billie Smith, Procurement Manager]
Councilmember Olson made a motion to authorize the City Manager to purchase of a solid waste transfer trailer and was
seconded by Councilmember Emmett. The motion passed unanimously.
e. Consider the award of bid for the Safe Routes to School (SRTS) Project 09-01-01 (State CSJs 0917-27-038, 0917-
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27-039, 0917-27-040, 0917-27-041 and 0917-27-042), 1 reading. [Aron Kulhavy, Director of Community and
Economic Development]
The Mayor noted this was a first reading. Matt Benoit, City Manager, said he believed General Fund fund balance would
not be needed for the full project as a large amount had been made available from the Capital Improvement Projects
budget. Councilmember Allen confirmed that the budget amendment expected at the next meeting would cover the
project.
f. Consider award of construction contract for Main Street Sidewalk Project for $157,048.80 and approve Resolution
2013-09 in support of same. [Dr. Sherry McKibben, Community Development Specialist]
Councilmember Olson made a motion to approve the item and was seconded by Councilmember Johnson. The motion
passed unanimously.
8. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. Presentation, discussion, and possible action to approve nomination of Pete Townsend to an open position on
the City of Huntsville, Texas Veterans Affairs Advisory Board. [Mayor Woodward]
Mayor Woodward nominated Pete Townsend to an open position on the City of Huntsville, Texas Veterans Affairs
Advisory Board. The motion passed unanimously.
b. Presentation, discussion, and possible action to approve Ordinance 2013-19 to approve updates to the City
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Council Rules of Procedure, 2 reading. [Mayor Woodward]
Councilmember Johnson made a motion to approve the updates to the Rules of Procedure and was seconded by
Councilmember Montgomery.
Mayor Woodward addressed the City Attorney’s recommendations since the first reading in Sections 7.02, 7.05(c)(2), and
7.05(a)(6). In reference to 7.05(c)(2), Leonard Schneider, City Attorney, noted that the Council should not discuss City
business that is not posted and his recommendation would align media inquiries to this.
The Mayor moved to amend the motion to remove 7.05(c)(2) and was seconded by Councilmember Montgomery. The
amended motion passed unanimously. The main motion passed unanimously.
c. City Manager’s Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
Carol Reed, Director of Public Works, showed photos of a recent repair and lauded the staff. However, she added
that today effluent flow under Camellia Lake had increased greatly and testing led to a determination that it was at or
near the May 2012 failure. Ms. Reed said there had not yet been an overflow or noncompliance at the plant, that her
staff was pursuing all options, and that the prior repair was still under warranty. She said relocation and
abandonment of the pipe was also being discussed.
9. PUBLIC COMMENT
There were no public comments.
10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
11. ITEMS OF COMMUNITY INTEREST
The Mayor announced the HEARTS Museum would be dedicating their Vietnam Veterans walkway on May 11. He
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recognized John Fortner’s granddaughter Shane for placing 3 in the State High School 5-A Mixed Doubles Tournament.
Councilmember Humphrey recognized Aron Kulhavy for playing in Saturday’s Republicans-vs-Democrats charity football
game, sponsored by the SHSU Junior Fellows, with proceeds benefitting YMCA and the John Holcombe Scholarship.
Kimm Thomas, Director of Tourism and Cultural Arts, encouraged all to come out for the Millionth Visitor campaign at the
Sam Houston Statue. Councilmember Johnson urged attendance at Friday’s Chick-fil-A LeaderCast. Councilmember
Olson reminded everyone of the June SAAFE House Crawfish Boil. Kimm Thomas announced a special Oakwood
Cemetery Tour with Lee Murrah on Thursday evening at 5:30.
12. 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
551.071 - to receive legal update on obtaining easements from Cooper/Gardner for water line project on Highway
190. [Leonard Schneider, City Attorney]
The Mayor adjourned the Council into Executive Session at 7:22 p.m.
13. RECONVENE
Take action, if necessary, on items addressed during Executive Session.
Mayor Woodward reconvened the meeting at 8:11 p.m. The Council did not take any additional action.
14. ADJOURNMENT
Mayor Woodward adjourned the meeting at 8:11 pm.
Respectfully submitted,
Lee Woodward, City Secretary