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Minutes - 05/21/2013 ST MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21 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, Tish Humphrey, Ronald Allen, Clyde Loll COUNCILMEMBERS ABSENT: Joe Emmett OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ WORKSHOP [5:00PM] – Harnessing Huntsville’s Potential – presentation concerning work of stakeholder committee formed through Houston-Galveston Area Council (H-GAC) Case Study grant for “Housing as an Economic Development Tool in Huntsville, Texas: Nimbyism, Affordability, and Economic Development” [Dr. Sherry McKibben, Community Development Specialist.] Rebecca Leonard of Design Workshop discussed the study’s intention to focus on job creation, housing, and development in reference to Huntsville’s quality of life and work done by Franklin Associates and the citizen committee. She noted that the research showed about 58% of residents were renters and 24% of the workforce came from outside the county, providing opportunities to attract long-term residents, and also addressed the approximately 50% of land in the city limits was property tax- exempt. Ms. Leonard addressed the goals in areas such as Community, Economic, Environmental, and Aesthetic which were compiled and ranked by the several focus groups convened during the seventh-month project (below). She expressed a perceived importance of local quality of life issues as a way to protect a corporate investment. 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 – Councilmember Loll gave the invocation and local Girl Scout Elizabeth Carrell led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Proclamation for Public Works Week presented to Carol Reed, Public Works Director - Proclamation for Hurricane Preparedness Week presented to Fire Chief Tom Grisham - Public Information Strategy Presentation – Kristin Edwards, Deputy City Secretary - Presentation of audit report for FY11-12 from Pattillo, Brown, and Hill, LLP by Chris Prewitt 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 6:27 p.m. There was no public comment. Mayor Woodward closed the public hearing at 6:28 p.m. 5. PUBLIC COMMENT There was no public comment. 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 May 7, 2013. [Lee Woodward, City Secretary] b. Approve Ordinance 2013-23, amending the Huntsville Development Code, regarding Chapter 5, Lot Standards, adding Section 505.5 Planned Developments, allowing for additional development options and associated nd standards, 2 reading. [Aron Kulhavy, Director of Community and Economic Development] c. Approve the award of bid for the Safe Routes to School (SRTS) Project 09-01-01 (State CSJs 0917-27-038, 0917- nd 27-039, 0917-27-040, 0917-27-041 and 0917-27-042), 2 reading. [Aron Kulhavy, Director of Community and Economic Development] d. Approve awarding a one-year contract for water and wastewater supplies maintained in the City of Huntsville warehouse. [Billie Smith, Purchasing Manager] e. Approve Ordinance 2013-25 to amend the budget for FY 12-13. [Steve Ritter, Interim Finance Director] f. Approve the purchase of Hazmat equipment. [Dr. Sherry McKibben, Community Development Specialist] Councilmember Loll moved to approve Consent Agenda items a, d, e, and f and was seconded by Councilmember Montgomery. Councilmember Allen pulled items b and c. The motion passed unanimously, 8-0. Councilmember Johnson moved to approve the Consent Agenda and was seconded by Councilmember Humphrey. Councilmember Fitch said the City was in the process of having a company review the Development Code and said he would like to allow them, as the experts, to include that in their work and potential recommendations. He said he had been told there were no projects causing urgency in Council approval of the item. Councilmember Allen agreed. Councilmember Johnson asked the City Manager about the complete Code review and suggested it would not be appropriate to wait the full time needed for the process to be finished. Councilmember Humphrey asked Aron Kulhavy, Director of Community and Economic Development about the review, to which he replied that they would bring a draft at the end of the year and the Council would then go through the adoption process. She said she supported Councilmember Johnson’s view. Councilmember Olson recollected that the Council had asked staff to move forward in a workshop earlier in the year. The Mayor confirmed the Ordinance was an addition to the Code but did not change the Code and that a courtesy review had been done on the Ordinance. Mayor Woodward also confirmed developers had a choice as to whether to utilize the section. The motion passed, 6-2, Councilmembers Fitch and Allen voting against. Councilmember Olson moved to approve Consent Agenda items a, d, e, and f and was seconded by Councilmember Humphrey. Councilmember Allen asked that the minutes reflect that the shortfall on the Highway 190 sidewalk project talked about in previous work sessions was being covered in part by the budget amendment but for the most part with grant funds and funds budgeted in the capital project budget as far back as fiscal year 2009-10. The motion passed unanimously, 8-0. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve the Fiscal Year 2011-2012 audit as presented by Pattillo, Brown, & Hill, LLP. [Steve Ritter, Interim Finance Director] Councilmember Olson made a motion to approve the Fiscal Year 2011-2012 audit as presented by Pattillo, Brown, & Hill, LLP and was seconded by Councilmember Loll. Councilmember Montgomery asked about the Finance Department and Finance Committee’s comfort level with the report, to which Councilmember Olson noted it was merely a forensic audit and that the funds appeared healthy. Councilmember Allen expressed discomfort that the Finance Committee members were not permitted to review it prior to the meeting. Councilmember Montgomery moved the previous question and was seconded by Councilmember Olson. The motion passed unanimously, 8-0. The original motion passed unanimously, 8- 0. b. Presentation, discussion, and possible action to approve Ordinance 2013-24 creating a Municipal Setting Designation (MSD) located near the intersection of Avenue I and South Sam Houston Avenue, 1st reading. [Aron Kulhavy, Director of Community and Economic Development] The Mayor noted it was a first reading and a presentation by Kenneth S. Tramm, PhD, PG, CHMM, of Modern Geosciences proved information on the MSD process and the current evaluation of the site. c. Presentation, discussion, and possible action to authorize the City Manager to enter into a Participation Agreement with the Texas Department of Housing and Community Affairs (TDHCA). [Dr. Sherry McKibben, Community Development Specialist] Councilmember Johnson moved to authorize the City Manager to enter into a Participation Agreement with the Texas Department of Housing and Community Affairs (TDHCA) and was seconded by Councilmember Montgomery. The motion passed unanimously, 8-0. d. Presentation, discussion, and possible action to consider the purchase of software and maintenance of Heating Ventilation and Air Conditioning System (HVAC) for the Huntsville Public Library. [Linda Dodson, City Librarian] Councilmember Olson moved to authorize the purchase of software and maintenance of Heating Ventilation and Air Conditioning System (HVAC) for the Huntsville Public Library and was seconded by Councilmember Loll. The motion passed unanimously, 8-0. e. Presentation, discussion, and possible action to approve Ordinance 2013-27, updating the Employee Policy and Procedure Manual Section 9.05, Electronic Communications Policy and Section 10.10 Cellular Telephones Policy, st 1 reading. [Chris Vasquez, IT Director and Missy Davidson, Interim Human Resource Director] The Mayor noted it was a first reading. Chris Vasquez said the policy had not been significantly revised since 2006 and addressed the increase in social media. f. Presentation, discussion, and possible action to approve Ordinance 2013-26 denying Entergy’s proposed st modification to Schedule IS, 1 reading. [Leonard Schneider, City Attorney] The Mayor noted it was a first reading and that the Ordinance had been requested by Entergy to allow the proposal to proceed to the Public Utilities Commission. Councilmember Olson moved to waive the first reading and was seconded by Councilmember Johnson. The motion passed unanimously, 8-0. The Mayor moved to approve the Ordinance and was seconded by Councilmember Montgomery. The motion passed unanimously, 8-0. 8. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, and possible action to nominate City Manager Matt Benoit to the Walker County Public Safety Communications Center Executive Board. [Mayor Woodward] Mayor Woodward nominated City Manager Matt Benoit to the Walker County Public Safety Communications Center Executive Board. The motion passed unanimously, 8-0. b. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. City Engineer Yellambalsi Ramachandra presented on the current Old Colony Road project and Dr. McKibben and Billie Smith, Procurement Manager, gave information on using cooperative purchasing for the procurement of generators for wells. 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 reminded the Council that they would be serving at the Public Works luncheon Wednesday. Mr. Benoit let everyone know that only 193 more visitors were needed at the Statue to reach the millionth visitor. Linda Dodson, City Library announced the beginning of the Summer Reading Club and the adult Will Read for Chocolate program. Councilmember Loll said he daughter would be graduating from Alpha Omega Academy this coming Saturday. Councilmember Humphrey relayed the need for involvement in City boards and committees and asked the community to remember the number of events in town. 12. ADJOURNMENT Mayor Woodward adjourned the meeting at 7:56 pm. Respectfully submitted, Lee Woodward, City Secretary