Minutes - 08/20/2013 (3) MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF AUGUST 2013, IN THE CITY
HALL,LOCATED AT1212 AVENUE 8x|0THE CITY OpHuNTSVLLE,COUNTY OF WALKER,TEXAS,AT4:30PM.
The Council met ma regular session with the following:
COUNCILMEMBERS PRESENT,Mac Woodward,Lydia Montgomery,Keith D.Olson,Don H.Johnson,Joe Emme�Tish Humphrey,Ronald Allen --
coumn/LMEMasRo ABSENT:Clyde Loll
OFFICERS PRESENT:Matt Benoit,City Manager,Leonard Schneider,City Attorney,Lee Woodward,City Secretary
WORKSHOP 14:30 PM]-The City Council will hear funding request presentations from non-profit organizations.
Representatives of the YK0CA. Boys and Girls C|ub, Roxi* Douglas Looming Institute, SAAFE House, City of Huntsville Arts
Commission, and Good Shepherd Mission provided information nn their requests.
MAIN SESSION[$:OOPN]
Y. CALL TO ORDER
2' INVOCATION AND PLEDGES —Counci| member Johnson gave an invocation and guest pledger Ranetta Haynes from the
Boys and Girls Club led the pledges.
3. PUBLIC COMMENT
8unuh Sv,ioegnod and Kriatino Hanooen spoke in opposition to removing the signs in item 5a. Tarek N\ea!uuC (oonor
Cound|momber Jack VVogamon. and Joe Brock spoke in support of the Qty's oo|e to Mr. N1oo\oufond thank the Council.
George Russell spoke supporting pedestrian uouoa and against Eme,gy policies,in reference to item 11.
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
member of Council.)
o. Approve the minutes mf the City Council Workshop and Regular Session held mmAugust 6`2N13.[Lee Woodward,
City Secretary)
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b. Adopt Ordinance 2013-35, creating m \mm� parking zone on University Avenue between 1�
�� and 16m Streets,
second reading.[Aron Kulhavy.Director mf Community and Economic Development]
c. Authorize the Director of Public Works to approve the renewal of Industrial Uoer(|W) Discharge Permit 0100 for
Gardner Glass Products, m��qpo���,m�mwm��a��w�-@�amo��mm�.�imw�pvofPuhUuvVm�a�
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Councilmember Olson moved to awrove the Consent Agenda and was seconded by Councilmember Johnson. The
motion passed unanimously,7-0.
6. STATUTORY AGENDA
e' Presentation, discussion, and possible action to consider adoption of Ordinance 2013-39 for removal of STOP
signs on Spring Drive at the intersection with Winter Way, first reading. (Aron Nu|hmvy. Director oyCommunity
and Economic Development)
Aron Ku|huvy. Director nfCommunity and Economic Development, said the Qty had received o request for review in
response to complaints about the stop signs being run. He said the City performed othorough engineering review and
rNonuo| on Uniform Traffic Control Devices (KoUTCD. from the Federal Highway Administration) guideline review and
found the signs did not meet warrants at the current volume of traffic and existing sight distances, and that therefore the
staff was recommending removal of the Mr. xu|hovy confirmed Cuumci!mamber'm question that the Council could
choose to leave the sign and the Mayor's note that stop signs were not professionally to be viewed oa traffic control
devices,even though they may act in that manner.
Counci|mamberJohnaun asked about the City's liability if unwarranted signs were left in plooa. City Manager Matt Benoit
said his experience had been that signs that did not meet warrants were habitually run and created ofa|me sense of
security. Councilmember Johnson asked if the staff could be tasked to consider yield signs or other solutions.
b. Presentation, discussion, and possible action to adopt Ordinance 201$-41. amending the City ofHuntsville,
Texas Code of Ordinances, specifically Chapter 32 "Offenses and uNimceXYmmewwm Provisions"; Section 32'23
"Unreasonably Loud Noises Prohibited"; providing form penalty; making other provisions and findings thereto:
and declaring an effective date,first reading.[Chief Kevin Lunsford,Director of Public Safety]
Counci|momber Olson requested removal of the prohibition on amplification if the decibel (ava|u were included.
Counci|mnmber Emmett and Chief Kevin Lunsfbnd. Director of Public Gofety, discussed concern about potential
harassment byacomplainant. |
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o. Presentation, discussion, and possible action ko approve the Huntsville Fire Station Number Two subdivision i"
the John W. Adams S (A'$2) Ymoa$*d at 2109 and 2257 Sam Houston Avenue. (Aron Nmlhavy, Director of
Community and Economic Development]
Councilmember Olson moved to approve the Huntsville Fire Station Number Two subdivision in the John W Adams
Survey (A-62) located at 2109 and 2257 Sam Houston Avenue, and was seconded by Councilmember Humphrey. The
® motion passed unanimously, 7-0.
d. Presentation, discussion, and possible action to authorize the City Manager to execute a shared access
easement agreement benefitting Lot 1 of the Huntsville Fire Station Number Two subdivision in the John W.
Adams Survey(A-62)located at 2109 and 2267 Sam Houston Avenue. [Aron Kulhavy, Director of Community and
Economic Development]
Councilmember Humphrey moved to authorize the City Manager to execute a shared access easement agreement
benefitting Lot 1 of the Huntsville Fire Station Number Two subdivision in the John W. Adams Survey (A-62) located at
2109 and 2257 Sam Houston Avenue, and was seconded by Councilmember Olson.
City Attorney Leonard Schneider noted the easement was not permanent and that there were conditions that would
terminate access. Councilmember Emmett expressed concern about the easement in relation to the Unrestricted
Reserve.
The motion passed unanimously, 7-0.
e. Presentation, discussion, and possible action to approve the Amendment to Agreement Regarding Service Area
and First Amendment to Settlement and Service Agreement between the City and the Walker County Special
Utility District(WCSUD)to extend the Agreement's termination date from August 30, 2013 to December 31, 2013.
[Carol Reed,Director of Public Works]
Councilmember Johnson moved to approve the Amendment to Agreement Regarding Service Area and First Amendment
to Settlement and Service Agreement between the City and the Walker County Special Utility District(WCSUD)to extend
the Agreement's termination date from August 30, 2013 to December 31, 2013, and was seconded by Councilmember
Olson.The motion passed unanimously. 7-0.
f. Presentation, discussion, and possible action to adopt Resolution 2013-17 eliminating certain benefits, setting
premiums, in-network deductibles, prescription deductibles, and in-network office visit co-pays for the City Of
Huntsville Medical Insurance Fund, establishing an effective date for these changes and authorizing additional
plan design changes under certain circumstances. [Matt Benoit,City Manager]
® (Councilmember Allen signed a Conflict of Interest form and did not participate in this discussion or vote.) Councilmember
Humphrey moved to adopt Resolution 2013-17 and was seconded by Councilmember Montgomery. Mayor Woodward
moved to amend the Resolution by striking Section 8 and was seconded by Councilmember Montgomery. The
amendment to the Resolution was unanimously approved, 6-0. The Resolution, as amended, was adopted unanimously,
6-0.
6. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. Presentation, discussion, and possible action to adopt Ordinance 2013-38 calling a special election for the
purpose of voting on the adoption or rejection of proposed amendments to the existing City Charter.[Mayor
Woodward]
Councilmember Johnson moved to approve Ordinance 2013-38, and was seconded by Councilmember Olson. The
motion passed unanimously, 7-0.
b. Presentation, discussion, and possible action to approve the 2013 Joint Election Agreement and Election
Services Contract with Walker County for the 2013 election cycle.[Lee Woodward,City Secretary]
Councilmember Humphrey moved to approve the 2013 Joint Election Agreement and Election Services Contract with
Walker County for the 2013 election cycle, and was seconded by Councilmember Montgomery. The motion passed
unanimously, 7-0.
c. Presentation,discussion, and possible action to approve nominations for City boards,committees,and
commissions.[Mayor Woodward]
Huntsville Cemetery Advisory Board-Bernice Coleman,Candyce Dixon,Dennis Reed
Hotel Occupancy Tax Board-Ann Hodges, Dalene Zender
Parks&Recreation Advisory Board-Ray Black
Tax Increment Reinvestment Zone#1 Board of Directors-Sam Dominey
Zoning Board of Adiustments-Tina Felder,Nate Grigsby,Matt Hannes,Mari Montgomery
Mayor Woodward moved to approve his nominees(above).The motion passed unanimously, 7-0.
d. Presentation,discussion,and possible action to adopt Ordinance 2013-37 amending Ordinance 2011-47 to
redistrict the City's wards,first reading.[Mayor Woodward]
No action was taken.
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e. City Manager's Report e'
1. Presentation on City Manager's recommended fiscal year 2013-14 budget.
Steve Ritter, Interim Finance Director, gave a summary of changes to the City Manager's FY13-14 Recommended
Budget since July's presentation. Matt Lumpkins, Director of Parks and Leisure,discussed a bid on improvements at
Kate Barr Ross Park.
7. PUBLIC COMMENT f
There were no public comments. g
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.)
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The Mayor reminded the public to sign up for This Week in Huntsville and about the need for photo ID at the upcoming
election. Carol Reed, Director of Public Works, confirmed the City was still in Stage 1 with voluntary restrictions.
Councilmember Humphrey encouraged citizens to sign up for This Week in Huntsville, and noted the increased public
participation in Council items and supporting each other and local business.
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10. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, 551.071 — consultation
with counsel on legal matters pertaining to attorney/client privilege involving written communications. [Mayor
Woodward]
Mayor Woodward adjourned the Council into Executive Session at 8:04 p.m. The Council reconvened at 8:27 p.m.
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11. RECONVENE
a. Presentation,discussion,and possible action to authorize the waiver of attorney/client privilege on memorandum
dated March 7,2013,on tree trimming by the City Attorney.[Mayor Woodward]
Mayor Woodward announced a citizen had called him and the City Manager and asked if the City had a legal or fiduciary
responsibility to control Entergy's tree-cutting policies. The Mayor said he had asked the City Attorney for an opinion and
received an Attorney-Client privileged email in response. In discussion, the Mayor added he had contacted Entergy
representative Stan Foley,who had a contractor visit with the citizen, noting that they successfully worked together on the
cutting of trees.
Mayor Woodward moved that the Council allow the release of the email and was seconded by Councilmember Allen. The A;
motion was unanimously approved, 7-0.
b. Take action,if necessary, on items addressed during Executive Session. £
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12. ADJOURNMENT I'
Mayor Woodward adiourped the meetin at 8:30 orn.
Respectfully submitted,
L e W dward,City Secr ay
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