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Minutes - 10/01/2013 1ST MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE DAY OF OCTOBER 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,Lydia Montgomery,Keith D. Olson,Don H.Johnson,Joe Emmett,Tish Humphrey,Ronald Allen, Clyde Loll t COUNCILMEMBERS ABSENT:None OFFICERS PRESENT:Matt Benoit,City Manager,Leonard Schneider,City Attorney,Lee Woodward,City Secretary e MAIN SESSION[6:00PM] 1. CALL TO ORDER 2. INVOCATION AND PLEDGES — Councilmember Loll gave an invocation and guest pledger Kylie Smith of AKAdemy Emerging Young Leaders led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS a. Proclamation 2014-07 for Fire Prevention Week b. Presentation on National Night Out[Kevin Lunsford,Director of Public Safety] 4. PUBLIC HEARING a. The City Council will receive public input on Ordinance 2013-46, to amend the City of Huntsville Development Code, adding a new chapter, Chapter 17, Historic Preservation. [Aron Kulhavy, Director of Community and Economic Development] Mayor Woodward opened the hearing at 5:10 p.m. The Mayor thanked George Russell for his assistance on this issue. Mr. Russell thanked the City for allowing him to help, acknowledged his years of work to preserve local homes and historic integrity in the community and promote tourism,and expressed his support. Charles Smither,Jr.said the minutes of the Planning and Zoning Commission meeting where this was discussed reflected his comments inaccurately, that he had no objections if the policy was entirely voluntary. He said the proposal does appear to allow the City to require a property to be included,with which he took exception if it were not only City property, and also that governance state agencies was not addressed but should be. Mr. Smither also requested a review of the terms and timelines to eliminate potential conflict and misunderstanding. Cheryl Spencer asked the Council to embrace this concept and thanked Mr. Smither for his attention to detail and Mr. Benoit for his support of partnerships. Councilmember Johnson said his understanding was that private property owners paid for any restoration, reconstruction,etc. Aron Kulhavy, Director of Community and Economic Development,confirmed this understanding. Councilmember Emmett asked about designated properties that fell into disrepair. Mr. Kulhavy said there were some minimum maintenance requirements in the proposed ordinance and that there was a process for removal of the designation for a property. Mr. Kulhavy noted the ordinance would be a part of the Development Code and did have provisions for fines and corrective actions. The Mayor closed the hearing at 5:29 p.m. 5. PUBLIC COMMENT a. Related to any City business not on the agenda—2 minutes per speaker b. Related to any matter on the agenda—5 minutes per speaker There were no comments. 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 September 17, 2013. [Lee Woodward, City Secretary] b. Adopt Ordinance 2013-45 to amend the Capital Improvement Projects budget. [Steve Ritter, Interim Finance Director] t c. Accept the award from the Department of Justice Bullet Proof Vest Program for $2,337.54. [Sherry McKibben, Neighborhood Resources Director] Councilmember Olson moved to approve the consent agenda and was seconded by Councilmember Montgomery. The ;1 motion passed unanimously. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action related to purchase of hardware and services for upgrades to the City's network infrastructure including warranty extensions on existing equipment.[Chris Vasquez,IT Director] Councilmember Humphrey moved to approve the purchase and was seconded by Councilmember Loll. The motion passed unanimously. i b. Presentation, discussion and possible action on annual purchase of PCs and servers which are due for replacement as per the FYI 3/14 computer replacement schedule.[Chris Vasquez,IT Director] ® Councilmember Johnson moved to approve the purchase and was seconded by Councilmember Montgomery. The motion passed unanimously. c. Presentation, discussion and possible action to approve an Inter-Local Agreement with Walker County,Texas for the cost participation in East Mosley Lane Reconstruction Project. [Aron Kulhavy, Director of Community and Economic Development] Councilmember Olson moved to approve the interlocal agreement and was seconded by Councilmember Johnson. The motion passed unanimously. d. Presentation, discussion, and possible action to adopt Ordinance 2013-46, to amend the City of Huntsville Development Code, adding a new chapter, Chapter 17, Historic Preservation, first reading. [Aron Kulhavy, Director of Community and Economic Development] Mayor Woodward pointed out options opened by passage of an historic preservation ordinance, such as increased value from adaptive reuse and designation as a Certified Local Government. He further noted there was no intent to take property from individuals and supported Mr. Smither's suggestion to take time in reviewing the provisions of the proposal. Councilmember Montgomery confirmed with Mr. Kulhavy that the process for a historic preservation designation could be started by a property owner or by the City Council, and Mr. Kulhavy then explained the steps and timing of the process for the Council. When asked, Mr. Kulhavy stated the most likely example of the Council taking action would be for a City- owned property but also allowed that a privately-owned property could be compelled into the process. Councilmember Montgomery asked about the demand on staff time and Mr. Kulhavy said the staff position to be split between this project and Main Street would be fully utilized. He also discussed the potential for grants and assistance for preservation. Councilmember Emmett asked if there was any possibility of a designated area, that properties would be considered singly. Mr. Kulhavy said this proposed ordinance did not cover areas, only individual projects. Councilmember Emmett asked if there were any code exceptions for these properties and Mr. Kulhavy said there only some minimal ones and agreed to get more information, noting there were no exceptions for"life safety issues." Councilmember Johnson asked about Economic Hardship Application Procedures and when it would apply. Mr. Kulhavy noted the section only applied when a historic designation was already in place and appropriate work on the home was beyond the ability of the owner to ® comply. Councilmember Johnson also addressed the section on criteria and asked about the "fluidity" of them. Mr. k Kulhavy said this was to have staff review and input without making them too difficult to meet. Councilmember Humphrey asked for and received clarification that the City would not be working on the grants discussed with Councilmember Montgomery. The Mayor encouraged the public to review the proposed ordinance. e. Presentation, discussion, and possible action to adopt Ordinance 2013-47, suspending the rate increase proposed by Entergy Texas, Inc.,first reading.[Leonard Schneider,City Attorney] Leonard Schneider, City Attorney noted Entergy has requested a base rate increase and that the Lawton Law Firm,which represents a group of cities of which Huntsville is a member, recommends denial of the application so that it will be considered by the Public Utilities Commission. Councilmember Olson moved to suspend the rules requiring two readings and was seconded by Councilmember Johnson The motion passed unanimously. Councilmember Olson moved to approve the ordinance 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 nominate Scotty Cherryholmes to the Hotel Occupancy Tax Board and Paul 011e to the Huntsville Arts Commission.[Mayor Woodward] Mayor Woodward moved to nominate Scotty Cherryholmes to the Hotel Occupancy Tax Board and Paul 011e to the Huntsville Arts Commission.The motion passed unanimously. b. City Manager's Report 1. Updates on City construction,grants,studies,City projects, City purchases,and economic development. Aron Kulhavy, Director of Community and Economic Development, gave an update on sidewalk and bike lane construction on Lake Road and Avenue J. Jeff Cannon of Schaumburg & Polk, Inc. answered a question from the Mayor, saying the City could go ahead with the sidewalk project now and then do the bike lanes later, having only to replace about twenty feet of sidewalk near the intersections. Councilmember Humphrey confirmed the road could not have both bike lanes and a center turn lane at its current width. Councilmember Olson asked for consideration of costs to do the work in phases and suggested a focus on the vehicular striping first. Councilmember Humphrey asked whether a center lane was more dangerous, considering the number of driveways on the road. Yellambalsi Ramachandra, City Engineer, said he guessed a two-lane road would be more appropriate but that it could be reviewed further. Matt Benoit, City Manager, formally appointed Steve Ritter as the Director of Finance. The Mayor thanked Mr. Ritter for his work on the budget and Councilmember Olson lauded Mr. Ritter's work with the Finance Committee. i, Carol Reed, Director of Public Works, announced the City was beginning a twenty-day free chlorination process to increase disinfection in the City's water supply. She said that there may be a slight taste to the water but that there would be no impact to its safety. 9. PUBLIC COMMENT a. Related to any City business—2 minutes per speaker ' George Russell gave examples of the longevity of concrete over asphalt. He also addressed a water main leak Saturday and its effects on sidewalks in the area. LTC Rob McCormick expressed displeasure over his Entergy bill, supported the i use of chlorinated water, and informed the community of the passing of a WWII veteran, POW, and Bataan Death March survivor Sgt.Virgil LaRue. 3 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 11. 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 Woodward announced the Alpha Omega Academy girls'volleyball team will play Covenant Christian School at Johnson Coliseum on Oct. 15 as part of their Dig Pink Rally to fight breast cancer,with doors opening at 6 pm and the game starting at 7:30. He said the City's first annual Halloween Haunted Hayride would be held on Oct. 26 beginning at 6 pm at Kate Barr Ross Park, noting children under 12 must have a parent or guardian present, and fire truck rides will be available for small children. I t The Mayor reminded all that Photo ID will be required in Texas beginning with the November 5h election and that information about this is available on the City web site and at City Hall, as well as on the County web site. He urged those with questions about voter registration to call 936-436-4959 or go by the Voter Registrar's office at the Walker County Annex on Sam Houston Avenue. Councilmember Humphrey noted the Council had challenged the City Secretary to make a presentation on her office and noted her appearances at several organizations locally. She said there would be an animation festival at Old Town Theatre on Saturday at 5 and 6 p.m. Councilmember Humphrey noted she and Councilmember Johnson had attended the Walker County Criminal Justice planning meeting this morning and found it supported local cooperation. She discussed SHSU's successful game last weekend and urged them on. 12. EXECUTIVE SESSION City Council will convene in closed session as authorized by Texas Government Code, Section 551.071— to receive legal advice on the administrative appeal by former Officer Chris Myers v. Huntsville Police Department filed with the State Office of Administrative Hearing on his separation of license report from the City. [Leonard Schneider,City Attorney] Mayor Woodward adjourned the Council into Executive Session at 6:43 p.m. The Council reconvened at 7:36 p.m. 13. RECONVENE Take action,if necessary,on items discussed during Executive Session. There was no action. 14. ADJOURNMENT Mayor Woodward adjourned the meetin at 7:36 Respecffully submitted, Lee Woodward,City Secre e :