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Minutes - 06/03/2014 RD MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3 DAY OF JUNE 2014, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 4:00 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, Andy Brauninger, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ WORKSHOP – Discussion of purchasing policy and expanding City Manager’s ability to amend the budget. \[Matt Benoit, City Manager\] MAIN SESSION \[6:00 P.M.\] 1. CALL TO ORDER – Mayor Woodward called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGES – Councilmember Humphrey gave an invocation and City of Huntsville Employment Scholarship recipients led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Presentation of City of Huntsville Employment Scholarship recipients 4. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (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 Workshop and Regular Session held on May 20, 2014. \[Lee Woodward, City Secretary\] b. Consider a request from the YMCA for a waiver of plumbing permit fees at 2906 Old Houston Road. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Olson moved to approve the consent agenda and was seconded by Councilmember Johnson. Councilmember Allen asked to pull item b. The motion passed unanimously. Councilmember Allen moved to approve a request from the YMCA for a waiver of plumbing permit fees at 2906 Old Houston Road and was seconded by Councilmember Montgomery. (Councilmember Emmett signed a Conflict of Interest form and did not participate in the vote item b.) 5. STATUTORY AGENDA a. Presentation, public comment, discussion, and possible action to award a contract for Construction Manager at Risk Services for the community safe room. \[Dr. Sherry McKibben, Neighborhood Services Director\] Councilmember Humphrey moved to award a contract for Construction Manager at Risk Services for the community safe room to Sedalco and was seconded by Councilmember Johnson. Councilmember Allen asked the City Manager to appoint a staff member to closely oversee the project due to its magnitude. The motion passed unanimously. b. Presentation, public comments, discussion, and possible action to consider authorizing the City Manager to enter into an agreement and lease with the Boys and Girls Club of Walker County for the Community Safe Room. \[Dr. Sherry McKibben, Neighborhood Services Director\] Councilmember Humphrey moved toauthorize the City Manager to enter into an agreement and lease with the Boys and Girls Club of Walker County for the Community Safe Room and was seconded by Councilmember Montgomery. The motion passed unanimously. c. Presentation, public comments, discussion, and possible action to approve the abandonment of a public drainage easement and public utility easement on Lot 3A of the Huntsville Retail Center Subdivision. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Montgomery moved to approve the abandonment of a public drainage easement and public utility easement on Lot 3A of the Huntsville Retail Center Subdivision and was seconded by Councilmember Humphrey. Aron Kulhavy, Director of Community and Economic Development, explained the map of the drainage and public utility easements in relation to prior and current project needs. The motion passed unanimously. d. FIRST READING - Presentation, public comments, discussion, and possible action to adopt Ordinance 2014-35 to revise the boundaries of TIRZ#1, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] Mr. Kulhavy confirmed the Mayor’s statement that the only change was to the boundaries of the TIRZ#1 and no other stipulations of the agreement. Councilmember Olson moved to suspend the rules requiring a second reading and was seconded by Councilmember Johnson. The motion passed, 7-2, Councilmembers Allen and Brauninger voting against. Councilmember Olson moved to adopt Ordinance 2014-35 to revise the boundaries of TIRZ#1 and was seconded by Councilmember Johnson. The motion passed, 7-2, Councilmembers Allen and Brauninger voting against. 6. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. Carol Reed, Director of Public Works, updated the Council on the progress of the Trinity River Authority project, noting it was 80% complete and that there had not been any change orders. 7. REQUESTS FOR CITIZEN PARTICIPATION a. Consider a request from Kendall Scudder for “presentation, discussion and possible action to amend Ordinance 2014-33 on the proposed City Council Rules of Procedure.” Kendall Scudder spoke in opposition to many of the changes in the public comments procedure but also lauded the City Council for adding the ability of citizens to place items on the agenda, and asked the Council to reinstate the two-minute comment section at the end of the agenda. Walter Boyd, Sr. suggested the Montgomery County Commissioners Court adopt the City Council’s procedures. 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.) Mayor Woodward made the following announcements: - Please make your nominations for the Walker County Big Tree Registry! Visit the Natural Preservation Ad Hoc Committee page on the City web site. - The Farmer’s Market has begun! Every Saturday morning on the east side of the Square. Support local growers! rd - The 3 annual Rita B. Huff Bow-Wow Band Jam fundraiser will be held Saturday, June 14, from 3-8 pm, at the Jane Monday Amphitheater, behind City Hall. Music, hot dogs, catfish, and cupcakes, co-sponsored by the American Legion, Sugar Skull Sweets, and the Texas Music Pickers Councilmember Montgomery reminded all of signing up for This Week in Huntsville, commended Deputy City Secretary Kristin Edwards for her work on it, and highlighted today’s Library’s birthday’s special issue. Councilmember Humphrey congratulated the SHSU baseball team and announced today is Mayor Woodward’s birthday. Councilmember Brauninger noted Councilmember Rodriquez, City Manager Matt Benoit, and Chief Kevin Lunsford made a fair showing at the Beautification Golf Tournament and that the event raised $2600. 10. EXECUTIVE SESSION Public Comments will be called for by the presiding officer before action is taken on these items. a. City Council will convene in closed session as authorized by Texas Government Code, Section 551.071– to receive legal advice concerning economic development negotiations on projects Snoopy and Falafel. \[Matt Benoit, City Manager, and Aron Kulhavy, Director of Community and Economic Development\] b. City Council will convene in closed session as authorized by Texas Government Code 551.071 - to receive legal advice on Cause Number 1426923, Jerry DeWitt, Beth Newton, Troy and Betty Pagoda, and AMBI Investments, LLC, A Texas Limited Liability Company vs. City of Huntsville. \[Leonard Schneider, City Attorney\] The Council adjourned into Executive Session at 7:14 p.m. 11. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. The Council reconvened at 8:50 p.m. No further action was taken. 12. ADJOURNMENT Mayor Woodward adjourned the meeting at 8:51 p.m. Respectfully submitted, Lee Woodward, City Secretary