Minutes - 04/07/2015
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7 DAY OF APRIL 2015, IN THE CITY HALL,
LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
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_____________________________
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 Don Johnson gave an invocation and Britton Bennett of the YMCA led the
pledges.
3. PRESENTATIONS AND PROCLAMATIONS
- Proclamation for Autism Awareness Month
- Proclamation for Safe Digging Month
- Presentation by Kevin Smith on local Boy Scout activities – The Mayor noted the event had been postponed until October
due to weather.
4. PUBLIC HEARING
The City Council will take comments on adopting proposed Ordinance 2015-17 to amend Chapter 2, Development,
Division and Use; Permits Required for Development, Division and use; Certificates of Compliance and Occupancy;
Platting Requirements, Penalties and Enforcement, Section 211, Major Plats: Subdivision Review and Approval
Process; Chapter 8 Water Facilities, Section 804 Alternative Potable Water Facilities; and Chapter 9, Sanitary
Sewerage Facilities, Section 904, Alternative Sewage Treatment Facilities of the Development Code of the City of
Huntsville, Texas concerning City Council approval of preliminary plats. \[Aron Kulhavy, Director of Community and
Economic Development\]
Mayor Woodward opened the hearing at 6:08 p.m. Charles Smither, Jr. asked the Council delay approval of the ordinance and
allow the workgroup to meet. Planning and Zoning (P&Z) Commission Chair Eric Johnston spoke in opposition to the
Ordinance and suggested a Councilmember be placed as a liaison to P&Z. Mayor Woodward closed the hearing at 6:13 p.m.
5. 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 meeting held on March 17, 2015. \[Lee Woodward, City Secretary\]
b. Approve the nomination of Pattillo, Brown, & Hill, LLP as the Certified Public Accountant for the City for FY 2014-
15 auditing and reporting. \[Mayor Woodward\]
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c. Consider the abandonment of a sanitary Sewer Easement on the Holbrook property located at 1820 16 Street.
\[Y.S. Ram Ramachandra, City Engineer\]
d. Consider purchase of various automotive replacement parts and equipment used in repair of City fleet assets.
\[Steve Ritter, Director of Finance\]
e. Consider rejection of all bids for Avenue Q Area Sanitary Sewer Replacement Project Construction (Project #10-
10-24). \[Y. S. Ram Ramachandra, City Engineer\]
The Mayor noted item c had been removed from consideration. Councilmember Montgomery moved to approve the
consent agenda; the motion was seconded by Councilmember Olson. The motion was adopted unanimously, 9-0.
6. STATUTORY AGENDA
a. Presentation, public comment, discussion, and possible action to consider a Utility Extension Request from Siraj
Jack Ali for sanitary sewer service to the property located at 104 U.S. Highway 190 East. \[Aron Kulhavy, Director
of Community and Economic Development\]
Councilmember Humphrey moved to approve a Utility Extension Request from Siraj Jack Ali for sanitary sewer service to
the property located at 104 U.S. Highway 190 East; the motion was seconded by Councilmember Montgomery. The
motion was adopted unanimously, 9-0.
b. FIRST READING - Presentation, public comment, discussion, and possible action to adopt Ordinance 2015-17 to
amend Chapter 2, Development, Division and Use; Permits Required for Development, Division and use;
Certificates of Compliance and Occupancy; Platting Requirements, Penalties and Enforcement, Section 211,
Major Plats: Subdivision Review and Approval Process; Chapter 8 Water Facilities, Section 804 Alternative
Potable Water Facilities; and Chapter 9, Sanitary Sewerage Facilities, Section 904, Alternative Sewage Treatment
Facilities of the Development Code of the City of Huntsville, Texas concerning City Council approval of
preliminary plats. \[Aron Kulhavy, Director of Community and Economic Development\]
First reading, no action taken. Mayor Woodward announced he intended to appoint a committee consisting of three
Councilmembers and three Planning & Zoning Commission members to reach a solution. Councilmember Allen
expressed his displeasure with prior P&Z action. Councilmember Montgomery moved a Point of Order. Councilmember
Olson gave his support of the Commissioners’ efforts and his concerns with the Grand Ranch project. Councilmember
Montgomery moved a Point of Order. Councilmember Humphrey asked the discussion be focused on issues in the
extraterritorial jurisdiction (ETJ) and the size of subdivisions to be considered for Council review.
7. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. Presentation, public comment, discussion, and possible action on nominations for a Development Code
workgroup. \[Mayor Woodward\]
Mayor Woodward moved his nominations for a Development Code workgroup – Mayor Woodward, and Councilmembers
Joe Emmett and Joe Rodriquez, and Commissioners Eric Johnston, Marilyn Soffar, and David Anderson The motion was
adopted unanimously, 9-0.
b. Presentation, public comment, discussion, and possible action to consider a request from Councilmember
Johnson for the City Council to consider removal of the stop signs on Spring Drive at the intersection of Winter
Way by adopting Ordinance 2015-17, second reading. \[Councilmember Johnson\]
Councilmember Johnson moved to remove the stop signs on Spring Drive at the intersection of Winter Way by adopting
Ordinance 2015-17; the motion was seconded by Councilmember Allen. Councilmember Johnson displayed a map
showing compliance and noncompliance locations with the Manual on Uniform Traffic Control Devices. Councilmember
Brauninger moved the item be postponed until the second Council meeting in July 2015 to gather citizen input, the motion
was seconded by Councilmember Rodriquez. The motion to postpone was lost 2-7, Councilmembers Brauninger and
Rodriquez voting in support. The main motion was adopted, 6-3, Councilmembers Montgomery, Brauninger, and
Rodriquez voting against.
c. Presentation, public comment, and discussion to consider a request from Councilmember Allen for City Council
review of the proposed agreement with PGAL Architects to complete a building assessment/feasibility study for
an additional education/visitor facility at the Sam Houston Statue Visitor Center. \[Kimm Thomas, Director of
Tourism and Cultural Services\]
Councilmember Allen read a prepared statement asking for a public discussion of the proposed project. City Manager
Matt Benoit noted the needs assessment’s inclusion in the Strategic Plan and adopted budget, recognized the staff had
followed appropriate measures, that the contract had come in under budget, and that signing the contract met the City’s
financial guidelines.
d. Presentation, public comment, and discussion from Councilmember Allen on issue of water running through
1526 Pine Street. \[Councilmember Allen\]
Councilmember Allen asked City Engineer Ram Ramachandra about a culvert diverting water across private property.
The Mayor suggested staff review the issue and determine if it was indeed a City responsibility and discuss it again in two
weeks. Councilmember Rodriquez urged caution in setting precedent for handling drainage issues on private property.
Mr. Ramachandra said his estimate was roughly $8,000-10,000 to divert the flow down Pine Street and off the lot.
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e. Presentation, public comment, and discussion from Councilmember Allen on driveway issue at 917 9 Street.
\[Councilmember Allen\]
Councilmember Allen asked for the federal American with Disabilities Act (ADA)-compliance requirement to take to the
property owner. Councilmember Humphrey noted the Councilmembers had been encouraged to deal primarily with the
City Manager and tonight’s meeting had shown improper placement of items on the agenda.
f. City Manager’s Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
There was no report.
g. Presentation, public comment, discussion, and possible action to approve a contract with the City Secretary.
\[Mayor Woodward\]
Mayor Woodward asked to move this item to item 11 and to convene then in Executive Session under 551.074, which
was permitted without objection.
8. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be
taken.
a. Consider request by Charles Smither, Jr. for presentation and discussion of the draft environmental assessment
– Town Creek Project – and the financial and environmental effects of the proposed project.
The Mayor first permitted P&Z Chairman Eric Johnston to speak briefly to earlier discussion of the Development Code
issues. Charles Smither, Jr. expressed his concerns of the draft environmental assessment for the Town Creek project
and its feasibility and desirability, urging the public to review the document.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
10. 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 presented the following items:
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The Senior Center is hosting a 42 Dominoes fundraiser on April 25. Please call 295-6151 for more information.
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Huntsville Public Library & the SHSU will present a free Citizenship Preparation Course on Thursdays in April. Please
contact Mary Kokot at 291-5912 for more information.
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The Main Street office is hosting the Huntsville Music Festival every Thursday in April at Rather Park downtown. See
the City website and Main Street Facebook page for updated performers and vendors each week.
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The Walker County Fair continues through Saturday.
11. EXECUTIVE SESSION
a. The City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.071 – consultation with counsel on legal matters, to receive legal advice on Billingsley vs. the City of Huntsville.
\[Leonard Schneider, City Attorney\]
The Mayor adjourned the Council into Executive Session at 7:47 p.m., for both items 7g and 11a.
12. RECONVENE
a. Take action, if necessary, on items handled in Executive Session.
The Council reconvened at 8:17 p.m. Councilmember Olson moved to accept the contract brought forth for the City
Secretary; the motion was seconded by Councilmember Humphrey. The motion was adopted, 8-1, Councilmember Allen
voting against.
13. ADJOURNMENT
Mayor Woodward adjourned the meeting at 8:18 p.m.
Lee Woodward, City Secretary