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Minutes - 08/07/2018 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 7 th DAY OF AUGUST 2018, 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: Andy Brauninger, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez, Paul Davidhizar, Tyler McCaffety (arrived at 5:07 p.m.), Clyde D. Loll COUNCILMEMBERS ABSENT: Keith D. Olson OFFICERS PRESENT: Aron Kulhavy, City Manager; Lee Woodward, City Secretary; Leonard Schneider, City Attorney WORK SESSION \[5:00 p.m.\] - The City Council will hear and discuss public safety staffing and review the Capital Improvement Program (CIP) budget. Director of Public Safety Police Chief Kevin Lunsford provided an update on HPD staffing per the City Council’s 2018 Strategic Plan directive. City Manager Aron Kulhavy and City Engineer Ram Ramachandra discussed the CIP schedule and proposed projects. MAIN SESSION \[6:00 p.m.\] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Loll gave the invocation and Emmett Spence led the pledges. 1. 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 July 17. \[Lee Woodward, City Secretary\] b. Authorize the City Manager to enter into a contract for the construction of the 2016 Bond Proposition 3 - Elkins Lake Dam Lift Station Relocation Project, Project No. 17-11-09, second reading. \[Y. S. Ram Ramachandra, City Engineer\] c. Authorize the City Manager to enter into a contract for the construction of the Sanitary Sewer Line Replacement (IH-45 to Water's Edge Lift Station) Project, Project No. 16-10-05, second reading. \[Y. S. Ram Ramachandra, City Engineer\] d. Authorize the City Manager to enter into a contract for the Street Rehabilitation Projects, Project Nos. 17-10-05 through 17-10-07, second reading. \[Y. S. Ram Ramachandra, City Engineer\] e. Authorize the City Manager to apply for the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, enter into an interlocal agreement with Walker County, and adopt Resolution 2018-17 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] f. Adopt Ordinance 2018-30 to amend the budget for FY 17-18. \[Steve Ritter, Finance Director\] g. Authorize the City Manager to enter into an agreement with RPS (formerly Klotz Associates) for professional engineering services for IH-45 Segment 2A Utility Relocation Design Project #18-03-01 and adopt Ordinance 2018- 31 for the associated budget amendment. \[Y. S. Ram Ramachandra, City Engineer\] The City Manager pulled item 1c to the next meeting’s agenda. Councilmember Humphrey moved to approve the consent agenda; the motion was seconded by Councilmember McCaffety. The motion for items 1a & b and 1d-g, included approval in 1a to authorize the City Manager to award a construction contract to Wharton-Smith, Inc., in the amount of $3,449,820, for the construction of 2016 Bond Proposition 3 – Elkins Lake Dam Lift Station Replacement Project, Project No. 17-11-09, and in 1d to authorize the City Manager to award a construction contract to Hayden Paving, Inc. in the amount of $1,786,814.98 for Street Rehabilitation Project (along Martin Luther King, Jr. Boulevard, Normal Park Drive, and Bearkat Boulevard) - Project Nos. 17-10-05, was adopted, 8-0. 2. STATUTORY AGENDA a. Presentation, discussion, public comment, and possible action to consider adopting Ordinance 2018-27 to change the Development District Classification of a portion of Block 7 of the G. A. White Subdivision from Neighborhood Conservation to Management, second reading. \[Janet Ridley, City Planner\] Councilmember McCaffety previously signed a Conflict of Interest affidavit and did not participate in the discussion or vote. Councilmember Rodriquez moved to adopt Ordinance 2018-27, to change the Development District Classification of a portion of Block 7 of the G. A. White Subdivision from Neighborhood Conservation to Management, as recommended by the Planning Commission; the motion was seconded by Councilmember Loll. Michael Huff, Scott Hornung, Dalene Zender, Steve Covington, Jimmy Henry, Micah Slaughter, Kelsey Christian, Tim Davis, and Sarah Hollis Murray offered public comment. The motion was adopted, 6-1, Councilmember Allen voting against. b. Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to apply for Hazard Mitigation Grant Program (HMGP) funding, designating the City Manager as the City’s Authorized Representative, and adopting Resolution 2018-16 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] Councilmember Davidhizar moved to authorize the City Manager to apply for Hazard Mitigation Grant Program (HMGP) funding, designate the City Manager as the City’s Authorized Representative, and adopt Resolution 2018-16 in support of same; the motion was seconded by Councilmember Loll. The motion was adopted, 8-0. c. Presentation, discussion, public comment, and possible action to consider selection of items to be included in the ordinance calling the November 6, 2018, Charter amendment special election. \[Lee Woodward, City Secretary\] Councilmember Loll moved to include the recommended Charter amendment concerning City Council appointments for a vacancy on the Council in the ordinance calling the November 6, 2018, Charter amendment special election; the motion was seconded by Councilmember Humphrey. The motion was adopted, 6-2, Councilmembers Allen and Rodriquez voting against. d. Presentation, discussion, public comment, and possible action to consider adopting Ordinance 2018-28 calling the November 6, 2018, Charter amendment special election. \[Lee Woodward, City Secretary\] Councilmember Davidhizar moved to adopt Ordinance 2018-28 calling the November 6, 2018, Charter amendment special election; the motion was seconded by Councilmember Rodriquez. The motion was adopted, 8-0. 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, discussion, public comment, and possible action to consider approving nominees for City boards, committees, and commissions. \[Mayor Brauninger\] Mayor Brauninger moved his nominations (below). The motion was adopted 8-0, Huntsville Arts Commission Paul Olle – reappointment Parks & Recreation Advisory Board Jaspyr Sanford – reappointment Kody Waters – initial appointment Dee Howard Mullins – initial appointment TIRZ #1 Board of Directors (City appointments) Historic Preservation Commission Barry Shoemake - reappointment Tom Rogers – reappointment Weslie Gray - reappointment City of Huntsville, Texas Veterans Affairs Advisory Board Ethan Eichhorst – initial appointment Terry Batson – initial appointment Doug Shaw – initial appointment Hotel Occupancy Tax Board Sam Donnell – initial appointment Walker County Public Safety Communication Center Board Huntsville Housing Authority Jeff Dugas, HPD – staff reappointment Sally Dowis – initial appointment Zoning Board of Adjustments (ZBA) Huntsville Main Street Advisory Board David Zuniga – reappointment (moving from Alternate A to Sandra Gray – reappointment regular position) Huntsville Public Library Board Anthony Watkins – reappointment (moving from Alternate B James Anderson – reappointment to Alternate A) Gwen Hardy - reappointment Lee Miller – initial appointment (Alternate B) Stephanie Johnson-Jenkins – initial appointment b. Presentation, public comment, discussion, and possible action to consider approval to announce the City Council’s intention to adopt a maximum property tax rate of $0.3666 per $100 valuation for the City’s 2018–2019 Fiscal Year (Tax Year 2018), roll call vote. Councilmember Davidhizar moved to approve announcing the City Council’s intention to adopt a maximum property tax rate of $0.3666 per $100 valuation for the City’s 2018–2019 Fiscal Year (Tax Year 2018); the motion was seconded by Councilmember Humphrey. The motion was adopted, 7-1, Councilmember Allen voting against. c. Presentation, discussion, public comment, and possible action to consider requiring residential builders in the city of Huntsville to submit a detailed drainage plan for a residential construction permit if certain criteria are met, i.e., the proposed structure to be constructed if within 50 feet of another property or the finished floor elevation for the lot being developed is five feet above an adjacent lot – motion postponed from the July 17, 2018, City Council meeting. From the July 17, 2018, meeting: Councilmember Rodriquez moved to require residential builders in the city of Huntsville to submit a detailed drainage plan for a residential construction permit if certain criteria are met, i.e., the proposed structure to be constructed if within 50 feet of another property or the finished floor elevation for the lot being developed is five feet above an adjacent lot; the motion was seconded by Councilmember Humphrey. Without objection, Councilmember Rodriquez was permitted to withdraw the motion. 4. 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. No requests were received by noon on Tuesday, July 31, 2018. 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no inquiries. 6. 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 Brauninger announced that candidate packets are available at City Hall or online for the November 6, 2018, election and noted the deadline to file is 5 p.m. Monday, August 20. The Mayor also talked about new openings around town, including The Armory, Aldi, and Salon ADK and expansions at Wal-Mart, the Sam Houston Statue Visitor Center, Brookshire Brothers and Carbonero. Councilmember Rodriguez lauded the inclusion of City Manager Aron Kulhavy and City Planner Janet Ridley in Planning magazine. The article discussed how small towns work on solution to keep businesses and shopping revenue in their communities. Councilmember Humphrey encouraged residents to “accentuate the positive!” by emailing her good news about the community at THumphrey@HuntsvilleTX.gov. In that spirit, she shared information about the City’s Solid Waste Services providing free large dumpsters for residential community-wide cleanup efforts August 20-25. She also displayed a bracelet made from ocean waste. Councilmember Loll invited residents to wrap up their summer with Ice Cream and Cookies on the Square from 11 a.m. to 2 p.m. Saturday, August 25. Main Street will host the free, family event in downtown Huntsville. Councilmember Allen encouraged all to attend the Back to School Flick and Float, featuring Despicable Me 3 and taking place at 9 p.m. Friday, August 10, at the Frank D. “Poncho” Roberts Aquatics Center. Councilmember McCaffety told guests about the grand opening of the William H. Hodges Education Building that was held July 20. The new facility is now accepting rentals in the evenings and on weekends. The Mayor said he would be reading a book about the Sam Houston chickens at the Visitor Center back to school bash on Thursday and welcomed the new HHS 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Attorney Leonard Schneider. The Council adjourned to Executive Session at 7:31 p.m. 8. RECONVENE a. Take action on Executive Session items, if necessary. The Council reconvened at 7:31 p.m. Councilmember Loll moved to approve a new agreement for legal services with Leonard Schneider and LilesParker; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 8- 0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:41 p.m. Lee Woodward, City Secretary