Minutes - 07/07/2015
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7 DAY OF JULY 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 (arrived at 4:38 p.m.), Joe P. Rodriquez
COUNCILMEMBERS ABSENT: Joe Emmett
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary
WORKSHOP \[4:00 P.M.\] – The City Council will discuss the proposed updates to the City of Huntsville Development Code.
Aron Kulhavy, Director of Community and Economic Development, reviewed the proposed updates and discussed the decision
packages to be considered for inclusion.
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 Montgomery gave an invocation and Leighton Donnell from the Boys & Girls
Club led the pledges.
3. PUBLIC HEARING – The City Council will hear testimony on the adoption of the update to the Development Code of the
City of Huntsville. \[Aron Kulhavy, Director of Community and Economic Development\]
Mayor Woodward opened the hearing at 6:04 p.m. Charles Smither, Jr. urged additional review and revision of the document
before adoption. Mayor Woodward closed the hearing at 6:25 p.m.
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 meeting held on June 16, 2015. \[Lee Woodward, City Secretary\]
b. Consider authorizing the City Manager to enter into an agreement with McClure & Browne Engineering/Surveying,
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Inc. for professional engineering services for the 11 Street and Sam Houston Avenue Waterline Replacement
Projects - #12-11-01 and #12-11-03. \[Y. S. “Ram” Ramachandra, City Engineer\]
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c. Consider the award of bid for the construction of Waterline Replacement Projects (17 Street - Project #14-11-03;
Avenue R – Project #14-11-04; and Pine Valley - Project #14-11-05). \[Y. S. “Ram” Ramachandra, City Engineer\]
d. Consider the purchase of various sizes of water meters to be used by the Public Works Department Water Service
Division. \[Carol Reed, Director of Public Works\]
e. Consider authorizing the City Manager to sign an Engineering Agreement with Alan Plummer Associates, Inc. for a
surge protection design for the 30-inch water main – Project # 14-11-11. \[Y. S. “Ram” Ramachandra, City Engineer\]
Councilmember Montgomery moved to approve the consent agenda; the motion was seconded by Councilmember
Olson. Motion was adopted unanimously, 8-0.
5. STATUTORY AGENDA
a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2015-31, authorizing the 90-day suspension of the effective date proposed by Entergy Texas, Inc., in
connection with its rate increase application filed on June 12, 2015, first reading. \[Leonard Schneider, City
Attorney\]
Councilmember Olson moved to adopt Ordinance 2015-31, authorizing the 90-day suspension of the effective date
proposed by Entergy Texas, Inc., in connection with its rate increase application filed on June 12, 2015, with a single
reading per the provision of the City Charter Section 4.13; motion was seconded by Councilmember Johnson. Motion was
adopted unanimously, 8-0.
b. Presentation, public comment, discussion, and possible action to consider Decision Packages as recommended
by the Planning and Zoning Commission for items to be included in the Development Code update. \[Aron Kulhavy,
Director of Community and Economic Development\]
Billboards - Councilmember Olson moved to approve the Billboard Decision Package as recommended by the Planning
and Zoning Commission (Option 1, to prohibit billboard construction in the city limits and the ETJ); the motion was
seconded by Councilmember Rodriquez. Councilmember Olson moved to amend the motion to not include (i.e. not
prohibit) the I-45 corridor up to 500’; the amendment was seconded by Councilmember Humphrey.
It was confirmed that the motion was intended to be as measured on either side from the edge of the right-of-way as
clarified by Aron Kulhavy, Director of Community and Economic Development, while maintaining current restrictions around
the Sam Houston Statue.
Councilmember Olson moved to postpone the item to July 21 and refer it to staff for revision and was seconded by Council
member Montgomery. The motion was unanimously adopted, 8-0.
Historic Preservation - Mayor Woodward moved to approve the Historic Preservation Decision Package as amended to
read “allow for the property owner, or the HPC or the City Council to initiate request, subject to the approval of the property
owner”; the motion was seconded by Councilmember Brauninger. Councilmember Brauninger moved the Previous
Question. The motion failed for lack of a second and debate resumed on the original motion. The original motion was
adopted unanimously, 8-0.
Manufactured Homes Outside of Parks - (Councilmember Humphrey signed a Conflict of Interest affidavit and did not
participate in this portion of the item.) Councilmember Johnson moved to approve the Manufactured Homes Outside of
Parks Decision Package as recommended by the Planning and Zoning Commission (Option 2, to prohibit mobile homes
outside of mobile home parks and grandfather in current mobile homes); motion was seconded by Councilmember
Rodriquez. Motion was adopted 5-2, Mayor Woodward and Councilmember Allen voting against.
Manufactured Home Parks - (Councilmember Humphrey signed a Conflict of Interest affidavit and did not participate in this
portion of the item.) Councilmember Montgomery moved to approve the Manufactured Home Parks Decision Package as
recommended by the Planning and Zoning Commission (Option 1, for mobile home parks to be built in Management with
Conditional Use Permits); motion was seconded by Councilmember Olson. Motion was adopted unanimously, 7-0.
Member of P&Z in the ETJ - Councilmember Johnson moved to approve the Member of P&Z in the ETJ Decision Package
to require members of the Planning and Zoning Commission to live in the city limits (Option 2); the motion was seconded
by Councilmember Brauninger. Councilmember Humphrey moved to amend so that only one member be allowed to live in
the ETJ. The motion failed for lack of a second. Councilmember Olson moved to amend so that up to two members may
live in the ETJ; the motion was seconded by Councilmember Montgomery. The motion failed, 4-4, Councilmembers
Rodriquez, Johnson, Brauninger, and Allen voting against. The original motion was lost, 3-5, Mayor Woodward and
Councilmembers Johnson, Olson, Montgomery, and Humphrey voting against.
Mayor Woodward moved to accept the decision package as recommended by the Planning and Zoning Commission
(Option 1, to allow members to reside in the ETJ); the motion was seconded by Councilmember Olson. Councilmember
Olson moved to amend the motion to allow not more than two members live in the ETJ; the motion was seconded by
Councilmember Montgomery. The amendment was adopted 5-3, Councilmembers Allen, Brauninger, and Rodriquez
voting against. The original motion, as amended, was adopted 5-3, Councilmembers Allen, Brauninger, and Rodriquez
voting against.
Parkland Dedication - Councilmember Brauninger moved to approve the Parkland Dedication Decision Package as
recommended by the Planning and Zoning Commission (Option 2, to remove the section of the code that allows for a fee in
lieu of parkland dedication); the motion was seconded by Councilmember Johnson. The motion was adopted unanimously,
8-0.
Paved Parking - Councilmember Brauninger moved to approve the Paved Parking Decision Package as recommended by
the Planning and Zoning Commission (Option 1, to require all new parking lots to be paved); motion was seconded by
Councilmember Rodriquez. The motion was adopted unanimously.
Sidewalks - Councilmember Olson moved to approve the Sidewalks Decision Package as recommended by the Planning
and Zoning Commission (Options 1 to require sidewalks as identified by the Master Plan, 2 to require sidewalks on arterial
and collector streets, and 3 to require sidewalks on all but single-family residential projects); motion was seconded by
Councilmember Humphrey. The motion was adopted unanimously.
Sign Height - Councilmember Brauninger moved to approve the Sign Height Decision Package as recommended by the
Planning and Zoning Commission (Option 1, to leave the standard as it is); motion was seconded by Councilmember
Montgomery. Motion was adopted unanimously.
Sign Variances - Councilmember Humphrey moved to approve the Sign Variances Decision Package as recommended by
the Planning and Zoning Commission (Option 2a, to allow for variances and consideration by the Zoning Board of
Appeals); motion was seconded by Councilmember Montgomery. Councilmember Brauninger moved the Previous
Question. The motion failed for lack of a second. The main motion was adopted unanimously, 8-0.
Conventional House Construction - Councilmember Brauninger moved to approve the Skirting for Conventional House
Construction Decision Package as recommended by the Planning and Zoning Commission (Option 1, to require skirting for
pier and beam structures); the motion was seconded by Councilmember Johnson. Councilmember Olson moved to amend
to require skirting for all pier and beam or manufactured housing structures in place (i.e. no grandfathering) to be
completed within a 36-month period; the motion was seconded by Councilmember Johnson. (Councilmember Humphrey
signed a Conflict of Interest affidavit and did not participate in consideration of the amendment.) The motion was lost, 3-4,
Mayor Woodward and Councilmembers Allen, Brauninger, and Montgomery voting against the motion. The original motion
was unanimously adopted, 8-0.
Underground Utilities - Councilmember Humphrey moved to approve the Underground Utilities Decision Package as
recommended by the Planning and Zoning Commission (Option 2, to require underground utilities on new developments
except when the utilities on both sides are above ground; the motion was seconded by Councilmember Montgomery. The
motion was adopted unanimously, 8-0.
Subdivision Plat Approval - Councilmember Olson moved to postpone the Subdivision Plat Approval Decision
indefinitely, as the combined Council-P&Z Ad Hoc Committee had not reached a resolution; the motion was seconded by
Councilmember Montgomery. The amended motion was adopted unanimously, 8-0.
Electronic Message Centers - Councilmember Johnson moved to approve the Electronic Message Centers Decision
Package as recommended by the Planning and Zoning Commission (Options 3 to limit display area to 48 sq. ft., 4 to
regulate the brightness of the sign, and 5a to require a static time of five seconds per message,); motion was seconded by
Councilmember Olson. The motion was adopted unanimously, 8-0.
c. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of
Ordinance 2015-33, amending Chapter 24, Land Development, of the Code of Ordinances of the City of Huntsville,
Texas to adopt the updated Development Code of the City of Huntsville, Texas, first reading. \[Aron Kulhavy,
Director of Community and Economic Development\]
(First reading, no action.)
d. Presentation, public comment, discussion, and possible action to adopt Ordinance 2015-24, amending Chapter 12
- Buildings and Building Regulations, Section 12-27 Amendments to the International Property Maintenance Code,
of the Code of Ordinances of the City of Huntsville, second reading. \[Aron Kulhavy, Director of Community and
Economic Development\]
Councilmember Olson moved to adopt Ordinance 2015-24, amending Chapter 12 - Buildings and Building Regulations,
Section 12-27 Amendments to the International Property Maintenance Code, of the Code of Ordinances of the City of
Huntsville; motion was seconded by Councilmember Johnson.
Charles Smither, Jr. spoke of his concern about definitions of terms and enforcement of the ordinance. Mr. Kulhavy
expressed the desire of the department to have the ordinance as a tool to respond to complaints.
Motion was adopted unanimously, 8-0.
e. Presentation, public comment, discussion, and possible action to consider accepting $8,763,910.00 from the
Texas Department of Emergency Management (TDEM) and FEMA for the Town Creek Drainage Project Phase II,
with a match of $2,921,302.00, authorizing the Mayor and/or City Manager to sign all necessary documents related
to the grant, and adopting Ordinance 2015-32 amending the Town Creek Drainage Project budget. \[Dr. Sherry
McKibben, Director of Neighborhood Resources\]
Councilmember Olson moved to accept $8,763,910.00 from the Texas Department of Emergency Management (TDEM)
and FEMA for the Town Creek Drainage Project Phase II, with a match of $2,921,302.00, and authorize the Mayor and/or
City Manager to sign all necessary documents related to the grant, and adopt Ordinance 2015-32 amending the Town
Creek Drainage Project budget; motion was seconded by Councilmember Johnson. Councilmember Olson answered
Councilmember Allen’s questions to say that no sewer rate increases were anticipated and that reserves were expected to
refill as they had previously. City Manager Matt Benoit confirmed the balances remaining still met the Council’s reserve
requirements of twenty-five percent and anticipated no slowing of the CIP projects as a result of the budget amendment.
The Mayor noted there has never been a discussion to raise wastewater rates as a result of accepting the Town Creek
grant. The motion was adopted unanimously, 8-0.
6. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance
2015-28, amending the City of Huntsville City Council Rules of Procedure; making various other finds and
provisions related thereto; and declaring an effective date, first reading. \[Matt Benoit, City Manager\]
Councilmember Johnson moved to adopt Ordinance 2015-28, amending the City of Huntsville City Council Rules of
Procedure, requiring a written request of four Councilmembers to be inserted into Section 3.03 paragraph d, and
dispensing with a second reading with the affirmative vote of a two-thirds (2/3) majority of the Council qualified and serving,
as authorized by Section 4.12 of the City Charter; the motion was seconded by Councilmember Rodriquez.
Councilmember Brauninger spoke against the ordinance and the freedom of Councilmembers to individually place items on
the agenda. Councilmember Rodriquez agreed, particularly in the face of the opportunities for members of the public to
place items on the agenda. Councilmember Humphrey addressed her concerns on why the item even came about and
what activity it was designed to address. Councilmember Allen noted his opposition to a single reading. Councilmember
Johnson urged adherence to civility called for in the Rules of Procedure.
Councilmember Olson moved to Divide the Question. The motion to dispense with the second reading per the Charter
provision failed, 5-3, for lack of a 2/3 vote (six votes of members qualified and serving needed), Councilmembers Allen,
Brauninger, and Rodriquez voting against.
b. Presentation, public comment, discussion, and possible action to approve Addendum C to the City Manager’s
contract. \[Matt Benoit, City Manager\]
Mayor Woodward, upon the request of the City Manager, pulled this item to consider it at the same time as the second
reading of Ordinance 2015-28.
7. 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. Consideration and discussion on Citizen Participation Request from John Smither to discuss Town Creek
Restoration/Hike and Bike Trail.
John Smither spoke in support of daylighting Town Creek and having hike and bike trails along the waterway.
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.)
- The City is calling for photos for this year’s calendar. Please see the most recent issues of our digital newsletter This Week
in Huntsville, or contact us at 936-291-5403.
- Feel the Sting! Day will be August 28, 2015, the date of the Hornets’ first game this fall. Contact the Chamber of
Commerce at 295-8113 to order a flag for your home or business, or to fly downtown. Show your support of our school
district and its importance in our community!
- HISD is sponsoring a summer lunch program, which is free to children 18 and younger, and at a significantly reduced cost
to adults. Call 293-2681 for a list of times and locations.
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- Relay for Life of Walker County and SHSU will be holding a Bowl Over Cancer Bowling Tournament on August 1 at noon
at Huntsville Lanes. Call 577-1482 for more information.
- Huntsville Public Library and Walker County Genealogical Society (WCGS) will host the annual Frances Sprott Goforth
Memorial Genealogy Weekend on Friday, July 31 and Saturday, August 1, 2015 in the Library’s Community Room. Friday’s
session is from 8:30 a.m. to 8:00 p.m. and Saturday’s session is from 8:30 a.m. to 5 p.m. For more information or to
register online go to www.huntsvilletx.gov, or contact Mary Kokot, Adult Services Coordinator, at 936-291-5471.
- Congratulations to the Walker County Historical Commission on receiving a Distinguished Service Award from the Texas
Historical Commission for the sixth year in a row! The award acknowledges their stewardship of the state’s unique cultural
and historic sites.
- Congratulations to Spencer Copeland, who is now the Student Regent for the Texas State University System.
Councilmember Humphrey thanked Chris Vasquez, IT Director, for the great work on the new website.
10. EXECUTIVE SESSION
a. The City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.074 personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer or employee to discuss the position of the Municipal Court Prosecutor. \[Leonard
Schneider, City Attorney\]
The Mayor adjourned the Council into Executive Session at 9:33 p.m. Councilmember Olson suggested the City Attorney
have purview over this item.
11. RECONVENE
a. Take action, if necessary, on items addressed during Executive Session.
The Council reconvened at 9:58 p.m. Councilmember Olson moved to retain Haney, Moorman Paschal and authorized the
Mayor to sign the agreement for Municipal Court Prosecutorial services; the motion was seconded by Councilmember
Montgomery. The motion was unanimously adopted, 8-0.
12. ADJOURNMENT
Mayor Woodward adjourned the meeting at 9:59 p.m.
Lee Woodward, City Secretary