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Minutes - 09/20/2016 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 20 DAY OF SEPTEMBER 2016, IN THE CITY th 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, Paul Davidhizar, Don H. Johnson, Ronald Allen, Joe P. Rodriquez, Tish Humphrey, Keith Olson, Joe Emmett COUNCILMEMBERS ABSENT: Lydia Montgomery 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 Brauninger called the meeting to order at 6:00 p.m. 2.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 Humphrey gave an invocation and members of the Pack 98 Webelo Den led the pledges. 3.PRESENTATIONS AND PROCLAMATIONS - Officer Ryann Kaaa on National Night Out events 4.PUBLIC HEARINGS The City Council will hold a public hearing to receive citizen input regarding the Fiscal Year 2016-2017 Annual Budget. a. \[Steve Ritter, Finance Director\] Mayor Brauninger opened the public hearing at 6:04 p.m. No one spoke on the item. The hearing was closed at 6:05 p.m. The City Council will hold a public hearing to receive citizen input regarding the adoption of Ordinance 2016-42, b. amending Chapter 12, Building and Building Regulations, Article V, Electricity, of the Code of Ordinance of the City of Huntsville, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] Mayor Brauninger opened the public hearing at 6:05 p.m. No one spoke on the item. The hearing was closed at 6:05 p.m. The City Council will hold a public hearing to receive citizen input regarding the adopting of Ordinance 2016-43, c. amending Chapter 12 Buildings and Building Regulations, Article II, Building Codes, of the Code of Ordinance of the City of Huntsville, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] Mayor Brauninger opened the public hearing at 6:06 p.m. No one spoke on the item. The hearing was closed at 6:06 p.m. The City Council will hold a public hearing to receive citizen input regarding the adoption of Ordinance 2016-44, d. amending Section 8.600 Dynamic Displays in the Development Code of the City of Huntsville and setting an effective date. \[Aron Kulhavy, Director of Community and Economic Development\] Mayor Brauninger opened the public hearing at 6:06 p.m. No one spoke on the item. The hearing was closed at 6:07 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 September 6, 2016. \[Lee Woodward, City Secretary\] b. Approve the TIRZ 2015 Annual Report. \[Steve Ritter, Finance Director\] c. Authorize the City Manager to accept funding from the Department of Justice Bullet Proof Vest Program for $3,150.00 of grant funds with a match of $3,150.00. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] d. Authorize the City Manager to award the construction contract for 11 th Street (University Avenue to Avenue G) Waterline Replacement Project (No. 12-11-02) to 5-T Utilities, Inc., second reading. \[Y.S. “Ram” Ramachandra, City Engineer\] Councilmember Johnson moved to adopt the consent agenda; the motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 8-0. 6.STATUTORY AGENDA a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2016-42, amending Chapter 12, Building and Building Regulations, Article V, Electricity, of the Code of Ordinances of the City of Huntsville, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] Mayor Pro Tem Olson moved to waive the second reading per the Charter provision and adopt Ordinance 2016-42, amending Chapter 12, Building and Building Regulations, Article V, Electricity, of the Code of Ordinances of the City of Huntsville; the motion was seconded by Councilmember Davidhizar. Councilmember Emmett requested the Council wait for the second reading. Mayor Pro Tem Olson asked to withdraw the motion and there was no objection to doing so. b. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2016-43, amending Chapter 12 Buildings and Building Regulations, Article II, Building Codes, of the Code of Ordinances of the City of Huntsville, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] Mayor Pro Tem Olson moved to waive the second reading per the Charter provision and adopt Ordinance 2016-43, amending Chapter 12 Buildings and Building Regulations, Article II, Building Codes, of the Code of Ordinances of the City of Huntsville; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 7-1, Councilmember Emmett voting against. c. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2016-44, amending Section 8.600 Dynamic Displays in the Development Code of the City of Huntsville and setting an effective date, first reading. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Humphrey moved to waive the second reading per the Charter provision and adopt Ordinance 2016-44, amending Section 8.600 Dynamic Displays in the Development Code of the City of Huntsville and setting an effective date of October 1; the motion was seconded by Councilmember Rodriquez. The motion was adopted, 7-1, Councilmember Emmett voting against. 7.MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, public comment, and possible action to move to adopt Ordinance 2016-40 adopting the Fiscal Year 2016-2017 Budget, with all policies, fees, rates, and provisions as referenced therein (record vote). \[Steve Ritter, Finance Director\] Councilmember Johnson moved to adopt Ordinance 2016-40 to adopt the Fiscal Year 2016 – 2017 Budget with all policies, fees, rates, and provisions as referenced therein. Councilmember Humphrey seconded the motion. Councilmember Allen moved to amend Section 8 of Ordinance 2016-40 by striking the second sentence, “Council authorizes the City Manager to make such adjustments in fees, rates and charges from time to time as are in the City Manager’s discretion reasonable and necessary based upon facts then existing, including the implementation of new fees, rates and charges or elimination of current ones; provided, however, that a change of more than 25% or the implementation or elimination of any fee, rate or charge shall be reported to the next regular Finance Committee meeting (Exhibit D).” to remove the authority of the City Manager to change or eliminate fees or rates; the motion was seconded by Mayor Pro Tem Olson. The motion to amend was adopted, 6-2, Mayor Pro Tem Olson and Councilmember Johnson voting against. The main motion was adopted as amended, 8-0. b. Presentation, discussion, public comment, and possible action to move to ratify the increased property tax revenues reflected in the Fiscal Year 2016-2017 Budget as adopted. \[Steve Ritter, Finance Director\] Councilmember Humphrey moved to ratify the increased property tax revenues of $216,000 reflected in the Fiscal Year 2016-2017 Budget as adopted. Councilmember Rodriquez seconded the motion. The motion was adopted 8-0. c. Presentation, public comment, discussion, and possible action to approve the Mayor’s nominations for City boards, committees, and commissions. \[Mayor Brauninger\] Mayor Brauninger moved his nominations. The motion was adopted 8-0. The following were appointed. Cemetery Advisory Board Historic Preservation Commission Donna Coffen – reappointment Tom Rogers – reappointment Weslie Gray – initial appointment Main Street Program Advisory Board Sandra Gray – initial appointment Parks & Recreation Advisory Board Cheryl Spencer – reappointment Kevin Edney - reappointment d. Presentation, public comment, discussion, and possible action on nomination of Ellen Willett as the City of Huntsville Donations Coordinator to satisfy requirements of the City’s Emergency Management Plan. \[Mayor Andy Brauninger and Chief Kevin Lunsford, Director of Public Safety\] Councilmember Johnson moved to approve the nomination of Ellen Willett as Donations Coordinator for the City of Huntsville as outlined in the City’s Emergency Management Plan Annex T, for a five-year term. The motion was adopted 8-0. e. Presentation, public comment, discussion, and possible action to adopt Ordinance 2016-45, amending the adopted FY16-17 Fee Schedule, to provide for an increase of 20% to the rates for Public Information Requests, permitted under Texas Local Government Code 552.262 (Public Information Act), effective as part of the fee schedule beginning October 1, 2016. \[Councilmember Humphrey and City Secretary Lee Woodward\] Councilmember Humphrey moved to adopt Ordinance 2016-45, amending the adopted FY16-17 Fee Schedule, to provide for an increase of 20% to the rates for Public Information Requests, permitted under Texas Local Government Code 552.262 (Public Information Act), effective as part of the fee schedule beginning October 1, 2016; the motion was seconded by Councilmember Johnson. Councilmember Humphrey moved to amend Ordinance 2016-45 by striking “20%” and inserting “25%”; the motion was seconded by Councilmember Davidhizar. The motion was adopted 8-0. 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. No requests were received by noon on Tuesday, September 13, 2016. 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 Pro Tem Olson gave an HISD Minute, sharing thatthe SHSU Ladykats were having a book drive for HISD intermediate students at their home games this fall. Contact Shannon Duncan at HISD for more information. Councilmember Humphrey discussed speaking to second graders on citizenship. She also said the Ladykats and many other residents enjoyed the recent personal safety presentations held at Curves. Councilmember Johnson said the fall was getting very busy and hoped all would give attention to election candidates and issues at all levels of government. Mayor Brauninger encouraged all to work with local children whenever given the opportunity and announced the following: -Have you seen the video for the upcoming bond election propositions? We want everyone to stay tuned for facilities tours and information to educate all the voters before November 8. Make sure you are registered to vote by October 11, then visit www.huntsvilletx.gov/Bond! -Mark your calendar for October 11 to join us for the State of the City Address. You will have the opportunity to meet th City staff, hear updates about your City and learn more about the Bond proposals. We look forward to seeing you there. -We invite all our citizens to take part in public facility tours for each facility proposed in the Bond election. Visit www.huntsvilletx.gov/Bond to see the tour schedule. 11.ADJOURNMENT Mayor Brauninger adjourned the meeting at 7:18 p.m. Lee Woodward, City Secretary