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Minutes - 02/21/2017MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 21st DAY OF FEBRUARY 2017, 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, Paul Davidhizar, Tyler McCaffety, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez, Clyde D. Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager; Leonard Schneider, City Attorney; Lee Woodward, City Secretary WORSKOP SESSIONS [3:00-6:00 P.M.] — The City Council will receive information on proposed parking initiatives and participate in parliamentary procedure training. Randy Schulze of Walter P. Moore Engineers and Ram Ramachandra, City Engineer, offered a recommendation for proposed parking initiatives without changes to traffic direction. (Councilmember Davidhizar arrived at 3:12 p.m.) Kay Crews, PRP, CP, worked with the Council on parliamentary procedure and its usage. (Councilmember McCaffety arrived at 3:57 p.m., Councilmember Loll arrived at 4:15 p.m., Councilmember Allen was not present for workshops) 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 Loll gave an invocation and Emma McNeil and Jalyn Elliott from HISD led the pledges. 3. PUBLIC HEARING a. The City Council will accept comment on adopting Ordinance 2017-20, to change the Development District Classification of Block 3 of the G. A. White Subdivision from Neighborhood Conservation to Management. [Aron Kulhavy, Director, Community & Economic Development Department] (Councilmember McCaffety signed an Affidavit of Conflict of Interest and left the room for this item.) Mayor Brauninger opened the public hearing at 6:03 p.m. Scott Hornung, Steve Covington, Dalene Zender, Frankie McCaffety, Debra Humphries, Janice Lawrence, Pam Olson, Maureen McIntyre, Micah Slaughter, and Hollis Murray offered public comment. The public hearing was closed at 6:30 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 February 7, 2017 and the special session held on February 15, 2017. [Lee Woodward, City Secretary] b. Authorize the City Manager to award a purchasing agreement to CPR dba MDN Enterprises, HD Supply, Ferguson Waterworks, and Rural Pipe and Supply for water and wastewater supplies maintained in the City of Huntsville warehouse. [Carol Reed, Director of Public Works] c. Consider the purchase of four Ford Police SUVs plus vehicle accessories for HPD, and one Ford Escape for Health Inspections. [Mike Clouds, Fleet Manager] Councilmember Allen pulled item c. Councilmember Davidhizar moved to approve items a and b; the motion was seconded by Councilmember Loll. The motion was unanimously approved, 9-0. Mayor Pro Tem Olson moved to c. Consider the purchase of four Ford Police SUVs plus vehicle accessories for HPD, and one Ford Escape for Health Inspections; the motion was seconded by Councilmember Rodriquez. Councilmember Humphrey moved to amend by adding "; to purchase the equipment through BuyBoard from Silsbee Ford for $166,383.88"; the motion was seconded by Mayor Pro Tem Olson. The amendment was unanimously adopted, 9-0. The amended motion was unanimously adopted, 9-0. 5. 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. Todd Graham, paid parking b. Logan Ellis, paid parking Mr. Graham was not in attendance when his name was called for comment. Logan Ellis, External Affairs Chief for the SHSU Student Government Association, spoke in opposition to the paid parking proposal. Jacqueline Bolden offered public comment. 6. STATUTORY AGENDA a. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-21, creating paid parking spaces along University Avenue, 15th Street and Avenue I, first reading. [Y. S. "Ram" Ramachandra, City Engineer; Kevin Lunsford, Police Chief; Steve Ritter, Finance Director] First reading, no action taken. b. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to award the construction contract for the 11th Street (IH 45 to University Avenue) Waterline Replacement Project construction project, Project No. 12-11-01, and adopting Ordinance 2017-18 in support of the associated budget amendment, second reading. [Y.S. "Ram" Ramachandra, City Engineer] Councilmember Loll moved to authorize the City Manager to award the construction contract to Meiners Construction for the construction of 11th Street (IH 45 to University Avenue) Waterline Replacement Project (No. 12-11-01) in the amount of $1,411,550.00 and adopting Ordinance 2017-18 in support of the associated budget amendment; the motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 9-0. c. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to award a construction contract for the Sam Houston Avenue (11th Street to 22^c Street) Waterline Replacement Project construction, Project No. 12-11-03, second reading. [Y.S. "Ram" Ramachandra, City Engineer] Councilmember Humphrey moved to authorize the City Manager to award a construction contract to 5-T Utilities, Inc. for the construction of Sam Houston Avenue (11th Street to 22nd Street) Waterline Replacement Project (No. 12-11-03), in the amount of $1,127,392.83; the motion was seconded by Mayor Pro Tem Olson. The motion was unanimously adopted, 9-0. d. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2017-20, to change the Development District Classification of Block 3 of the G. A. White Subdivision from Neighborhood Conservation to Management, second reading. [Aron Kulhavy, Director, Community & Economic Development Department] (Councilmember McCaffety signed an Affidavit of Conflict of Interest and left the room for this item.) Aron Kulhavy, Director of Community and Economic Development, announced a petition was received at approximately 5:30 p.m. and that he had not yet been able to verify all the signatures to determine whether a 3/4 majority vote would be required for approval. Mayor Pro Tem Olson moved to postpone the item until the next meeting so the signatures can be verified; the motion was seconded by Councilmembers Allen and Davidhizar. The motion was unanimously adopted, 8-0. 7. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, public comment, discussion, and possible action to approve the Mayor's nomination of appointing James Hall to a position on the Planning Commission and re -appointing Bill Butler to a position on the City of Huntsville, Texas Veterans Affairs Advisory Board. [Mayor Brauninger] The Mayor moved his nominations separately. Both nominations were approved, 9-0. b. Presentation, public comment, discussion, and possible action to adopt Resolution 2017-08 to formally address and denounce the conduct of Councilmember Ronald Allen and his blatant disregard of the Texas Open Meetings Act during the February 7, 2017 meeting. [Mayor Pro Tem Olson] Without objection, the Mayor moved to adjourn the Council into Executive Session at 7:15 p.m. to receive legal advice. The Council reconvened at 8:10 p.m. Mayor Pro Tem Olson moved to adopt Resolution 2017-08 to formally address and denounce the conduct of Councilmember Ronald Allen and his blatant disregard of the Texas Open Meetings Act during the February 7, 2017 meeting; the motion was seconded by Councilmember Humphrey. Mayor Pro Tem Olson discussed the activity of February 7 and his concerns about statute violations and potential malfeasance. Councilmember Davidhizar moved to amend the resolution by striking the third and fourth "Whereas" sections of the resolution; the motion was seconded by Councilmember Humphrey. The motion to amend was adopted, 9-0. The amended motion was adopted, 9-0. 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.) HISD Minute! (Mayor Pro Tem Olson) - The Chamber of Commerce's Promoting Our Positives (POP) Committee is leading a drive for the district's over 350 housing insecure students. Some students don't know what home they'll be in or where they will sleep from night to night. Many times these students stay with others who already have income difficulties or would have a hard time feeding an additional child. To help, POP is collecting gift cards to grocery stores, large retailers, and fast food restaurants in suggested increments from $5-$25. A child who stays in another's home can help out by bringing these cards when they stay, to defray expenses. The cards will be tracked by the district and issued to students based on determined need. Make donations at the Chamber of Commerce or at the HISD Administration Building on FM 2821, to the attention of Shannon Duncan. Many area churches are also collecting in house, so that parishioners can properly receive a tax write-off for the donation. Call 295-8113 for more information. Many, many thanks to the Noon Lions Club, who donated over $500 in WalMart gift cards last week, and to First United Methodist Church members, who donated over 100 cards on Friday! These are only a couple of examples of the generosity and caring in our community. Councilmember Rodriquez congratulated Mayor Brauninger for his recent recognition as a Texas Municipal League Institute (TM LI) Certified Municipal Official (CMO). Rodriquez said he had also recently attended a police graduation in Conroe, including new HPD officer David Gonzalez, whom all welcomed. CoH Clean Minute! (Councilmember Humphrey) - It's a new year, a time when many of us think about improving our health, fixing up our homes, and making time on our calendar for what's really important in our lives. I hope you'll join me in also thinking about the appearance of our community. Let's hold open doors for others, think about how our own properties look, pick up trash when we see it, and offer a smile to those we meet. Mark your calendar for the 10th annual E -Waste Day, a.k.a. E -Recycling Day, at the City Transfer Station on April 1. It's no joke! From 9 -noon, you can drop off computers, printers, scanners, copiers, cell phones, rechargeable batteries, and more - and vehicle batteries - all free of charge! And, special this year, you can recycle up to eight passenger car or light truck tires for free, too! Last year we collected over 8 tons of garbage at this event, helping to keep recyclable electronics out of the waste stream and landfills and get them recycled and re -manufactured. Special thanks to Technocycle of Houston, whose sponsorship makes this all possible. Find out more about this event on www.huntsvilletx.gov or call 936-294-5712. Thanks for helping us keep our Home Sweet Huntsville a clean place to be! Mayor Pro Tem Olson announced HPD Detective Marvin Hyvl's upcoming retirement and thanked him for his over 35 years of service. Councilmember McCaffety reminded all of the Chamber's Business and Outdoor Expo to be held on March 2. Librarian Linda Dodson shared news of their pre -K reading program and Everybody In library card drive. Councilmember Davidhizar announced the passing of former Councilmember and 2nd Asst. Fire Chief David Martinez. Councilmember Humphrey said the Hornet Basketball Team just won their bi-district playoff game. Councilmember Davidhizar noted that the AOA team won last night and would also be advancing to a playoff round. Mayor Brauninger announced: TAMU Forest Service and Huntsville Fire Department will hold a fuels reduction demonstration at Elkins Lake on February 28 at 9 am. The SHSU Department of Art is hosting the University Avenue Art Walk on March 4 from 2-6 pm. Galleries and museums along University Avenue will be open to the public free of charge and the afternoon will be celebrated with a 5 pm reception at the SHSU Satellite Gallery on the square. Call 294-1315 for more information. Four teams of local kids are heading to the National Little Dribblers Tournament in April. Please help them raise the funds needed for this special trip. Contact Sherry at 979-739-2045. 10. EXECUTIVE SESSION a. 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 Wynne Home roof claim and repair. [Leonard Schneider, City Attorney] b. City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section 551.071 - consultation with counsel on legal matters on 7th Street sewage damage claims. [Leonard Schneider, City Attorney; Matt Benoit, City Manager] c. City Council will meet in Executive Session pursuant to 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 Secretary Lee Woodward. The City Council adjourned into executive session at 8:39 p.m. 11. RECONVENE Take action, if necessary, on items addressed during Executive Session. The City Council reconvened at 9:40 p.m. Mayor Pro Tem Olson moved to instruct the City Attorney to move forward with the legal issues related to the Wynne Home and make provisions for needed roof repairs; the motion was seconded by Councilmember Davidhizar. The motion was unanimously adopted, 9-0. 12. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 9:41 p.m. Lee Woodward, City Secretary