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Minutes - 06/18/2013 TH MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 18 DAY OF JUNE 2013, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:00 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H. Johnson, Keith Olson, Joe Emmett. Ronald Allen, Clyde Loll COUNCILMEMBERS ABSENT: Tish Humphrey OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ WORKSHOP [5:00 PM] – The Charter Review Committee will discuss its process and recommendations with the City Council. Rhonda Reddoch, Chair, introduced the Committee members and reviewed the Committee’s final document, divided into sections on recommendations they believed substantive, items that dealt with grammatical or technical changes, and articles they felt the Council should review further. REGULAR SESSION [6:00PM] 1. CALL TO ORDER – In the presence of a quorum, the Mayor called the meeting to order at 6:02 pm. 2. INVOCATION AND PLEDGES – Councilmember Loll gave the invocation and Dalton Smith of the Boys and Girls Club led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Presentation of Charter Review Committee members and recommendations – The Mayor thanked the Committee for its hard work. 4. PUBLIC HEARING The City Council will receive public input on Ordinance 2013-28 to remove 501.6 Gas & Oil Wells from Chapter 5 of the Huntsville Development Code. [Aron Kulhavy, Director of Community and Economic Development] Mayor Woodward began the public hearing at 6:07 p.m. Aron Kulhavy, Director of Community and Economic Development, confirmed the Mayor’s statement that this Ordinance was to resolve conflict between the Development Code and the City Code of Ordinances. Mayor Woodward closed the public hearing at 6:08 p.m. 5. PUBLIC COMMENT LaRue Smith read a letter concerning loud noise coming from Jaidyn’s, Humphrey’s, and The Draft Bar and her efforts to resolve the issue. Susan Sanders spoke on noise emanating down Avenue L ½ from the Sam Houston Avenue businesses. Manuel Toony is a property owner on Avenue L ½ who relayed noise complaints from his tenants. Charles Smither. Jr. called the Council’s attention to “questionable” points he found in the Harnessing Huntsville report and urged the Council to reconsider approving the report. Delora King spoke on the history of Veterans Memorial Parkway and in opposition to a marker to be placed in Bill Green’s honor. 6. CONSENT AGENDA (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 Regular Session held on June 4, 2013. [Lee Woodward, City Secretary] b. Authorize the City Manager to approve Task Order No. 7 with Schaumburg and Polk, Inc. (SPI) for final design of Old Colony Road Gravity Sanitary Sewer (OCR) Project Phases V & VI, 08-10-31 and 08-10-32, 2nd reading. [Aron Kulhavy, Director of Community and Economic Development] c. Approve Ordinance 2013-28 to remove section 501.6, Gas and Oil Wells from Chapter 5 of the Huntsville Development Code, 2nd reading. [Aron Kulhavy, Director of Community and Economic Development] d. Approve Ordinance 2013-29 to amend Chapter 14 of the Code of Ordinances by adding a new article VI “Secondhand Jewelry and Precious Metal”; making other provisions and findings thereto; and declaring an nd effective date, 2 reading. [Councilmember Fitch] e. Accept the Harnessing Huntsville’s Potential Plan. [Dr. Sherry McKibben, Community Development Specialist] f. Authorize the City Manager to purchase a 2013 Police Edition Chevrolet Tahoe for the Police Chief. [Billie Smith, Procurement Manager] g. Authorize the City Manager topurchase a 2013 Police Edition Chevrolet Tahoe. [Billie Smith, Procurement Manager] h. Adopt Ordinance 2013-31 amending the FY12-13 budget. [Steve Ritter, Interim Finance Director] (Councilmember Olson filed a Conflict of Interest form for item d and left the dais for the related discussion.) Councilmember Emmett moved to approve the Consent Agenda and was seconded by Councilmember Loll. Councilmember Johnson addressed the possible errors in item e and asked if the item could be approved for correction, asked for items f and g to be clarified, and pulled item d. Councilmember Johnson asked that item e be pulled for staff review and correction, not to be approved. Steve Ritter, Interim Finance Director, clarified that items e and f were insurance and forfeiture/seizure fund purchases. The motion for items a, b, c, f, g, and h passed unanimously, 8-0. Councilmember Fitch moved to approve item d and was seconded by Councilmember Emmett. Councilmember Johnson expressed concern over the fifteen-day wait period. Councilmember Fitch pointed out the protections were for burglary victims so that precious metal products would not be quickly melted down; which was not a typical issue in a pawn shop. Councilmembers Allen and Emmett agreed, Emmett noting pawn shops had a forty-five-day retention. Councilmember Montgomery asked about the breadth of the intent and Leonard Schneider, City Attorney, referred to the definitions in the ordinance. Councilmember Fitch moved to amend by inserting “crafted” before all instances of “precious metal” and was seconded by Councilmember Loll. The amendment passed unanimously, 7-0. The main motion passed unanimously, 7-0. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action to authorize an interlocal agreement between Walker County and the City of Huntsville for consulting services to develop a Request for Proposal (RFP) for Clinic Administrators for a possible Employee Medical Clinic. [Missy Davidson, Interim Human Resources Director] Councilmember Johnson moved to authorize the interlocal agreement and was seconded by Councilmember Montgomery. The motion passed unanimously, 8-0. b. Presentation, discussion, and possible action to authorize the City Manager to apply for the 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and enter into an interlocal agreement with Walker County. [Dr. Sherry McKibben, Community Development Specialist] Councilmember Montgomery moved to authorize the City Manager to apply for the 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and enter into an interlocal agreement with Walker County and was seconded by Councilmember Allen. The motion passed unanimously, 8-0. c. Presentation, discussion, and possible action to adopt Ordinance 2013-30 amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 32 “OFFENSES AND MISCELLANEOUS PROVISIONS”, more specifically “Sec. 32-33 Door-to-door solicitors, hawkers, etc.”; providing for a penalty; making other provisions st and findings thereto; and declaring an effective date, 1 reading. [Chief Kevin Lunsford, Director of Public Safety] Kevin Lunsford, Director of Public Safety, noted the Ordinance would supply a mechanism to deny permits for prior violations, provide more controls on soliciting, and prohibit panhandling. Councilmember Emmett was told charitable organizations and religious groups would be exempted from the requirements. Councilmember Montgomery asked about homeless people who asked for rides and was told the intent was for issues in public places. 8. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, and possible action to approve placement of a commemorative plaque on Veteran’s Memorial Parkway. [Mayor Woodward] Mayor Woodward moved to approve placement of a commemorative plaque on Veteran’s Memorial Parkway and was seconded by Councilmember Johnson. Former Mayor Morris Waller commended the Council for their service. He gave examples of other local notable civil servants and dignitaries who had been distinguished with naming honors, saying he felt it appropriate to recognize those who brought Veterans Memorial Parkway into being. He said money for the plaque was to be raised privately and that the City would be asked to help with the expense of the monument on which it would be installed. Mr. Waller described Bill Green as one of the most capable mayors the City had ever had. Councilmember Allen read the proposed wording of the plaque, objecting to the characterization of “courage.” He said he felt the wording was a “paid, political advertising” for Bill Green, terming it “ludicrous.” Mr. Waller said “courage” referred to someone who proceeded against great odds. Councilmember Fitch expressed a sense that such a plaque was typical on a building but asked if any others were on roads. The Mayor said there was state recognition on I-45, possibly one on a county bridge, and some on streets or fire stations. Councilmember Montgomery noted her gratitude for the road during the hurricane. Mr. Waller agreed to withdraw the request for the City to pay for the monument. Councilmember Emmett agreed on the usefulness of the road, that he was appreciative of it and he felt Mr. Green should be saluted for putting it in. The motion passed, 7-1, Councilmember Allen voting against. b. Presentation, discussion, and possible action to approve the nomination of Dana Nicolay to an open position on the Hotel Occupancy Tax Board. [Mayor Woodward] Mayor Woodward nominated Dana Nicolay to an open position on the Hotel Occupancy Tax Board. The motion passed unanimously, 8-0. c. Presentation, discussion, and possible action on the nomination of Pattillo, Brown, & Hill, LLP as the Certified Public Accountant for the City for FY2012-13 auditing and reporting. [Mayor Woodward] Mayor Woodward nominated Pattillo, Brown, & Hill, LLP as the Certified Public Accountant for the City for FY2012-13 auditing and reporting and was seconded by Councilmember Olson. The motion passed unanimously, 8-0. d. Presentation, discussion, and possible action to authorize the City Manager to begin the process of drafting a preservation ordinance. [Mayor Woodward] Mayor Woodward moved to authorize the City Manager to begin the process of drafting a preservation ordinance and was seconded by Councilmembers Montgomery and Loll. The motion passed unanimously. e. Presentation, discussion, and possible action of potential resignation of Councilmember Fitch. [Councilmember Fitch] Councilmember Fitch said he had always expected to serve several terms on Council, but a change of employment necessitated his resignation. He thanked City employees, citizens, the members of City Council, and charged the Councilmembers to remember why they served. The Mayor said it had been an honor and privilege to serve with Councilmember Fitch and how much he had appreciated his work. Councilmember Montgomery told Councilmember Fitch how much she had learned from him and the value of his perspective. Without objection, the Mayor chose not to take action. f. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. The City Manager had no report. 9. PUBLIC COMMENT Dick Lindeman thanked Councilmember Fitch for his vote on several items of his time on the Council, such as the tax increase and the Buxton contract. Delora King thanked Councilmember Fitch and said she knew he was headed for good things in his future. Marion Wagamon thanked Councilmember Fitch as a model for public service “so badly needed at all levels of democratic government.” Charles Wagamon commended Councilmember Fitch for wisdom and courage in his service. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA Brandon Scott of The Huntsville Item asked about a local property owner who appeared on an economic development request. The Mayor reported the Council took no action at that meeting, nor since. Laura Ann Solomon, a new member of The Huntsville Item, received the years of Councilmember Fitch’s term of service. 11. 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 Mayor announced the Farmers Market would continue through July 27 on Saturdays from 8-12. He reminded everyone that public hearings on potential Charter changes would be held at the meetings on July 2 and 16, the Council would consider changes at the meetings on July 16 and August 6, and that elections would be called at the meeting on August 20. Mayor Woodward urged the public to take part in the process. The Mayor announced the City’s new e-newsletter was released June 17. The Mayor announced the reading of the Declaration of Independence at the Courthouse gazebo on June 3 at noon. Dr. Sherry McKibben, Community Development Specialist, said representatives would be at the library from 4-7 pm on June 20 for an additional round of funding for Hurricane Ike recovery and residential repair. She said rental monies would be available at the Houston-Galveston Area Council (H-GAC) office in Houston on July 10 from 9-12 and details were available through her office. 12. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, 551.071 and 551.087 – deliberation regarding economic development negotiation involving project Hogwarts. [Matt Benoit, City Manager, and Aron Kulhavy, Director of Community and Economic Development] The Mayor adjourned the Council into Executive Session at 7:33 p.m. (Councilmember Fitch did not attend.) 13. RECONVENE Take action, if necessary, on items addressed during Executive Session. The Mayor adjourned the Council into Executive Session at 8:15 p.m. No further action was taken. 14. ADJOURNMENT Mayor Woodward adjourned the meeting at 8:17 pm. Respectfully submitted, Lee Woodward, City Secretary