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Minutes - 07/02/2013 ND MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 2DAY OF JULY 2013, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, Lydia Montgomery, Don H. Johnson, Keith Olson, Joe Emmett. Tish Humphrey, Ronald Allen, Clyde Loll COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ REGULAR SESSION [6:00PM] 1. CALL TO ORDER 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. 3. PUBLIC HEARING The City Council will receive public input on proposals for Charter amendments for the November ballot. Mayor Woodward began the public hearing at 6:03 p.m. Mr. Charles Smither, Jr. spoke on the Charter Conflict of Interest provision, addressing state law exceptions and urging equal treatment of all businesses, including SHSU. Dick Lindeman echoed Mr. Smither’s comment that having individuals from SHSU on the Council but asked for recognition of potential conflict. He asked the Council to consider options on At-Large versus Ward makeup of the City Council before making a decision. Mr. Lindeman also suggested options for a residency requirement, either eliminating the requirement or establishing rules, perhaps including a requirement for being a qualified voter. Finally, he addressed transparency and his proposals for additional recording of City Council, and City Board and Commission meetings. Karl Davidson asked the City Council to consider proposals with an open mind. He said he believed the Council size should be reduced to five members to prevent undue representation from a geographic area of the City. He also suggested the Council term remain at two years. Mr. Davidson recommended the Charter include a requirement for a State of the City by the Mayor after the passage of the budget, and for annual ward meetings. He also recommended regular updates from the City Manager. Mayor Woodward closed the public hearing at 6:22 p.m. 4. PUBLIC COMMENT a. Related to any City business not on the agenda – 2 minutes per speaker Ramiro Jaime, Jr. re-introduced himself to the City Council in his new role as the SHSU Student Council President and announcing initiatives for his term. b. Related to any matter on the agenda – 5 minutes per speaker Al Hooten, SHSU Vice-President of Finance and Operation, respectfully requested the City not approve Resolution 2013- 11 (item 6a), noting the University had identified the building as important to expansion of its programs, particularly those dealing with ROTC and veterans affairs services. He said the University had not had the opportunity to submit a bid, and asked the City to rebid. LTC David Yebra, Ret., said he spoke as a veteran and member of the community, also extending the Fire Chief condolences on the nineteen firefighters lost recently in Arizona. He said the Reserve facilities would help in consolidation of the University’s veterans services. He thanked the Council for its consideration and support. T.J. Burdett said he was a veteran but was speaking as a businessman. He read an email he had sent to Councilmember Humphrey in opposition to the University’s request. Robert Ernst also thanked the military and referred to a letter he had provided previously, in opposition to the University’s request. He stated he believed the University had the information on the bid process in advance and did not take action. Tarek Maalouf said he had not intended to speak but, from hearing the comments, felt that his purchase of the building was derailing the University’s ROTC program. He said he was willing to provide property to their program, but that he felt that this prime property was more appropriate for business. Mr. Maalouf said the University was made aware of the bid on June 5 and had opportunity and resources to submit, but did not. He added that he had been waiting for property to become available, had worked hard on his bid, and was pleased that his was the only one, again encouraging fair play. 5. 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 Workshop and Regular Session held on June 18, 2013. [Lee Woodward, City Secretary] b. 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 and findings thereto; and declaring an effective nd date, 2 reading. [Chief Kevin Lunsford, Director of Public Safety] c. Approve Resolution 2013-10 authorizing the submission of the 2013 Edward Byrne Justice Assistance Formula Grant (JAG) application. [Dr. Sherry McKibben, Community Development Specialist] d. Approve Ordinance 2013-32 to amend the budget for FY 12-13. [Steve Ritter, Interim Finance Director] Councilmember Montgomery moved to approve the Consent Agenda and was seconded by Councilmembers Olson and Emmett. The motion passed unanimously, 8-0. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Resolution 2013-11, accepting a bid for the sale of city owned property located at 2257 Sam Houston Avenue, more commonly known as the Army Reserve Building, and authorize the City Manager, City Attorney and City Secretary to sign all necessary documents to complete the sale subject to final approval by the City Attorney. [Matt Benoit, City Manager] (The Mayor filed a Conflict of Interest form and did not participate in the discussion or vote.) Councilmember Loll moved to adjourn into Executive Session and was seconded by Councilmember Emmett. The motion was approved 6-1, Councilmember Allen voting against. Mayor Pro Tem Johnson adjourned the Council into Executive Session as 6:45 pm. The Council reconvened at 7:08 pm. Councilmember Olson moved to approve Resolution 2013-11, accepting a bid for the sale of city owned property located at 2257 Sam Houston Avenue, more commonly known as the Army Reserve Building, and authorize the City Manager, City Attorney and City Secretary to sign all necessary documents to complete the sale subject to final approval by the City Attorney and was seconded by Councilmember Loll. The motion passed unanimously, 6-1, Councilmember Emmett voting against. 7. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, and possible action pertaining to City ordinance on noise standards and recent citizen complaints. [Council member Allen] Councilmember Allen said he had asked the City Manager to review his research on the item. City Manager Matt Benoit said he had discovered noise ordinances in the Development Code (which included decibel readings) and a “reasonableness” standard in the City’s Code of Ordinances. Mr. Benoit said he did not feel it appropriate for the City to continue with both or to have one in the Development Code, saying he favored one including decibel levels and suggested he and the Police Chief conduct further research. He said he intended to make recommendations to the Council then and was open to the Council’s input. The Mayor and Councilmember Allen supported working with the citizens and business owners, and Councilmember Loll offered his assistance. b. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. Aron Kulhavy, Director of Community and Economic Development, presented on possible speed calming devices on River Oaks and Avenue S. Matt Benoit spoke on current water conservation concerns, noting a pump down combined with annual increased water use. He said the public was being asked to pay attention to their water use and thoughtful about irrigation and outdoor washing. Kristin Edwards, Deputy City Secretary, presented an update on the recently introduced This Week in Huntsville e- newsletter. The Council and City Manager lauded her work and agreed to provide topics. 8. PUBLIC COMMENT a. Related to any City business – 2 minutes per speaker Dick Lindeman spoke in opposition to extending City Council terms from two to three years, saying the underlying argument for continuity and stability was very weak. He said a three-year term reduced the ability of the citizenry to impact the Council and that he did not believe a three-year Council would be any more responsive. 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.) The Mayor encouraged the public to sign up for This Week in Huntsville and reminded all the farmers market would continue through July 27. Mayor Woodward said another Charter public hearing would be held on July 16 and proposals would be considered by the Council at upcoming meetings. He announced the City was still accepting applications for City Boards and Commissions. The City Manager and City Secretary gave information on the City fourth of July celebration to be held at Kate Barr Ross Park. Councilmember Emmett thanked Mr. Lindeman for his comments and acknowledged the Blumenkamps th property on 13 Street, commending the appearance of the property, while also noting there had been a lot of general improvement in Ward 1. Councilmember Humphrey asked that the community welcome visitors in town for freshman orientation and encouraged citizens to take part in local activities and be good neighbors. The Mayor reminded all the City would be closed on the fourth and wished everyone a very safe holiday. 11. ADJOURNMENT from Regular Meeting. Workshop to follow. Mayor Woodward adjourned the meeting at 7:49 pm. WORKSHOP Council will reconvene for the WORKSHOP in the LARGE CONFERENCE ROOM [TO IMMEDIATELY FOLLOW COUNCIL MEETING] The City Council will discuss proposals for Charter amendments for the November ballot. [Mayor Woodward] Mayor Woodward convened the workshop at 8:00 p.m. The Council reviewed the Charter Review Committee’s report on its work. Citizens and Charter Review Committee members in attendance discussed how several of the suggestions had been reached and the Council evaluated options and the ballot requirements for charter amendments. Mayor Woodward adjourned the workshop at 9:40 p.m. Respectfully submitted, Lee Woodward, City Secretary