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Minutes - 09/17/2013 (3) MINUTES FROM THE HUNTSVILLE CiTY COUNCIL MEETING HELD ON THE 17T"DAY OF SEPTEMBER 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,Keith D. Olson,Don H.Johnson,Joe Emmett,Tish Humphrey,Ronald Allen, Clyde Loll a COUNCILMEMBERS ABSENT:None OFFICERS PRESENT:Matt Benoit,City Manager,Leonard Schneider,City Attorney,Lee Woodward,City Secretary MAIN SESSION[6:00131101] 1. CALL TO ORDER 2. INVOCATION AND PLEDGES — Councilmember Montgomery gave an invocation and guest pledger Chelsey Taylor of r AKAdemy Young Emerging Leaders led the pledges. 3. PUBLIC HEARING City Council will hold a public hearing to receive citizen input regarding the Fiscal Year 2013-2014 Annual Budget. Mayor Woodward opened the public hearing at 6:02 p.m. There were no public comments. Mayor Woodward closed the public hearing at 6:02 p.m. 4. PUBLIC COMMENT Walter Boyd,Sr.spoke on the separation of church and state. f 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 Regular Session held on September 3, 2013. [Lee Woodward, City Secretary] b. Authorize the City Manager to accept the Emergency Management Performance Grant (EMPG) and adopt Resolution 2013-18 in support of same.[Dr.Sherry McKibben,Community Development Specialist] c. Authorize the City Manager to accept the 2013 Edward Byrne Memorial Justice Assistance Grant(JAG)Program award.[Dr.Sherry McKibben,Community Development Specialist] d. Adopt Ordinance 2013-40 to amend the budget for FY12-13.[Steve Ritter,Interim Finance Director] Councilmember Humphrey moved to approve items 5 a b, and c and was seconded by Councilmember Montgomery.The motion passed unanimously. Councilmember Olson moved to approve item 5 d and was seconded by Councilmember Loll. Councilmember Humphrey suggested the Council be presented with other options to putting the requested amounts of money into a building of its age, although she felt a downtown fire station a necessity. Fire Chief Tom Grisham listed other options he had pursued but had not found satisfactory. He said the building was of very solid construction, that mold and asbestos were not present or removed, that many repairs and improvements had been made including meeting codes and the building of a flood prevention wall, and addressed the phases of work anticipated and associated costs in response to Council questions. The City Manager pledged to come before the Council if a significant change to the use of the funds was encountered. The motion passed unanimously. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve a decision package relating to the Main Street Program and Wynne Home Arts Center for the FY13-14 budget.[Matt Benoit,City Manager] Councilmember Humphrey moved to approve the decision package relating to the Main Street Program and Wynne Home Arts Center for the FY13-14 budget providing a Main Street Coordinator Position and combining the duties and responsibilities of the Main Street Coordinator Position with the Historic Preservation Officer, subiect to Council adoption of a Historic Preservation Officer, and approve a part-time Administrative Assistant position for the Wynne home Arts Center,and was seconded by Councilmember Montgomery. Councilmember Allen suggested having the full-time position try to help at the Wynne Home until a clear need was ine established for an additional part-time position or how much work could be done on historic preservation to determ possible hotel occupancy tax funding for the full-time position. Councilmember Emmett moved to call the question The motion passed 7-1 Councilmember Allen voting against. b. Presentation, discussion, and possible action on Ordinance 2013-42,adopting the Fiscal Year 2013-2014 Annual Budget(record vote). [Steve Ritter,Interim Director of Finance] Councilmember Olson moved to approve Ordinance 2013-42, adopting the he Fiscal Year 2013-2014 Annual Budget and was seconded by Councilmember Loll. a :3 Councilmember Allen said he had a problem with the estimated beginning fund balance for the Medical Insurance Fund budget. Councilmember Emmett moved to call the question. The motion passed. 7-1. Councilmember Allen voting ® against. c. Presentation,discussion,and possible action on Ordinance 2013-43,adopting the Fiscal Year 2013-2014 tax rates (passage of budget required to vote on this item)(record vote). [Steve Ritter,Interim Director of Finance] Councilmember Olson moved to approve Ordinance 2013-43 adopting the Fiscal Year 2013-2014 tax rates ( and was seconded by Councilmembers Montgomery and Johnson.The motion passed unanimously. d. Presentation, discussion, and possible action to authorize the City Manager to enter into a contract with Santek for the transfer of solid waste materials and an interlocal agreement with Polk County for the same. [Carol Reed, Director of Public Works] Councilmember Montgomery moved to approve authorizing the City Manager to enter into a contract with Santek for the transfer of solid waste materials and an interlocal agreement with Polk County for the same and was seconded by Councilmember Humphrey.The motion passed unanimously. e. Presentation, discussion, and possible action to approve an engineering contract with Dunham Engineering for design, bid, and inspection services in the amount of$70,000, for rehabilitation of two, half-million gallon water tanks.[Aron Kulhavy,Director of Community and Economic Development] Councilmember Loll moved to approve the contract with Dunham Engineering for design, bid, and inspection services in the amount of$70,000, for rehabilitation of two half-million gallon water tanks. and was seconded by Councilmember Olson.The motion passed unanimously. f. Presentation, discussion, and possible action to adopt Ordinance 2013-41, amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 32 "Offenses and Miscellaneous Provisions"; Section 32-23 "Unreasonably Loud Noises Prohibited"; providing for a penalty; making other provisions and findings thereto: and declaring an effective date,third reading.[Chief Kevin Lunsford,Director of Public Safety] Councilmember Humphrey moved to approve Ordinance 2013-41 with the removal of sec. 32-23(d)(4), amending the City of Huntsville Texas Code of Ordinances specifically Chapter 32"Offenses and Miscellaneous Provisions"* Section 32-23 ® "Unreasonably Loud Noises Prohibited providing for a penalty: making other provisions and findings thereto: and declaring an effective date and was seconded by Councilmember Olson.The motion passed unanimously. 7. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion,and possible action to nominate Joshua Winston as a youth member of the Youth Advisory Board and Grady Easley for the Huntsville Public Library Board. [Mayor Woodward] Mayor Woodward moved to nominate Joshua Winston as a youth member of the Youth Advisory Board and Grady Easley for the Huntsville Public Library Board.The motion passed unanimously. b. Presentation,discussion,and possible action to direct the City Manager to process a name change for Legion Road,to change it to Gordon Street,at the request of its residents.[Councilmember Allen] i Councilmember Olson moved to process a name change for Legion Road to change it to Gordon Road and was seconded by Councilmember Allen.The motion passed unanimously. c. City Manager's Report 1. Updates on City construction, grants,studies,City projects,City purchases,and economic development. 8. PUBLIC COMMENT LTC Robert McCormick invited all to Johnson Coliseum at 8 a.m. Friday, September 20 for the observance of POW-MIA Remembrance Day. 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 announced Desi Cortez, a former member of the Youth Advisory Board and HHS student, has been named the Captain of the Criminal Justice Intern Program for the 2013-14 school year. He also announced the City will raise the POW- MIA flag this Friday, Sept. 20, at 6:45 am at City Hall. Flags will follow at the City Service Center and the pole at 11th St. at Avenue I. The POW-MIA flags will fly in observance from Friday morning on Sept. 20 until 5 pm on Sunday, Sept. 22. The President has declared flags at half-staff through Friday, in response to the Navy Yard attack, and the City's flag-raising will be in accordance with that. j s" l The Mayor reminded all that October 1st is National Night Out in Texas and that the Council would like to take part in the community events, so their meeting will begin at 5 pm, rather than 6 pm. He said the Alpha Omega Academy girls'volleyball i team will play Covenant Christian School at Johnson Coliseum on Oct. 15 as part of their Dig Pink Rally to fight breast cancer. Doors open at 6 pm and the game is at 7:30. He wished them well. The Mayor announced the Walker County Criminal Justice Community Planning Group will meet at 9:30 am on October 1st at ' the Walker County Storm Shelter to focus on fixing local issues in the criminal justice system,that the group seeks public input and that David Anderson had information at 936-577-2443. He said the new bi-weekly digital newsletter, "This Week in Huntsville," is available on the City web site. The Mayor encouraged the public to remember Photo ID will be required in Texas beginning with the November 5th election and asked citizens to call 936-436-4959 or go by the Voter Registrar's office at the Walker County Annex on Sam Houston Avenue by Oct.7 to ensure their name matches on the voter rolls. ' Councilmember Tish Humphrey urged all to attend the Saturday SHSU football game and commended the basketball team. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Section 551.071— to receive legal advice on condemnation proceedings in relation to Gardner and Cooper and Sections 551.071 and 551.087 concerning economic development negotiations on projects Snoopy and Hogwarts. [Leonard Schneider, City Attorney] Mayor Woodward adjourned the Council into Executive Session at 7:11 p.m. The Council reconvened at 7:49 p.m. 12. RECONVENE Take action,if necessary,on resolving condemnation in relation to Gardner and Cooper. There was no action. 13. ADJOURNMENT Mayor Woodward adjourned the meeting at 7:49 Respectfully submitted, Lee Woodward,City Secretary Aftk t d, r t E