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Minutes - 10/15/2013 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF OCTOBER 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 COUNCILMEMBERS ABSENT:None OFFICERS PRESENT:Matt Benoit City Manager Leonard Schneider City Attorney Lee Woodward,City Secretary MAIN SESSION[6:OOPM] 1. CALL TO ORDER 2. INVOCATION AND PLEDGES—Mayor Woodward remembered former Councilmember Dan Davis and led the assembly in a moment of silence observing his passing. Guest pledger Markayla Spivey of AKAdemy Emerging Young Leaders led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS Presentation of POW-MIA flag to Mr.J. P.Richardson,World War II prisoner of war Corporal Jay Richardson was in the 151 Ranger Battalion, under Darby's Rangers, in WWII, and spent 14 months as a POW. 4. PUBLIC HEARING a. The City Council will receive public input on Ordinance 2013-46, to amend the City of Huntsville Development Code, adding a new chapter, Chapter 17, Historic Preservation. [Aron Kulhavy, Director of Community and Economic Development] Mayor Woodward opened the hearing at 6:09 p.m. A gentleman asked about consideration of pre-Columbian sites. Janice Adams asked about duplication with state historic services and designations. The Mayor said there was no age limit for protection and noted some local structures or areas may receive designation that might not qualify for state programs. He also noted that a site can have multiple designations. Cheryl Spencer thanked the Council for moving forward with the ordinance. The Mayor closed the hearing at 6:17 p.m. b. The City Council will receive public input on Ordinance 2014-02, to amend the City of Huntsville Development ® Code, removing Section 504 Noise Control and Table 5-2 Table of Noise Standards from Chapter 5. [Aron Kulhavy,Director of Community and Economic Development] Mayor Woodward opened the hearing at 6:17 p.m. City Manager Matt Benoit noted the ordinance was in conflict with the noise ordinance in the Code of Ordinances. Several citizens asked questions related to the changes made to the ordinance in the Code of Ordinances. The Mayor closed the hearing at 6:24 p.m. f 5. PUBLIC COMMENT a. Related to any City business not on the agenda—2 minutes per speaker b. Related to any matter on the agenda—5 minutes per speaker Lt. Col. Rob McCormick suggested a 65-decibel level might need review and also to note that SHSU would have a ceremony for Veterans Day on November 11, 2013 at 11:11 am at the flagpoles by Johnson Coliseum. He added that there was a banquet that evening sponsored by the HEARTS Museum. Cecil Grimes encouraged all to visit the HEARTS Veterans Museum. 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 Special Session held on September 23, 2013 and the City Council Regular Session held on October 1,2013. [Lee Woodward,City Secretary] b. Adopt Ordinance 2014-01,to amend the FY 2013-14 budget.[Steve Ritter,Director of Finance] c. Authorize the City Manager to apply for an Emergency Management Performance Grant (EMPG) and approve a Resolution 2014-01 in support of same.[Dr.Sherry McKibben,Neighborhood Resources Director] d. Authorize the City Manager to apply for a Houston—Galveston Area Council(H-GAC)Municipal Solid Waste Grant for no more than $25,000, with a $2,500 match and approve Resolution 2014-02 in support of same. [Dr. Sherry McKibben,Neighborhood Resources Director] e. Authorize the City Manager to accept an award by the Texas Department of Public Safety and the Houston- Galveston Area Council for a Homeland Security Grant in the amount of $65,000.00. [Dr. Sherry McKibben, Neighborhood Resources Director] f. Authorize the City Manager to accept the 2014 Victims' Service Coordinator Grant for $47,420.90, and allocate $11,855.22 cash match.[Dr.Sherry McKibben,Neighborhood Resources Director] Councilmember Olson moved to approve items a b c and f on the consent agenda and was seconded by Councilmember Humphrey. Councilmember Humphrey asked to pull item d and Councilmember Johnson asked to pull item e. The motion passed unanimously. a. Councilmember Humphrey moved to authorize the City Manager to apply for a Houston—Galveston Area Council(H-GAC) Municipal Solid Waste Grant for no more than $25,000, with a$2,500 match and approve Resolution 2014-02 in support of same, and was seconded by Councilmember Montgomery. The motion passed unanimously. Councilmember Johnson moved to authorize the City Manager to accept an award by the Texas Department of Public Safety and the Houston-Galveston Area Council for a Homeland Security Grant in the amount of$65,000.00 and was seconded by Councilmember Loll. The motion passed unanimously. 7. STATUTORY AGENDA a. Presentation, discussion, and possible action to adopt Ordinance 2013-46, to amend the City of Huntsville Development Code, adding a new chapter, Chapter 17, Historic Preservation, second reading. [Aron Kulhavy, Director of Community and Economic Development] Councilmember Olson moved to adopt Ordinance 2013-46 to amend the City of Huntsville Development Code adding a new chapter, Chapter 17, Historic Preservation, and was seconded by Councilmember Humphrey. Councilmember Montgomery asked about property owners who were not interested in receiving a requested designation. Aron Kulhavy, Director of Community and Economic Development, covered the process, including the ability of the Historic Preservation Commission and Planning and Zoning Commission to make recommendation to the City Council, following notice and public hearing. He said an ordinance would then be required, with two readings, at City Council level. Councilmember Montgomery was also told there were minimum maintenance requirements on the property owner. Councilmember Emmett asked what advantages there were to a property owner, and Mr. Kulhavy said there were none at this time, that the chief incentive was to ensure maintenance in an appropriate historical context. Mr. Kulhavy said the City would have the benefit of applying for a Certified Local Government status, which could enable grants and other assistance. Councilmember Allen moved to postpone indefinitely until all of Mr. Smither's questions from the last meeting were answered for the Council. The motion died for lack of a second. Councilmember Olson asked what remedies the City would have for a designated structure that fell into disrepair. Mr. Kulhavy said there was nothing additional in this ordinance but would have the same tools used to enforce other ordinances such as fines or withholding of permits, among others. The Mayor said he felt Huntsville was benefitted by its heritage and historic sites and that preservation would help keep the community attractive and enhanced by encouraging adaptive reuse. Councilmember Montgomery moved to postpone to the next meeting and was seconded by Councilmember Allen. The motion passed, 5-3. Councilmembers Humphrey, Olson, and Johnson voting against the motion to postpone. b. Presentation, discussion, and possible action to adopt Ordinance 2014-02 to amend the City of Huntsville Development Code by removing Section 504 Noise Control and Table 5-2 Table of Noise Standards from Chapter 5,first reading. [Aron Kulhavy, Director of Community and Economic Development] There were no comments. 8. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. City Manager's Report 1. Updates on City construction, grants,studies,City projects,City purchases,and economic development. There were no comments. 9. PUBLIC COMMENT a. Related to any City business—2 minutes per speaker There were no comments. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 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 Chamber of Commerce is hosting the City's State of the City address on Thursday, Oct. 17 at the Storm Shelter,from 5:30-7:30 pm. The Chamber's annual Evening of Prayer will be at the Walker County Courthouse gazebo at 6 p.m. on Sunday, October 20. Kimm Thomas, Director of Tourism and Cultural Services, announced the Statue's 19"' Anniversary on Tuesday, October 22 at noon at the Statue. Councilmember Humphrey noted the 100'" birthday of Lela Hebert, and also that SHSU was currently rated number two in the nation and would be on television. The Mayor said he was going to Johnson Coliseum following the meeting for the Dig Pink Breast Cancer Awareness volleyball game for Alpha Omega Academy. 12. ADJOURNMENT Mayor Woodward adiourned t6e meeti 7: 3 Dm. i Respectfully submitted, Lee Woodward,City Secr ary