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Minutes - 11/12/2013 KNNUTESFROM THE HUNTSV �� � � ��UN�U_���T�� HGL��� TH� 1�m � � DAY OF NOVEMBER 2013, |NTHE CITY HALL,LOCATED AT12M2 AVENUE D0|NTHE CITY OFHUNTSVLLE,COUNTY Of WALKER,TEXAS,AT$:DUPM. The Council met mv regular session with the following: -- coummLMEMesRSpesSEmr Mac Woodward, Lydia Muntgvm*ry,nonh D. Olson,Don H.Jvonw^n,Joe Emmett,nso xvmnomv,Ronald Allen, Clyde Loll coumo/LMeMasnn ABSENT:None OFFICERS PRESENT:Matt Benoit,City Manager,Leonard Schneider,City Attorney,Lee Woodward,City Secretary MAIN SE8S|ON[6:00PWg 1. CALL TO ORDER 2. INVOCATION AND PLEDGES — Counci|momber-elect Andy Bneuninger gave an invocation and guest pledger Markay|a Johnson ofAKAdemy Emerging Young Leaders led the pledges. 3. PUBLIC HEARING m. The City Council will receive ambYix input on Ordinance 2014'02, to amend the City of Huntsville Development Code. removing Section 604 Noise Control and Table 5-2 Table of Noise Standards from Chapter 5. [Aron Ku|hmvy'Director ma Community and Economic Development) Mayor Woodward opened the hearing at 6:02 p.m. The Mayor closed the hearing at 6:03 p.m. 4. PUBLIC COMMENT a. Related mo any City business not nn the agenda 2 minutes per speaker b. Related oo any matter mn the agenda—6 minutes per speaker Cnund|membe+e|oot Andy 8rouninger, on behalf of himself and Counci|membepe|ect Joe Rudriquez, thanked the Counci|.City Manager,City Secretary,and staff for their hospitality and assistance during their candidacy and orientation. John Smithor asked the Council to consider revisions to the proposed Historic Preservation ordinance to be fully voluntary. George Russell spoke in support of the current ordinance wording. Laura Bruns asked for support of the ordinance and its relation to the Main Street program. Cheryl Spencer also provided her backing for the current ordinance. 5. CONSENT AGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request ofe member ofCounuil.) m. Approve the mn\wwteo of the City Council Regular Session held on October 16, 2013' [Lee #Vmmdwmm6' City Secretary] Councilmember Johnson moved to approve the consent acienda and was seconded by CouLicilmember Montgomery. The motion Passed unanimously. 8' STATUTORY AGENDA o. Presentation, discussion, and possible action to adopt Ordinance 2013'46. to amend the City of Huntsville Development Code, adding m new chapter, Chapter 17, Historic Preservation, third reading. [Aron Km|hexy. Director of Community and Economic Development] Councilmember Johnson 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 Olson. Cuunui|member Allen expressed concern for the City designating properties to be brought under the ordinance. Counci|member Emmett asked how the Main Street position would be affected by the vote and was told the option would probably be to pay for it from general *undm, if the ordinance did not pass. The Mayor noted o Historic Preservation Officer could m1iU be funded and paid for from hotel occupancy tax funds even without the ordinance. Cound|member Humphrey acknowledged the concerns of business and building mwnono but weighted it against the protection of historicity. Counoi|membar Olson said the ordinance could be revised but that the City Council had taken long enough. Councilmember Olson moved to amend the ordinance to remove the involuntary portion (Section 1704,1)of the proposaf. Councilmember Montgomery seconded the motion. ' The City Attorney confirmed with Aron Ku|hovy. Director of Community and Economic Development, that a group of property owners would bu required to petition the City Voestablish a historic district, if the involuntary language removed. The motion passed 6-2, Councilmembers Allen and Emmett voting against. The motion to amend passed, 7-1, Mayor Woodward voting against. The amended main motion passed,6-2.Councilmembers Allen and Emmett voting against. �� b. Presentation, discussion, and possible action to adopt Ordinance amend the City ofHuntsville Development Code by removing Section 504 Noise Control and Table 5-2 Table of Noise Standards from Chapter 6.first reading.[Aron Ku|havy. Director of Community and Economic Development] Councilmember Olson moved to adopt Ordinance 2014-02, to amend the City of Huntsville Development Code b removing Section 504 Noise Control and Table 5-2 Table of Noise Standards from Chapter 5, and was seconded by Councilmember Humphrey. The motion passed unanimously. 7. MAYOR/CITY COU#C|L/C!TY88ANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, and possible action to ratify Resolution 2014-03, making nominations for the Walker County Appraisal District(VVCAD)Board nf Directors 2n1w ballot.[Mayor Woodward] Mayor Woodward moved to ratify Resolution 2014-03, making nominations for the Walker County Appraisal Distri (WCAD)Board of Directors 2014 ballot and was seconded by Councilmember Olson. The motion passed unanimously. b. Presentation, mVmressiom^ and possible action to adopt Resolution 2014-04, electing the 2b14 Walker County Appraisal District(VVCAD)Board of Directors.[Mayor Woodward] Mayor Woodward moved to adopt Resolution 2014-04,electing the 2014 Walker County Appraisal District(WCAD)Board of Directors and was seconded by Councilmember Loll. The motion passed unanimously. n. Presentation, discussion, and possible action to adopt Ordinance 2014'03. authorizing participation with other Enter0y service area cities in Public Utility Commission Docket No. 41860. related to change of ownership between En«e,0y Texas,Inc.and ITC Holdings,first reading.[Leonard Schneider,City Attorney] d. Presentation, discussion, and possible action tm approve nominations mfK8cKay|a Chamberlain, Dustin Nicholas Mendoza,and Lwiwon King mm open youth positions mn the Youth Advisory Board.[Mayor Woodward] Mayor Woodward moved to nominate McKayla Chamberlain, Dustin Nicholas Mendoza, and Laiton King to open youth positions on the Youth Advisory Board. The motion passed unanimously, e. Presentation, discussion, and possible action mn the nomination oV2W13 TkRZ Chairperson Don Johnson ms the 2014 Chairperson for the Tax Increment Reinvestment Zone#1 Board of Directors.[Mayor Woodward) Mayor Woodward moved to nominate 2013 TIRZ Chairperson Don Johnson as the 2014 Chairperson for the Tax Increment Reinvestment Zone#1 Board of Directors. The motion passed unanimously, f. City Manager's Report 1, Updates on City construction,grants,studies,City projects, City purchases,and economic development. Aron Ku|hovy. Director of Community and Economic Deva|mpmont, provided on update on ou|'deeoom issues on Highway 19. Carol Reed, Director of Public Works, said she had been approached by the Tenaska Development Director to ask the City to consider additional water for o potential expansion. She confirmed there was capacity available in the current line,that City supplies would not be affected, and the revenue stream from the current water oo|eo. 8' PUBLIC COMMENT o. Related to any City business—2 minutes per speaker There were nocomments. 9. MEDIA INQUIRIES RELATED TOMATTERS ON THE AGENDA Brandon Gcm# of The Huntsville Item acknowledged errors in the recount article in the morning's paper and received clarification on the historic preservation ordinance. 10- ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items�community interest from the Mayor, Councilmembers, and City staff for which no action will bo discussed orAuk*n.) The City Secretary announced the City Council would be meeting on November 14 for a public reception for Counci)memberLnU and canvassing the November 5 election; that e recount would be held on November 15; and that swearing-in and any necessary recount canvass would occur un November 18. Coundimamber Loll thanked the city,City Cnunoi|, and staff for their support in his time on Council. Counci)membe/ Humphrey thanked Walker County for the conduct uf the November 3 election and the voters for working with redistricting and photo|.D. considerations. Cuunc||member Humphrey noted GHSU Women's Volleyball Coach Brenda Gray's oldest daughter Taylor is graduating from college. She also oonrmt |�edthe gmdu��iogseniors of the GHGUfo�buUteam, noting the team io now#4inbmh the Gpu�aNetwork and FC- �oocheopouw�m1oncouege�oxe�onemmchoadma��hairpoo�unoandohonethpi,mohnm� ^�N� ~ The Mayor announced the success of the Alpha Omega girls' volleyball team this maouun, competing at the championships in Crockett last weekend, and noting the $aom would be joining the City for e very special proclamation and recap at the meeting on November 19. He also asked the public to submit any Items of Community Interest. The Mayor challenged the other members of Council to donate for Heart Walk, to be held this Saturday at the SHSU stadium track (registration at 8:30, and walking starts at 9 am). Councilmember Montgomery expressed her pleasure for Councilmember Loll's service and work on the Personnel Committee. Councilmember Humphrey reminded all of the opening of a Midsummer's Night Dream by the Huntsville Community Theater. The Mayor announced the National Guard Community Open House would be held November 20 from 4-8 p.m. at their building on Veterans Memorial. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code Chapter 651, Section 551.074 - personnel matters regarding the evaluation and job duties of City Manager Matt Benoit. [Mayor Woodward b. City Council will convene in closed session as authorized by Texas Government Code Chapter 651, Section 551.071 —counsel on legal matters -to receive legal advice on non-profit corporation exemptions from property taxes and prohibited activities.[Councilmember Olson] c. City Council will convene in close session as authorized by the Texas Government Code, Section 561.071-to receive legal advice the following legal matters: (I)Cause No. 26427 David Griffin v City of Huntsville.; (2)Cause no 9968CV:Sandy G.Clark v.City of Huntsville.[Leonard Schneider,City Attorney] The Council adiourned into Executive Session at 7:20 p.m. 12. RECONVENE a. Take action,if necessary,on items addressed during Executive Session. The Council reconvened at 9:42 p.m. No action was taken. 13. ADJOURNMENT Mayor Woodward ad*ourned the meetino at 9:42 Pm. Respectfully submitted, Lee Woodward,City Secreta