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Minutes - 05/06/2014 TH MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6 DAY OF MAY 2014, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 3:00 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, Andy Brauninger, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett (present for the Regular Session), Tish Humphrey, Ronald Allen, Joe P. Rodriquez COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ SPECIAL SESSION \[3:00 P.M.\] 1. CALL TO ORDER – Mayor Woodward called the meeting to order at 3:00 p.m. (Councilmember Emmett, the City Manager, and the City Attorney were not present for the Special Session.) 2. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee for City Secretary Lee Woodward. \[Mayor Woodward\] The Mayor adjourned the City Council into Executive Session at 3:00 p.m. 3. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. The City Council reconvened at 3:30 p.m. Councilmember Montgomery moved to approve an updated contract for an increase of 3% to the City Secretary’s base salary and was seconded by Councilmember Humphrey. The motion passed, 5-3, Councilmembers Allen, Brauninger, and Rodriquez voting against.. 4. ADJOURNMENT The Mayor adjourned the meeting at 3:30 p.m. ________________________________________________________________________________________________________ WORKSHOPS – Discussion of long-term financial planning recommendations for City Funds. Followed by workshop on the proposed Rules of Procedure. Mayor Woodward called the workshops to order at 3:33 p.m. and they were completed at 5:14 p.m. (Councilmember Emmett was not present for the workshops.) The Council thanked the City Manager for his suggestions to implement long-range planning, and made adjustments to the proposed Rules of Procedure. MAIN SESSION \[6:00 P.M.\] 1. CALL TO ORDER – Mayor Woodward called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGES – Councilmember Montgomery gave an invocation and members of Boy Scout Troop 98 led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - National Police Week Proclamation - Municipal Clerks Week Proclamation - Matthew Fields, Troop 98, Eagle Scout Project - Historic Preservation Month Proclamation - Drinking Water Week Proclamation - National Tourism Week Proclamation - Youth Advisory Board, Little Free Library installation - Motorcycle Safety Month Proclamation - National Champion SHSU Women’s Bowling Team Proclamation - Recognition of Youth Leadership Institute participants 4. PUBLIC COMMENT Debbie Randolph spoke about flooding at her home. Kay Crews invited all to the 2014 Texas State Association of Parliamentarians Convention in Huntsville on May 30-31. Jerry DeWitt spoke on the length of public comments, the Highway 190 waterline, his suit against the City, and other sidewalk projects. 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 April 15, 2014. \[Lee Woodward, City Secretary\] b. Approve the Retention Incentive Payment and adopt Ordinance 2014-27 for the associated budget amendment, second reading. \[Julie O’Connell, Human Resources Director\] c. Adopt Ordinance 2014-31 suspending rates proposed by the CenterPoint GRIP filing made on March 31, 2014, second reading. \[Leonard Schneider, City Attorney\] d. Adopt Ordinance 2014-32 to amend the FY13-14 annual budget and CIP budgets. \[Steve Ritter, Finance Director\] e. Authorize the City Manager to submit an application to the Department of Justice Bulletproof Vest Program for $15,400.00. \[Dr. Sherry McKibben, Director of Neighborhood Services\] f. Authorize the City Manager to enter into a contract to lease eight (8) all-in-one copy machines for a period of 48 months with the Marimon Company through the Harris County Department of Education Cooperative. \[Steve Ritter, Finance Director\] g. Authorize the City Manager to enter into an interlocal agreement with Walker County for the operations of the new County jail facilities located at 655 FM 2821, Huntsville, Walker County, Texas, 77320. \[Steve Ritter, Finance Director\] Councilmember Olson moved to approve the consent agenda and was seconded by Councilmember Johnson. The motion for adoption of items a-f passed unanimously. Councilmember Allen asked to pull item g. Councilmember Olson moved to authorize the City Manager to enter into an interlocal agreement with Walker County for the operations of the new County jail facilities located at 655 FM 2821, Huntsville, Walker County, Texas, 77320 and was seconded by Councilmember Humphrey. The motion passed unanimously. 6. STATUTORY AGENDA a. Presentation and discussion on the proposed Texas Grand Ranch Subdivision and associated variances to be heard by the Planning and Zoning Commission on May 15. \[Aron Kulhavy, Director of Community and Economic Development\] Renee Howes of Patten Sales and Marketing and Jeff Brown of Jones and Carter, Inc., addressed road widths, water supply, fire protection, and deed restrictions for the proposal’s roughly 700-750 mostly 2+-acre lots. Aron Kulhavy, Director of Community and Economic Development, noted there would be a public hearing at the upcoming Planning and Zoning Commission meeting and that the most critical code discussions centered on infrastructure standards, especially the provision of City services if the subdivision were ever annexed by the City. Councilmember Emmett expressed concern over road surface and Councilmember Montgomery spoke of her unease in relation to water supply and fire protection in relation to subdivision access. Councilmember Olson voiced apprehension about the costs to the City for infrastructure with an annexation. 7. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, and possible action to consider a request from Habitat for Humanity for a waiver of all permit and development-related fees for the construction of a new home located at 509 7th Street. \[Councilmember Olson\] Councilmember Olson moved towaive all permit and development-related fees for the construction of a new Habitat for Humanity home at 509 7th Street and was seconded by Councilmember Johnson. (Councilmember Emmett signed a Conflict of Interest form and did not participate in the discussion or vote.) The motion passed unanimously, 8-0. b. Presentation, discussion, and possible action on nominations for the Other Post-Employment Benefits (OPEB)/Government Accounting Standards Board, Rule 45 (GASB-45) Ad Hoc Committee. \[Mayor Woodward\] Mayor Woodward nominated himself, Don Johnson, Lydia Montgomery, and Joe Emmett. The motion passed unanimously. c. FIRST READING - Presentation, discussion, and possible action to adopt Ordinance 2014-33 on the proposed City Council Rules of Procedure, first reading. \[Mayor Woodward\] Mayor Woodward commended the Committee. Chair Humphrey asked the City Secretary to update the proposed version and distribute to the Council per the workshop discussion. d. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. There was no report. 8. PUBLIC COMMENT Jerry DeWitt discussed the Texas Grand Ranch presentation in relation to other current situations in the City. 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.) Mayor Woodward announced that the Farmer’s Market is being held every Saturday morning 8-noon on the east side of the Square. He congratulated the HHS Lady Hornet Golf Team on winning the state championship. The Mayor reminded rd everyone that Mother’s Day is Sunday, May 11. He said the 3 annual Rita B. Huff Bow-Wow Band Jam fundraiser will be held Saturday, June 14, from 3-8 pm, at the Jane Monday Amphitheater, behind City Hall, featuring music, hot dogs, catfish, and cupcakes; co-sponsored by the American Legion, Sugar Skull Sweets, and the Texas Music Pickers. Councilmember Ronald Allen announced the upcoming Ward 3 Town Hall meeting Tuesday, May 13 at 6 p.m. at the Public Library and invited all to attend. Councilmember Humphrey lauded the SHSU baseball team’s win over SFA, and encouraged citizen’s to think of a positive word about the city and email it to her at thumphrey@huntsvilletx.gov. She also thanked the Mayor and the public for the weekend’s General Sam Houston Folk Festival. Councilmember Olson expressed how much he had enjoyed Dave Leiber and the events at the day’s Tourism events, noting the excellence of Aron Kulhavy’s Mythbusters presentation. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Section 551.072 – deliberation regarding purchase, exchange, lease or value of real property on projects Abby and Diego. \[Matt Benoit, City Manager, and Aron Kulhavy, Director of Community and Economic Development\] b. City Council will convene in closed session as authorized by Texas Government Code 551.071 - to receive legal advice on Cause Number 26557, City of Huntsville vs. Randy Gardner and Cause Number 26558, City of Huntsville vs. Randy Gardner and John Cooper, and Cause Number 1426923, Jerry DeWitt, Beth Newton, Troy and Betty Pagoda, and AMBI Investments, LLC, A Texas Limited Liability Company vs. City of Huntsville. \[Leonard Schneider, City Attorney\] The Mayor adjourned the City Council into Executive Session at 8:05 p.m. 12. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. The City Council reconvened at 9:27 p.m. Councilmember Olson moved to settle with Mr. Rush on the Gardner and Gardner/Cooper lawsuits and was seconded by Councilmembers Johnson and Allen. The motion passed unanimously. 13. ADJOURNMENT Mayor Woodward adjourned the meeting at 9:28 p.m. Respectfully submitted, Lee Woodward, City Secretary