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Minutes - 05/20/2014 TH MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20 DAY OF MAY 2014, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:30 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, Andy Brauninger, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez COUNCILMEMBERS ABSENT: Lydia Montgomery OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ WORKSHOP – The Department of Tourism and Cultural Services will present their new video and promotional information to the City Council. (Councilmember Allen was not present for the workshop.) Mayor Woodward called the workshop to order at 5:30 p.m. The Council thanked Kimm Thomas, Director of Tourism and Cultural Services, and made suggestions for modifications to the materials. 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 Johnson gave an invocation and YMCA preschoolers of the YMCA led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Public Works Week Proclamation – Carol Reed, Director of Public Works, introduced Public Works Directors, Superintendents, and key staff members who joined the Council for the proclamation. - Andrea Harris of Huntsville Memorial Hospital invited all to attend their Neon for Neurons Color Fun Run on May 30. 4. PUBLIC COMMENT Jerry DeWitt spoke on Debbie Randolph’s May 6 public comment. Walter Boyd, Sr. spoke in support of Councilmembers Humphrey and Allen. Jerry DeWitt spoke in opposition to the proposed updates to the Rules of Procedure and on his lawsuit. Charles Smither, Jr. commented on item 8c, asking the Council to speak to sections on “use of access easements” and the ordinance for “sample manufactured housing parks.” 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 and Special Sessions held on May 6, 2014. \[Lee Woodward, City Secretary\] b. Adopt Ordinance 2014-33, amending the FY13-14 budget. \[Steve Ritter, Finance Director\] c. Authorize the City Manager to apply for the 2014 Texas Parks and Wildlife Community Outdoor Outreach Program (COOP) Grant and adopt the associated Resolution 2014-12. \[Dr. Sherry McKibben, Neighborhood Services Director\] d. Adopt Resolution 2014-13, authorizing the City Manager to apply for the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and to enter into an interlocal agreement with Walker County. \[Dr. Sherry McKibben, Neighborhood Services Director\] e. Authorize the Mayor to replace Chandra Steinback with Lindsey Owings as the alternate Labor Standards Officer (LSO) for the Texas General Land Office – Disaster Recovery Grant. \[Dr. Sherry McKibben, Neighborhood Services Director\] Councilmember Olson moved to approve the consent agenda items a, d, and e, and was seconded by Councilmember Brauninger. Councilmember Humphrey asked to pull item c and Councilmember Brauninger asked to pull item b. The motion passed unanimously, 8-0. Councilmember Olson moved to adopt Ordinance 2014-33, amending the FY13-14 budget, and was seconded by Councilmember Johnson. The motion passed unanimously, 8-0. Councilmember Brauninger moved to authorize the City Manager to apply for the 2014 Texas Parks and Wildlife Community Outdoor Outreach Program (COOP) Grant and adopt the associated Resolution 2014-12, and was seconded by Councilmember Olson. Councilmember Humphrey asked the Council acknowledge what it was purchasing and implementing. The motion passed unanimously, 8-0. 6. EXECUTIVE SESSION a. 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. The Council adjourned into Executive Session at 6:38 p.m. 7. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. The Council reconvened at 7:27 p.m. No action was taken. 8. STATUTORY AGENDA a. Presentation, discussion, and possible action to authorize the City Manager to award a construction contract to 5-T Utilities, Inc. for waterline replacement along U.S. Hwy 190 project construction and adopt Ordinance 2014-30 for the associated budget amendment, second reading. \[Y.S. Ramachandra, City Engineer\] Councilmember Brauninger moved to authorize the City Manager to award a construction contract to 5-T Utilities, Inc. for waterline replacement along U.S. Hwy 190 project construction and adopt Ordinance 2014-30 for the associated budget amendment, and was seconded by Councilmembers Humphrey and Allen. The motion passed 6-2, Councilmember Olson and Mayor Woodward voting against. b. Presentation, discussion, and possible action on a facilities maintenance assessment. \[Joseph Wiggs, Director of Parks and Leisure\] Gary Wine of Huitt-Zollars presented the results of the assessment and made recommendations based on their findings. c. Presentation, discussion, and possible action on the Development Code Revision process. \[Aron Kulhavy, Director of Community and Economic Development\] Aron Kulhavy, Director of Community and Economic Development, discussed base zoning, manufactured homes, and lot standards, hearing Council concerns on property rights, homeowner protections, and oversight. The Mayor suggested extensive public engagement on the issues. (Councilmember Humphrey signed a Conflict of Interest form and did not participate in the portion of the discussion on mobile or manufactured homes.) 9. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, and possible action to adopt Ordinance 2014-33 on the proposed City Council Rules of Procedure, second reading. \[Mayor Woodward\] Councilmember Humphrey moved to adopt Ordinance 2014-33 for the proposed City Council Rules of Procedure and was seconded by Councilmember Rodriquez. Councilmember Humphrey moved to amend the proposed Rules of Procedure by striking from 7.03(a)(2) the sentence “A limit of one (1) hour is established for completing public comments regarding agenda items.” and was seconded by Councilmember Rodriquez. The amendment passed unanimously, 7-0 (Councilmember Olson was away from the room when the vote on the amendment was taken.) The motion passed unanimously, 8-0. b. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. There was no report. 10. PUBLIC COMMENT Jerry DeWitt asked for clarification on “old” version of 3.16 of the Rules of Procedure. 11. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 12. 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 made the following announcements: - Please make your nominations for the Walker County Big Tree Registry! Visit the Natural Preservation Ad Hoc Committee page on the City web site. - Remember to drop off old, dirty, tattered flags at City Hall or the County courthouse this month. Boy Scout Matthew Fields is collecting them for appropriate destruction at the end of the month as his Eagle Scout project. - The Farmer’s Market has begun! Every Saturday morning on the east side of the Square. Support local growers! rd - 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. Music, hot dogs, catfish, and cupcakes, co-sponsored by the American Legion, Sugar Skull Sweets, and the Texas Music Pickers - Former Navy SEAL Jack Walston is holding the Sons of Warriors summer camp for sons of Texas veterans, ages 9- 14, here in Walker County June 26-29, visit www.FitAmericaFoundation.org for more information. - The Texas State Association of Parliamentarians (TSAP) will be holding their annual conference and workshops in Huntsville on May 30-31. Register online at www.texasparliamentarians.org. th - Register a team for the 11 Annual Huntsville Beautification Golf Tournament on May 23 at noon at the Raven Nest Golf Course for a 1 p.m. shotgun start! The tournament will help the City’s Parks Department increase wildflower plantings around the community. Call 294-5708 for more information. Councilmember Humphrey congratulation the SHSU Baseball Team for their championship win, and reminded all that non- working streetlights can be reported to Entergy through the City website and smartphone app. Councilmember Brauninger encouraged everyone to vote in the primary runoffs. 13. ADJOURNMENT Mayor Woodward adjourned the meeting at 9:40 p.m. Respectfully submitted, Lee Woodward, City Secretary