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Minutes - 07/17/2018 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 17 th DAY OF JULY 2018, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Andy Brauninger, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez, Tyler McCaffety, Clyde D. Loll, Keith D. Olson COUNCILMEMBERS ABSENT: Paul Davidhizar OFFICERS PRESENT: Aron Kulhavy, City Manager; Lee Woodward, City Secretary; Leonard Schneider, City Attorney WORK SESSION \[5:00 p.m.\] - The City Council will hear and discuss an annual pre-budget report. City Manager Aron Kulhavy explained the proposals resulting from the City’s classification and compensation study and he and Finance Director Steve Ritter reviewed with the Council a preview of the City Manager’s proposed 2018-2019 budget to date. MAIN SESSION \[6:00 p.m.\] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Mayor Brauninger gave the invocation and Megan and Joshua Hardy of HISD led the pledges. 1. PRESENTATIONS AND PROCLAMATION - TxDOT update on I-45 and area construction projects – Doug Marino, P.E. and Neal Riddle, P.E. of the Bryan office and Jace Lee, P.E. of the Huntsville office spoke on segments 2A and 2B and reminded all of the public meeting at the Walker County Shelter beginning at 4:30 p.m. on August 9. 2. PUBLIC HEARING - The City Council will hear public comment on the proposed adoption of Ordinance 2018-27 to change the Development District Classification of a portion of Block 7 of the G. A. White Subdivision from Neighborhood Conservation to Management. \[Janet Ridley, City Planner\] Councilmember McCaffety signed an affidavit of conflict of interest, left the Council chamber, and did not participate in the hearing. The Mayor opened the public hearing at 6:35 p.m. City Planner Janet Ridley outlined the proposal. Walker County Commissioner Jimmy Henry, Micah Slaughter, Colt Christian, Debra Durda, Pamela K. Olson, Tim Davis, Michael Huff, Steve Covington, Scott Hornung, Pat Speer, and Alfred Veezy gave public comment. The Mayor closed the public hearing at 7:17 p.m. 3. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (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 meeting held on June 19. \[Lee Woodward, City Secretary\] b. Adopt Ordinance 2018-26, calling the general election for November 6, 2018, general election for the purpose of electing four At-Large Councilmembers, single reading required. \[Lee Woodward, City Secretary\] c. Approve the 2018 Election Services Contract and Joint Election Agreement with Walker County for the November 6, 2018, general election for the four at-large City Council positions and any special election that may be called by the City. \[Lee Woodward, City Secretary\] d. Adopt Resolution 2018-14 designating signatories as noted and designating Dr. Sherry McKibben as the Civil Rights Officer, and adopt Resolution 2018-15 reaffirming and adopting the Civil Rights Policies, for the 2017 Texas Community Development Planning Program Grant Award Contract #7217094. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] e. Authorize the City Manager to enter into a construction contract for Rehabilitation of Manholes in RC-01 Basin, a sub-basin in Robinson Creek Watershed - Project No. 18-10-08. \[Y. S. Ram Ramachandra, City Engineer\] Mayor Pro Tem Olson moved to approve the consent agenda; the motion was seconded by Councilmember Loll. The motion for the remaining items was approved, 8-0. 4. STATUTORY AGENDA a. FIRST READING - Presentation, discussion, public comment, and possible action to consider adopting Ordinance 2018-27 to change the Development District Classification of a portion of Block 7 of the G. A. White Subdivision from Neighborhood Conservation to Management, first reading. \[Janet Ridley, City Planner\] First reading, no action necessary. Councilmember McCaffety signed an affidavit of conflict of interest, left the Council chamber, and did not participate in the hearing. Debra Durda gave public comment. b. FIRST READING - Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to enter into a contract for the construction of the 2016 Bond Proposition 3 - Elkins Lake Dam Lift Station Relocation Project, Project No. 17-11-09, first reading. \[Y. S. Ram Ramachandra, City Engineer\] First reading, no action necessary. c. FIRST READING - Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to enter into a contract for the construction of the Sanitary Sewer Line Replacement (IH-45 to Water's Edge Lift Station) Project, Project No. 16-10-05, first reading. \[Y. S. Ram Ramachandra, City Engineer\] First reading, no action necessary. d. FIRST READING - Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to enter into a contract for the Street Rehabilitation Projects, Project Nos. 17-10-05 through 17-10-07, first reading. \[Y. S. Ram Ramachandra, City Engineer\] First reading, no action necessary. 5. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Presentation, discussion, public comment, and possible action to consider approving nominees for City boards, committees, and commissions. \[Mayor Brauninger\] Mayor Brauninger moved his nominations (below). Councilmember Allen asked to pull the reappointment of Don Johnson for the TIRZ #1 Board of Directors #1. The initial motion was adopted, 8-0. The Mayor moved the nomination of Don Johnson for reappointment to the TIRZ #1 Board of Directors. Councilmember Allen moved to postpone the motion until a Councilmember applies for it. The motion to postpone failed for lack of a second. The motion was adopted 6-2, Councilmembers Allen and Emmett voting against. Board of Adjustments and Appeals – Pat Graham Cemetery Advisory Board – D’Anne Crews and James Patton Historic Preservation Commission – James Patton Huntsville Housing Authority – Robbie Bryant Huntsville Main Street Advisory Board – Cheryl Spencer Parks and Recreation Advisory Board – Rhonda Reddoch TIRZ #1 Board of Directors – Don Johnson City of Huntsville, Texas Veterans Affairs Advisory Board – Mike Christian, Tom Fordyce, and Bill Butler Zoning Board of Adjustments – Mari Montgomery b. Presentation, public comment, discussion, and possible action to consider selection of items to be included in the ordinance calling the November 6, 2018, Charter amendment special election. \[Mayor Pro Tem Olson\] Mayor Pro Tem Olson moved to include the recommended Charter amendments in the ordinance calling the November 6, 2018, Charter amendment special election, including the staff recommendation for Section 11.17, noted as Option A; the motion was seconded by Councilmember Rodriquez. The City Attorney noted a correction in the proposed ballot language for Section 4.12 to read “4.12” rather than “4.13” and asked that the proposed ballot language for Section 13.02 strike “to” and insert “so that Section 13.02 shall” before “read as follows?” There was no objection and the motion was adopted, 7-1, Councilmember McCaffety voting against. Following item 5b, Councilmember McCaffety was permitted to make a comment on 5b, to state that he supported all the recommendations other than the one for Section 11.17. c. Presentation, discussion, public comment, and possible action to consider a request by Councilmember Rodriquez to discuss water diversion on private property. \[Councilmember Rodriquez\] Councilmember Rodriguez moved to require residential builders in the city of Huntsville to submit a detailed drainage plan for a residential construction permit if certain criteria are met, i.e., the proposed structure to be constructed if within 50 feet of another property or the finished floor elevation for the lot being developed is five feet above an adjacent lot; the motion was seconded by Councilmember Humphrey. Geannie McManners gave public comment. Councilmember Rodriquez asked if the staff could allow the City Attorney some time to review the proposal. Councilmember Rodriquez moved to postpone the motion until the August 7 meeting; the motion was seconded by Councilmembers Allen, Loll, and Humphrey. The motion to postpone was adopted, 8-0. 6. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. No requests scheduled for this meeting. 7. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no inquiries. 8. 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 Brauninger announced there would be a final candidate orientation for City Council positions in the upcoming election on July 18 at 12:15 p.m., and noted that candidate packets are also available at City Hall or online. Councilmember Humphrey encouraged residents to “accentuate the positive!” by emailing her good news about the community at THumphrey@HuntsvilleTX.gov. In that spirit, she also shared the new children’s book The Story of Sam Houston Chickens, about the lives of chickens on the grounds of Sam Houston Memorial Museum, written and illustrated by SHSU students. She added that it is available at the Sam Houston Museum and that proceeds will be directed to SHSU scholarships. Councilmember Emmett asked that residents support local growers at the Downtown Farmers Market from 8 a.m. to noon on the Square every Saturday through the end of July. He added that many downtown shops and eateries will also be open. Councilmember Rodriquez invited all to the Grand Opening of the William H. Hodges Education Building at the Sam Houston Visitor Center from 5 to 7 p.m. Friday, July 20. He said the expansion has been a two-year project and that the Council hoped the residents will enjoy it fully. 9. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 51.071 to consult with the City Attorney about pending litigation: City of Huntsville v. PetersenDean Texas, Inc., 278th District Court, Walker County. \[Leonard Schneider, City Attorney\] b. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 – consultation with counsel on legal matters, concerning permitting for the sale of alcoholic beverages in the city limits. \[Leonard Schneider, City Attorney\] c. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.087 – deliberation regarding economic development negotiation, in reference to Project Carve. \[Aron Kulhavy, City Manager\]. The Council adjourned to Executive Session at 8:29 p.m. 10. RECONVENE a. Take action on Executive Session items, if necessary. The Council reconvened at 9:32 p.m. Councilmember Loll moved to accept $10,000 settlement in the case on 9a from the defendant; the motion was seconded by Councilmember Allen. The motion was adopted, 8-0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 9:33 p.m. Lee Woodward, City Secretary