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Minutes - 09/04/2018 th MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 4 DAY OF SEPTEMBER 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, Keith D. Olson, Paul Davidhizar, Clyde D. Loll, Joe P. Rodriquez COUNCILMEMBERS ABSENT: Tyler McCaffety OFFICERS PRESENT: Aron Kulhavy, City Manager; Lee Woodward, City Secretary; Leonard Schneider, City Attorney 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 Evelyn Lopez, Andrew Garcia, Samantha Banuelos, Juanito Gallegos, Diana Gallegos, and Amiel Saucedo of Ballet Folklorico led the pledges. 1. PUBLIC HEARING a. The City Council will receive public comment regarding their consideration of the proposed budget for the City’s 2018–2019 Fiscal Year (Tax Year 2018). \[Aron Kulhavy, City Manager and Steve Ritter, Finance Director\] The Mayor opened the public hearing at 6:04 p.m. City Manager Aron Kulhavy gave a presentation on the proposed budget. Tim Davis offered public comment. The Mayor announced that the public hearing closed at 6:31 p.m. b. The City Council will receive public comment regarding their consideration to adopt a maximum property tax rate of $0.3666 per $100 valuation for the City’s 2018–2019 Fiscal Year (Tax Year 2018). \[Steve Ritter, Finance Director\] The Mayor opened the public hearing at 6:32 p.m. Tim Davis offered public comment. The Mayor closed the public hearing at 6:40 p.m. 2. 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 August 21. \[Lee Woodward, City Secretary\] b. Authorize the City Manager to enter into a contract for the construction of the West Fork Tanyard Creek Sanitary Sewer Project, Project No. 16-10-03, second reading. \[Y. S. “Ram” Ramachandra, City Engineer\] c. Approve a request by the Walker County Election Office to allow the HISD races to be placed before the City items on the November 6, 2018, ballot. \[Lee Woodward, City Secretary\] Mayor Pro Tem Olson moved to approve the consent agenda; the motion was seconded by Councilmember Rodriquez. The motion was adopted, 8-0. 3. STATUTORY AGENDA a. Presentation, discussion, public comment, and possible action to consider adopting Ordinance 2018-33, to change the Development District Classification of a portion of 1107 Southwood Drive from Neighborhood Conservation to Management, second reading. \[Janet Ridley, City Planner\] Councilmember Rodriquez moved to deny Ordinance 2018-33, to change the Development District Classification for 1107 Southwood Drive, being 0.66-acre out of Lot 12 of the Southwood Subdivision, from Neighborhood Conservation to Management as recommended by the Planning Commission; the motion was seconded by Councilmember Allen. The motion was adopted, 6-2, Mayor Pro Tem Olson and Councilmember Emmett voting against. b. Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to enter into a contract for the construction of 2016 Bond Proposition 3 Waterline Projects – Project Nos. 17-01-01.6 through 17-01-01.9, first reading. \[Y. S. “Ram” Ramachandra, City Engineer\] Councilmember Rodriquez moved to waive the second reading per the provision in the City Council Rules of Procedure; the motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 7-1, Councilmember Emmett voting against. Councilmember Rodriquez moved to authorize the City Manager to award a construction contract in the amount of $8,212,275.00 to Condie Construction Co., for the construction of the 2016 Bond Proposition 3 Waterline Projects – Project Nos. 17-01-01.6 through 17-01-01.9; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0. c. 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 projects for pump stations and a 2MG ground storage tank – Project Nos. 17-01-01.3, 17-01-01.4, and 17-01-01.5, and approve Ordinance 2018-35 amending the CIP budgets for Proposition 3 projects, first reading. \[Y. S. “Ram” Ramachandra, City Engineer\] Councilmember Rodriquez moved to waive the second reading per the provision in the City Council Rules of Procedure; the motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 7-1, Councilmember Emmett voting against. Councilmember Rodriquez moved to authorize the City Manager to award the construction contract in the amount of $8,867,800.00 to Wharton–Smith, Inc., for the construction of the 2016 Bond Proposition 3 projects for pump stations and a 2MG ground storage tank, Project Nos. 17-01-01.3, 17-01-01.4 and 17-01-01.5, and approve Ordinance 2018-35 amending the CIP budgets for Proposition 3 projects; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0. 4. 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). The motion was adopted 8-0, Cemetery Advisory Board - Joe Boaz, reappointment City of Huntsville, Texas Veterans Affairs Advisory Board - Joe Whitehead, initial appointment Parks and Recreation Advisory Board - Chris Cirrito, reappointment b. Presentation, public comment, discussion, and possible action to consider decision packages for the FY2018-19 Budget. \[Steve Ritter, Director of Finance, and Aron Kulhavy, City Manager\] Councilmember Davidhizar asked to pull Decision Package 3. Councilmember Davidhizar signed an Affidavit of Conflict of Interest and did not participate in the discussion or vote on that item. Councilmember Allen asked to pull Decision Package 7. Councilmember Humphrey moved to approve Decision Packages 1, 2, 4, 5, and 6; the motion was seconded by Mayor Pro Tem Olson. The motion was adopted, 8-0. Mayor Pro Tem Olson moved to approve Decision Package 3; the motion was seconded by Councilmember Humphrey. The motion was adopted, 7-0. Councilmember Rodriquez moved to approve Decision Package 7; the motion was seconded by Councilmember Humphrey. Councilmember Allen moved to amend the package to use unallocated reserve to bring the police department up to the market pay level in the study; the motion was seconded by Councilmember Rodriquez. Councilmember Davidhizar moved to postpone the item to the next City Council meeting. Discussion was permitted to continue. The motion was adopted, 8- 0. c. Presentation, public comment, discussion, and possible action on the FY 2018–2019 Budget. \[Steve Ritter, Finance Director\] Mayor Pro Tem Olson moved to postpone the adoption of the FY 2018-2019 Budget and place on the agenda for the next regular or special City Council meeting in September; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0. 5. 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 were received by noon on Tuesday, August 28, 2018. 6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA No media inquiries were made. 7. 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 shared a photograph of Councilmember Rodriguez on vacation in Alaska. He announced that registered voters recently received a postcard in the mail with updated information about the 2016 Bond Projects for Proposition 3. Mayor Pro Tem Olson reminded citizens if they did not receive the bond update postcard, they may need to check their voter registration. He added that the public can find all the information about this fall’s general election at HuntsvilleTX.gov/Elections. Councilmember Humphrey encouraged residents to “accentuate the positive!” by emailing her good news about the community at THumphrey@HuntsvilleTX.gov. She gave kudos to the new storage facility in town, Climatec, for reaching out to neighbors facing the rear of the building to let them choose the paint color. She also noted her daughter’s business made the front page of Sunday Huntsville Item. Councilmember Allen said it was that time of year again, for the 2018 State of the City, which will be held from 5:30 to 7 p.m., Tuesday, October 30, at the Walker County Storm Shelter, located at 445 State Highway 75 North. He encouraged all to attend, meet staff, and get updates about projects taking place from one end of Huntsville to the other. Councilmember Rodriguez invited citizens to listen to the Mayor’s recent Around Town interview with KSAM’s Larry Crippen. The interview included information about bringing visitors to Huntsville, Prop. 3 updates, and the I-45 widening. He said the full interview is available on the Mayor’s bio page on HuntsvilleTX.gov/Council. City Manager Kulhavy recognized Brent Sherrod as the new City Public Works Director, effective October 1. 8. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal matters and 551.087 – deliberation regarding economic development negotiation, concerning Projects Action and Carve. \[Aron Kulhavy, City Manager\] b. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City Secretary Lee Woodward, City Secretary. The Council adjourned to Executive Session at 7:26 p.m. 9. RECONVENE a. Take action on Executive Session items, if necessary. The Council reconvened at 7:41 p.m. Mayor Pro Tem Olson moved to approve authorized the City Manager to enter into a Chapter 380 agreement with Weatherford, U.S., L.P., to incentivized capital improvements and job creation through a waiver of permit fees, rebate of property taxes, and a financial incentive for job creation; the motion was seconded by Councilmember Humphrey. The motion was adopted, 8-0. The Council adjourned into Executive Session again at 7:42 p.m. and reconvened at 8:04 p.m. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 8:04 p.m. Lee Woodward, City Secretary