Minutes - 07/21/2015
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21 DAY OF JULY 2015, 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: Mac Woodward, Andy Brauninger, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe
Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary
WORKSHOP \[5:00 P.M.\] – The City Council will meet with the Planning & Zoning Commission to discuss the proposed
updates to the Development Code, including subdivision plat review. \[Aron Kulhavy, Director of Community & Economic
Development\].
The City Council and the Planning and Zoning Commission discussed current and potential process options for major subdivision
plat approval decisions.
MAIN SESSION \[6:00 P.M.\]
1. CALL TO ORDER - Mayor Woodward called the meeting to order at 6:05 p.m.
2. INVOCATION AND PLEDGES – Councilmember Brauninger gave an invocation and Kristen and Karson Harrell from the Boys
& Girls Club led the pledges.
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 July 7, 2015. \[Lee Woodward, City Secretary\]
b. Authorize the City Manager to accept the Emergency Management Performance Grant (EMPG) for FY14-15, in the
amount of $18,614.35. \[Dr. Sherry McKibben, Director of Neighborhood Resources\]
c. Approve tax sale bid for trust property GEO ID 3323-037-0-01900, Property ID 26176, Elkins Lake - Section 3A,
Block 37, Lot 19, as recommended by the Walker County Appraisal District. \[Steve Ritter, Finance Director\]
d. Authorize the City Manager to enter into an agreement for a building encroachment into the City right of way for
the property located at 1010 University Avenue. \[Aron Kulhavy, Director of Community and Economic
Development\]
Councilmember Olson moved to approve the consent agenda; the motion was seconded by Councilmember
Montgomery. Motion was adopted unanimously, 9-0.
4. STATUTORY AGENDA
a. Presentation, public comment, discussion, and possible action to consider Decision Packages as recommended
by the Planning and Zoning Commission for items to be included in the Development Code update. \[Aron Kulhavy,
Director of Community and Economic Development\]
- Billboards
- Historic Preservation
- Subdivision Plat Approval
- Mobile Homes Outside of Parks
- Mobile Home Parks
Billboards - Councilmember Olson moved adopt Code Section 8.700, the motion was seconded by Councilmember
Johnson.
Councilmember Montgomery moved to amend the main motion to prohibit all new billboard construction in the city limits
and in the extraterritorial jurisdiction (ETJ), the motion was seconded by Councilmember Brauninger. The motion to amend
was adopted, 7-2, Councilmembers Emmett and Allen voting against.
The main motion as amended was adopted, 7-2, Councilmembers Emmett and Allen voting against.
Historic Preservation – James Patton, Cheryl Spencer, and Laura Bruns spoke in support of the Planning and Zoning
Commission’s recommendation to allow the City Council, Historic Preservation Commission, and property owners initiate
the designation process.
Councilmember Humphrey moved to amend the Historic Preservation Decision Package as adopted on July 7, 2015, to
remove the words “subject to the approval of the property owner” and to be adopted as recommended by the Planning and
Zoning Commission, allowing the City Council, Historic Preservation Commission, or the property owner to initiate the
process for historic designation on a property; the motion was seconded by Councilmember Johnson. Motion failed, 2-7,
Councilmembers Johnson and Humphrey voting in support.
Mayor Woodward moved to ratify the motion adopted by the City Council on July 7, 2015 (to allow for the property owner,
or the Historic Preservation Commission (HPC), or the City Council to initiate request, subject to the approval of the
property owner) and was seconded by Councilmember Montgomery. The motion was re-adopted, 8-1, Councilmember
Emmett voting against,
Subdivision Plat Approval - Councilmember Montgomery moved to approve Option 2 for the Subdivision Plat Approval
Decision Package (revise major subdivision plat approval to allow for City Council consideration of plats) and to postpone
the item until the City Council can determine what the process will be; the motion was seconded by Councilmember Allen.
The motion was adopted, 8-1, Mayor Woodward voting against.
Mobile Homes Outside of Parks – (Councilmember Humphrey signed an Affidavit of Conflict of Interest and did not take
part in this item.) Margaret Taylor, Dr. Richard Watkins, Joyce Parker, Blake Irving, John Escobedo, Diane Mack, Gary
Adamek, Jerry DeWitt, Scott Cannon, Mark Smith, Kelsey Smith, Les Stone, Mader Hedspetch, Donna Pinon, and Linda
Thompson urged the City Council to permit the placement of mobile homes outside of parks.
Councilmember Montgomery moved to adopt Option 1, to allow placement of mobile homes in management districts similar
to current practice; the motion was seconded by Councilmembers Emmett and Brauninger. The motion was adopted
unanimously, 8-0.
Mobile Home Parks - (Councilmember Humphrey signed an Affidavit of Conflict of Interest and did not take part in this
item.) Linda Thompson asked the City Council to continue its work with the community and local manufactured home
vendors to address these issues. City Manager Matt Benoit pointed out the item was no long an issue following the last
vote. The Mayor called for a recess.
b. Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2015-33,
amending Chapter 24, Land Development, of the Code of Ordinances of the City of Huntsville, Texas to adopt the
updated Development Code of the City of Huntsville, Texas, second reading. \[Aron Kulhavy, Director of
Community and Economic Development\]
Councilmember Olson moved to postpone adoption until the August 18 meeting and was seconded by Councilmember
Montgomery. The motion was unanimously adopted, 9-0.
c. FIRST READING - Presentation, public comment, discussion, and possible action to consider authorizing the City
Manager to sign Addendum #1, in the amount of $1,023,000, to the Construction Manager at Risk Agreement with
Anchor Construction for the City of Huntsville Transfer Station. \[Matt Benoit, City Manager, and Carol Reed,
Director of Public Works\]
Councilmember Olson moved to suspend the Rules of Procedure as permitted under Section 9 and waive the second
reading, the motion was seconded by Councilmember Johnson. The motion passed unanimously. Councilmember Olson
moved to authorize the City Manager to sign Addendum #1, in the amount of $1,023,000, to the Construction Manager at
Risk Agreement with Anchor Construction for the City of Huntsville Transfer Station, the motion was seconded by
Councilmember Johnson. The motion was unanimously adopted, 9-0.
d. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance
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2015-34, changing the intersection traffic control from a 2-Way STOP to a 4-Way STOP at the intersection of 10
Street and Avenue N, first reading. \[Y. S. “Ram” Ramachandra, City Engineer\]
(First reading, no action taken.)
e. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance
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2015-36, changing the intersection traffic control from a 2-Way STOP to a 4-Way STOP at the intersection of 14
Street and University Avenue, first reading. \[Y. S. “Ram” Ramachandra, City Engineer\]
(First reading, no action taken.)
f. Presentation, public comment, discussion, and possible action to consider approving Resolution 2015-13
authorizing proceeding with issuance of City of Huntsville, Texas combination Tax and Revenue Certificates of
Obligation and further directing the publication of notice of intention to issue such Certificates of Obligation for
the Transfer Station; and other matters related thereto. \[Steve Ritter, Finance Director\]
Councilmember Olson made a motion to approve Resolution 2015-13 authorizing proceeding with issuance of City of
Huntsville, Texas combination Tax and Revenue Certificates of Obligation and further directing the publication of notice of
intention to issue such Certificates of Obligation for the Transfer Station; and other matters related thereto; the motion was
seconded by Councilmember Humphrey. The motion was adopted unanimously, 9-0.
g. FIRST READING - Presentation, public comment, discussion, and possible action to consider adopting Ordinance
2015-35 amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 48 “Vehicles for Hire”;
making other provisions and findings thereto; and declaring an effective date, first reading. \[Aron Kulhavy,
Director of Community and Economic Development, and Assistant Chief of Police Darryle Slaven, Department of
Public Safety\]
(First reading, no action taken.) Bart Davis spoke as a representative of the owner of the bus terminal building, listing the
advantages of the current terminal as he perceived them, and asked the City Council fully consider the item before voting.
An unnamed representative of Greyhound spoke on their curbside service business plan.
5. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2015-28,
amending the City of Huntsville City Council Rules of Procedure; making various other finds and provisions
related thereto; and declaring an effective date, second reading. \[Matt Benoit, City Manager\]
Councilmember Olson moved to adopt Ordinance 2015-28, amending the City of Huntsville City Council Rules of
Procedure; making various other finds and provisions related thereto; and declaring an effective date, and to amend it by
entering “three” in the blank in Exhibit A, 3.03d; the motion was seconded by Councilmembers Johnson and Montgomery.
Councilmember Brauninger moved to postpone the item until the City Attorney was able to present a written opinion that
the Ordinance was in accordance with the spirit of the Texas Open Meetings Act (TOMA), the motion was seconded by
Councilmember Allen. Councilmember Olson moved that the City Attorney give his opinion in open session, the motion was
seconded by Councilmembers Johnson and Humphrey. The motion passed unanimously, 9-0. The City Attorney said he
agreed about the potential for a violation, but noted that there was nothing to prohibit the Council from requiring more than
one Councilmember to place an item on an agenda, and cautioned the Council about self-governance. The motion to
postpone failed, 3-6, Councilmembers Brauninger, Allen, and Rodriquez voting in support.
The main motion was adopted, 5-4, Councilmembers Allen, Brauninger, Emmett, and Rodriquez voting against..
b. Presentation, public comment, discussion, and possible action to ratify nominations for consideration for appointment to
Houston-Galveston Area Council (H-GAC) committees. \[Mayor Woodward\]
Mayor Woodward moved his nominations for consideration for appointment to Houston-Galveston Area Council (H-GAC)
committees (Dessie Cherry for the Aging Programs Advisory Committee, Mark Short and Esther Herklotz for the Solid
Waste Management Committee). Motion was adopted unanimously, 9-0.
c. Presentation, public comment, discussion, and possible action to appoint Councilmembers Emmett, Olson, and
Rodriquez to the Rules of Procedure Review Ad Hoc Committee. \[Mayor Woodward\]
Mayor Woodward moved his nominations of Councilmembers Emmett, Olson, and Rodriquez to the Rules of Procedure
Review Ad Hoc Committee. Motion was adopted unanimously, 9-0.
d. City Manager’s Report – FY15-16 budget preparation update by Finance Director Steve Ritter.
Without objection, a budget and economic development special session was suggested for July 28 at 6 p.m.
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 were received by noon on July 14, 2015.
7. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media 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.)
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Feel the Sting! Day will be August 28, 2015, the date of the Hornets’ first game this fall. Show your support of our schools
by ordering a flag from the Chamber of Commerce at 295-8113!
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HISD is sponsoring a summer lunch program, which is free to children 18 and younger, and at a significantly reduced cost
to adults. Call 293-2681 for a list of times and locations.
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Relay for Life of Walker County and SHSU will be holding a Bowl Over Cancer Bowling Tournament on August 1 at noon
at Huntsville Lanes. Call 577-1482 for more information.
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The Huntsville Public Library and the Walker County Genealogical Society will host their annual Genealogy Weekend July
31 and August 1. Contact is Mary Kokot at 291-5471.
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The Wynne Home is hosting a luau on August 1, from 4-8, call 291-5424 for more information.
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The Huntsville Public Library is holding a number of upcoming events, including an estate planning seminar and free
Spanish classes. Find all the information at www.MyHuntsvilleLibrary.com
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The Mayor wished Linda Pease a speedy recovery and extended the Council’s thoughts to Mary Joyner.
Councilmember Humphrey announced a fund raiser at the Fairgrounds Friday night, and also remembered former employee
Sonny Davidson. She also shared her experience at the Central East Texas Alliance (CETA) seminar recently, encouraging
people to go out and visit with their constituents and not worry about those who don’t want to move forward.
Councilmember Brauninger spoke of his pleasure during Lt. Col. Allen West’s recent visit to the community and inspiring
speech.
9. EXECUTIVE SESSION
a. The City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.071 – consultation with counsel on legal matters to receive legal advice on the Trinity River Authority (TRA)
construction contract for the expansion of the water plant. \[Leonard Schneider, City Attorney\]
b. The City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.071 – consultation with counsel on legal matters McDonald Creek drainage regarding wetlands designation
and the U.S. Corps of Engineers permit; and Section 551.072 – deliberation regarding purchase, exchange, lease
or value of real property on McDonald Creek drainage regarding wetlands designation and the U.S. Corps of
Engineers permit. \[Leonard Schneider, City Attorney, Matt Benoit, City Manager\]
The Mayor adjourned the Council into Executive Session at 10:19 p.m.
10. RECONVENE
a. Take action, if necessary, on items addressed during Executive Session.
The Council reconvened at 11:17 p.m. No action was taken.
11. ADJOURNMENT
Mayor Woodward adjourned the meeting at 11:18 p.m.
Lee Woodward, City Secretary