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Minutes - 10/06/2015 th MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6 DAY OF OCTOBER 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 \[5:00 P.M.\] – (1) Consideration and discussion of recommendations of the Council Board and Commission Review Committee (Councilmember Montgomery, Chair); and (2) Discuss and consider City's outreach and education effort for Section 4B sales tax proposal. \[Matt Benoit, City Manager\] The Council discussed the Committee’s work and potential changes to the Youth Advisory Board, Huntsville Beautification Advisory Committee, the Huntsville Economic Development Council, and considering the discharge of the Natural Preservation Ad Hoc Committee, along with a suggestion to begin staff evaluation of Arts Commission and Hotel Occupancy Tax Board applications earlier in the year, and recommendation of a re-review of the historic preservation ordinance and associated Commission, if, in two years, no property has received the City’s designation. The City Manager shared the communications suggestions for public education on the 4B sales tax proposal and the scheduling of public meetings. 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 the invocation and Will Saumell from the YMCA 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 September 15, 2015 and the Special Joint Session with the Planning Commission on September 17, 2015. \[Lee Woodward, City Secretary\] b. Ratify a correction to the September 1, 2015 City Council Regular Session minutes. \[Lee Woodward, City Secretary\] c. Approve purchase of hardware and services for replacement of core servers and network devices used as part of the City’s technology infrastructure. \[Chris Vasquez, IT Director\] d. Authorize the City Manager to accept the 2016–17 Victims’ Service Coordinator Grant for $121,817.50, plus a $30,454.38 cash match, and adopting Resolution 2016-01 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\] e. Authorize the City Manager to award a one-year purchasing agreement for water and wastewater supplies maintained in the City of Huntsville warehouse. \[Carol Reed, Public Works Director\] f. Approve tax sale bids for trust properties, Property IDs 26432, 25832, 25512, 26352, and 26270 as recommended by Walker County Appraisal District. \[Steve Ritter, Finance Director\] Councilmember Brauninger moved to approve the consent agenda; the motion was seconded by Councilmember Montgomery. The motion was adopted unanimously, 9-0. 4. STATUTORY AGENDA a. Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to apply for a Texas Commission on the Arts Arts Respond – Cultural District Project Grant for $30,000 plus $30,000 in matching funds, and designate the City Manager as the City’s Authorized Representative. \[Dr. Sherry McKibben, Neighborhood Resources Director, and Kimm Thomas, Director of Tourism and Cultural Services\] John K. Smither, Tamara Chasteen, Dana Nicolay, Una Grace Nash, and Nancy Gaertner spoke in support of both items 4a and 4b. Councilmember Montgomery moved to authorize the City Manager to apply for a Texas Commission on the Arts Arts Respond – Cultural District Project Grant for $30,000 plus $30,000 in matching funds, and designate the City Manager as the City’s Authorized Representative; the motion was seconded by Councilmember Humphrey. The motion was adopted unanimously, 9-0, b. Presentation, discussion, public comment, and possible action to authorize the City Manager to apply for a Texas Commission on the Arts Arts Respond – Cultural District Project Grant for $50,000, plus $50,000 in matching funds, and designate the City Manager as the City’s Authorized Representative. \[Dr. Sherry McKibben, Neighborhood Resources Director, and Kimm Thomas, Director of Tourism and Cultural Services\] Councilmember Humphrey moved to authorize the City Manager to apply for a Texas Commission on the Arts Arts Respond – Cultural District Project Grant for $50,000, plus $50,000 in matching funds, and designate the City Manager as the City’s Authorized Representative; the motion was seconded by Councilmember Johnson. The motion was adopted unanimously, 9- 0. 5. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. Presentation, discussion, public comment, and possible action to adopt Ordinance 2016-01, concerning action on rate recommendations for Entergy Texas, Inc.'s Application for Approval of a Distribution Cost Recovery Factor, which is currently pending before the Cities and the PUC, first reading. \[Leonard Schneider, City Attorney\] Councilmember Olson moved to adopt Ordinance 2016-01, concerning action on rate recommendations for Entergy Texas, Inc.'s Application for Approval of a Distribution Cost Recovery Factor,which is currently pending before the Cities and the PUC, and discussion commenced. Councilmember Olson moved for a single reading per the provision of the City Charter Section 4.12, the motion was seconded by Councilmember Humphrey. The motion for waiver was adopted unanimously, 9-0. The main motion was adopted unanimously, 9-0. b. Presentation, public comment, discussion, and possible action to consider adopting Resolution 2016-02, ensuring the payment of unpaid property taxes and approving the release of an amount not to exceed $10,177.30 in liens on the property located at 920 ½ Avenue C, and authorizing the City Manager and City Attorney to take appropriate action and sign all necessary documents. \[Matt Benoit, City Manager\] Councilmember Montgomery moved to adopt move to adopt Resolution 2016-02 relating to liens on 920 ½ Avenue C.; the motion was seconded by Councilmember Olson. Councilmember Olson moved to amend to direct staff to report back to the City Council in six months on the status, the motion was seconded by Councilmember Montgomery. The main motion, as amended (the Mayor received no objection from the Council to voting on the main motion as adopted), was adopted unanimously, 9-0, c. Presentation, public comment, discussion, and possible action to consider nominations for the Walker County Appraisal District 2015-2016 ballot. \[Mayor Woodward\] Councilmember Johnson moved to nominate Clyde Loll in the position of retiring member Bill Cooney, and discussion commenced. Without objection, Councilmember Olson moved approval of nominations as presented, with the substitution of Clyde Loll for Bill Cooney for the Walker County Appraisal District 2015-2016 ballot; the motion was seconded by Councilmember Montgomery. The motion was adopted unanimously, 9-0. d. Presentation, public comment, discussion, and possible action to consider recommendations of the Council Board and Commission Review Committee. \[Councilmember Montgomery, Chair\] Councilmember Montgomery moved to approve recommendations as presented by the City Council Board and Commission Review ; the motion was seconded by Councilmember Brauninger. Committee (below), with the exception of the Cemetery Advisory Board - to deactivate the Youth Advisory Board - due to inactivity, to disband the Huntsville Beautification Advisory Committee and the Huntsville Economic Development Council - to discharge the Natural Preservation Ad Hoc Committee, as having met their charge - to suggest staff evaluation of Arts Commission and Hotel Occupancy Tax Board applications begin earlier in the year - to recommend re-review of the historic preservation ordinance and associated Commission, if, in two years, no property has received the City’s designation. The motion was adopted unanimously, 9-0. Mayor Woodward thanked the committee for their work. Councilmember Brauninger lauded Chair Montgomery for her leadership. e. Presentation, public comment, discussion, and possible action to approve the sale of the portion of the City easement upon which Tracy Sorensen’s building encroaches, with the sale contingent upon Sorensen doing a metes and bounds survey of the portion of the encroachment and paying full market value as established by the City Council. \[Matt Benoit, City Manager, and Leonard Schneider, City Attorney\] Councilmember Olson moved to approve the sale of the portion of the City easement upon which Tracy Sorensen’s building encroaches, with the sale contingent upon Sorensen doing a metes and bounds survey of the portion of the encroachment and paying ; the motion was seconded by Councilmember Johnson. Judge Sorensen and full market value as established by the City Council her attorney Jacob Paschal appeared before the Council to discuss details of the location and the sale. The motion was adopted unanimously, 9-0, 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 were received by noon on September 29, 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.) - On Thursday, Deputy City Secretary Clasina Watson will be at a training seminar for the Texas Municipal Clerks Association, where she will receive the City’s award of a 2016 MCCi Records Management Scholarship for $500. The City Secretary’s office applied for the grant through TMCA, and will work with the IT Department to utilize it fully. - The City will be holding an informational Town Hall meeting on the upcoming election next Tuesday, October 13, at 7 p.m. at the library Community Room. - City Manager Matt Benoit announced the City had received the grants for all five segments of Montgomery Road, Sam Houston Avenue, and Lake Road for which it had applied earlier in the year for sidewalks and multi-use pathways. - Hornet Homecoming parade and game is next week, followed the week after by Sam Houston State University’s Homecoming. Councilmember Montgomery encouraged subscription to the City’s This Week in Huntsville digital newsletter, sharing the new promotional rack card. Councilmember Humphrey reminded all present of the communitywide meeting of Rachel’s Challenge Wednesday evening at Huntsville High School. Mayor Pro Tem Olson announced the Kroger opening was quickly approaching. 9. 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 evaluation and job duties of City Manager Matt Benoit. \[Mayor Woodward\] b. City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section 551.071 legal advice on the following items: (1) City Charter Section 14.13 and purchase exchange of real estate for parking spaces at SHSU and drainage easements; (2) contract with fd2s design consultants; and (3) denial of appeal request by Gilbreath Outdoor Advertising regarding off-premise billboard sign. \[Matt Benoit, City Manager, and Leonard Schneider, City Attorney\] The Mayor adjourned the Council into Executive Session at 7:35 p.m. 10. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. The Council reconvened at 9:38 p.m. 11. ADJOURNMENT Mayor Woodward adjourned the meeting at 9:39 p.m. Lee Woodward, City Secretary