City Council

MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 20th DAY OF AUGUST 2019, 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, Ronald Allen, Paul Davidhizar, Joe Emmett, Tish Humphrey, Clyde D. Loll, Mari Montgomery, Dee Howard Mullins COUNCILMEMBERS ABSENT: Joe P. Rodriquez OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, 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 led the pledges. 1. PUBLIC HEARING - The City Council will receive public comment on their consideration to adopt a maximum property tax rate of $0.3307 per $100 valuation for the City’s 2019–2020 Fiscal Year (Tax Year 2019). [Steve Ritter, Finance Director] Mayor Brauninger opened the hearing at 6:05 p.m. No comments were made. The hearing closed at 6:06 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 6, 2019. [Brenda Poe, City Secretary]. b. Approve the 2019 Joint Election Agreement Amendment B naming Election Judges for a one- year term. [Brenda Poe, City Secretary] c. Consider authorizing the City Manager to apply for the U.S. Department of Justice - 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, enter into an Interlocal Agreement with Walker County, and adopt Resolution 2019-36 in support of same. [Kristie Hadnot, Grants Manager] d. Consider authorizing the City Manager to apply for and accept if awarded the proposed and final Hurricane Harvey Infrastructure Application to the Texas General Land Office (GLO), regarding funds associated with the Community Development Block Grant DR-4332, as provided by the U.S. Department of Housing and Urban Development (HUD), requesting the programmatic allocated grant amount of $1,848,751. [Kristie Hadnot, Grants Manager] e. Consider adoption of Ordinance 2019-48 to amend the budget for FY 18-19 and/or CIP Project budgets. [Steve Ritter, Finance Director] Councilmember Loll made a motion to approve the consent agenda; the motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0. Agenda item 2e was pulled per the Mayor’s request. City Manager Kulhavy explained that the budget amendment for the Solid Waste Transfer  Station, that increases funding for repairs. Councilmember Humphrey made a motion to approve Ordinance 2019-48 to amend the budget for FY18-19 and /or CIP Project budgets contingent on the funds being received concerning the million dollars; the motion was seconded by Councilmember Montgomery. The motion was adopted, 5-3, with Councilmember Emmett, Allen and Howard Mullins voting against. 3. STATUTORY AGENDA a. Consider setting the date for second reading of Annexation Ordinances. [Leigha Larkin, City Planner] Strong Firm attorney Bret Strong spoke to Council about the Annexation plan, representing GOAB aka Billingsley, Little, Miller, expressing their concerns and recommending the Council withdraw annexation action. Leigha read a statement “The first reading of the ordinances to institute annexation proceedings occurred on August 6, 2019, per the rules of procedure for the City Council two readings are required before the final vote, with the second reading occurring 60 days from the first reading. The city is currently negotiating development agreements with a number of property owners whose property has been designated for annexation, but the negotiations are expected to conclude before the end of September 2019. To meet the deadline of Rules of Procedures, it is the recommendation of city staff that the City Council publicly set a date to hold the second reading of the annexation ordinances for Tuesday, October 1st, 2019 at the regularly scheduled City Council meeting. Providing a set date for the second reading will provide clarity to the property owners and interested members of the public and will ensure the second reading occurs within the permitted timeline of the City Council Rules of Procedure.” Councilmember Humphrey moved to approve the date of the second reading of the Annexation Ordinances for October 1, 2019 at the regularly scheduled Council meeting; the motion was seconded by Councilmember Montgomery. The motion was adopted, 7-1, with Councilmember Allen voting against. b. FIRST READING - Consider amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 40 “Streets, Sidewalks and Other Public Property”; Section 40-8 “Riding bicycles on sidewalks prohibited”; providing an exemption for Police, Fire, and EMS personnel while in the performance of their authorized duties, first reading. [Kevin Lunsford, Director of Public Safety/Police Chief] This was a first reading. No action was taken. 4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Consider approving nominees for City boards, committees, and commissions. [Brenda Poe, City Secretary] Mayor Brauninger moved his nomination. The motion was adopted, 8-0. b. Presentation of the FY19-20 Budget. [Aron Kulhavy, City Manager] The City Manager briefed Council on the budget. The Mayor reminded the Council about the Bond Proposition success. Councilmember Loll asked about the Health Fund in regards to retirement benefits. City Manager Kulhavy reminded Council that changes made in previous years included leveled costs to retirees per the 2016 plan. 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. Fred Valone was not in attendance of the meeting. Ethel J. Hawkins spoke about the Mayor’s Kingdom Vision Team to bring more opportunities to the  community. She proposes no more homeless in Huntsville, Texas. She said we have the best Mayor in the City of Huntsville. 6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None. 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 announced the free Veterans Breakfast held on the first Saturday of the month at the H.E.A.R.T.S. Veterans Museum on Highway 75 North? The breakfast is held from 9 to 11 a.m. This event is open to all veterans, regardless of age, gender, or length of military experience. It is also a great opportunity to enjoy a free meal, meet and talk to other veterans. Come out and enjoy fellow veterans and learn of different benefits and resources available. The breakfast was started by one of our own, Liesa Hackett. For more information, call 295-5959. Councilmember Humphrey spoke about the City of Huntsville will be hosting its quarterly Cleaner, Greener Huntsville event Sept. 16-21. The Solid Waste Division will be hosting the quarterly FREE residential community-wide cleanup with large roll-off dumpsters available in all four wards. No electronics, commercial dumping, tires, liquid waste or flammable liquids are allowed. For more information, call 294- 5712. She also invited the community to contact your State Representative to stop balloon releases. Councilmember Allen said the City of Huntsville Main Street department will be hosting a Touch-a-Truck event from 10 am to 1 pm Saturday, Sept. 14 in Downtown Huntsville. Parents are invited to come “See, Touch & Explore” in this unique opportunity to climb on, learn about, and discover their favorite big trucks and vehicles such as police vehicles, construction trucks, fire trucks and more. This event is free. Councilmember Loll invited the public to join #HomeSweetHuntsville as we celebrate the 25th anniversary of the Sam Houston Statue from 10 am to 4 pm Tuesday, October 22 at the Sam Houston Statue Visitor Center. There will be entertainment, refreshments and more throughout the day. Find out more at HuntsvilleTexas.com. Councilmember Montgomery reminded citizens that the City of Huntsville Public Works Division publishes a monthly calendar dedicated solely to garbage, yard waste and heavy trash services. Find out more and get the latest calendar for your refrigerator magnets at HuntsvilleTX.gov/SolidWasteRecycling. Mayor Brauninger thank Mayor Pro Tem Joe Emmett for stepping up while he was away on sick leave. He thanked Russell Humphrey for stepping up to run, along with Mader Hedspetch and Daiquiri Beebe. 8. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.071 to receive legal advice on potential claims by City against OceanLink and Suddenlink/Altice USA and by City against MBHS Investments and Quality Suites. The Council adjourned to Executive Session at 7:39 p.m. 9. RECONVENE a. Take action on items discussed in executive session, if needed. The Council reconvened at 7:55 p.m. Councilmember Davidhizar made a motion to take all necessary legal actions against OceanLink and Suddenlink/Altice USA; the motion was seconded by Councilmember Humphrey. The motion was adopted, 8-0. Councilmember Montgomery made a motion to take all  necessary legal actions against MBHS Investments LLC dba Quality Suites; the motion was seconded by Councilmember Humphrey. The motion was adopted, 8-0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:56 p.m. Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Andy Brauninger, Mayor