Election Register 5/9/2000-5/19/2009, 72 pages i
CITY COUNCIL MEETING OF MAY 9,2000 BOOK"S" 264 —
TF' THE CITY HALL
F MAY 2000 IN
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9 DAY O ,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBER:
William B.Green,Mayor Dan Davis Officers:
Dave Luning Marjorie Rex Bob Hart,City Manager
Vance Howard Steed Smith Paul Isham,City Attorney
David Martinez JoAnn Castille Danna Welter,City Secretary
Mark Erb
PROCLAMATIONS
1. Tourism Week-May 8-12,2000
2. Public Works Week-May 21-27,2000
CITIZEN INPUT/INQUIRY
Karen Howard. Ms.Howard stated that she was a member of the nonsmoking coalition and would like to know when Council was
going to address a stronger no smoking ordinance.
Mayor Green stated that this item would be discussed in a work session at the first meeting in June. And,depending on the
consensus of Council at that time,public meetings/hearings would be scheduled.
Dee McFarland President, Chamber of Commerce. Ms. McFarland thanked the Mayor and Council for the Tourism Week
proclamation,and for all they do to help in the business of tourism. There has been a 25%growth in our community in tourism dollars
spent over the past four years. Working together,the Council,Chamber staff,and volunteers have been major contributors to this
increase. A small token of appreciation is at each of the Mayor and Councilmembers place,including a new group tour and meeting
guide to be distributed first to international tour operators that Chamber staff will be visiting with in Dallas later this week.
Ms.McFarland also stated that she would like to present a joint proclamation from the City and Chamber in support of our local
teachers as this week is also National Teachers Week.
INVOCATION
Invocation by Carroll Williams,First Baptist Church.
MINUTES
Councilmember Rex made a motion to approve the April 25 2000 minutes and Councilmember Howard seconded the motion.
The motion passed unanimously.
ATTENDING CITIZENS
Charles Hall,to discuss sewer billing. Mr.Hall stated that he owns a weekend home in the Club Lake addition outside the City
limits of Huntsville. He does not have access to City water,but does have City sewer. Recently,the City adopted an ordinance that
has caused his sewer bill to increase from$10.65 per month to$20.28 per month. He stated that he has talked with staff and they have
explained the logic behind the ordinance. Sewer charges are monitored by the amount of water utilized,and without City water,the
City is unable to calculate the amount of sewer flow. So,an ordinance was adopted to average the sewer only customers and charge
a flat rate for service. Mr.Hall stated that he understands the process,but asked if there are any exceptions to the ordinance. His
electric bill will attest to the fact that he never uses more than the minimum electricity to pump water from his well.
Mayor Green stated that the Finance Committee had reviewed this ordinance before it was adopted and felt it was fair. When City
water becomes available to Club Lake,the sewer rate would then be calculated on water usage.
Councilmember Luning stated that monthly charges are not only calculated to treat the sewer,but capital expenses are also figured
into the costs.
Mayor Green stated that he would have staff look at alternatives,but felt the ordinance in place was designed to be fair to the
customers involved.
CITY COUNCIL MEETING OF MAY 9,2000 BOOK"S" 265
CONSIDER APPROVAL TO CANCEL THE ORDER FOR VEHICLE THROUGH H-GAC($20,110.20)DUE TO
DELIVERY DATE CHANGES AND ORDER FROM THE STATE CONTRACT($18,993.00)
Purchasing Agent Debby Mikulin stated that due to delays in the delivery date for the vehicle ordered from H-GAC,staff is
recommending canceling the order and purchasing the vehicle from Philpott Motors(state contract). Philpott Motors has the vehicle
on the lot and it would be available immediately.
Councilmember Davis made a motion to cancel the order for the vehicle through H-GAC and order from the state contract,and
Councilmember Castille seconded the motion. The motion passed unanimously.
CONSIDER AUTHORIZATION TO APPLY FOR A BILL AND MELINDA GATES FOUNDATION GRANT
IN AN AMOUNT OF$16,000
City Librarian Judy Hunter stated that the Huntsville Public Library is eligible to receive a package of hardware and software
totaling approximately$16,000-including four public access English-language work stations and extensive pre-loaded software.One
Spanish-language work station has also been requested. Gates Foundation employees will install the grant equipment and provide two
days of training for library employees and three years of technical support for grant items. A letter of support is required from Mayor
Green.
Councilmember Castille made a motion to authorize staff to apply for a Bill and Melinda Gates foundation grant in the amount of
$16,000,and Councilmember Rex seconded the motion. The motion passed unanimously.
CONSIDER EMERGENCY REPAIRS TO WELL 15 BY WEISENGER WATER WELLS,INC.,
IN AN AMOUNT OF$105,120,TO BE FUNDED FROM BUDGETED FUNDS($51,700)
AND WATER AND SEWER RESERVE FOR FUTURE ALLOCATION($53,420)
Boyd Wilder stated that Weisenger Water Wells,Inc.,has evaluated the repairs needed to Well 15. In addition to the pump
problems,a camera survey showed that the well screens and casing have deteriorated to the point that there is a possibility of collapse.
If this occurs,the well will be a complete loss. It is estimated that$105,120 in repair costs are needed to salvage the well. The costs
of drilling a new well are in the range of$800,000 to$1,000,000.
Councilmember Howard made a motion to approve the emergency repairs to Well 15 by Weisenger Water Wells,Inc.,in an amount
of$105,120($51,700 from budgeted funds and$53,420 from water and sewer reserve),and Councilmember Rex seconded the motion.
The motion passed unanimously.
CONSIDER CONTRACTUAL DOCUMENTS INVOLVING THE TENASKA PROJECT
m First Amendment to the Agreement for Purchase and Delivery of Treated Water
w Consent to Conveyance of Water Pump Station Facilities and Assignment of Easement
=Consent to Conveyance of Water Pump Station Facilities and Assignment of Easement
Boyd Wilder stated that approval of these three documents will allow the completion of the agreements between the City and
Tenaska,and the City and TRA. These documents will make the necessary modifications to the agreements in place to allow the City
to operate the water system for supplying water to Tenaska.
Councilmember Rex made a motion to approve the contractual documents involving the Tenaska project,including the First
Amendment to the Agreement for Purchase and Delivery of Treated Water Consent to Conveyance of Water Pump Station_Facilities
and Assignment of Easement and Consent to Conveyance of Water Pump Station Facilities and Assignment of Easement, and
Councilmember Howard seconded the motion. The motion passed unanimously.
CONSIDER ORDINANCE 2000-05-09.1 CANVASSING AND CERTIFYING THE RESULTS
OF THE CITY OFFICERS'ELECTION ON MAY 6,2000
Mayor Green stated that the four at-large Councilmembers that were elected on May 6,2000 are:Steed Smith,Position 1;Marjorie
Rex,Position 2;Vance Howard,Position 3;and David Martinez,Position 4.
Councilmember Davis made a motion to approve Ordinance 2000-05-09.1, canvassing and certifying the results of the City
Officers'election on May 6 2000 and Councilmember Castille seconded the motion. The motion passed unanimously.
_ ADMINISTRATION OF THE OATH OF OFFICE TO THE ELECTED MEMBERS OF CITY COUNCIL
City Secretary Danna Welter administered the Oath of Office to Steed Smith,Position 1;Marjorie Rex,Position 2;Vance Howard,
Position 3;and David Martinez,Position 4.
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® CITY COUNCIL MEETING OF MAY 9 2000 BOOK"S" 266
F=
CONSIDER ELECTION OF MAYOR PRO TEM
Councilmember Erb made a motion to elect JoAnn Castille as Mayor Pro Tem and Councilmember Rex seconded the motion. The
motion passed unanimously.
CONSIDER RESOLUTION 2000-05-09.1 OPPOSING THE EXPANSION AND/OR EXTENSION
OF THE CURRENT MORATORIUM ON SALES AND USE TAXES FOR E-COMMERCE
City Attorney Paul Isham stated that TML had requested that the City adopt this ordinance related to E-Commerce to urge the
Federal Government to study the issue instead of putting it on a shelf.
Councilmember Howard made a motion to approve Resolution 2000-05-09.1 opposing the expansion and/or extension of the current
moratorium on sales and use taxes for E Commerce and Councilmember Rex seconded the motion. The motion passed unanimously.
MAYOR'S ACTIVITY REPORT
1. Consider expenditure of travel funds to allow Councilmember Castille to attend the Texas Youth and Texas Cities Conference on
May 19,2000.
Mayor Green stated the funds would include registration,hotel and mileage expenses for the Conference.
Councilmember Rex made a motion to approve travel funds for Councilmember Castille to attend the Texas Youth and Texas Cities
Conference on May 19 2000 and Councilmember Martinez seconded the motion The motion passed unanimously.
ADJOURNMENT[6:05 P.M.]
Following the meeting,a reception was held to honor the retirement of Cou cilmember Dan Davis.
® anna Welter,City Secretary
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CITY OFFICERS ELECTION
MAY 6, 2000
AT-LARGE POSITIONS
CITY OFFICERS ELECTION RESULTS
VOTERS BY CITY PRECINCTS
POS ION/ EARLY 101 102 201 205 206 301 401 T )TAL
CAN IDATE
POST LN 1
STEED Sl 11TH 184 4 85 54 186 41 23 27 04
PAM CA Y 105 28 76 80 132 55 51 43 70
POST ION 2
,�HARLE W. 129 14 89 62 126 24 42 37 23
SMITHER JR.
MARJORI REX 169 15 83 77 199 54 28 40 65
POST ION 3
VANCE H WARD 249 21 121 102 266 62 49 51 21
POST 6N 4
JOHN ST ICKLAND 134 12 94 65 152 36 28 47 68
DAMARTINEZ 155 15 80 72 164 50 41 27
CITY OFFICERS ELECTION
MAY 6, 2000
AT-LARGE POSITIONS
ADi
CITY OFFICERS ELECTION RESULTS
VOTERS BY CITY PRECINCTS
POSITION/ EARLY 101 102 201 205 206 301 401 TOTAL
CANDIDATE
POSITION 1
STEED SMITH 184 4 85 54 186 41 23 27 604
PAM CAREY 105 28 76 80 132 55 51 43 570
POSITION 2
CHARLES W. 129 14 89 62 126 24 42 37 523
SMITHER, JR.
MARJORIE REX 169 15 83 1 77 199 54 1 28 40 665
POSITION 3
VANCE HOWARD 249 21 121 102 266 62 49 51 921
POSITION 4
JOHN STRICKLAND 134 12 94 65 152 36 28 47 568
155 15 80 72 164 50 41 27 604
DAVID MARTINEZ
Total voters casting ballots in Early Voting-298 2%of total registered; 24%of total votes;
Total voters casting ballots in Precinct 101 -32 3%of total registered in 101; 3%of total votes;
Total voters casting ballots in Precinct 102- 174 6%of total registered in 102; 14%of total votes;
Total voters casting ballots in Precinct 201 -139 6%of total registered in 201; 11%of total votes;
Total voters casting ballots in Precinct 205-325 17%of total registered in 205; 26%of total votes;
Total voters casting ballots in Precinct 206-96 14%of total registered in 206; 8%of total votes;
Total voters casting ballots in Precinct 301 - 86 4%of total registered in 301; 7%of total votes;
Total voters casting ballots in Precinct 401 - 77 3%of total registered in 401. 6%of total votes.
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION
TOTAL NUMBER OF REGISTERED VOTERS— 101 1,188
TOTAL NUMBER OF REGISTERED VOTERS— 102 2,997
TOTAL NUMBER OF REGISTERED VOTERS—201 2,315
TOTAL NUMBER OF REGISTERED VOTERS—205 1,889
® TOTAL NUMBER OF REGISTERED VOTERS—206 691
TOTAL NUMBER OF REGISTERED VOTERS—301 2,263
TOTAL NUMBER OF REGISTERED VOTERS—401 2,931 TOTAL REG. 14,274
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PERCENTAGE OF REGISTERED VOTERS WHO VOTED 9%
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CITY COUNCIL MEETING OF AUGUST 15 2000 BOOK"S" 278
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF AUGUST 2000,IN THE CITY
HALL,LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBER:
William B.Green,Mayor Officers:
Mark Erb JoAnn Castille Bob Hart,City Manager
Vance Howard Steed Smith Paul Isham,City Attorney
Danna Welter,City Secretary
Absent: Marjorie Rex,Dave Luning,David Martinez
CALL TO ORDER
Mayor Green called the meeting to order.
INVOCATION
Invocation by Bob Hart,City Manager.
PROCLAMATION
Mayor Green presented Wayne Sorge,KSAM,with a proclamation thanking him for his service to the City over the past
decade.
STATUTORY AGENDA
1. Approve Ordinance 2000-08-15.1 canvassing the returns of the Special Municipal Election held within Ward 4 of the City
on the 12"'day of August,2000,for the purpose of electing a Councilmember for the unexpired term of Councilmember,
Ward 4.
ORDINANCE NO.2000-08-15.1
AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD WITHIN WARD FOUR
OF THE CITY OF HUNTSVILLE ON THE 12TH DAY OF AUGUST, 2000, FOR THE PURPOSE OF ELECTING A
COUNCILMEMBER FOR THE UNEXPIRED TERM OF COUNCILMEMBER WARD FOUR;DECLARING THE RESULTS
OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN,THAT THE
ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE
WITH THE LAWS OF THE STATE.
FOR COUNCILMEMBER,WARD FOUR
RALPH A. DAVIS,JR. 319
PAM CAREY 23
WRITE-INS 0
Councilmember Castille made a motion to approve Ordinance 2000-08-15.1 canvassing the returns of the Special
Municipal Election held on August 12 2000 electing Ralph A Davis Jr to the unexpired term of Councilmember,Ward 4,
and Councilmember Smith seconded the motion The motion passed unanimously. NOTE:Councilmembers Rex,Luning
and Martinez absent.
CITY COUNCIL MEETING OF AUGUST 15 2000 BOOK"S" 279
OJfaICt�IVIMI�R. f/ARr}4
Early-16 Early-3 Early-19
RALPH A.DAVIS,JR. 205-288 401 -12 Polls-300
TOTAL-319
Early-0 Early-0 Early-0
PAM CAREY 205-16 401 -7 Polls-23
TOTAL -23
WRITE-INS 0 0 0
Total voters casting ballots in Early Voting- 19` 6 percent of total;
Total voters casting ballots in Precinct 205-304 89 percent of total;
Total voters casting ballots in Precinct 401 - 19 6 percent of total.
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 342
TOTAL NUMBER OF REGISTERED VOTERS-205 1,845
TOTAL NUMBER OF REGISTERED VOTERS-401 2,848
TOTAL NUMBER OF REGISTERED VOTERS IN WARD FOUR 4,693
PERCENTAGE OF REGISTERED VOTERS WHO VOTED 7%
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2. City Secretary Danna Welter administered the oath of office to Ralph A.Davis,Jr.,Councilmember,Ward 4.
3. Approve Resolution 2000-08-15.1 authorizing the City's proposal to Sam Houston State University's Request for
Proposals for the Design,Construction,and Operation of an 18-hole Golf Course and Golf Facilities.
Sam Houston State University("SHSU")owns approximately 154 acres of land located on the west side of Interstate
45 in Huntsville, Texas, and has issued a Request for Proposal, RFP#753-0-014JCH for Lease of Land and Design,
Construction and Operation of a 18-Hole Golf Course and Golf Facilities(the"RFP"). Staff is of the opinion that it would be
a tremendous benefit to the community and SHSU if the City constructed and operated the golf course and golf facilities.
Thus,the staff has worked internally and has elicited the assistance and advice of several consultants to prepare a proposal
to submit to SHSU in response to the RFP.The City Council has been briefed in executive session about the proposed plans
and concept for the proposal because of the competitive nature of the RFP process.A proposal must be submitted to SHSU
by August 16,2000 at 4:00 p.m.
City Manager Bob Hart presented a map of the proposed golf course layout and detailed the City's proposal.
Councilmember Howard made a motion to approve Resolution 2000-08-15.1 authorizing the City's proposal to Sam
Houston State University's request for proposal for an 18-hole golf course and golf facilities,and Councilmember Smith
seconded the motion. The motion passed unanimously.
ADJOURNMENT[6:0 ]
anna Welter,City Secretary
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CITY COUNCIL MEETING OF MAY 8 2001 BOOK"5' 323
J
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 8TH DAY OF MAY,2001,IN THE CITY HALL,
j LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBER:
William B. Green, Mayor Ralph A. Davis,Jr. Officers:
MarK Erb JoAnn Castille Bob Hart,City Manager
David Martinez Steed Smith Paul Isham,City Attorney
Vance Howard John Escobedo Danna Welter,City Secretary
Gary Crawford
Absent:Marjorie Rex, Dave Luning
CALL TO ORDER[5:15 p.m.]
Mayor Green called the meeting to order.
INVOCATION
Invocation by Bob Hart,City Manager.
ELECTION MATTERS
1. Approve Ordinance 2001-05-08.1 canvassing the regular municipal election held within the City of Huntsville on the 5'
day of May,2001,for the purpose of electing a Mayor At-Large,as presented by Danna Welter,City Secretary.
ORDINANCE NO.2001-05-08.1
AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY
OF HUNTSVILLE ON THE 5TH DAY OF MAY 2001, FOR THE PURPOSE OF ELECTING A MAYOR AT-LARGE;
DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND
PROPERLY GIVEN,THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BYTHE PROPER
OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE.
FOR MAYOR AT-LARGE
LEROY BAILEY,SR. 399
BILL GREEN 1066
CITY OFF10E32S ELECTION I >ESULTS
_OTY C1TX'PRECING7S
POSITION/ ri
Elm
T nl
CANDIDATE EARLY 101 1D2 201 20S 206 LD1 X01 TOTAL
MAYOR
EROY BAILEY,SR. 84 45 45 24 52 41 85 23 399
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BILL GREEN 335 19 120 90 338 56 53 55 3999
Total voters casting ballots in Early Voting-419 29%of total;
Total voters casting ballots in Precinct 101 -65 4%of total;
Total voters casting ballots in Precinct 102-166 11%of total;
Total voters casting ballots in Precinct 201 -116 8%of total;
Total voters casting ballots in Precinct 205-390 27%of total;
Total voters casting ballots in Precinct 206-97 7%of total;
Total voters casting ballots in Precinct 301 -135 9%of total;
CITY COUNCIL MEETING OF MAY 8 2001 BOOK"S" 324 _
Total voters casting ballots in Precinct 401 -78 5%of total.
TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 1466
TOTAL NUMBER OF REGISTERED VOTERS-101 2129
TOTAL NUMBER OF REGISTERED VOTERS-102 2781
TOTAL NUMBER OF REGISTERED VOTERS-201 2189
TOTAL NUMBER OF REGISTERED VOTERS-205 2008
TOTAL NUMBER OF REGISTERED VOTERS-206 692
TOTAL NUMBER OF REGISTERED VOTERS-301 2346
TOTAL NUMBER OF REGISTERED VOTERS-401 2726
TOTAL NUMBER OF REGISTERED VOTERS 14,871
PERCENTAGE OF REGISTERED VOTERS WHO VOTED 10%
1. Councilmember Castille made a motion to approve Ordinance 2001-05-08.1 canvassing the regular municipal election
held within the City of Huntsville on the 511' day of May, 2001 electing William B Green as Mayor At-Large, and
Councilmember Howard seconded the motion The motion passed unanimously.
2. Administration of the Oath of Office to the newly elected members of City Council,as presented by Danna Welter.
City.Secretary Danna Welter administered the Oath of Office to: Mark Erb,Councilmember Ward 1,John Escobedo,
Councilmember Ward 2, Gary Crawford, Councilmember Ward 3, Ralph A. Davis, Jr., Councilmember Ward 4, and Bill
Green,Mayor.
3. Consider the election of a Mayor Pro Tem.
Councilmember Howard made a motion to elect Mariorie Rex as Mayor Pro Tem and Councilmember Erb seconded
the motion The motion passed unanimously.
PUBLIC HEARING
Receive input on amendments to the Development Code- Flood Hazard District. Mayor Green opened the public
hearing and continued it until May 22.
PUBLIC COMMENTS
1. Charles Smither,Jr. Mr.Smither commented that the new members of Council should read all materials presented
before voting on issues.
2. Dan Davis. Mr. Davis noted that this is National Small Business Week and Tourism Week.
3. Recognize remaining two winners of the Golf Course Naming Contest—Anne Sigler and Kenneth Scheffer. Mayor
Green presented Ms.Sigler and Mr.Scheffer with a certificate,$50.00 and a Titlest golf club,and thanked them for their
entry of Raven Nest.
CONSENT AGENDA
1. Approve Amendment No.1 to the Airport Project Participation Agreement-Master Plan,to revise the project cost from
$100,000 to$130,000 and the City's participation from$10,000 to$13,000.
2. Accept the gift of 0.261 acres on 100'Street between Avenue J and University Avenue by Don Mathews and extend our
thanks for his generous offer.
3. Approve Resolution 2001-05-08.1 supporting the nomination of a tract of land containing approximately 67 acres to the
Enterprise Zone Map,as a potential industrial site.
4. Approve Resolution 2001-05-08.2 giving consent to a project for Huntsville Memorial Hospital.
Councilmember Howard made a motion to approve the Consent Agenda and Councilmember Erb seconded the motion.
The motion passed unanimously.
STATUTORY AGENDA
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CITY COUNCIL MEETING OF MAY 8,2001 BOOK"S" 325
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1. Approve architectural firm of Wagner and Klein,Inc.of Fredericksburg as the architects for the Wynne Home Project,
on behalf of the Huntsville Arts Commission and the Wynne Home Project Physical Structure Team at a cost not to
exceed$80,000,as presented by J. D.Schindler,Director of Community Services.
Cit of Huntsville has accepted the gift of the historic Wynne Home, 1428111 Street, from Samuella Palmer and
The y p
has agreed to rehabilitate and use the structure for cultural activities,according to the terms of the gift deed. After a public-
input process,the City Council agreed that the structure would be converted into an arts center with secondary use of
meeting space and administrative offices. The Huntsville Arts Commission has appointed five teams to work on the Wynne
Home Art Center development,and now together with the Physical Structure Team,makes the recommendation to contract
with Wagner and Klein, Inc.of Fredericksburg as the architects for the Wynne Home Project.
Councilmember Martinez made a motion to authorize the City Managerto execute an architectural contractwith Wagner
and Klein Inc for the Wynne Home Project at a cost not to exceed $80,000 to be funded from budgeted funds, and
Councilmember Davis seconded the motion The motion passed unanimously.
2. Authorize the Huntsville Convention&Visitors Bureau to enter into a contract with Chandler,Brooks&Donahoe,Inc.
to prepare a Tourism Assessment and Recommendations for the City of Huntsville and the Huntsville-Walker County
Chamber of Commerce in an amount not to exceed$28,000 and authorize the transfer of$3,000 from the Visitors
Center Reserves,as presented by J. D.Schindler.
A tourism assessment study will be conducted for the overall enhancement and improvement of the image of the
community and the continued growth of the local market and tourism industry. This assessment will focus on Marketing
issues - advertising, public outreach and marketing materials; Community issues: curb appeal, ease of getting around
(wayfinding &signage)and the appearance of the entrances to the city(beautification); and Business - lodging, dining,
entertainment options,business signage,attractions and amenities. The report and recommendations from this study will
help community leaders to prioritize opportunities to enhance the community and to attract more visitors.
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The tourism industry has become one of the fastest growing industries in the in the State of Texas. Tourism in the City
of Huntsville has also grown significantly, but multiple opportunities for growth and improvement are pending now and it
seems to be a prime time to assess the local environment and plan to capture more of the tourism market that passes daily
on Interstate 45. A request for qualifications was sent to several firms in the tourism promotion and development industry
and two proposals were received. Travel Destination Company of Marietta,Georgia and Chandler,Brooks&Donahoe,Inc.
of Olympia,Washington submitted proposals. Both firms are highly qualified in this field.
Councilmember Howard made a motion to authorize the Huntsville Convention&Visitors Bureau to enter into a contract
with Chandler Brooks&Donahoe Inc to prepare a Tourism Assessment and Recommendations for the City of Huntsville
and the Huntsville-Walker County Chamber of Commerce in an amount not to exceed$28,000,and authorize the transfer
of $3,000 from the Visitors Center Reserves and Councilmember Erb seconded the motion. The motion passed
unanimously.
MAYOR ACTIVITY REPORT
1. Appointment of City Council standing committees.
Mayor Green stated that Personnel Committee would consist of Councilmember Rex as Chairman, and
Councilmembers Davis,Martinez and Escobedo. The Finance Committee would be Chaired by Councilmember Howard,
with Councilmembers Erb,Smith and Crawford as members.
2. Approve appointment of Ed Owens,Jr.as a Commission on the Huntsville Arts Commission,as recommended by the
Commission.
Councilmember Howard made a motion to approve the appointment of Ed Owens Jr. as Commission on the Arts
Commission and Councilmember Smith seconded the motion The motion passed unanimously.
3. Approve appointments to the Walker County Public Safety Communication Center Executive Board.
Mayor Green stated that he would like to appoint Councilmember Rex as the Council Representative to the Board. He
also stated that Donna Zuniga had resigned and he would like to replace her with Dave Luning.
Councilmember Howard made a motion to appoint Councilmember Rex as the City Councilmember Representative and
to appoint Dave Luning to the unexpired term of Donna Zuniga and Councilmember Erb seconded the motion. The motion
passed unanimously.
CITY COUNCIL MEETING OF MAY 8 2001 BOOK"S" 326
4. Pre-Budget Work Shop-May 18 and 19.
Mayor Green reminded City Councilmembers of the Work Shop on May 18 and 19.
CITY COUNCILMEMBER REPORT
1. Authorize allocation of $14,060, with Walker County allocating $14,060, for a Communication System Study, as
recommended by the Walker County Public Safety Communication Center Executive Board,to be funded from reserve
for special projects,as presented by Councilmember Howard.
Twenty different agencies utilize the Walker County Public Safety Communication Center for dispatch services. The
communication system between the Dispatch Center and among the various agencies is not currently entirely compatible.
In earlier budget discussions the need for a comprehensive study was identified. However such a study was not included
in the budget because an agreement had not been reached with the Walker County Public Safety Communication Center
Executive Board and the Commissioners Court of Walker County. An agreement has been reached to engage TCS
Consultants Inc. to conduct such a study. The request for the placement of this agenda item come from City Council
representatives on the Board-Councilmember Vance Howard,and former Councilmember Dave Luning.
Councilmember Howard made a motion to Authorize allocation of$14,060,with Walker County allocating$14,060,to
contract with TCS Consultants Inc for a Communication System Study,as recommended by the Walker County Public
Safety Communication Center Executive Board to be funded from reserve for special projects and Councilmember Erb
seconded the motion The motion passed unanimously.
WORK SESSION [6:05 p.m.-7:00 p.m.]
Discuss community wellness report.
ADJOURNMENT[7:00 p.m.
Danna Welter, City Secretary
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® CITY COUNCIL MEETING OF MAY 7,2002 BOOK"S" 388
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7TH DAY OF MAY,2002,IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS: OFFICERS:
William B.Green,Mayor Vance Howard Bob Hart,City Manager
Gary Crawford David Martinez Paul Isham, City Attorney
Ralph A.Davis,Jr. Marjorie Rex Danna Welter,City Secretary
Mark Erb Steed Smith
John Escobedo
CALL TO ORDER[5:15 p.m.]
Mayor Green called the meeting to order.
INVOCATION
The invocation was led by City Manager Bob Hart.
PUBLIC COMMENTS
1. Mayor Green read Public Works Week Proclamation for the week of May 19-25,2002.
ELECTION MATTERS
1. Approve Ordinance 2002-05-07.1 canvassing the regular election held within the City of Huntsville on the day of May
2002,for the purpose of electing At-Large Councilmember Positions Two and Four.
Councilmember Howard made a motion to approve Ordinance 2002-05-07.1 canvassing the regular election held within
the City of Huntsville on the 4'day of May 2002 for the purpose of electing At-Large Councilmember Positions Two and
Four•and Councilmember Rex seconded the motion. The motion passed unanimously
2. Administration of the Oath of Office by City Secretary Danna Welter to the newly elected and reelected members of City
Council Vance Howard,Steed Smith,Jack Choate and Judy Kayse.
3. Consider the election of a Mayor Pro Tem.
Councilmember Erb made a motion to elect Vance Howard as Mayor Pro Tem:and Councilmember Smith seconded the
motion. The motion passed unanimously.
4. Official Returns for the Cityof Huntsville City Officers Election held Saturday,May 4,2002 for the purpose of electing At-
Large Councilmembers Positions 2 and 4:
CITY OFFICERS ELECTION RESULTS
VOTERS BY CITY PRECINCTS
P sition/Candidate Early 101 102 201 205 206 301 401 TOTAL
POS ION 2
JUD KAYSE 169 8 77 75 205 42 26 34 636
WAN A NORTON 166 47 62 37 101 34 66 20 533
POS ION 4
AC K.CHOATE 215 7 119 94 319 53 24 40 871
MIC EL WILLIAMS 135 45 29 31 37 22 73 18 390
- CITY COUNCIL MEETING OF MAY 7,2002 BOOK"S" 389
Registered Voters Voted Percentage
Voters Early Election Day Total
Precinct 1C 1 1151 27 56 83 7%
Precinct 10 2730 103 157 260 10%
Precinct 2C 2188 53 131 184 8%
Precinct 2 2066 61 374 435 21%
Precinct 2C 1 i 707 39 83 122 17%
Precinct 3QI 2364 44 102 146 6%
Precinct 4C 2710 26 68 94 3%
Total 13,916 353 971 1324 10%
CONSENT AGENDA
1. Authorize the purchase of the"Win-Flex"SCADA upgrade from AtKo Consulting at a cost of$14,250.00 to be
funded from Water Fund, Reserve for Future Allocation.
2. Approve the First Amendment to the Contract for Services between the City of Huntsville and Huntsville's Promise,
Inc.for services with regard to the TIF grant.
3. Approve the contract for Services between the City of Huntsville and Aries Research, Inc.for creation of Community
Network web site as funded through TIFb CN2 grant.
4. Approve Resolution 2002-05-07.1,dedicating the Montgomery Road Right-Of Way and adjoining Park and Green space.
5. Approve the purchase of a wireless alarm system at a cost not to exceed$3,995.00 to be funded from police department
forfeiture funds.
6. Approve decreasing the number of police department lieutenant positions by one (1)and increasing the number of
sergeant positions by two(2).
7. Authorize the police department to submit an application to fund five officers through COPS in Schools Grant.
8. Authorize the police department to submit an application to fund two officers through COPS Universal Hiring Grant.
9. Accept the four-year lease option offered by Professional Turf Products in the amount of$84,571.68 per year,payments
to begin in FY 2002-03,and authorize the purchase of the two items in the amount of$12,750.00 from Jones Equipment
to be paid from the FY 2001-02 budgeted funds.
Staff requested that item 4 and Councilmember Escobedo requested that item 6 be pulled from the consent agenda for
further discussion Councilmember Howard made a motion to approve the Consent Agenda with the exception of Items
4 and 6-and Councilmember Erb seconded the motion The motion passed unanimously. (Note. Councilmember
Crawford absent.)
4. Approve Resolution 2002-05-07.1,dedicating the Montgomery Road Right-Of Way and adjoining Park and Green space.
The subject land was purchased for the extension of Montgomery Road and the remaining land was to be utilized
as a greenbelt and entrance site for the University.The dedication of the proposed right of way will allow ample room for
future utility extensions, if needed, and the dedication of the adjoining park/green space area will insure the future
preservation of the natural beauty of the area.
Councilmember Erb made a motion to approve Resolution 2002-05-07.1.dedicating the Montgomery Road Right-
Of Way and adioining park and green space contingent upon approval of the platting by Planning and Zoning
Commission:and Councilmember Howard seconded the motion The motion passed unanimously.
6. Approve decreasing the number of police department lieutenant positions by one (1)and increasing the number of
sergeant positions by two(2).
The current organizational structure has been in place for fourteen/fifteen years. Due to the growth of the
Department in size,additional responsibilities and providing additional services,there is a demand for more front-line
supervisors. Recently we have had a vacancy in one(1)lieutenant position,which has enabled us to evaluate our
supervision/management needs within our Department.
Councilmember Escobedo made a motion to approve decreasing the number of police department lieutenant
positions by one(1)and increasing the number of sergeant positions by two(2)•and Councilmember Erb seconded the
motion The motion passed unanimously.
STATUTORY AGENDA
1. Approve the Second Amendment to Developer Agreement and authorize the City Manager to sign the Amendment on
behalf of the City.
On December 12, 2000, the City Council approved a developer contract with West Hill Park Joint Venture
("WHP")(Tom Curtis)and Home Depot to build a Home Depot store in Huntsville on a tract of land adjacent to the
proposed Parkwood Drive and Interstate Highway 45 West Feeder Road.The City Council approved a revision to the
i
® CITY COUNCIL MEETING OF MAY 7,2002 BOOK"S" 390 =
developer contract on January 23,2001.The original developer contract with WHP set out certain requirements relative
to escrowed funds and signage along Interstate Highway 45 West Feeder Road. The Developer Contract was amended
ora monument sign at the intersection of S.H.30 and Veteran's Memorial Parkway
tober,2001 to permit a tem 9
in Oc temporary P I
TxDOT.
t' as the new on/off rampson I.H.45 are constructed by Texas Department of Transportation( )
until such time
The amendment required that the temporary monument sign be placed outside City and State right-of-way. WHP has
not been able to obtain property along Veteran's Memorial Parkway for the temporary monument sign and has
requested that it or Home Depot be permitted to place the sign in City right-of-way on the northwest comer of S.H.30
agreeable to this change.
e.
Ci staff is a r 9
and Veteran's Memorial Parkway. The sign will meet all other Code regulations. ty g
nt an easement was ranted to the City by TDCJ for the construction of a
As art of the Home Depot development, 9
P
P
drainage detention pond on TDCJ property. As part of the condition of granting the easement to the City,TDCJ required
that a fountain be installed in the detention pond. In addition to the Developer Agreement,WHP and City entered into an
Agreement to Construct Public Improvements wherein WHP escrowed an additional $374,695.00 (additional to the
$520,000.00 escrowed under the Developer Contract)to cover the costs of improvements for Veteran's Memorial
WHP has requested that the City refund a
_ and with fountain. q
site sewer,and the detention
Parkway Extension,off P
Y
that it can a for the fountain directly. Since this is money escrowed with
2.50 so h
portion of the escrowed funds,$20,20 pay
the City by WHP for the cost of the improvements,the City staff does not object to this refund so that WHP can pay for
the fountain directly.
The Second Amendment attached hereto amends the sections of the Developer Agreement to accomplish the
above-described changes.
Councilmember Crawford made a motion to approve the Second Amendment to Developer Agreement and
authorize the City Manager to sign the Amendment on behalf of the City' and Councilmember Smith seconded the
motion The motion passed unanimously. (Note: Councilmember Crawford present for remainder of meeting.)
2. Approve Resolution 2002-05-07.2,approving the City of Huntsville Flood Mitigation Plan by Klotz and Associates in
conjunction with the grant requirements by the Texas Water Development Board funded through the Federal Emergency
® Management Agency.
In August,2001 the City of Huntsville entered into a$66,667.00 flood mitigation planning grant with the Texas
Water Development Board which was a 75125%grant funded through the Federal Emergency Management Agency
(FEMA). The $16,667.00 City's share and the $50,000.00 FEMA share comprised the funding of this grant. In
September, 2001 the City of Huntsville received approval from the Texas Water Development Board to enter into a
subcontract with Klotz and Associates under contract number 2001-001-031 to begin the flood study.
Councilmember Erb made a motion to approve Resolution 2002-05-07.2.approving the City of Huntsville Flood
Mitigation Plan by Klotz and Associates in conjunction with the grant requirements by the Texas Water Development
Board funded through the Federal Emergency Management Agency; and Councilmember Crawford seconded the
motion The motion passed unanimously.
3. Approve Resolution No.2002-05-07.3,approving and accepting the conveyance of a stormwater detention pond from
Gibbs Brothers.
As part of the development of Phase II of the Arbors Apartments,the City required the construction of a detention
pond to handle drainage. Gibbs Brothers owned the property where the detention pond is located and granted an
easement to the City for the drainage flow and detention pond. An agreement was entered into between Gibbs Bros.,
University Heights Baptist Church,and the Arbors for Arbors to maintain the detention pond. That agreement provides
that Gibbs Bros.will use reasonable efforts to have the City assume the responsibility of maintaining the detention pond.
The maintenance costs are to be shared equally by the parties.
Gibbs Bros.has approached the City and has offered to convey the detention pond property to the City if the City
would assume maintenance of the pond. Each party will pay one-fourth of the cost of maintenance,i.e.Gibbs Bros.,
UHBC,the Arbors,and the City. The City contributes to the drainage flow captured by the detention pond and staff is
agreeable to accepting the conveyance of the detention pond and paying for a fourth of the maintenance costs.
This resolution authorizes and approves the conveyance of the detention pond property to the City,assumption of
the responsibility of maintaining the pond,paying one-fourth of the maintenance costs,and authorizing the City Manager
to execute any documents approved by the City Attorney and required for the transfer of the detention pond and
assumption of maintenance responsibilities.
Councilmember Howard made a motion to approve Resolution No 2002-05-07.3_approving and accepting the
conveyance of a stormwater detention Pond from Gibbs Brothers:and Councilmember Smith seconded the motion. The
motion passed unanimously.
4. Authorize the City Manager to enter into a Contract with Wisenbaker, Fix and Assoc.in the amount of$8,000.00 to
prepare a preliminary engineering report to provide wastewater service to the Timberwilde area to be funded from
budgeted funds.
Discussions with the developer in Timberwilde have led to encouraging the development of the area with city
i
wastewater service.Since this is also an area open for potential annexation discussion,and since it is not included in
CITY COUNCIL MEETING OF MAY 7 2002 BOOK"S" 391
the"Huntsville Plan",future expansion costs need to be defined before development discussions can continue.
Councilmember Smith made a motion to authorize the City Manager to enter into a Contract with Wisenbaker.Fix
and Assoc in the amount of$8,000.00 to prepare a preliminary engineering report to provide wastewater service to the
Timberwilde area to be funded from budgeted funds;and Councilmember Crawford seconded the motion. The motion
passed unanimously.
5. Approve the name change for that portion of Avenue F between F.M.2821 and 13th Street to Martin Luther King Drive.
Councilmember Crawford made a motion to approve the name change for that portion of Avenue F between F.M.
2821 and 13th Street to Martin Luther King Drive;and Councilmember Erb seconded the motion. The motion passed
unanimously.
6. Authorize the City Manager to enter into an engineering contract with Wisenbaker,Fix and Associates for the design of
the Parker Creek Collector Sewer Lines(PC-1)in an amount not to exceed$121,000.00 to be funded from budgeted
funds.
The Parker Creek Collector Sewer Lines project will provide first time sewer service to an area along F.M.247
which will include Town & Country, McAdams Lane and Pine Hollow. This area is within the City Limits and was
developed on small lots which are currently operating with malfunctioning septic tanks that cannot be restructured to
meet existing City and State codes for on-site sewer systems. The Health Division has reviewed numerous complaints
in this area and has requested expediting city services to resolve the potential health issues in the area.
Funds in the amount of$71,300.00 are currently budgeted for the design of this system with the remaining
engineering and construction funds to be budgeted in FY 2002-2003.
Total project cost is estimated at$752,000.00 as per the attached cost estimate.
Councilmember Smith made a motion to authorize the City Manager to enter into an engineering contract with
Wisenbaker, Fix and Assoc for the design of the Parker Creek Collector Sewer Lines (PC-1) in an amount not to
exceed$121,000.00 to be funded from budgeted funds-,and Councilmember Howard seconded the motion. The motion
sassed unanimously.
7. Councilmember Crawford made a motion to reconsider Item 5 for restatement and Councilmember Erb seconded
the motion The motion passed unanimously.
8. Councilmember Crawford made a motion to approve the name change for that portion of Avenue F between F.M.
2821 and 13"'Street to Martin Luther King.Jr. Drive: and Councilmember Erb seconded the motion. The motion
passed unanimously.
9. Approve participation in a water and sewer utility extension to a 1.99-acre tract owned by Charles Thompson located on
I.H.45 at the Goree overpass on a 50%basis with the City cost not to exceed$85,406.00 to be funded from budgeted
funds.
Charles Thompson,owner of a 1.99-acre tract located along IH-45 Feeder south of the new Veteran's Memorial
Parkway and adjacent to the Elkins Lake Golf Course,has requested the City's participation in the extension of sanitary
sewer and water service. Mr.Thompson is requesting the city to bear 50%of the estimated cost of$93,647.00 for the
sanitary sewer line and 50%of$77,165.00 for the water line extension. Mr.Thompson purchased the 1.99-acre tract
from the Texas Department of Criminal Justice in 1997 at the time the Elkins Lake Recreation Corporation purchased
the surrounding property for their proposed golf course.During the platting process,Elkins Lake Rec.Corp.provided a
20'sanitary sewer easement through the golf course to connect to the 1.99 acre tract and a 20'utility easement parallel
to the I.H.45 right of way for the construction of a future water line.Mr.Thompson's letter indicates the proposed use of
the tract is for a shopping center development.
Councilmember Smith made a motion to approve participation in a water and sewer utility extension to a 1.99-acre
tract owned by Charles Thompson located on I H 45 at the Goree overpass on a 50%basis with the City cost not to
exceed$85,406.00 to be funded from budgeted funds:and Councilmember Howard seconded the motion. The motion
passed unanimously.
MAYOR/CITY MANAGER ACTIVITY REPORT
1. Program/Project Status:
a. Mayor's Appointments to Council Committees:
1) Finance Committee: Vance Howard(Chair),Ralph Davis,Judy Kayse,Steed Smith.
2) Personnel Committee: Mark Erb(Chair),Jack Choate,Gary Crawford,John Escobedo.
b. City Manager Project Updates:
1) Old Colony Road/Geneva Road area:dumpsters were placed in the area following the community meeting;
6.5 tons of trash has been removed from that area.
2) Trash Pickup:2 tons of trash has been picked up around the City,not counting the free trash day.
3) Flushing Elkins Lake: the flush valves were installed and flushing was done last week.
4) Arterial:Both sections were opened last week in order to assist TXDOT with traffic flow around the TXDOT
CITY COUNCIL MEETING OF MAY 7,2002 BOOK"S" 392 =
closing of SH-30 at I1-1-45 on Sunday.
5) AMCC: The Association of Mayors,Councilmembers and Commissioners will hold their annual meeting in
EI Paso July 25-27. Please notify the staff as soon as possible if you would like to attend so arrangements
and reservations can be made.
6) TDCJ Breakfast: The TDCJ Board will be meeting at the end of this month. We have a breakfast scheduled
for the Board at City Hall on Friday, May 24,7:30-8:30am.
7) June Council meetings will be left on the scheduled dates,even though the Mayor will be out of town for the
June a meeting.
8) Trash pickup: Councilmember Smith suggested consideringhaving 9 more frequent free trash days
Another suggestion was to put the
efforts. Ano h P
the City's community clean u 99
(quarterly, etc.) to further ty ty P
dumpsters out in the neighborhoods on a more regular basis.
9) Councilmember Howard requested more information on the flushing at Elkins Lake. Director of Public
Works Randy Brown went into more detail,stating that the flushing had not been done previously;that there
were several'dead'areas in the pipes that would require extensive flushing;and that the flushing will be
done frequently at first with the goal of a six-month flushing schedule eventually instituted.
2. Future Events:
May 9 5:00-8:OOpm SBDC Community Appreciation Cookout for Small Businesses
May 9 7:OOpm Bluebonnet Groundwater Conservation District Public Meeting
May 10 12:00-6:O0pm City Council Budget Planning Session
May 11 8:OOam-4:O0pm City Council Budget Planning Session
May 21 5:15pm City Council Meeting
June 4 5:15pm City Council Meeting
June 18 5:15pm City Council Meeting
ADJOURNMENT[6:00 p.m.]
Danna Welter,City Secretary
f
CITY COUNCIL MEETING OF MAY 6,2003 BOOK"T' 32 _
i
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF MAY,2003,IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS: Mark Erb OFFICERS:
William B.Green,Mayor John Escobedo Paul Isham,Acting City Manager
Jack Choate Vance Howard Danna Welter,City Secretary
Gary Crawford Judy Kayse
Ralph A.Davis,Jr. Steed Smith
CALL TO ORDER[5:15 p.m.]
Mayor Green called the meeting to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Pastor Richard Wuensche of Faith Lutheran Church led the invocation.
ELECTION MATTERS
1. Approve Ordinance 2003-05-06.1,canvassing the regular election held within the City of Huntsville on the 3rd day of May
2003,for the purpose of electing Mayor At-Large and Councilmembers, Wards One,Two and Four.
Councilmember Kayse made a motion to Approve Ordinance 2003-05-06.1.canvassing the regular election held
within the City of Huntsville on the 3rd day of May 2003 for the purpose of electing Mayor At-Large and Ward Four
Councilmember and Councilmember Choate seconded the motion The motion passed unanimously.
2. Official Returns for the City of Huntsville City Officers Election held Saturday,May 3,2003 for the purpose of electing At-
Large Mayor and Councilmember,Ward 4:
102.
.. .... 201 : .,.101 . . . .30 ,: 05F '' 401.:= tal
Ka Davidson 432 184 136 97 57 145 365 98 1514
Da S. Davis 414 119 129 61 29 36 348 74 1210
11
VYard 1 - earl 102; To#a1 ;x
Jo Emmett 68 79 147
Ji Willett 112 107 219
Do othy Shandera 65 53 118
M tHannes 9 15 24
Pa 1 W. Knox 37 46 83
1,
Ward.2 .... Eart..
ME Woodward 96 127 51 274
Jo in Strickland 37 55 36 128
M a Harrell Peck 29 40 34 103
Jo In Escobedo 33 41 30 104
earl ........
Ar reene 95 273 81 449
Bo Tavenner 127 399 81 607
Registered Voters Voted Percentage
Voters Early Election Da v Total
Precinct 101 1,057 30 86 116 11%
Precinct 102 2,694 293 303 596 22%
® Precinct 201 2,248 144 269 413 18%
Precinct 205 2,076 190 713 903 43%
Precinct 206 687 56 162 218 32%
Precinct 301 2,142 84 181 265 12%
Precinct 401 1,950 49 172 221 11%
Total 12,854 846 1,886 2,732 21%
CITY COUNCIL MEETING OF MAY 6 2003 BOOK"T' 33
3. Administration of the Oath of Office to the newly elected members of City Council:Councilmembers Gary Crawford
(Ward 3)and Bob Tavenner(Ward 4)and Mayor Karl Davidson,by City Secretary Danna Welter. Outgoing Mayor
Green said a few words to the Council and Mayor Davidson said a few words.
PUBLIC COMMENTS
1. Darrell Hall. Mr.Hall asked the Council to tag certain items on the statutory agenda in order to allow the new mayor and
-council members time to become familiar with the items. He also asked the conditions of the repayment of the loan on
the golf course. Acting City Manager(ACM)Paul Isham responded that the loan was intended to be a 30-year, no
interest loan with a balloon payment in the thirtieth year.
2. George and Sandi Grock. Mr.and Mrs.Grock complained about their utility and property tax rates. Mayor Davidson
stated reduction in rates was a high priority for him.
3. Charles Smither, Jr. Mr. Smither spoke in opposition to the PGM program because the information requested at a
previous Council meeting has not yet been made available to the public;he also requested that the loan not be made
interest-free to the golf course,but rather charge the highest rate possible and make the decision to not pay back the
interest until after 20 years. Mr.Smither also questioned the Council's objectives being filled out appropriately under the
Council adopted policy governance model.
4. John Strickland. Mr.Strickland stated the golf course should be run as a business,and the proposed PGM program did
not make'business sense'on the City s part.
5. John Smither. Mr.Smither spoke at length in support of adoption of the revised Parks Master Plan. ACM Isham stated
there would be a work session in conjunction with the Parks and Recreation Advisory Board to update the Council on
their progress,and public hearings have been scheduled on May 12 and prior to the Council meeting on May 20. Please
attend the public hearing and provide input.
6. Chuck Fields. Mr.Fields complained about the process to request permission to post signs for sports registration,etc.
and the fact that Council meeting minutes have not been posted to the web site since March. Mr.Fields also stated the
City staff has not been responsive to his calls.
7. Mona Peck. Mrs.Peck stated opposition to the proposed no-interest loan to the golf course,and stated the City should
not lose out on the interest that would have been earned. She also stated the proposed PGM program should include
other golf courses in our area to offer other places for those students to play and reduce the number of rounds played at
the reduced rate on our course. Ms. Peck also stated the utility rates are not reviewed automatically and must be
personally requested.
8. Leigh Ann Byrd. Ms.Byrd presented Mayor Davidson with a Capitol flag on behalf of his campaign staff and volunteers.
STATUTORY AGENDA
1. Consider the election of a Mayor Pro Tem.
Councilmember Smith made a motion to table this item until after the runoff election scheduled for May 31.2003;
and Councilmember Howard seconded the motion The motion passed unanimously.
2. Take action if needed with respect to Ordinance 2003-05-06.2,calling a runoff election on May 31,2003.
Councilmember Smith made a motion to approve Ordinance 2003-05-06.2.calling a runoff election for Wards 1
and 2 on May 31 2003 and Councilmember Howard seconded the motion The motion passed unanimously.
3. Authorize the Acting City Manager to execute the Agreement to Construct Public Improvements as submitted by
ROBO Investments for development at Elks Drive and FM 1374.
ROBO Investments has submitted to the Planning and Zoning Commission and received approval of a plan to
build a 96 unit townhouse/duplex unified development on a 10.96 acre tract located at Elks Drive and FM 1374. The
development will include the extension of water,sewer,drainage and streets. Molly Drive will be extended as a public
street with construction of two connecting private streets,Sendero Drive and Bolero Way. The Development Code
requires the developer to enter into an agreement to construct the public improvements and provide surety to file the
final plat. There is no City participation in the development.
Councilmember Howard made a motion to authorize the Acting City Manager to execute the Agreement to
Construct Pubic Improvements as submitted by ROBO Investments for development at Elks Drive and FM 1374.and
Councilmember Smith seconded the motion The motion passed unanimously.
4. Authorize the Acting City Manager to sign the letter of understanding on behalf of the City,outlining the Citys initial
commitment for participation in a professional golf management degree program with Sam Houston State University.
Sam Houston State University(SHSU)is seeking to establish a Professional Golf Management(PGM)degree
program which must be approved by the Professional Golf Association(PGA). One requirement for PGA approval is
student access to a golf course for play,practice and internships,which can be accommodated by Raven Nest Golf
Course. If selected,SHSU will be the only university in Texas to have such a program.
The letter of understanding outlines the City of Huntsville's initial three-year commitment through Raven Nest Golf
Course to SHSU for the proposed PGM degree program through the College of Business Administration. Raven Nest
will charge a fixed fee per PGM student per semester for use of the course and driving range practice facility under the
direction of the Golf Pro asset forth in the letter of agreement. The proposed per semester fee schedule is$150 for the
first year,$200 for the second year,and$250 for the third year. The fee for future years will be negotiated,and any
adjustments will be made upon joint agreement by the appropriate City and University officials.
i
CITY COUNCIL MEETING OF MAY 6,2003 BOOK"T" 34
It is anticipated that 40 to 50 students will enroll in the program during the first year,with a projected regular annual
enrollment of approximately 300 students. SHSU has requested that the City provide the signed letter of understanding
to be included with its application to the PGA.
Councilmember Choate made a motion to authorize the Acting City Manager to sign the letter of understanding on
behalf of the Citv outlining the City's initial commitment for participation in a professional golf management degree
Program with Sam Houston State Universi a nd C ouncilmember S math s econded t he m otion. C ouncilmember
Escobedo requested that this item be tabled until after the May 31 runoff election. Mayor Davidson tagged this item to
appear on the next scheduled council meeting's agenda.
5. Approve transfer of funds from the FY02-03 CIP Street Funds to Golf Course Fund and prepare no-interest,30-year
promissory notes from Golf Fund to CIP Fund and Water Reserve Fund to document loans to Golf Course Fund.
The cost of constructing Raven Nest Golf Course and the start-up costs for Raven Nest have caused a need for
additional funds to the Golf Course Fund. The City Council conducted a workshop on the golf course on April 22,2003.
During the workshop,the Council identified several CIP street projects that could be delayed or canceled and the FY02-
03 monies be loaned to the Golf Course Fund. Those projects are:11 m-101h Street($366,179);Economic Development
($400,000); Funding of TXDOT Projects($200,000); Metro National E.D. ($90,033); Land ($160,000);for a total of
$1,216,212.
Staff understands that Council desires to transfer(loan)$1,216,212 from the FY02-03 CIP Street Budget to the
FY02-03 Golf Fund Budget and to document such transfer with a no-interest,30-year note. In addition,on February 18,
2003,the Council approved a $612,964 loan from the Water Reserve Fund to the Golf Course Fund. Staff further
understands that Council desires to keep that loan in place,but to treat it as a no-interest,30-year note.
Councilmember Howard made a motion to table this item until a future meeting;and Councilmember Crawford
seconded the motion The motion passed unanimously.
MAYOR/CITY MANAGER ACTMTY REPORT
1. Mayor/City Manager/Councilmember Report.
a. City Auction Report
2. Future Events:
May 6 5:15pm City Council Meeting;Canvass Election
May 20 5:15pm City Council Meeting
May 26 Memorial Day(City offices closed)
June 3 5:15pm City Council Meeting
June 5 5:00-9:00pm Council Budget Workshop
June 6 9:00am-5:00pm Council Budget Workshop
June 7 8:00am-12:00pm Council Budget Workshop
June 17 5:15pm City Council Meeting
June 19 Juneteenth(City offices closed)
MEDIA INQUIRIES
Mr.Sablatura of the Huntsville Observer asked about the terms of the loan. Will the golf course make periodic payments
or is there a balloon note at the end? Will this money ever truly be paid off or is this a way to write off three million dollars
worth of loans? ACM[sham stated that the intention was for the loan to be paid off once the golf course becomes profitable.
Misty Foster of the Huntsville Item introduced herself as the new reporter covering the City.
RECESS[6:55-7:15 p.m.]
WORK SESSION[7:15—8:50 p.m.]
City Council conducted a joint work session with the Parks&Recreation Advisory Board to discuss updates to the Parks
Master Plan.
® ADJOURNMENT[8:50 p.m.]
i
Danna Welter,Ciry Secretary
CITY COUNCIL MEETING OF JUNE 3,2003 BOOK"T' 37
i
I
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF JUNE,2003,IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS: OFFICERS:
Karl Davidson,Mayor Judy Ys K
a e
Paul[sham,Acting City Manager
Jack Choate Bob Tavenner Danna Welter,City Secretary
Vance Howard
ABSENT: Mark Erb,John Escobedo,Gary Crawford,Steed Smith
CALL TO ORDER[5:15 p.m.]
Mayor Davidson called the meeting to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Reverend Ellen Willett of First United Methodist Church led the invocation.
ELECTION MATTERS
1. Approve Ordinance 2003-06-03.1,canvassing the regular election held within the City of Huntsville on the 31st
day of May 2003,for the purpose of electing Councilmembers, Wards One and Two.
Councilmember Howard made a motion to Approve Ordinance 2003-06-031 canvassing the regular election held
within the City of Huntsville on the 31 st day of May 2003 for the purpose of electing Councilmembers. Wards One and
Two:and Councilmember Choate seconded the motion The motion passed unanimously.
2. Official Returns for the City of Huntsville City Officers Election held Saturday,May 31,2003 for the purpose of electing
Councilmembers Wards One and Two
In
Joe Emmett 88 74 162
Jim Willett 117 96 213
201 .
Mac Woodward 871 921 341 213
John Strickland 41 56 26 123
Registered Voters Voted Percentage
Voters Early Election Day Total
Precinct 102 2,694 205 171 376 14%
Precinct 201 2,246 85 148 233 10%
Precinct 206 690 43 60 103 15%
Total 5,630 333 379 712 13%
3. Administration of the Oath of Office to the newly elected members of City Council:Councilmember Jim Willett(Ward
One)and Councilmember Mac Woodward(Ward Two),by City Secretary Danna Welter.
4. Consider the election of a Mayor Pro Tem.
Councilmember Choate made a motion to name Councilmember Vance Howard as Mayor Pro Tem: and
Councilmember Kayse seconded the motion The motion was approved unanimously.
PRESENTATIONS
® 1. Mayor Davidson recognized Kim Ward,Huntsville-Walker County Communications Center Supervisor,for her recent
award by the Greater Houston EMS Council as Communicator of the Year for outstanding service to Harris County,
Walker County and surrounding areas,and presented her with a gold star from the City.
2. Kacey Krystyniak, Executive Director of Huntsville's Promise, gave a brief presentation and demonstration of
Huntsville's Promise newly-installed kiosks.
CITY COUNCIL MEETING OF JUNE 3,2003 BOOK"T" 38
PUBLIC HEARING on TCDP OCR PHASE I CLOSEOUT
Public Hearing required by the City's contract with the Texas Community Development Program regarding the completion
of the grant-funded,phase one installation of first-time sewer service in the Old Colony Road neighborhood. Christina Laktas
of Gary Traylor and Associates opened with a few comments. Ms.Laktas announced that the City had recently also been
awarded a second grant for Phase 11 of the sewer service project,and provided Council some details on what Phase I of the
project had accomplished.
1. Charles Smither.Jr. Mr.Smither commented that the results of the grant project should be open to the public so that
they can be viewed prior to the end of the project. Ms.Laktas responded that the grant documents are available for the
public at the Service Center.
PUBLIC HEARING on TEXAS CAPITAL FUND
Public Hearing for citizen input prior to the development of a grant application to the Texas Department of Agriculture—
Texas Capital Fund. Mark Leonard, Grant Coordinator, opened the public hearing with a few comments about the grant
process.
1. Joe Elliott. Mr.Elliott spoke as a member of the Literacy Council,requesting that any businesses that may benefit by any
grant from the TCF be open to allow input from the Literacy Council to help problem solve and/or promote literacy issues
from within their businesses.
2. Hollis Murray. Ms.Murray shared her insights as a Literacy Council counselor,and reiterated Mr. Elliott's request.
3. Carolyn Leonard. Mrs.Leonard clarified the workforce literacy program,in that private businesses that may benefit from
the Texas Capital Fund be asked to participate in literacy advancement.
PUBLIC COMMENTS
Mayor Davidson asked that persons addressing Council follow these guidelines: 1)State the topic;2)Be as clear as
possible;3)State what you have done to rectify the issue. 4)Explain what you would like the City to do specifically;and 5)
Please limit your remarks to five minutes.
1. Darrel Hall. Mr.Hall spoke at length in opposition to the City reaffirming their contribution to the Wynne Home funding.
2. Chuck Fields. Mr.Fields requested the City construct lights at the soccer fields with Soccer Association participation.
3. Delora King. Ms.King spoke in opposition to the City reaffirming their contribution to the Wynne Home funding.
4. Charles Smither,Jr. Mr.Smither addressed Council regarding the golf course structure and fees.
5. O.J.Moak. Mr.Moak requested the City enforce stricter criteria with respect to the use of the amphitheater,especially
monitoring loud concerts at night,and requested a copy of the City noise ordinance.
6. Brooke Zellar. Mrs.Zellar spoke on front-end intervention for youth.
7. Mark Leonard. Mr. Leonard requested the City enforce stricter criteria with respect to the use of the amphitheater,
especially monitoring loud concerts at night.
8. Mona Peck. Mrs.Peck spoke in opposition to the City reaffirming their contribution to the Wynne Home funding.
9. Brian Woodward. Mr.Woodward spoke in opposition to the Stivers utility extension request.
STATUTORY AGENDA
1. Accept the piano from Sandra Fitzgerald for the Wynne Home with sincere appreciation.
Ms.Sandra Fitzgerald has given a gift of a square grand piano to the City of Huntsville for the Wynne Home Arts
Center.The piano is a nineteenth century Steinway in excellent condition. Sandra and Bill Fitzgerald have sold their
home where the piano is located and offered the piano to the City of Huntsville for the Wynne Home Arts Center. The
piano will have been moved by May 30,2003.
The piano is a gift,appraised at a value of$30,000. The cost of moving the piano with special handling will be less
than$300 and will be paid from budgeted funds for the arts.
Councilmember Choate made a motion to accept the piano from Sandra Fitzgerald for the Wynne Homes and
Councilmember Howard seconded the motion The motion passed 6-1 with Councilmember Tavenner voting against.
2. Consider action on the Stivers utility extension request along Veteran's Memorial Parkway.
Joe Stivers has requested City participation in the extension of a 6"water and wastewater line from Broadmoor Dr.
northerly along Brookhollow to Veterans Memorial Dr.then easterly to the proposed subdivision.The proposed utilities
Will service a two-acre lot for Joe Stivers future office development as well as provide utilities accessibility to the adjoining
Smither property. Mr.Stiver's letter indicates his proposed development intentions. Additionally,a utility easement
across a City-owned 100'wide greenbelt is requested for electrical and other related services.
Assuming Mr.Stiver's development increases the property value by$100,000,the projected revenue increase to
the City will be an estimated total of$1,305.48/yr.
Councilmember Howard made a motion to table this item;and Councilmember Kayse seconded the motion. The
motion passed unanimously.
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CITY COUNCIL MEETING OF JUNE 3,2003 BOOK"T" 39
3. Approve expenditure of travel funds(registration,hotel,meals,transportation)per Councilmember to attend the NLC
and/or TML conference(s)to be funded from budgeted funds.
Section 14.11 of the City Charter states that a Councilmember shall not be entitled to reimbursements exceeding
$500 each for each fiscal year, however, it specifically provides that such limitations shall apply only to reimbursed
expenditures and shall not restrict or limit the authorityof Council to authorize expenditures by a Councilmember forsuch
purposes in excess of such amounts prior to the time such expenditures are made.
The two conferences referenced are The High Performance Governing Body.Building Dynamic Council-Manager
Relations sponsored by the National League of Cities(Wichita,KS,June 26-28)and The Newly-Elected City Officials'
Orientation sponsored by Texas Municipal League (Austin, July 25-26). Projected approximate costs per
Councilmember for each of the conferences is for TML—approximately$273/person and for NLC—approximately
$1492/person.
Councilmember Howard made a motion to approve expenditure of travel funds (registration,hotel,meals,
transportation)per Councilmember to attend the NLC and/or TML conference(s)to be funded from budgeted funds:and
Councilmember Choate seconded the motion The motion passed unanimously.
MAYORICITY MANAGER ACTIVITY REPORT
1. Mayor/City Manager/Councilmember Report.
a. June 17 City Council meeting rescheduled for June 24.
b. Finance Committee Meeting scheduled for 4:00pm on July 1.
C. Town Meeting scheduled for 6:00pm on June 10 at Mance Park Junior High School.
2. Future Events:
June 5 4:00-6:00pm Council Budget Workshop(note time change)
June 6 3:00-5:00pm Council Budget Workshop(note time change)
June 17 5:15pm City Council Meeting—RESCHEDULED
June 19 Juneteenth(City offices closed)
® July 1 5:15pm City Council Meeting
July 4 Independence Day(City offices closed)
July 15 5:15pm City Council Meeting
MEDIA INQUIRIES
Mr. Sablatura of the Huntsville Observer inquired if the City monies set aside for the Wynne Home would be tax
deductible for the City.
RECESS [7:00 p.m.]
WORK SESSION[7:17 p.m.]
City Council conducted a work session to discuss the Wynne Home improvements and financing,with presentation by Linda
Pease,Cultural Services Coordinator.
ADJOURNMENT[9:07 p.m.]
Danna Welter,City Secretary
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CITY COUNCIL MEETING OF MAY 25,2004 BOOK"T" 126
THE 25TH DAY OF MAY 2004,IN THE CITY HALL,
� E
THE HUNTS
VILLE CITY COUNCIL MEETING HELD ON H
LOCATED A2
T 1212 AVENUE M IN THE CITY
OF HUNTSVILLE WALKER,COUNTY OF A ,
TEXAS AT 6:00 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS: OFFICERS:
Jack Choate Steed Smith Kevin Evans,City Manager
Gary Crawford Bob Tavenner Danna Welter,City Secretary
Vance Howard Jim Willett Thomas Leeper,City Attorney
Judy Kayse Mac Woodward
ABSENT: Karl Davidson
CALL TO ORDER[6:00 p.m.]
Mayor Pro Tem Howard called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Reverend Karl Choate led the invocation.
PUBLIC COMMENTS
1. Darrell Hall. Mr. Hall spoke in opposition to Councilmember Howard possibly being named Mayor, asking
Councilmember Howard if he had time to devote to the job.
2. Nancy Franklin. Ms.Franklin congratulated Councilmembers Kayse and Choate for their successful campaigns;she
stated the present political climate in the city is completely unreasonable and cannot continue if the city is to prosper,and
she encouraged the Mayor to do the right thing and resign immediately.
MAYOR i COUNCILMEMBER i CITY MANAGER REPORT
1. Consider and take action with respect to Mayor Karl Davidson's letter of resignation.
City Attorney Thomas A.Leeper submitted the following letter to the Council:
On May 19,2004,Mayor Davidson delivered his written,signed letter of resignation to the City of Huntsville. On
May 20,2004,Mayor Davidson delivered a written,signed letter to the City of Huntsville purporting to withdraw his previous
resignation. These circumstances present two primary questions: 1)may an elected official withdraw the official's
resignation after it has been delivered to the authority for which that official serves but prior to its acceptance?,and 2)is
Mayor Davidson's May 20 letter sufficient to withdraw his resignation? Based upon my research,the first question is not
a settled issue of law,and the second question involves a fact issue;therefore both must be determined by Council.
In my opinion,the cautious answer to both questions would be"yes."
1) Mayan elected official withdraw the official's resignation after it has been delivered to the authority for which that
official serves but prior to its acceptance?
An analysis of the first question reveals a threshold issue as to whether the Election Code would apply. Arguably it
would not apply because under the specific circumstances which exist here,there will not be a requirement to have an
election to fill the vacancy. By operation of the Citys Charter,when less than one year remains on the unexpired term,
the Mayor Pro Tem is appointed Mayor,and no election is triggered. In the general application of our Charter,however,the
Election Code is implicated: the determination of the date of a resignation and the resignation's finality would control
whether a special election would need to be called or if an appointment would occur by operation of the Charter. I find no
precedent to guide us as to whether this analysis would apply. Some guidance may be derived from Attorney General
Opinion DM-406 which declares the common law rule"has been modified with respect to elected officials in this state by...the
Election Code." In that opinion,the vacancy created by a resigning school board member was filled by appointment of the
board until the next election.
If the Election Code is not triggered,the common law applies. Under common law of this State,a public officers
resignation is not effective until it has been accepted by the appropriate authority. Sawyer v.City of San Antonio,234
S.W.2d 398(Tex. 1950). The officer may withdraw it prior to acceptance.
If the Election Code does apply,the answer is more difficult. In Texas State Democratic Executive Committee v.
Rains,756 S.W.2d 306(Tex. 1988),our Supreme Court held regarding Election Code§201.001 (a):
Under the plain language of subsection(a),there are only three requirements for a resignation"to be effective"—
that it be written,signed and delivered.
However,Rains did not specifically address the issue of the withdrawal of a resignation. Further,after the Rains
opinion,the Legislature amended sections 201.001 and 201.023.
® An Attorney General's Opinion rendered after the Legislature's amendments,Opinion No.DM-406,addressed the
question: "Whether an independent school board member who resigns may withdraw the resignation before his or her
successor qualifies for office." In the situation thereat issue,the board had accepted a members resignation,but no
successor had yet been selected. In its discussion,the Attorney General's Office concluded:
CITY COUNCIL MEETING OF MAY 25,2004 BOOK"T" 127
that an independent school district board member's written, signed resignation that has been delivered to the
school board is effective upon its acceptance by the school board or on the eighth day after its receipt....whichever
occurs earlier. The school board member may withdraw the resignation before it becomes effective. Id.
The AG Opinion discussed in a prior footnote the above mentioned changes in the two Election Code provisions
and that a legislative bill analysis states:
...these amendments were made in response to the[Rains]court's holding....and suggests that the legislature
intended,at least in part,to create a period between delivery of a resignation and its acceptance during which the
resigning official would be able to withdraw the resignation. Id.,at n.1 (emphasis added).
In considering the above,note that Supreme Court opinions are controlling authority. Attorney General Opinion are
persuasive authority and,while not controlling,are entitled to great weight unless clearly wrong. The Attorney General's
opinion is instructive in addressing an open issue of law and may well be a good indicator of what a court might decide.
However,Attorney General Opinion DM-406 is weak in that it fails to distinguish that the Code provision regarding the
date of an authoritys accepting a resignation or eight days after its receipt is for the purpose of determining the date a
vacancy occurs. Election Code§201.0231. It is section 201.001(a)which deals with when a resignation is effective,and
this section's first sentence remains unchanged from the time of the Rains analysis: "To be effective,a public officer's
resignation ... must be in writing and signed by the officer ... and delivered to the appropriate authority ..." The
Legislature amended the second sentence of 201.001,changing"A resignation must be accepted by that authority"to
"The authority may not refuse to accept a resignation." A valid argument may be made that the law stated in Rains
remains current law as to whether a resignation is effective upon delivery.
2) Is Mayor Davidson's May 20 letter sufficient to withdraw his resignation?
Council must decide a fact issue as to whether Mayor Davidson's May 20 letter is an unqualified withdrawal of his
resignation,an amendment to the May 19 resignation letter or a second resignation. Ambiguities arise in the May 20
letter due to the second paragraph. The letter seems to continue to express Mayor Davidson's intention to resign,and it
is stating a different time when Mayor Davidson intends the resignation to occur(that is,to occur on a date to be
determined by completion of the runoff election,new council swearing in and new mayor pro tem selection rather than
May 31,2004). The final paragraph states the Mayor does"...withdraw my previously submitted resignation." Given that
the letter withdraws"my previously submitted resignation"and expresses the later point in time until which he plans to
serve, it is also possible the May 20 letter is a second resignation letter replacing the May 19 resignation.
Notwithstanding the ambiguity of the overall letter,the cautious approach is to consider the language of the last sentence
and ignore the ambiguous language,thus construing the letter as an intention to withdraw the resignation.
Conclusion
Considering the last sentence of the May 20 letter,Mayor Davidson is seeking to withdraw his resignation.
The status of the law as to withdrawal of an elected official's resignation is unclear. Council must decide whether
the May 19 resignation can be withdrawn or if it was"effective"when delivered to the City. While arguments for either
decision have merit,the cautious action would be to allow the withdrawal. However,either decision may lead to litigation,
and the outcome of such litigation is unclear.
An option for Council is to simply take no action on the May 19 letter and make no interpretation of the May 20
letter. Mayor Davidson would remain in the office of Mayor. At the future date described by the May 20 letter,Mayor
Davidson may then deliver a new resignation letter to Council.
ELECTION MATTERS
1. Consider and take action with respect to Ordinance 2004-05-25.1,canvassing the regular election held within the Cityof
Huntsville on May 15,2004,for the purpose of electing At-Large Councilmembers,Positions One,Two,Three and Four.
Councilmember Crawford moved to approve Ordinance 200405-25.1.canvassing the regular election held within
the City of Huntsville on May 15 2004 for the puroose of electing At-Large CouncilmembersPositions One,Two.Three
and Four and Councilmember Woodward seconded the motion. The motion passed 8-0.
2. Official Returns for the Cityof Huntsville CityOfficers Election held Saturday,May 15,2004 for the purpose of electing
At-Large Councilmembers,Positions One,Two,Three and Four.
WOO
1�ES1�tC1T1xE.. .
Dick Lindeman 503 117 B8 83 44 122 308 77 1342
Steed Smith 660 139 124 43 23 37 373 58 1457
Matt Hannes 159 60 58 24 19 32 103 30 485
OSIiS� .:.: TiT
Db6, . "I. 3 D �.
Jim Standefer 104 84 39 127 330 93 1465 vr�
Jud Ka a 167 68 52 64 448 74 1826
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li CITY COUNCIL MEETING OF MAY 25,2004 BOOK"T" 128
o lti7an sitar, Q :_ :-U .Micke S. 568 115 113 56 15 24 353 70 1314
Nate Gri 307 74 56 30 60 75 135 27 764
John Kerr Smither 32 12 7 7 0 5 14 2 79
Bill Knotts 418 120 94 61 24 97 270 70 115411
��os trl �.4
Jack K.Choate 828 181 172 69 37 59 498 75 1919
Delors Kin 487 134 97 79 53 130 279 87 1346
Registered Voters Voted
Voters Early Election Day Total Percentage
Precinct 101 1,070 43 100 143 13%
Precinct 102 2,787 371 326 697 25%
Precinct 201 2,403 224 272 496 21%
Precinct 205 2,175 401 785 1186 55%
Precinct 206 710 98 157 255 36%
Precinct 301 2,236 120 203 323 12%
Precinct 401 2,086 82 169 251
Total 13,467 1,339 2,012 3,351 25%
® 3. Administration of the Oath of Office to the re-elected members of City Council Judy Kayse,At-Large Position 2,and Jack
Choate,At-Large Position 4.
4. Consider and take action with respect to Ordinance 2004-05-25.2,calling a runoff election to be held within the City of
Huntsville on June 26,2004,for the purpose of electing At-Large Councilmembers,Positions One and Three.
Councilmember Crawford moved to approve Ordinance 2004-05-25.2.calling a runoff election to be held within the
City of Huntsville on June 26 2004 for the purpose of electing At-Large Councilmembers.Positions One and Three:and
Councilmember Woodward seconded the motion. The motion passed 8-0.
STATUTORY AGENDA
1. Deliver,consider and take action with respect to the Mayor's Veto and Veto Message.
City Attorney Thomas A.Leeper stated this item was placed on the agenda per the charter requirement for the
City Secretary to deliver such veto to the Council. Mr.Leeper stated the Council's options were to:ask if the veto were
valid, override the veto if valid,or take no action. Councilmember Smith asked if it was a valid veto; Mr. Leeper
responded yes. Councilmember Crawford requested that it be put on the next regular agenda. City Manager Kevin
Evans asked the Council if he could include this material in some cumulative Council procedures at a future time.
Councilmember Choate moved to table this item until al future meeting:and Councilmember Crawford seconded
the motion. The motion passed 8-0.
ADJOURNMENT[6:28 p.m.]
Danna Welter,City Secretary
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BOOK"T"
13
CITY COUNCIL MEETING OF JULY 6,2004 _
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF JULY 2004,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 members present:
COUNCILMEMBERS: OFFICERS:
Jack Choate Steed Smith Kevin Evans,City Manager
Gary Crawford Bob Tavenner Danna Welter,City Secretary
Mickey Evans Jim Willett Thomas Leeper,City Attorney
Judy Kayse Mac Woodward
Councilmember Kayse moved to appoint Councilmember Jack Choate as the Acting Mayor for the July 6 Citv
Council meeting-and Councilmember Smith seconded the motion. The motion passed 8-0.
CALL TO ORDER[6:00 p.m.]
Acting Mayor Jack Choate called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Director of Parks and Recreation Ray Black led the invocation.
ELECTION MATTERS
1. Consider and take action to approve Ordinance 2004-07-06.1,canvassing the runoff election held within the City of
Huntsville on June 26,2004,for the purpose of electing At-Large Councilmembers,Positions One and Three.
ORDINANCE NO.2004-15
AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF ELECTION HELD
WITHIN THE CITY OF HUNTSVILLE ON THE 26TH DAY OF JUNE 2004, FOR THE
PURPOSE OF ELECTING COUNCILMEMBERS, AT-LARGE POSITIONS 1 AND 3;
DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE
ELECTION WAS DULY AND PROPERLY GIVEN,THAT THE ELECTION WAS PROPERLY
HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE
WITH THE LAWS OF THE STATE.
FOR COUNCILMEMBER,AT-LARGE POSITION 1
DICK LINDEMAN 363
STEED SMITH 876
FOR COUNCILMEMBER,AT-LARGE POSITION 3
BILL KNOTTS 270
MICKEY S.EVANS 971
Position 1 Eariv 102 201 206 101 301 205 401 Total
Dick Lindeman 136 41 28 12 7 25 96 18 36
Steed Smith 457 1 68 1 53 1 32 9 1 13 217 1 27 876111
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CITY COUNCIL MEETING OF JULY 6 2004 BOOK"T" 135 z
Position 3 102 201 206 101 301 205 401 Total
Bill Knotts 96 31 24 4 8 21 72 14 270
MickeyS. Evans 498 78 56 41 9 17 241 31 971
Registered Voters Voted
Voters Early Election Day Total Percentage
Precinct 101 1,070 11 17 28 3%
Precinct 102 2,787 182 109 291 10%
Precinct 201 2,403 110 81 191 8%
Precinct 205 2,175 170 313 483 22%
Precinct 206 710 49 45 94 13%
Precinct 301 2,236 36 38 74 3%
Precinct 401 2,086 39 45 84 4%
Total 13,467 597 648 1,245 9%
2. Administration of the Oath of Office to the City Council re-elected member Steed Smith,At-Large Position One,and
newly elected member Mickey Evans,At-Large Position 3,by Walker County Judge Danny Pierce.
3. Discussion of process for electing a Mayor Pro Tem and filling the vacancy in the office of Mayor.
4. Consider and take action to elect a Mayor Pro Tem,and fill the vacancy in the office of Mayor.
Councilmember Crawford moved to appoint the Mayor Pro Tem based on seniority;and Councilmember Kayse
seconded the motion.The motion failed 4-4,with Councilmembers Evans,Tavenner,Willett and Woodward voting
against.
Councilmember Tavenner moved to appoint Councilmember Woodward as Mayor Pro Tem;and Councilmember
Tavenner seconded the motion.
Councilmember Kayse moved to appoint Councilmember Smith as Mayor Pro Tem;and Councilmember Crawford
seconded the motion.
Election of a Mayor Pro Tem was tied at 3-3.
After lengthy discussion Acting Mayor Choate pulled this item to be discussed at the close of the meeting,
following other regular business.
5. Consider and take action to appoint a Councilmember as representative to the Walker County Public Safety
Communications Executive Board.
Councilmember Evans moved to appoint himself as representative to the Walker County Public Safety
Communications Executive Boards and Councilmember Kayse seconded the motion. The motion passed 8-0
CONSENT AGENDA
1. Approve the minutes of the May 4,May 25,May 26,and June 1,2004 City Council meetings.
2. Approve Resolution 2004-07-06.1,authorizing the City's participation in TexSTAR.
3. Approve Resolution 2004-07-06.2,authorizing the City's participation in TexTERM.
4. Approve Resolution 2004-07-06.3,supporting the HEARTS Veterans Museum fundraising efforts.
Councilmember Kayse moved to approve the Consent Agenda with the exception of Items 2, 3 and 4: and
Councilmember Crawford seconded the motion. The motion passed 8-0.
2. Approve Resolution 2004-07-06.1,authorizing the City's participation in TexSTAR.
Councilmember Tavenner moved to approve Resolution 2004-07-06.1. authorizing the City's participation in
TexSTAR:and Councilmember Woodward seconded the motion. The motion passed 8-0.
3. Approve Resolution 2004-07-06.2,authorizing the City's participation in TexTERM.
Councilmember Kayse moved to approve Resolution 2004-07-06.2 authorizing the City's participation in
TexTERM:and Councilmember Tavenner seconded the motion. The motion passed 8-0.
4. Approve Resolution 2004-07-06.3,supporting the HEARTS Veterans Museum fundraising efforts.
Mickey S.Evans,Councilmember At-large,Position 3,asked that the following prepared statement be included in
the minutes:
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® CITY COUNCIL MEETING OF JULY 6,2004 BOOK"T" 136
"Beginning in 1994 as a storefront display in the Bluebonnet Square Antique Mall honoring veterans of the United
States Armed Services,the evolution of thought for the ultimate creation of the HEARTS Veterans Museum was begun
by Charlotte Oleinik.
"Partnering with Master Sergeant Charles Davis,(USA,Retired)these two local community activists organized a
traveling display of photographs,personal histories,memorabilia,awards,decorations,and other military items loaned
or donated by many local veterans and their family members. Attracting other veterans and volunteers to assist them,
they caringly and passionately shared these exhibits and the personal experiences of local veterans with our local
children and their teachers until the size of the exhibits became much too large to move from one place to another.
"During these early years,comments were made about Charlotte's kind heart,the generous hearts of her growing
legion of veterans and volunteers,and their combined heart-felt passion for teaching lessons in liberty and promoting
patriotism within our community. Thus,the HEARTS acronym,Helping Every American Remember Through Serving
was adopted for a local veterans museum to which visitors could come and learn from the displays on a permanent
basis.
.With the help of the time,talent,and treasure of many veterans,volunteers,local businesses,civic organizations,
and governmental institutions,the HEARTS Veterans Museum has proven itself to be an outstanding addition to the
Huntsville,Walker County,Texas community. It has drawn many visitors and veterans groups who have consistently
expressed their amazement and pleasure with our unique veterans museum and the outstanding cooperative efforts of
our local veterans,volunteers,and supporting partners.
"The HEARTS Veterans Museum broke ground today next to the Texas Prison Museum to begin the construction
of a magnificent new structure that will honor our veterans and bring great credit to the City of Huntsville and Walker
County,Texas. Fundraising for its construction is underway.
"I give both my personal and public support to this living monument remembering and honoring the hearts of our
local veterans and those who loved them here at home during their service.
"I urge my city council colleagues to give their support as well. And,I encourage my fellow citizens to share their
time,talent,and treasure in support of this wondrous and worthy community effort that will serve our community well and
faithfully for decades to come."
Councilmember Evans moved to approve Resolution 2004-07-06.3,supporting the HEARTS Veterans Museum
® fundraising efforts;and Councilmember Crawford seconded the motion The motion passed 8-0.
STATUTORY AGENDA
1. Consider and take action to authorize the payment of$72,823.81 from budgeted funds to AT&T for construction costs
related to Robinson Creek Parkway and Smither Drive.
On April 14,2000,the City entered into a contract with AT&T to lower cables for the construction of Robinson
Creek Parkway and Smither Drive.The contract had an estimated cost of$32,200 with the disclaimer that it could be
higher or lower and the City would pay the actual cost incurred by AT&T. I would not approve the original billing of
$72,823.81 without detailed backup to verify the substantial difference from the original cost estimate. It has taken
several years to receive the requested documentation.
Councilmember Smith moved to authorize the payment of $72,823.81 from budgeted funds to AT&T for
construction costs related to Robinson Creek Parkway and Smither Drive:and Councilmember Evans seconded the
motion The motion passed 8-0.
2. Consider and take action to authorize the City Manager to enter into a contract with Dudley Construction for the City of
Huntsville Downtown Streetscape/Texas Capital Fund Grant Project in an amount not to exceed$130,821.64 to be paid
from budgeted funds.
The City of Huntsville received a grant from the Texas Capital Fund in the amount of$150,000 and Council
budgeted$50,000 for the administration,construction,and landscaping of the islands at 1 e Street and University for a
total of$200,000, of which$25,000 was for grant administration and$10,000 for engineering, leaving$165,000 for
construction activities.
The re-bid of the Downtown Mainstreet Project/Texas Capital Fund Grant occurred when the City Council rejected
the original bid for lack of funds. The Grant Administration granted a reduction in scope of work from the original
application and approved the re-bid of this project. The conditional approval from TDLR has being given for this project.
Three bids were received with Dudley Construction the lowest bid($130,821.64).
Councilmember Smith moved to authorize the City Manager to enter into a contract with Dudley Construction for
the City of Huntsville Downtown Streetscape/Texas Capital Fund Grant Prosect in an amount not to exceed$130.821.64
to be paid from budgeted funds•and Councilmember Kayse seconded the motion. The motion passed 8-0.
3. Consider and take action to authorize the City Manager to enter into a contract with the low bidder of J&M Contracting
® Company in the amount not to exceed$197,332.70 for the construction of Industrial Drive Improvements to be funded
from water,sewer and street CIP funds with 50%developer participation.
The ultimate development of this proposal will provide a traffic circulation corridor from FM247 to FM2821 without
having to go thru the intersection at FM247 and FM2821. Development potential is occurring on both ends of this
proposed cross circulation route,the American Legion and Prestige Development on the southwesterly end and the
Curtis proposed 47-acre residential development on the northeasterly end.Prestige Development owns the remaining
land in between and is planning a future phased development.
All three Developers have deposited the required letters of credit to support their Y2 of the costs.
On September 2,2003,City Council authorized City participation with the Developers(50/50)in an amount not to
CITY COUNCIL MEETING OF JULY 6,2004 BOOK"T" 137
exceed$137,500 for this project. Bids were received and opened on June 23,2004 with J&M Contracting the lowest
bidder($197,332.70).
Councilmember Willett moved to authorize the City Manager to enter into a contract with the low bidder of J&M
Contracting Company in the amount not to exceed$197,332.70 for the construction of Industrial Drive Improvements to
be funded from water, sewer and street CIP funds with 50%developer participation and Councilmember Crawford
seconded the motion The motion passed 8-0.
4. Consider and take action to authorize the City Manager to enter into a contract with the low bidder of Grisham
Construction in an amount not to exceed$129,460.40 for the construction of the water and sewer line extensions to the
Charles Thompson tract to be funded from budgeted water&sewer CIP funds and developer participation.
On July 15,2003,City Council approved 50 percent participation,minus$25,000 for ELRC contribution,for the
extension of water and sewer to serve a 1.99 acre lot owned by Charles Thompson for an amount not to exceed
$71,434.
Bids were received and opened on June 23,2004 with Grisham Construction the lowest bidder($129,460.40).
The low bid of$129,460.40 is less than the original engineer's estimate of$147,801.
Councilmember Crawford moved to authorize the City Manager to enter into a contract with the low bidder of
Grisham Construction in an amount not to exceed $129,460.40 for the construction of the water and sewer line
extensions to the Charles Thompson tract to be funded from budgeted water & sewer CIP funds and developer
participation and Councilmember Kayse seconded the motion The motion passed 8-0.
5. Consider and take action approve the ROW document abandoning the existing 50' right-of-way on Parr Drive in
exchange for a 40'right-of-way and an adjacent 10'utility easement.
Mr.Allbritton has requested that the right of way on Parr Drive be reduced from 50'to a 40'right-of-way with an
adjacent 10' utility easement. The 50' right-of-way was obtained in 1993 in connection with providing an adequate
waterline to provide fire protection to the Parr Drive subdivision.
In my discussions with Mr.Allbritton,he has conveyed that he did not understand the width or location of the right-
of-way and the impact it had on his property and that any additional right-of way above 40' should come from the
adjoining property.
Mr. Allbritton's request has been reviewed and approved by the Planning and Zoning Commission with the
stipulation that only three additional residential lots can be subdivided off of Parr Drive.
All existing utilities and street can be operated and maintained within the proposed 40'right-of-way and adjacent
10'utility easement.
Councilmember Crawford moved to approve the ROW document abandoning the existing 50'right-of-way on Parr
Drive in exchange for a 40'right of way and an adjacent 10'utility easement and Councilmember Smith seconded the
motion The motion passed 8-0.
6. Consider and take action to approve the purchase of network repair services and hardware from DataVox and Westlin
Corporation for repairing the network in an amount of$47,486.79 to be funded from budgeted funds.
The Xyzel Alcatel switches were not able to handle the high broadcast traffic required to support the amount of IP
I network and telephone traffic from remote sites like Parker Creek. Subsequently,
telephone traffic and the additiona
when the Nachi-d virus attacked the LAN,the equipment was unable to function at all. The failed parts(controller cards
and power supplies) on the City Hall Alcatel switch where all management PVCs terminated were not able to be
replaced because the equipment designer has been out of business since 1999, leaving us with irreparable core
equipment.
The radios on top of the towers had to be upgraded to allow them to be converted to Ethernet to make them
compatible with the new switches. Since the Alcatels were inaccessible,management through them to the radios was
impossible. The vendor had to climb the towers,remove the radios,disassemble and flash them,reassemble,and re
climb the tower to put them back.
Councilmember Crawford moved to approve the purchase of network repair services and hardware from DataVox
and Westlin Corporation for repairing the network in an amount of$47,486.79 to be funded from budgeted funds and
Councilmember Tavenner seconded the motion The motion passed 8-0.
7. Discuss and take action if needed with respect to personnel and contractual matters as pertaining to the Information
Services Department,as presented by City Manager Kevin Evans.
Deliberation of this item was held in closed session under Texas Government Code Chapter 551 Section 551.074
personnel matters regarding the election appointment and/or duties of one or more officers and/or employees.
8. Discuss and take action if needed with respect to appropriate funding with respect to the commissioners' ruling
regarding the Cole property condemnation hearing,as presented by Thomas A.Leeper,City Attorney.
Deliberation of this item was held in closed session under Texas Government Code Chapter 551 Section 551.071
—.consultation with counsel on legal matters:
9. Discuss and take action if needed with respect to appropriate funding with respect to the commissioners ruling regarding
the Cole property condemnation hearing,as presented by Thomas A.Leeper,City Attorney.
Deliberation of this item was held in closed session under Texas Government Code Chapter 551,Section 551.071
—consultation with counsel on legal matters:
I
® CITY COUNCIL MEETING OF JULY 6,2004 BOOK"T" 138
RECESS[7:36-7:50 p.m.]
EXECUTIVE SESSION [7:54-8:47 p.m.]
RECONVENE[8:55 p.m.]
7. Discuss and take action if needed with respect to personnel and contractual matters as pertaining to the Information
Services Department,as presented by City Manager Kevin Evans.
Councilmember Crawford moved to approve the contract with Tatum Partners hiring Jerry Byrd as Interim Director
of Information Technology at a cost no to exceed$85,000:and Councilmember Choate seconded the motion. The
motion passed 8-0.
8. Discuss and take action if needed with respect to appropriate funding with respect to the commissioners' ruling
regarding the Cole property condemnation hearing,as presented by Thomas A.Leeper,City Attorney.
Councilmember Kayse moved to authorize the City Attorney to deposit the Commissioner's iudgment of$56,000
on file with the Coun Clerk's office and to ob ect and accept to the award and Councilmember Crawford seconded the
motion The motion passed 8-0.
9. Discuss and take action if needed with respect to appropriate funding with respect to the commissioners ruling regarding
the Clegg property condemnation hearing,as presented by Thomas A.Leeper,City Attorney.
No action was taken on this item.
MAYOR/COUNCILMEMBER/CITY MANAGER REPORT
® City Manager Kevin Evans presented the proposed Budget Calendar/Schedule.
ELECTION MATTERS
4. Discussion of process for electing a Mayor Pro Tem and filling the vacancy in the office of Mayor.
Several Councilmembers stated their opinion on the method for filling the vacancy.
5. Consider and take action to elect a Mayor Pro Tem,and fill the vacancy in the office of Mayor.
Councilmember Crawford moved to appoint Councilmember Smith as Mayor Pro Temm and Councilmember Kayse
seconded the motion The motion passed 6-2 with Councilmembers Evans and Tavenner voting against.
ANNOUNCEMENTS
City Manager Evans mentioned the following dates/events:
Leadership Conference on proposed TIRZ as sponsored by the Chamber of Commerce on July 13,2004;and
Texas Town and Cities Magazine—article on Community Development Department.
ADJOURNMENT[9:10 p.m.]
4nannSWWelter,�Ciity Secretary
CITY COUNCIL MEETING MAY 17,2005 BOOK'T" 217
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 29TH DAY OF APRIL 2005, 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 members present:
COUNCILMEMBERS: Steed Smith OFFICERS:
Gary Crawford Bob Tavenner Kevin Evans,City Manager
Mickey Evans Jim Willett Danna Welter,City Secretary
Judy Kayse Mac Woodward Thomas Leeper,City Attorney
Jack Choate Clarence W.Griffin
WORK SESSION [5:10 p.m.—5:50 p.m.]
City Council held a work session on Huntsville Fire Department grant opportunities and budget software.
CALL TO ORDER[6:01 p.m.]
Mayor Pro Tem Steed Smith called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Theo Whiteside,Wastewater Services Superintendent,led the invocation.
PUBLIC COMMENTS(Agenda Items Only)
None.
ELECTION MATTERS
a. Consider Ordinance 2005-05-17.1 canvassing the returns of the Regular Municipal Election held on the 7"'day of May
2005,for the purpose of electing a Mayor at-large and four Ward Councilmembers, one from each of the City's four
wards.
FOR MAYOR AT-LARGE
I MICKEY S.EVANS 410
® GARY CRAWFORD 276
JIM CARTER 123
VANCE HOWARD 768
J.TURNER 767
FOR COUNCILMEMBER,WARD 1
JIM WILLETT 301
FOR COUNCILMEMBER,WARD 2
MAC WOODWARD 323
FOR COUNCILMEMBER,WARD 3
CLARENCE W.GRIFFIN 168
GEORGE E.OLIVER 126
FOR COUNCILMEMBER,WARD 4
BOB TAVENNER 459
TOM BLACKARD 326
Official Returns for the City of Huntsville City Officers Election held Saturday,May 7,2005 for the purpose of electing the
Mayor At-Large and Ward Councilmembers,One,Two,Three and Four:
Mayor Early 102 201 206 101 301 205 401 Total
Mickey S. Evans 162 41 34 25 6 18 93 31 410
® GaryCrawford 76 13 4 33 47 62 26 15 276
Jim Carter 46 14 25 6 2 2 24 4 123
Vance Howard 343 73 66 22 9 10 213 32 768
J.Turner 303 80 72 40 15 37 F 181 39 1 767
CITY COUNCIL MEETING MAY 17 2005 BOOK"T" 271A v
CITY OFFICER ELECTION
EARLY VOTING RESULTS BY PRECINCT
MAY 7,2005
Mayor 102 201 206 101 301 205 401 Total
Mickey S. Evans 52 29 5 3 14 33 26 162
Ga Crawford 11 10 2 11 30 6 6 76
Jim Carter 16 7 5 1 6 7 4 46
Vance Howard 108 55 20 9 17 119 15 343
J.Turner 93 58 15 5 33 69 30 303
lim: Ward 1 102 Total
Jim Willett
168 168
Ward 2 201 206 Total
Mac Woodward 87 28 115
FGeoEge
ard 3 101 301 Total
W.Griffin 14 50 64
. Oliver 9 42 51
Ward 4 205 401 Total
Bob Tavenner 133 31 164
Tom Blackard 72 40 112
CITY COUNCIL MEETING MAY 17,2005 BOOK"T" 218
Ward 1 Early 102Total
Jim Willett 168 133 301
Ward 2 Early 201 206 Total
Mac Woodward 115 144 64 323
Ward 3 Early 101 301 Total
Clarence W.Griffin 64 37 67 168
George E. Oliver 51 32 43 126
Ward 4 Earl 205 401 Total
Bob Tavenner 164 264 31 459
Tom Blackard 112 145 69 326
Registered Voters Voted
Voters Early Election Day Total Percentage
Precinct 101 1,001 33 80 113 11%
Precinct 102 2,815 281 224 505 18%
® Precinct 201 2,419 158 201 359 15%
Precinct 205 2,168 238 540 778 36%
Precinct 206 686 47 126 173 25%
Precinct 301 2,222 84 136 220 10%
Precinct 401 2,248 80 122 202 9%
Total 13,559 921 1,429 2,350 17%
Councilmember Choate made a motion to approve Ordinance 2005-05-17.1 canvassing the returns of the Regular
J
Municipal Election held on the 70' day of May 2005 for the purpose of electing a Mayor at-large and four Ward
Councilmembers one from each of the City's four ward and Councilmember Woodward seconded the motion. The motion
passed unanimously.
b. Administration of the Oath of Office to the elected members of City Council.
Judge Danny Pierce administered the oath of office to Jim Willett, Councilmember, Ward 1; Mac Woodward,
Councilmember,Ward 2;Clarence W.Griffin,Councilmember,Ward 3;and Bob Tavenner,Councilmember,Ward 4.
C. Consider Ordinance 2005-05-17.2,calling a runoff election to be held within the City of Huntsville on June 11,2005,
for the purpose of electing a Mayor At-Large.
Councilmember Kayse made a motion to approve Ordinance 2005-05-17.2 calling a runoff election to be held
within the City of Huntsville on June 11 2005 for the purpose of electing a Mayor At-Large.and Councilmember
Woodward seconded the motion The motion passed unanimously.
CONSENT AGENDA
a. Consider minutes of April 5, 12 and 14,2005.
b. Consider Resolution 2005-05-17.1 appointing Staci McGinty as Deputy City Secretary.
C. Consider Resolution 2005-05-17.2 adopting the Houston-Galveston Area Council of Governments-Regional Hazard
Mitigation Plan.
Councilmember Kayse made a motion to approve the consent agenda and Councilmember Evans seconded the
motion The motion passed unanimously.
STATUTORY AGENDA
a. Consider Huntsville Convention and Visitors Bureau's request for$15,625 to produce new marketing and promotional
DVD's/videos for Huntsville Tourism and the creation and success of the Sam Houston Statue,to be funded from
Hotel/Motel Tax Visitors Center Expense/City Council Community Discretionary Fund,as presented by Dee McFarland,
Huntsville-Walker County Chamber of Commerce.
This item was pulled from the agenda.
b. Consider Ordinance 2005-05-17.3,amending Personnel Rules Chapter 10,Section 15,as presented by Victor Pena,
Director of Administrative Services.
CITY COUNCIL MEETING MAY 17,2005 BOOK"T" 219
Currently the Employee Drug Abuse Policy is covered in two(2)different sections of the Personnel Rules:under Chapter
10-Conduct,Section 14"Employee Drug Abuse Policy"and Section 15"Special Rules Regarding Use of Commercial Motor
Vehicles". Section 14 allows for disciplinary action including termination for violation of the Employee Drug Abuse Policy,
while Section 15 provides the employee with an evaluation period and return to work clause,providing inconsistencies in our
current policy.The Ordinance would update Section 15 to allow for disciplinary action including termination that would be
consistent with Chapter 14.
Councilmember Woodward made a motion to approve Ordinance 2005-05-17.3 amending Personnel Rules Chapter 10,
Section 15 "Special Rules Regarding Use of Commercial Motor Vehicles",and Councilmember Choate seconded the motion
The motion passed unanimously.
C. Approve two year contract with Pavers Supply for Cement Stabilized Flexible Base at $31.59/ton (delivered) and
$26.84/ton(pickup),Pavers Supply for Flexible Base at$16.89/ton(pickup),Frost Crushed Stone for Flexible Base at
$16.42/ton(delivered),and Cleveland Asphalt for HFRS2 Emulsion at$0.8172/gallon,as presented by Debby Mikulin,
Purchasing Coordinator and David Welch,Street Services Superintendent.
The annual contracts for concrete,cement stabilized flexible base,flexible base,and HFRS2 materials are due to
expire. These products are purchased periodically and when needed to repair and restore the City streets to meet City
and state regulations. All the contracts are for a two year period.
Councilmember Ka se made a motion to approve two year contract with Pavers Supply for Cement Stabilized
Flexible Base at$31 59/ton(delivered)and$26 84/ton(pickup) Pavers Supply for Flexible Base at$16.89/ton(pickup),
Frost Crushed Stone for Flexible Base at 16.42/ton delivered and Cleveland Asphalt for HFRS2 Emulsion at
0 8172/gallon and Councilmember Evans seconded the motion The motion passed unanimously.
d. Authorize the City Manager to enter into a contract with McLain Decision Support Systems for budget software at a cost
of$22,500 for FY 2005 from the computer replacement fund, and with $47,500 to be budgeted in future years,as
presented by Winston Duke,Director of Finance.
er to enter into a contract with Kenneth P. McLain and Lewis F.
Agenda item seeks authorization for the City Manag
McLain,Jr.d/b/a McLain Decision Support Systems to implement budget software.
Councilmember Tavenner made a motion to authorize the City Manager to enter into a contract with McLain Decision
Support Systems for budget software at a cost of$22.500 for FY 2005 from the computer replacement fund,and with$47,500
to be budgeted in future years and Councilmember Evans seconded the motion. The motion passed unanimously.
e. Approve budget amendments for FY 2004-2005,as presented by Winston Duke.
Under the Council-adopted Budget and Fiscal Policies,transfers of greater than$3,000 between divisions and transfers
of greater than$3,000 from the Reserve for Future Allocation budget item require Council approval. All transfers between
divisions and transfers from the Reserve for Future Allocation budget item are reported to Council.
Operating Budgets:
Attached is detail of various Budget Adjustments to General Fund(101),Fire Equipment Replacement Fund(307),Computer
Equipment Replacement Fund(309),Police Forfeiture and Seizure Fund(611).
Capital Budgets:
Attached is detail of Budget Adjustments to Police Building Project Fund(818).
Councilmember Tavenner made a motion to approve the budget amendments for FY 2004-2005 as presented,and
Councilmember Choate seconded the motion The motion passed unanimousl .
f. Approve the professional services contract with Moore Archeological Consulting, Inc., for the preparation and
submission of an Archeological Survey of Eastham-Thomason to the Texas Historical Commission in the amount of
$4,224.00, to be funded from budgeted and contingency funds, as presented by Mark Leonard, Community
Development Manager.
Previous archeological studies prepared by Moore Archeological Consulting for the City of Huntsville for Eastham-
Thomason Park improvements (1990 and 1999)did not include all of the areas of the Park considered for the planned
improvements to be funded by the current grant. Moore Archeological Consulting recently completed a desk-based
archeological letter report for the City of Huntsville covering park areas that include the swimming pools and expanded trail
system.The cost of the letter report was$650. The proposed study will involve a field survey and a more extensive report.
The proposed services include a budget,prepared on an invoice,cost-incurred basis,not to exceed$4,224.00. The proposed
budget is based upon two critical assumptions:1)That the results of the investigation will be archeologically limited;that no
artifacts will be found on this survey;and 2)That shovel testing will be a sufficient and practical means of locating buried
archeological deposits. Should these assumptions prove not to be true,additional expenditures will be necessary.
Councilmember Kayse made a motion to approve the professional services contract with Moore Archeological
Consulting,Inc. for the preparation and submission of an Archeological Surveyof Eastham Thomason to the Texas Historical
Commission in the amount of$4,224.00,to be funded from budgeted and contin e cy funds and Councilmember Woodward
seconded the motion The motion passed unanimously.
g. Authorize the City Manager to enter into an agreement with Bio-Solution for the control of hydrogen sulfide gas in the
Smith Hill/Gospel Hill area,at a cost of$60,000 to be funded from budgeted funds,as presented by Theo Whiteside,
Wastewater Services Superintendent.
Council was made aware of the odor problems in this area,and committed some$60,000 to reduce or eliminate the
impact of these odors. Bio-Solutions conducted a pilot program at no cost to the city in October of 2004. With the introduction
CITY COUNCIL MEETING MAY 17,2005 BOOK"T" 220
of product,the study has shown by monitoring the system with the aid of an odor detector that sulfur causing bacteria has
been greatly reduced. Since the inception of the Bio-Solutions study,there has been only one complaint from the Smith Hill/
Gospel Hill area.
Additionally,upon completion of the conversion of the McGary Creek lift station and associated force main,this flow
currently pumped to the A.J. Brown W.W.T.P.will be re-routed to the Robinson Creek W.W.T.P,in approximately 15 to 24
months.Whereas the Smith Hill/Gospel Hill problem will be solved at that time,the transferring of the problem to another area
is being further evaluated to ascertain if there is indeed a long term solution other than continued long term chemical feed.
Councilmember Choate made a motion to authorize the City Manager to enter into an agreement with Bio-Solution for
the control of hydrogen sulfide gas in the Smith Hill/Gospel Hill area at a cost of$60,000 to be funded from budgeted funds
and Councilmember Willett seconded the motion The motion passed unanimously.
h. Authorize the City Manager to enter into a contract with Grisham Construction,Inc.,in the amount of$59,755.00 for the
clearing and grubbing of the Highway 30 West Interceptor,to be funded from budgeted project funds,as presented by
Steve Stacy,City Engineer.
This project is part of the Huntsville Plan prepared in 1995. The Huntsville Plan is a wastewater system master plan that
was prepared to solve existing and future wastewater needs. The Highway 30 West Interceptor Sewer Project is just one of
the phases to complete the plan. Clearing and grubbing along the proposed sewer line route will prepare the area for
installation of sewer line in the future.
This project is a portion of the Highway 30 West Interceptor Sewer Project. As discussed above,clearing and grubbing
along the proposed sewer line route will prepare the area for installation of sewer line in the future.
Bids were received and opened on April 27,2005,and are tabulated below.
CONTRACTOR PROJECT BID
Grisham Construction $59,755.00
Dudley Construction $115,053.26
Councilmember Choate made a motion to authorize the City Manager to enter into a contract with Grisham Construction,
Inc in the amount of$59,755.00 for the clearing and grubbing of the Highway 30 West Interceptor, to be funded from
budgeted project funds and Councilmember Willett seconded the motion The motion passed unanimously.
i. Approve change order#4 for the construction contract with Grisham Construction, Inc.,for an additional amount of
$172,797.55 for the construction of additional water and wastewater services for the Highway 75 South Industrial Park
Project,to be paid for from budgeted funds,to be presented by Steve Stacy.
The City received a grant from the United States Department of Commerce's Economic Development Administration
(EDA)in May of 2003. The grant was for an amount of$1 million with a City match amount of$250,000 for a grand total of
$1.25 million available for the project.
The amendment will allow for the design of extension of the water system to Evelyn Lane and down Park Road 40 for
approximately 1,700 linear feet. Also,a grinder pump station will be designed for the statue site. This will allow the existing
aerobic system to be abandoned and all sewer associated with the statue site to be pumped into the new sewer system. This
work will be incorporated into the current construction contract by change order.
Councilmember Tavenner made a motion to approve change order#4 for the construction contract with Grisham
Construction Inc for an additional amount of$172,797.55 for the construction of additional water and wastewater services for
the Highway 75 South Industrial Park Proiect to be paid for from budgeted funds.and Councilmember Willett seconded the
motion The motion passed unanimously.
j. Authorize the City Manager negotiate and purchase sanitary sewer easement for the Westridge/Sumac Sewer Collector
Project,as presented by Glenn Isbell,Director of Public Services.
This item was discussed in Executive Session.
k. Authorize the City Manager to negotiate and purchase easements for water line relocations required due to TxDOT's
Highway 30 widening project,as presented by Glenn Isbell.
This item was discussed in Executive Session.
I. Consider and take action regarding computer software and associated legal matters.
This item was not discussed and no action taken.
MAYOR 1 COUNCILMEMBER/CITY MANAGER REPORT
a. Update on pending or contemplated litigation.
b. Update on land acquisition.
These items were discussed in Executive Session.
®
C. Approve the appointment of Laura Bruns to the Main Street Program Advisory Committee.
Councilmember Woodward made a motion to appoint Laura Bruns to the Main Street Program Advisory Committee.
and Councilmember Evans seconded the motion. The motion passed unanimously.
PUBLIC COMMENTS
a. Gary Crawford. Mr.Crawford thanked City Council for their support and help through his tenure on City Council.
He also thanked City staff for their support.
MEDIA
CITY COUNCIL MEETING MAY 17 2005 BOOK"T" 221
None.
EXECUTIVE SESSION [7:00 p.m.—7:35 p.m.]
RECONVENE
Councilmember Willett made a motion to authorize the City Manager to negotiate and purchase: 1)sanitary sewer
easement for the Westridge/Sumac sewer collector project and 2)easements for waterline relocations required due to
TxDOT s HighwaV 30 widening project and Councilmember Kayse seconded the motion. The motion passed
unanimously.
ADJOURNMENT 17:37 p.m.]
Danna Welter,City Secretary
1
CITY COUNCIL MEETING JUNE 21,2005 BOOK"T' 225
___FMINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21 ST DAY OF JUNE 2005,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 members present:
COUNCILMEMBERS: Steed Smith OFFICERS:
J.Turner Bob Tavenner Kevin Evans,City Manager
Mickey Evans Jim Willett Danna Welter,City Secretary
Judy Kayse Mac Woodward Thomas Leeper,City Attorney
Jack Choate Clarence W.Griffin
WORK SESSION [5:00 p.m.—5:40 p.m.]
City Council held a work session to discuss the groundwater study.
CALL TO ORDER[6:02 p.m.]
Mayor Pro Tem Steed Smith called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Ray Black,Director of Parks and Recreation,led the invocation.
PUBLIC COMMENTS(Agenda Items Only)
a. Kathy Frendenfeldt. Ms.Frendenfeldt spoke regarding the naming of Boettcher's Mill Park. She felt a compromise
should be reached to incorporate both names,Boettcher's Mill and Margarito Martinez.
b. Lydia Shadle. Ms.Shadle spoke in favor of naming the park,Boettcher's Mill Park.
C. Mireya Martinez. Ms.Martinez spoke in favor of naming the park after her father,Margarito Martinez.
d. Elma Martinez. Mrs.Martinez spoke in favor of naming the park after her husband,Margarito Martinez.
e. John Escobedo. Mr.Escobedo spoke in favor of the naming the park after Margarito Martinez.
® f. Richard Watkins. Mr.Watkins spoke in favor of the naming the park after Margarito Martinez.
g. Gary Crawford. Mr.Crawford spoke in favor of the naming the park after Margarito Martinez.
h. Lydia Martinez-Schraeder. Mrs.Schrader spoke in favor of naming the park, Boettcher's Mill Park.
PRESENTATION
a. Mance Park Anti-Litter Presentation.
ELECTION MATTERS
a. Consider Ordinance 2005-06-21.1 canvassing the returns of the Runoff Municipal Election held on the 11'�day
of June 2005,for the purpose of electing a Mayor at-large.
FOR MAYOR AT-LARGE
J.TURNER 1440
VANCE HOWARD 1039
EarIV votes by recinct:
Mayor 102 201 206 101 301 205 401 Total
.Turner 221 121 44 13 85 171 57 712
Vance Howard 149 108 30 9 21 186 31 534
Election day results by pre_ nct:
EffVance
Earl 102 201 206 101 301 205 401 Total
712 90 75 68 31 80 331 53 1440
rd 1 534 1 71 74 22 12 21 266 1 39 1039
CITY COUNCIL MEETING JUNE 21,2005 BOOK"T" 226
Official Returns for the City of Huntsville Runoff Election held Saturday,June 11,2005 for the purpose of electing the
Mayor At-Large:
Registered Voters Voted
Voters Early Election Da v Total Percentage
Precinct 101 1,005 22 43 65 6%
Precinct 102 2,823 372 162 534 19%
Precinct 201 2,429 228 149 377 16%
Precinct 205 2,177 357 597 954 44%
Precinct 206 687 76 90 166 24%
Precinct 301 2,228 106 101 207 9%
Precinct 401 2,249 88 92 180 8%
Total 13,598 1249 1,234 2,483 18%
Councilmember Woodward made a motion to approve Ordinance 2005-06-21.1 canvassing the returns of the Runoff
Municipal Election held on the 11` day of June 2005 for the purpose of electing a Mayor at-large and Councilmember Smith
seconded the motion. The motion passed unanimously.
b. Administration of the Oath of Office to the elected members of City Council,as administered by Danny Pierce,Walker
County Judge.
C. Election of Mayor Pro Tem.
Councilmember Choate made a motion to elect Steed Smith as Mayor Pro Tem and Councilmember Willett seconded
the motion. The motion passed unanimously.
CONSENT AGENDA
a. Consider Ordinance 2005-06-21.2 adopting the National Incident Management System(NIMS)as the standard for
Incident Management by the City of Huntsville.
b. Approve a budget amendment to add a seasonal employee to the street department for airport grounds
maintenance to be funded from a transfer from the Airport Fund to airport grounds maintenance fund.
Councilmember Smith made a motion to approve the consent agenda and Councilmember Choate seconded the
motion. The motion passed unanimously.
STATUTORY AGENDA
a. Approve Huntsville Natural Cultural Resources, Inc.'s recommendation to transfer property titles for Boettcher's Mill
and Bush-Miller Park to the City of Huntsville and recommends naming the properties as Boettcher's Mill Pak and
Bush-Miller Park.
Dalene Zender,a member of the Parks and Recreation Board read a letter from the board:
Dear Mayor and City Council:
Huntsville Natural Cultural Resources, Inc.recommends the property titles for the following be transferred to
the ownership of the City of Huntsville: Boettcher's Mill and Bush-Miller.
Huntsville Natural Cultural Resources, Inc.in addition recommends the properties be named as follows:
Boettcher's Mill Park and Bush-Miller Park.
Your attention to this matter is appreciated.
Sincerely,
Cecelia P.Marquart, Chair
Councilmember Woodward made a motion to accept the property titles for Boettcher's Mill and Bush-Miller to the
City of Huntsville and Councilmember Smith seconded the motion. The motion passed unanimously.
Councilmember Griffin made a motion to table the naming of the two properties and Councilmember Evans
seconded the motion. The motion passed unanimously.
b. Consideration and action upon a Placement Agent Agreement between First Southwest Company and the City of
Huntsville regarding the private placement of the City's approximately$3,800,000 General Obligation Refunding
Bonds,Series 2005 and terminating the financial advisory relationship between the City and First Southwest
Company with respect only to the$3,800,000 General Obligation Refunding Bonds,Series 2005,as presented by
Joe Morrow,First Southwest Company.
Councilmember Willett made a motion to approve a Placement Agent Agreement between First Southwest
Company and the City of Huntsville regarding the private placement of the City's approximately$3.800,000 General
Obligation Refunding Bonds Series 2005 and terminating the financial advisory relationship between the City and First
Southwest Company with respect only to the$3,800,000 General Obligation Refunding Bonds,Series 2005.and
Councilmember Choate seconded the motion. The motion passed unanimously.
C. Consideration and Action with Respect to"Ordinance Authorizing the Issuance of City of Huntsville,Texas General
CITY COUNCIL MEETING JUNE 21,2005 BOOK"T" 227
Obligation Refunding Bonds,Series 2005;Levying an Ad Valorem Tax in Support of the Bonds;Approving an
Investment Letter,a Paying Agent/Registrar Agreement,and an Escrow Agreement;Calling Certain Outstanding
Obligations for Redemption;and Authorizing Other Matters Relating to the Bonds"(First and final reading),as
presented by Richard Donoghue,McCall,Parkhurst&Horton,L.L.P.
Mr.Donoghue stated that the refunding results for the City's 2000 bonds(coupons of 4.9%-5.5%,would be at an
interest rate of 3.52%,with a savings of$447,267 over the remainder of the issue,approximately$29,818 per year. The
new bonds would be paid off in the original term.
Councilmember Smith made a motion to approve an Ordinance Authorizing the Issuance of City of Huntsville,
Texas General Obligation Refunding Bonds Series 2005•Levying an Ad Valorem Tax in Support of the Bonds Approving
an Investment Letter,a Paving Agent/Registrar Agreement and an Escrow Agreement;Calling Certain Outstanding
Obligations for Redemption and.Authodzinq Other Matters Relating to the Bonds and Councilmember Woodward
seconded the motion The motion passed unanimously.
d. Approve a two-year contract with DXI Industries for the periodic purchase of chlorine at($545.00 per ton)and sulfur
dioxide at ($509.00 per ton),to be purchased from budgeted funds,as presented by Debby Mikulin,Purchasing
Agent and Bill Daugette,Operations Manager.
The annual contract for the purchase of chlorine and sulfur dioxide is due to expire. The contract will have the
option to renew for one additional year. Bids were accepted to re-establish the contract for the purchase of chlorine and
sulfur dioxide which is used in the City's water and wastewater treatment processes. The estimated quantities are 60 one
ton cylinders of chlorine and 40 one ton cylinders of sulfur dioxide per year. The bid tabulation is as follows:
DXI Industries- $545.00 per ton(chlorine)
$509.00 per ton(sulfur dioxide)
Simply Aquatices- $610.00 per ton(chlorine)
$560.00(sulfur dioxide)
Nine bid packets were mailed and two were received.
The current contract pricing is$340.80 for chlorine and$413.00 for sulfur dioxide.
Councilmember Evans made a motion to approve a two-year contract with DXI Industries for the periodic purchase of
chlorine at ($545.00 per ton) and sulfur dioxide at ($509.00 per ton) to be purchased from budgeted funds. and
Councilmember Woodward seconded the motion The motion passed unanimously.
Ie. Approve purchase of model#Kent F6QT Hydro-Hammerfor a cost of$10,442.89 to be funded from the Water Reserve
for Future Allocations,as presented by Debby Mikulin and Bill Daugette.
This piece of machinery is operated on a backhoe and will have the capacity to bust thick layers of asphalt and cement
with less liability of strain on staff. This machine will play an instrumental role in dealing with work place safety,due to the ever
growing number of back injuries in the utility industry.The Main corridors in Huntsville are paved with asphalt approximately
15"to 18"in depth and this creates a problem when repairs to the city's infrastructure need to be made. The current method
for accessing the utilities is by using a 90 Ib air operated jack hammer which takes a long time to hammer through the asphalt
surface and stresses the staff. The Water Services Department has rented this machine three times in four months at a cost
of$1000.00 each time.
Councilmember Smith made a motion to a rove urchase of model # Kent F6QT Hydro- Hammer for a cost of
$10.442.89 to be funded from the Water Reserve for Future Allocations and Councilmember Willett seconded the motion.
The motion passed unanimously.
f. Authorize the City Manager to enter into an agreement with the Texas Department of Criminal Justice for the
exclusive use of the water line at the Ellis Unit,as specified in the"Permit to Operate and Maintain a City of
Huntsville Water Pipeline",as presented by Bill Daugette.
TDCJ has constructed a new water tower close to F.M.980 and will be moving the existing water meter to that
location. There is approximately 5,300 of 12"water line that belongs to the Trinity River Authority/City of Huntsville
between the new meter and the old pump station. Bonds were issubd in 1996 by the Trinity River Authority(TRA)as a
means to finance the installation and construction costs of this line. TRA cannot transfer ownership of an asset that still
has debt outstanding,so they and TDCJ have signed an"Exclusive Use"agreement which will expire on July 11,2016,
when owner ship of the line is transferred to the City of Huntsville. This agreement will become effective on that date.
Councilmember Woodward made a motion to authorize the City Manager to enter into an agreement with the Texas
Department of Criminal Justice for the exclusive use of the water line at the Ellis Unit as specified in the"Permit to
Operate and Maintain a City of Huntsville Water Pipeline-and Councilmember Choate seconded the motion The motion
passed unanimously.
g. Approve Ordinance No.2005-06-21.4 amending Title 20,Motor Vehicles and Traffic of the Code of Ordinances by
making 17°i Street one-way from Sam Houston Avenue to University Avenue,and no parking zone on 17'"Street on
both sides of the road from Sam Houston Avenue to Avenue M,as presented by Glenn E.Isbell,Director of Public
Services.
TxDOT,Sam Houston University and the City of Huntsville have jointly addressed the traffic and pedestrian problems
related to the 17"' Street and Sam Houston Ave. intersection. The offset intersection complicates traffic and pedestrian
movements and creates an unsafe intersection.An improvement plan is attached which will move the traffic signals to align
/with 17"'Street—west and will designate 170'Street east as a one-way corridor with traffic movement to the east.Left turn
movements will be prohibited off of Sam Houston Ave.onto 17°i street east and pedestrian crosswalks will be redesignated to
conform with the proposed intersection improvements.
CITY COUNCIL MEETING JUNE 21 2005 BOOK"T" 228
Councilmember Smith made a motion to approve Ordinance No 2005-06-21.4 amending Title 20,Motor Vehicles and
Traffic of the Code of Ordinances by making 17'"Street one-way from Sam Houston Avenue to University Avenue,and no
parking zone on 17'hStreet on both sides of the road from Sam Houston Avenue to Avenue M as amended,to improve
pedestrian safety,and Councilmember Willett seconded the motion The motion passed unanimously.
h. Authorize the City Manager to enter into a waterline extension agreement for the Westridge Collector Easement and the
FM 1791 Waterline Extension. [Executive Session]
i. Consider and take action regarding approval to acquire a waterline easement parallel to Highway 30. [Executive
Session]
j. Consider and take action regarding computer software and associated legal matters. [Executive Session]
Items h.,i.and j.were discussed in Executive Session.
MAYOR/COUNCILMEMBER/CITY MANAGER REPORT
a. Update on pending or contemplated litigation.
b. Update on land acquisition.
These items were discussed in Executive Session.
C.
PUBLIC COMMENTS
a. Councilmember Choate thanked Councilmember Smith for his service the past year as Mayor Pro Tem leading the
Council in the absence of a Mayor.
MEDIA
None.
EXECUTIVE SESSION [7:35 p.m.—8:10 p.m.]
RECONVENE
Councilmember Woodward made a motion to authorize the City Manager to enter into a waterline extension
agreement with New Waverly Ventures Limited Inc and Councilmember Griffin seconded the motion. The motion
passed unanimously.
Councilmember Evans made a motion to authorize the City Manager to acquire a waterline easement parallel to
Highway 30 in an amount of$15,355,for the relocation of an existing 12,, waterline to expedite the TXDOT Highway 30
widening project and Councilmember Smith seconded the motion. The motion passed unanimously.
Councilmember Choate made a motion to authorize the City Manager to enter into a memorandum of
understanding with New World Systems and Councilmember Smith seconded the motion. The motion passed
unanimously.
Councilmember Evans made a comment that he felt a City Councilmember should be a member of the IT
Committee.
ADJOURNMENT[8:20 p.m.]
Danna Welter,City Secretary
CITY COUNCIL MEETING MAY 23,2006 BOOK"T" 311
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 23RD DAY OF MAY 2006,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 members present:
COUNCILMEMBERS: OFFICERS:
J.Turner Bob Tavenner Kevin Evans,City Manager
Mickey Evans Jack Choate Danna Welter,City Secretary
Judy Kayse Mac Woodward Thomas Leeper, City Attorney
Clarence W.Griffin Jim Willett
Steed Smith Melissa Mahaffey
WORK SESSION [5:30 p.m.—6:00 p.m.]
Work Session for a web demo of Code Red presented by Brian Davis.
CALL TO ORDER [6:05 p.m.]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Parks and Recreation Director Ray Black led the invocation.
PUBLIC COMMENTS(Agenda Items Only)
a. Councilmember Choate publicly thanked Councilmember Kayse for her dedicated service to the citizens of
Huntsville.
PRESENTATIONS
a. Presentation—Mance Park Junior High School Video Clips;and
b. Proclamation—Public Works Week.
ELECTION MATTERS
a. Consider Ordinance canvassing the returns of the Regular Municipal Election held on the 13`h day of May 2006,for the
purpose of electing four at-large councilmembers. (Danna Welter,City Secretary)
Councilmember Woodward made a motion to approve Ordinance2006-05-23.1 canvassing the returns of the Regular
Municipal Election held on the 13 day of May 2006 for the purpose of electing four at-large councilmembers, and
Councilmember Smith seconded the motion. The motion passed unanimously.
b. Administration of the Oath of Office to the elected members of City Council,as administered by County Judge Danny
Pierce.
Judge Pierce administered the Oath of Office to Jack Choate, Position 4;Mickey S. Evans, Position 3;and Melissa
Mahaffey,Position 2.
Councilmember Mahaffey takes her place at the Dias,and Councilmember Kayse leaves the Dias.
C. Consider Ordinance calling a runoff election to be held within the City of Huntsville on June 24,2006,for the purpose of
electing at-large place 1 councilmember. (Danna Welter)
Councilmember Choate made a motion to approve Ordinance 2006-05-23.2 calling a runoff election to be held within the
City of Huntsville on June 24 2006 for the purpose of electing at-large place 1 councilmember,and Council Smith seconded
the motion. The motion passed unanimously.
CONSENT AGENDA
a. Approve minutes of March 29 and April 18,2006. [Danna Welter,City Secretary]
b. Consider budget adjustment. [Winston Duke, Director of Finance]
Councilmember Kayse made a motion to approve the consent agenda and Councilmember Tavenner seconded
the motion. The motion passed unanimously.
Item b.was removed from the agenda. In light of Attorney General Opinion,budget adjustments need to be approved by
Ordinance.
Councilmember Evans made a motion to approve item a of the Consent Agenda and Councilmember Smith seconded
the motion. The motion passed unanimously.
STATUTORY AGENDA
it a. Approve the purchase of a 2006 Sterling rear load sanitation truck in the amount of$102,670.56,to be purchased
from budgeted funds,as presented by Debby Mikulin,Purchasing Agent.
The purchase of a new residential collection rear load sanitation truck was budgeted in the new FY05/06 budget.
Pricing was obtained through two State of Texas Purchasing Cooperatives;H-GAC and the Texas Local Government Buy
Board. All competitive bidding requirements and regulations are met when purchasing through State of Texas
Purchasing Cooperatives.
CITY COUNCIL MEETING MAY 23 2006 BOOK"T" 312
STAFF RECOMMENDATION:
It is staffs recommendation to purchase a new 2006 Sterling Acterra chassis priced at$71,696.00 from Grande Truck
Center which is Texas Local Government Buy Board contract pricing. The rear load body is priced from Heil of Texas(H-
GAC vendor))for a Heil 25 yard, Formula 5000 high compaction body for$30,974.56. The total price of the truck will be
$102,670.56 which includes a trade-in amount of$16,000 for a 1995 Ford L8000 refuse truck.
FISCAL IMPACT or FUNDING SOURCE:
306-379-69040
$100,000 allocated in FY 05/06 replacement schedule
$122,000 budget remaining in account(savings from previous purchases)
Councilmember Woodward made a motion to Approve the purchase of a 2006 Sterling rear load sanitation truck in
the amount of$102,670.56,to be purchased from budgeted funds and Councilmember Griffin seconded the motion. The
motion passed unanimously.
b. Authorize the Huntsville Fire Department to apply and accept the SAFER Grant for two positions if awarded, as
presented by Tom Grisham, Fire Chief.
This is the second year Huntsville Fire Department has applied for the SAFER Grant. SAFER Grant provides up to
$100,000 for salary and benefits over a four-year period for new fire fighter positions.The City of Huntsville will guarantee
maintaining the positions for at least one additional year. The grant is paid on a percentage formula beginning at ninety(90)
percent being funded with the grant on the first year and thirty(30)percent being funded with the grant in the fourth year.
FISCAL IMPACT/FUNDING SOURCE:
Beginning fire fighter annual salary with benefits is$51,172
Grant to provide 90%funding the first year
Grant to provide 80%funding the second year
Grant to provide 50%funding the third year
Grant to provide 30%funding the fourth year
City of Huntsville to provide 100%funding the fifth year
Grant will allow for an increase in salary and benefits for inflation over the years.
Councilmember Woodward made a motion to authorize the Huntsville Fire Department to apply and accept the SAFER
Grant for two positions if awarded and Councilmember Tavenner seconded the motion The motion passed unanimously.
C. Approve application and acceptance of FEMA Bunker Gear Grant in the amount of$63,693 with a$7,077 city match for
a total award of$70,770,to be funded in FY 2006-07 budget,to be presented by Chief Grisham.
Bunker gear, one turnout pant and one turnout coat.The Commission on Fire Protection mandates the gear to be
inspected monthly for flaws.Should a garment not pass inspection it can no longer be used to fight fires or in fire rescue.This
will allow for twenty-one firefighters to receive gear which will soon expire.The life expectancy of a set of gear is three to five
years. The department plans to purchase twenty-one(21)sets of bunker gear for Huntsville Fire Department for a total cost of
$70,770 with FEMA Grant to pay$63,693 and a$7,077 City of Huntsville match. The expected cost will be$3,370 per set of
gear.
FISCAL IMPACT/FUNDING SOURCE:
Revenue (FEMA Grant) 101-42801 63,693
Expense (City Match) 101-552-57475 7.077
Total Grant Purchase 70,770
Funding for City Match to be placed in 06-07 budget.
Councilmember Choate made a motion to approve application and acceptance of FEMA Bunker Gear Grant in the
amount of $63,693 with a $7,077 city match for a total award of $70.77 to be funded in FY 2006-07 budget, and
Councilmember Griffin seconded the motion The motion passed unanimously.
d. Adopt Resolution No.2006-05-23.1 authorizing the City Manager to request grant funding from the H-GAC FY 2007
Solid Waste Grants Program,committing local matching funds for Replacement Reserve,Vehicle Maintenance and
Fuel Costs as detailed in the Grant Application Budget,and to act on behalf of the City of Huntsville in all matters
related to the Grant application and any subsequent grant contract and project actions that may result,as
presented by Mark Leonard,Community Development Manager.
Dating back to 1994,the City of Huntsville has been awarded eight solid waste grants from H-GAC,totaling$404,550.
This application proposes to advance and improve the City's ability to encourage and promote the proper disposal and
recycling of heavy items such as reusable building materials, appliances,vehicle tires and tree limbs and trunks through
regularly scheduled and on-call pick up service. Previous grants have provided funding for the construction of the Recycled
Building Material Warehouse,the expansion of the Recycling Center and educational videos produced by the students of
Mance Park Middle School.
Award of this grant and purchase of this truck will allow the City of Huntsville to offer for the first time,scheduled and on-
call heavy trash pick-up and recycling in a cost effective manner,reducing labor and landfill tipping fee costs. Availability of
this equipment will also give the City an ability to respond rapidly to the need for heavy debris removal in emergency situations
caused by storm or hurricane wind damage.
ORDINANCE NO.2006-10
AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD
WITHIN THE CITY OF HUNTSVILLE ON THE 13TH DAY OF MAY 2006, FOR THE PURPOSE OF
ELECTING COUNCILMEMBERS, AT-LARGE POSITIONS 1, 2, 3, AND 4; DECLARING THE
RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND
PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF
MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE.
FOR COUNCILMEMBER,AT-LARGE POSITION 1
MATT HANNES 290
GARY CRAWFORD 464
DALENE ZENDER 687
FOR COUNCILMEMBER,AT-LARGE POSITION 2
MELISSA TEMPLETON-MAHAFFEY 952
JUDY KAYSE 504
FOR COUNCILMEMBER,AT-LARGE POSITION 3
RAY MARTIN 594
MICKEY S.EVANS 806
FOR COUNCILMEMBER,AT-LARGE POSITION 4
JACK K.CHOATE 1099
EARLY VOTING BY PRECINCT
Ward 1 Ward 2 Ward 3 Ward 4
Position 1 102 201 206 101 301 205 401 Total
Matt Hannes 28 20 14 3 4 22 8 99
Ga Crawford 36 20 17 12 42 42 6 175
Dalene Zender 95 43 11 11 25 66 13 264
Position 2
Melissa Templeton-
Mahaffe 108 54 39 19 45 71 19 355
Judy Ka se 49 31 4 7 23 63 8 185
Position 3
Ray Martin 63 30 18 9 24 35 15 ::::j
MickeyS.Evans 83 53 23 17 41 95 12
Position 4
[Jack K.Choate 112 71 29 24 50 111 20 417
ELECTION DAY VOTING(AND EARLY TOTALS)
Position 1 Earl 102 201 206 101 301 205 401 Total
Matt Hannes 99 33 30 28 2 14 66 18 290
Ga Crawford 175 32 19 39 41 66 77 15 464
Dalene Zender 264 76 66 28 8=31 187 27 687
Position 2 Earl 102 201 206 101 301 205 401 Total
Melissa Templeton-Mahaffey 355 85 68 70 31 79 227 37 952
Jud Ka se 185 63 47 29 15 27 115 23 504
rPosition 3 Earl 102 201 206 101 301 205 401 Total
rtin 194 53 57 45 21 59149 16 594
S.Evans 324 92 60 43 25 44 179 39 806
Position 4 Early 102 201 206 101 301 205 401 Total
Jack Choate 417 113 93 65 33 78 255 45 1099
Registered Voters Voted
Voters Earl Election Day Total Percentage
Precinct 101 1,049 26 51 77 7%
Precinct 102 2,894 166 148 314 11%
Precinct 201 2,501 88 117 205 8%
Precinct 205 2,219 138 342 480 22%
Precinct 206 722 44 99 143 20%
Precinct 301 2,306 72 111 183 8%
Precinct 401 2,294 27 60 87 4%
Total 13,985 561 928 1489 11%
CITY COUNCIL MEETING MAY 23,2006 BOOK"T" 313
FISCAL IMPACT/FUNDING SOURCE:
$175 287 88 FY 2007 H-GAC Solid Waste Implementation Grant
$ 13,525.30 -Annual Replacement Reserve Cost/Local Commitment
$ 6,650.00 -Annual Maintenance Cost Estimate/Local Commitment
$ 7,800.00 Annual Diesel Fuel Cost Estimate($3 00/gal)/Local Commitment
$ 27,975.30 -Annual Estimated Cost of Local Commitment
Councilmember Smith made a motion to adopt Resolution No 2006-05-23 1 authorizing the City Manager to
request grant funding from the H GAC FY 2007 Solid Waste Grants Program committing local matching funds for
Replacement Reserve Vehicle Maintenance and Fuel Costs as detailed in the Grant Application Budget and to act on
behalf of the City of Huntsville in all matters related to the Grant application and any subsequent grant contract and
ro ect actions that may result and Councilmember Willett seconded the motion. The motion passed unanimously.
e. Authorize the use of up to$20,000 from budgeted project contingency funds to be used for the construction of
parking lots for Eastham-Thomason Park,as presented by Steve Stacy,City Engineer.
A matching grant was awarded to the City from the Texas Parks and Wildlife Department for the City to construct a new
Aquatic Center and other amenities in Eastham-Thomason Park. Other amenities include constructing adequate parking
within the park. Originally,three parking lots were going to be constructed with budgeted project funds of$93,486. Originally,
three parking lots known as Avenue O,10th Street and 7th Street were planned to be constructed. Since that time,another lot
known as Avenue N has been designed and a cost estimate developed. Construction of the Avenue N parking lot will require
additional funds beyond the original budgeted funds.
Staff recommends constructing three of the four parking lots at this time. The three lots recommended for construction
include 10th Street,Avenue N and 7th Street. The Avenue O parking lot can be constructed in the future. Parallel parking
can be utilized along the existing pavement on Avenue O until the area can be reconstructed.
A Preliminary Cost Estimate has been developed for all four lots with optional pavement sections. The cost estimates
are attached.
FISCAL IMPACT/FUNDING SOURCE:
Funding Impact: Additional$20,000 for parking lot construction
Funding Source: Budgeted Project Funds 818-81801-62600:existing balance$120,829
Councilmember Willett made a motion to authorize the use of up to$20,000 from budgeted project contingency
funds to be used for the construction of parking lots for Eastham-Thomason Park and Councilmember Woodward
seconded the motion The motion passed unanimously.
f. Authorize the purchase of Pretreatment equipment in the amount of$9,860 from Account(702-70204-62300
Wastewater Economic Development)or(221-1221-91100 Wastewater Reserve for Future Allocation),to be
installed and maintained by Gardner Glass,as presented by Bill Daugette,Public Services Operations Manager.
Gardner Glass has had discussions with the City of Huntsville concerning connecting to our sewer system. Being a
mirror manufacturing facility they produce Silver in excess of our local limit of.03 mg/I. In an effort to comply with our
limits,Gardner Glass has made a significant investment in upgrading their industrial wastewater system with expanded
filtration equipment. These upgrades have resulted in silver removal levels that comply with the City's local limits.
However,the possibility of a malfunction or a slug discharge could negatively impact our collection system,resulting in
the possibility of fines from the TCEQ and EPA. Gardner Glass has proposed an additional step in the treatment process
that would significantly reduce these risks by adding redundancy to the treatment process. Assistance by the City of
Huntsville with the acquisition of this additional treatment equipment would be a prudent investment in the protection of
the wastewater collection system and treatment plant. The cost of additional equipment is$9,860,once purchased and
installed Gardner Glass would be completely responsible for its maintenance and upkeep. The facility would be inspected
regularly in accordance with Title 33 of the City of Huntsville Code of Ordinances.
FISCAL IMPACT or FUNDING SOURCE:
$9,860 221-1221-91100 Wastewater Reserve for Future Allocation(balance$50,000)or;
702-70204-62300 Wastewater Economic Development(balance$100,000)
Councilmember Choate made a motion to authorize the purchase of Pretreatment equipment in the amount of
$9,860 from Account(702-70204-62300 Wastewater Economic Development) to be installed and maintained by Gardner
Glass and Councilmember Willett seconded the motion. The motion passed unanimously.
MAYOR I COUNCILMEMBER I CITY MANAGER REPORT
a. Cemetery Board appointment.
Councilmember Woodward made a motion to appoint Dell McAdams to the Cemetery Board and Councilmember Willett
seconded the motion The motion passed unanimously.
® b. Comprehensive Plan Action Committee(CPAC)report,as presented by Chairman Mickey Evans.
Councilmember Evans updated City Council on the CPAC. He stated that the committee would meet next week to
discuss a logo,marketing plan and timeline for the plan. He also stated that they would expand the committee in late June to
include other aspects of the community. The kick off by LKI.would begin in July with focus groups, and interviews. In
September,forums are planned in each of the four wards. Councilmember Evans stated that he would update City Council as
the planning progresses.
CITY COUNCIL MEETING MAY 23 2006 BOOK"T" 314
C. City Manager Kevin Evans stated that the pre-budget workshop is scheduled for June 16/17,2006. He also
congratulated Purchasing Agent Debby Mikulin on the success of her daughter,Morgan"Mo"and the Lady Hornet
Softball team.
PUBLIC COMMENTS
a. Ray Martin. Mr.Martin congratulated Councilmember Evans on his re-election to office. He encouraged the CPAC to
involve all aspects of the community including the University.
b. Charles Rine. Mr. Rine thanked staff for their service to the community, but felt that it was not appropriate for City
offices to be closed on Cinco de Mayo since it is a Mexican holiday and not a US holiday. He asked that City Council
re-visit City holidays.
MEDIA
None.
ADJOURNMENT [7:37 p.m.]
Danna Welter,City Secretary
CITY COUNCIL MEETING JUNE 27,2006 BOOK"T., 320 _
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 27th DAY OF JUNE 2006,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 special session with the following members present:
COUNCILMEMBERS: OFFICERS:
J.Turner Bob Tavenner Kevin Evans,City Manager
Mickey Evans Jack Choate Danna Welter,City Secretary
Dalene Zender Mac Woodward Thomas Leeper,City Attorney
Clarence W.Griffin Jim Willett
Melissa Mahaffey
Absent: Steed Smith
CALL TO ORDER [6:00 p.m.]
Mayor.Turner called the meeting to order.
INVOCATION
Parks and Recreation Director Ray Black led the invocation.
PUBLIC COMMENTS(Agenda Items Only)
None.
ELECTION MATTERS
a. Consider Ordinance canvassing the returns of the Runoff Election held on the 24`"day of June 2006,for the purpose of
electing at-large councilmember position one. (Danna Welter,City Secretary)
® ORDINANCE NO.2006-06-27.1
AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD
WITHIN THE CITY OF HUNTSVILLE ON THE 24TH DAY OF JUNE 2006,FOR THE PURPOSE OF
ELECTING COUNCILMEMBER AT-LARGE POSITION 1; DECLARING THE RESULTS OF THE
ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN,THAT
THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER
OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE.
FOR COUNCILMEMBER AT-LARGE POSITION 1
GARY CRAWFORD 378
DALENE ZENDER 638
Councilmember Woodward made a motion to approve Ordinance 2006-06-27.1 canvassing the returns of
the Runoff Election held on the 24°i day of June 2006 for the purpose of electing at-large councilmember position
one and Councilmember Griffin seconded the motion The motion passed unanimously.
EARLY VOTING BY PRECINCT
Ward
1 Ward 2 Ward 3 Ward 4
Position 1 102 201 206 101 301 205 401 Total
Gary Crawford 41 29 14 17 38 36 7 182
Dalene Zender 105 14 21 13 24 64 11 282
CITY COUNCIL MEETING JUNE 27 2006 BOOK"T• 321
ELECTION DAY VOTING(AND EARLY TOTALS)
Position 1 Early 102 201 206 101 301 205 401 Total
Gary Crawford 182 28 10 19 26 30 72 11 378
Dalene Zender 282 41 35 25 4 1 17 1 207 27 638
Registered Voters Voted
Voters Earl Election Day Total Percentage
Precinct 101 1,063 30 30 60 6%
Precinct 102 2,882 147 69 216 7%
Precinct 201 2,503 74 45 119 5%
Precinct 205 2,207 100 279 379 17%
Precinct 206 717 35 44 79 11%
Precinct 301 2,287 62 47 109 5%
Precinct 401 2,282 18 38 56 2%
Total 13,941 466 552 1018 7.5%
b. Administration of the Oath of Office to the elected members of City Council,as administered by County Judge Danny
Pierce.
C. Election of Mayor Pro Tem.
Councilmember Woodward made a motion to elect Jack Choate as Mayor Pro Tem and Councilmember Griffin
seconded the motion The motion passed unanimously.
MAYOR/COUNCILMEMBER/CITY MANAGER REPORT
a. City Manager Evans reminded City Council of the budget work session to be held on Friday June 30�'beginning at
8:30 a.m.
PUBLIC COMMENTS
None.
MEDIA
None.
ADJOURNMENT [6:09 p.m.]
Danna Welter,City Secretary
® CITY COUNCIL MEETING MAY 22,2007 BOOK j�' 32 =
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 22nd DAY OF MAY,2007,IN THE CITY HAL
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 5:00 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBERS: OFFICERS:
J.Turner Bob Tavenner Kevin Evans,City Manager
Mickey Evans Dalene Zender Staci McGinty,Deputy City Secretary
Jim Willett Mac Woodward Thomas Leeper,City Attorney
Jack Choate Melissa Mahaffey
Clarence Griffin Wayne Barrett
CALL TO ORDER [5:00 p.m.]
Mayor Turner called the meeting to order.
WORK SESSION
Review of Police Department Quality Assessment report as presented by Joe Fernald.
[5:00 p.m.—5:55 p.m.]
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS,INVOCATION
Councilmember Griffin led the invocation.
PUBLIC COMMENTS (Agenda Items Only)
None.
ELECTION MATTERS
a. Consider Ordinance 2007-05-22.1 canvassing the returns of the Regular Municipal Election held on the 12th day
May,2007,for the purpose of electing a Mayor at-large and four Ward Councilmembers,one from each of the City'
four wards.
FOR MAYOR AT-LARGE
J.TURNER 1345
DOUG CURRY 54
GEORGE D.MILES,JR. 1090
FOR COUNCILMEMBER,WARD 1
JIM WILLETT 248
DR.TOM COLE 247
FOR COUNCILMEMBER,WARD 2
MAC WOODWARD 420
FOR COUNCILMEMBER,WARD 3
CLARENCE W.GRIFFIN 216
FOR COUNCILMEMBER,WARD 4
BOB TAVENNER 373
JASON MYERS 78
WAYNE BARRETT 680
Official Returns for the City of Huntsville City Officers Election held Saturday,May 12,2007 for the purpose of electing th
Mayor At-Large and Ward Councilmembers,One,Two,Three and Four:
Early Voting by Precinct
Ma or 102 201 206 1 101 301 205 401 Total
® J.Turner 197 118 42 30 85 203 47 722
Dou Cur 9 11 1 0 1 1 14 37
Geor a D.Miles,Jr. 156 98 24 16 42 221 1 38 595
CITY COUNCIL MEETING MAY 22,2007 BOOK'�" 33
Ward 1 102 Total
Jim Willett 185 185
Dr.Tom Cole 174 1 174 11
Ward 2 201 206 Total
Mac Woodward 175 50 225
Ward 3 101 301 Total
Clarence W.Griffin 40 89 129
Ward 4 205 401 Total
Bob Tavenner 161 36 197
Jason Myers 6 29 35
Wayne Barrett 252 35 287
Early Voting&Election Day Returns
Mayor Earl 102 201 206 101 301 205 401 Total
J.Turner 722 78 107 41 21 66 273 37 1345
Doug Curry 37 1 7 2 1 . 0 1 2 2 3 1 54
George D.Miles,Jr. 595 58 55 46 1 5 1 16 _289L 26 1 1090
Ward 1 Early 102 Total
Jim Willett 185 63 248
11 Dr.Tom Cole 174 73 247
-11
:Ward 2 Earl 201 206 Total
Mac ard 225 135 60 420
CITY COUNCIL MEETING MAY 22,2007 BOOK'iT"c, 34
Ward 3 Early 101 301 Total
Clarence W.Griffin 129 21 66 216
Ward 4 Early 205 401 Total
Bob Tavenner 197 159 17 373
Jason Myers 35 37 6 78
Wayne Barrett 287 355 38 680
Registered Voters Voted
Voters Early Election Day Total Percentage
Precinct 1,035 47 27 74 7%
101
Precinct 2757 367 137 504 18%
102
Precinct 2403 228 169 397 17%
201
Precinct 2205 433 571 1004 46%
205
Precinct 698 67 90 157 22%
206
Precinct 2134 129 85 214 10%
301
Precinct 2410 100 66 166 7%
401
L
13,642 1371 1145 2516 18%
Woodward made a motion to approve Ordinance 2007-05-22.1 canvassing the returns of the Regular
unici al Election held on the 12 dav of May, 2007 for the purpose of electing a Mayor at-lar a and four Ward
ouncilmembers one from each of the City's four wards and Councilmember Zender seconded the motion. The motion
assed unanimously.
b. Administration of the Oath of Office to the elected members of City Council,as administered by Judge Danny Pierce.
Judge Danny Pierce administered the oath of office to J Turner Mayor at-large;Jim WillettCouncilmember Ward 1:
Mac Woodward Councilmember Ward 2•Clarence W Griffin Councilmember,Ward 3,and Wayne Barrett,
Councilmember Ward 4,
Consider Ordinance 2007-05-22.2,calling a runoff election to be held within the City of Huntsville on June 9,
2007(if necessary).
This item was pulled from the agenda,
J. Consider election of Mayor Pro Tem.
Councilmember Choate made a motion to nominate Councilmember Mac Woodward as Mayor Pro Tem.
Councilmember Griffin seconded the motion The motion passed unanimously.
PRESENTATIONS
Presentation of Beautification Advisory Board"Generous Supporter"awards,as presented by Chairman David
Moorman and Board members.
Presentation of Beautification Committee Three-Year Plan,as presented by Stephanie Brim.
Proclamation—Public Works Week.
CITY COUNCIL MEETING MAY 22,2007 BOOK"I 35
CONSENT AGENDA
a. Consider minutes of May 1,2007. [Danna Welter]
Councilmember Choate made a motion to approve the consent agenda and Councilmember Evans seconded the
motion The motion passed unanimously.
STATUTORY AGENDA
a. Administration of the Oath of Office to Bill Daugette to the One Call Board as appointed by Governor Rick Perry, as
administered by Judge Danny Pierce.
This item was pulled from the agenda.
b. Authorize acceptance of 1999 Ford E-Series box truck from Walker County to the Huntsville Police Department,as
presented by Sgt.James Fitch.
Lt.Kevin Lunsford presented this item.
Councilmember Choate made a motion to authorize acceptance of 199 Ford E-Series box truck from Walker County to
the Huntsville Police Department Councilmember Mahaffey seconded the motion The motion passed unanimously,
C. Authorize the City Manager to enter into a contract with L.C.United Painting Company Inc.for the rehabilitation of the
two 1 million gallon storage tanks at the Palm Street Water Plant., as presented by Bill Daugette, Public Utilities
Director.
Councilmember Woodward made a motion to authorize the City Manager to enter into a contract with L.C. United
Painting Company Inc for the rehabilitation of the two 1 million gallon storage tanks at the Palm Street Water Plant.
Councilmember Willett seconded the motion.
Councilmember Barrett commented that he felt that the dollar amount of the bid should be set out in the motion.
Councilmember Woodward re-stated his motion to accept the bid which sets out the dollar amount.
A vote was taken The motion passed unanimously.
d. Approve Ordinance 2007-05-22.03,amending Title 16,Cemeteries,of the City of Huntsville's Code of Ordinances,
as presented by Stephanie Brim,Community Services Director.
Councilmember Woodward made a motion to approve Ordinance 2007-05-22.03 amending Title 16,Cemeteries,of
the City of Huntsville's Code of Ordinances Councilmember Willett seconded the motion. The motion passed
unanimously.
e. Authorize the City Manager to enter into a contract with CEBArchitecture to provide professional pre-design and
planning services for Oakwood,Adickes and Mayes Cemeteries, at a cost not to exceed $7,500, to be paid out of
Community Services Department — Parks/Cemetery Division — Cemetery Improvements (260-460-57022) with
reimbursement to the City pledged in the amount of$3,750 by the Cemetery Advisory Board through fundraising and
private donations,as presented by Stephanie Brim.
Councilmember Woodward made a motion to Authorize the City Manager to enter into a contract with CEBArchitecture
to provide professional pre design and planning services for Oakwood Adickes and Mayes Cemeteries,at a cost not to
exceed $7,500, to be paid out of Community Services Department — Parks/Cemetery Division — Cemetery
Improvements(260-460-57022)with reimbursement to the City pledged in the amount of$3.750 by the Cemetery
Advisory Board through fundraising and private donations. Councilmember Choate seconded the motion.
Discussion brought by Councilmember Barrett,Mayor Turner as to what was intended by reimbursables and wanted to
make sure the contract was capped at$7,500. Councilmember Woodward made efforts to clarify the amendment to the
contract eliminating the"reimbursables"and that the contract is capped at$7,500.
A vote was taken The motion passed unanimously.
MAYOR/COUNCILMEMBER/CITY MANAGER REPORT
Discuss personnel matters pertaining to Charter Officers.(Councilmember Choate was absent for executive
session.)
EXECUTIVE SESSION [6:56p.m.—7:21 p.m.]
PUBLIC COMMENTS(General)
None.
MEDIA
None.
ADJOURNMENT
[7.21 p.m.]
Staci R.McGinty,Deputy City Secretary
® CITY COUNCIL MEETING of NOVEMBER 15,2007 BOOK"U" 74 —
T
THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF NOVEMBER,2007,IN THE
CATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 11:30 A.M.
et in a special session with the following members present:
MBERS: J.Turner,Wayne Barrett,Jack Choate,Mickey S.Evans,Melissa Mahaffey,Jim Willett,and Dalene
Kevin Evans,CityManager;Stephanie Brim,City Secretary;and Thomas A.Leeper,City Attorney
arence Griffin and Mac Woodward
PECIAL SESSION
ALL TO ORDER[11:30am]
ayor Turner called the meeting to order.
LEDGE OF ALLEGIANCE to US and TEXAS FLAGS,INVOCATION
ouncilmember Barrett led the invocation.
RESENTATIONS
34,Ho
Proclamation No.2007- me Health&Hospice Month,accepted by Sherri Ballard of Amedisys,Inc.
Proclamation No.2007-35,Marilyn Lowther Day,accepted by Marilyn Louther.
®
UBLIC HEARING to receive comments on Ordinance 2007-11-15.1,to tax tangible personal property in transit,which would
therwise be exempt pursuant to Tax Code Section 11.253.
o comments were received.
UBLIC COMMENTS(Agenda Items Only)
an Philli s. Mr.Phillips commented on the proposed sale of City property located at 902,906 and 908 Avenue H,requesting
hat(1)restrictive covenants be changed to twenty years,(2)that the minimum square footage requirement for the homes to
e built be eliminated;and(3)that the City waive the water and sewer tap fees for these properties.
ohn Wa amon. Mr.Wagamon commented at length on the minutes of the April 24,2007 meeting,specifically on the wording
egarding Councilmember Woodward's abstention.
ONSENT AGENDA
Consider minutes of April 24,2007.
After discussion of several alternatives Councilmember Choate moved to table approval of the minutes of April
24 2007 and Councilmember.Evans seconded the motion The motion passed 6-1 with Councilmember Mahaffey
voting against.
TATUTORY AGENDA
vassing the returns of the Election held on the 6th day of November 2007,for the
Approve Resolution 2007-11-15.1,can
ed general obligation bonds for the construction, acquisition,
purpose of"the issuance of$2,150,000 in tax support
improving and equipping a new fire station to serve the portion of the City east of Sam Houston Avenue,"as presented
by Stephanie Brim,City Secretary.
Councilmember Zender moved to approve Resolution 2007-11-15.1 canvassing the returns of the Election held
on the 6th day of November 2007 for the purpose of"the issuance of$2-150,000 in tax supported general obligation
bonds for the construction acquisition improving and equipping a new fire station to serve the portion of the City east o
Sam Houston Avenue,"and Councilmember Mahatt v seconded the motion. The motion passed 7-0.
Approve Ordinance 2007-11-15.1, to tax tangible personal property in transit which would otherwise be exempt
pursuant to Tax Code Section 11.253,as presented by Winston Duke,Director of Finance.
Presently,the City taxes for goods-in-transit as had been provided by established law. The 8e Texas legislature
enacted HB 621 to take effect January 1,2008 which added tax code Section 11.253 to exempt from taxation certain
tangible personal property held temporarily at a location in this state for assembling,storing,manufacturing,processing,
or fabricating purposes("goods-in-transit")which property has been subject to taxation in the past. Tax Code Section
11.253 Q)as amended allows the governing body of a taxing unit,after conducting a public hearing,to provide for the
continued taxation of such goods-in-transit. Per Chief Appraiser, approximately$500,000 is subject to be taxed;
CITY COUNCIL MEETING of NOVEMBER 15,2007 BOOK"U" 75
however,total future impact is currently unknown.
Councilmember Willett moved to approve Ordinance 2007-111-15.1.to tax tangible personal property in transit
which would otherwise be exempt, pursuant to Tax Code Section 11.253 and Councilmember Evans seconded the
motion The motion passed 7-0.
C. Authorize the City Manager to execute the Interlocal Cooperation Agreement for Services with Walker County Appraisal
District and approve funding of the computer/software transition monies of$19,104 from budgeted funds,as presented
by Winston Duke.
Currently,the City owns and maintains two(2)personal computers and three(3)copies of GIS software for use by
WCAD. This agreement will transfer all responsibilities concerning computers and software over to WCAD. The City
will provide$19,104 of computer and software monies in order to help the transition of responsibilities over to WCAD. A
detailed list of the computer equipment and software is shown within the attached agreement. Currently,the City is
spending approximately$5,600 per year on software licensing and computer support.
The agreement clarified language regarding the duties of the Tax Collector and publication of tax notices. This
agreement was discussed with the Finance Committee on October 25,2007.
Councilmember Willett moved to authorize the City Manager to execute the Interlocal Cooperation Agreement for
Services with Walker County Appraisal District and approve funding of the computer/software transition monies of
$19,104 from budgeted funds and Councilmember Zender seconded the motion. The motion passed 7-0.
d. Authorize the City Manager to enter into a construction contract with Doughtie Construction Company,Inc.in an amount
not to exceed$23,521.11 for the construction of the Barnes Subdivision Sewer Project to be funded from budgeted
project funds,as presented by Steve Stacy, P.E.,Director of Public Works.
This project was one of several considered for funding through the Unserved/Underserved(U/U)program that has
been a Council commitment to provide City utility services to all homes within the City limits.Currently,this is the only
residence within the subdivision that does not have City wastewater service. The home that will be served has an on-
site sewer system that does not function properly.
Bids were received and opened on October 24,2007,and are tabulated as follows:
CONTRACTOR BID AMOUNT
Doughtie Construction $23,521.11
Grisham Construction $29,529.74
SLC $79,613.39
Originally,$63,500 was budgeted for the project. Construction costs were estimated to be$45,387.50 and the
remainder to be used for outside engineering consultant services. The project was instead designed by City staff and
the original sewer route shortened due to the purchase of the Breston Property that was purchased as part of the TP&W
grant project (for Eastham-Thomason Park). This allowed approximately 288 linear feet and 4 manholes to be
eliminated from the project which resulted in a significant cost savings.
Councilmember Mahaffey moved to authorize the City Manager to enter into a construction contract with Doughtie
Construction Company Inc in an amount not to exceed $23,521.11 for the construction of the Barnes Subdivision
Sewer Proiect to be funded from budgeted proffiect funds and Councilmember Willett seconded the motion. The motion
passed 7-0.
e. Sale of City property located at 902,906 and 908 Avenue H,as presented by Stan Hamrick,AICP,City Planner.
In December 2001 the City purchased the above property for$18,000 to aid in an affordable homes project that
never came to fruition. After a period of time, Council began discussing options for continuing the project. It was
decided that the best option was to prepare the property and put it out for bid to build affordable housing.
On City Council's directive a residential plat has been prepared for the subject property along with associated
property restrictions and residential zoning. This process made the lots"ready"for residential development and helped
to lessen the cost of building homes. Currently, the City has spent approximately $2,000 in time and expenses
preparing the property for sale.Bid awards should be based on the offers that,"adds value to the property,provides
affordable housing opportunities to citizens and is determined to be in the best interests of the City."
Deed restrictions were made available to the Council for the meeting upon request by Councilmember Zender.
Councilmember Choate moved to accept Bid 1 from the Christian Community Construction Team and authorize
the subsequent sale of City property located at 902 906 and 908 Avenue H per the accepted bids and Councilmember
Evans seconded the motion The motion passed 7-0.
f. Approve the purchase of four Y--ton pickups and two'/,ton pickups from Planet Ford in the amount of$85,160.00 and
two'/--ton pickups from Philpott Motors in the amount of$32,063.64 from budgeted funds,as presented by Debby
Mikulin,Purchasing Agent.
In the 2007-08 fiscal budget,funds were approved to purchase six'/--ton pickups and two%-ton pickups. All the
vehicles except one'/,ton truck were approved as replacement vehicles through the equipment replacement program.
One'/,ton truck is being purchased for a new position. Bids were received for these items.
Councilmember Zender moved to approve the purchase of four'/,to pickups and two'/.-ton pickups from Planet
Ford in the amount of$85,160.00 and two'/,ton pickups from Philpott Motors in the amount of$32.063.64_from
budgeted funds and Councilmember Mahaffey seconded the motion. The motion passed 7-0.
g. Approve the purchase of one solid waste live floor trailer from Travis Body&Trailer in the amount of$49,775 including
the trade-in of one 1994 McClain trailer,as presented by Debby Mikulin.
CITY COUNCIL MEETING of NOVEMBER 15,2007 BOOK"U" 76 _
Unit 724 which has been used as a back-up solid waste transfer trailer was placed into non-operational status i
May 2007 due to substantial fatigue and deterioration to major beam supports throughout the base of the trailer. It wa
determined during budget workshops to purchase a new aluminum transfer trailer. A 1999 model trailer currently bein
used will move into back-up status for the transfer trailers. The expenditure for a new 48-foot aluminum solid waste liv
floor transfer trailer was approved in the 2007-08 fiscal year budget.
Bid solicitations were sent to thirteen prospective bidders. Four bids were received.
Councilmember Mahaffey moved to approve the purchase of one solid waste live floor trailer from Travis Bod
Trailer in the amount of $49,775 including the trade-in of one 1994 McClain trailer, and Councilmember Zende
seconded the motion The motion Passed 7-0.
ion of self priming
l pumps as
he Highway 190 and Brook Hollow Ii
h stations from Pump and Power not tto exceed$35,409 to be puurch sed froot
from budgeted funds,,as presented by Billi
Smith,Warehouse/Purchasing Buyer.
During the FY 2007-2008 budget discussion,the City Council was presented for their approval a supplementa
request for replacement pumps for two lift stations.The current pumps have been in place for over seventeen(17)year
and the casings of the pumps are wom and nonrepairable.With the replacement pumps being installed the probability o
Sanitary Sewer Overflow (SSO) due to pump failure is reduced. The purchase of new pumps could reduce thi
possibility.Should SSO occur subsequent fines from the Texas Commission on Environmental Quality(TCEQ)may b
assessed.
Sealed bid proposal requirements were established
Councilmember Barrett moved to approve the Purchase and installation of self priming centrifugal um s for th
Highway 190 and Brook Hollow lift stations from vump and Power not to exceed s35,409 to be urchased fro
budgeted funds and Councilmember Choate seconded the motion. The motion Passed 7-0.
i. Approve the purchase of five(5)police vehicles with required equipment and one(1)animal control truck with pro safe
unit not to exceed$178,995.55 through H-GAC and Jennings Anderson Ford to be purchased with budgeted funds,a
presented by Billie Smith.
Pricing requests for the police patrol vehicles and SUV have been obtained from RFP Depot, 10 vehicl
dealerships,and requested in the formal sealed bid process.Vehicles include four 2008 police patrol vehicles,one 200
full size SUV(all with police package upgrades),and the necessary equipment for police vehicles to operate in a s 0
manner. Pricing for a 2008 Ford F-250 Crew Cab with ProSafety Animal Control Unit was obtained from Houst
Galveston Area Council("H-GAC"). The police patrol vehicles with equipment and the animal control truck are on th
City of Huntsville vehicle replacement schedule with budgeted funds in the amount of$186,028. The animal control pr
safety unit was presented in the Public Safety FY 2007-08 budget.The full size SUV is an upgrade from a Crow
Victoria to a sport utility vehicle as part of the 2007 fleet review in which vehicles were right sized.
Pricing through H-GAC meets all competitive bidding regulations and guidelines as mandated by the State o
Texas.
Councilmember Choate moved to approve the purchase of five 5police vehicles with required a ui ment an
one 1 animal control truck with pro safety unit not to exceed$176,995.55 through H-GAC and Jennings Anderson For
to be purchased with budgeted funds and Councilmember Evans seconded the motion. The motion assed 7-0.
j. Authorize the purchase of 800 MHz radios,amplifier with installation for the Huntsville Police Department consisting of
Twenty-nine(29)vehicle radios and three(3)portable radios from Motorola not to exceed$103,663;and One(1)bi
directional amplifier and hardware(including installation)from Texas Communications not to exceed$6,242.34;to b
purchased and installed with budgeted funds,as presented by Billie Smith.
Currently the Huntsville Police Department uses a VHF radio system.The current system consists of antiquate
technology and the equipment's serviceability has raised concern. During the 2007-2008 budget discussions,the Ci
Council was presented and a supplemental package was funded in the amount of$108,782 to complete the conversio
from VHF to 800 MHz radios to correct the inefficiencies of the VHF system.Purchasing 800 MHz radios would alto
direct communications with the Walker County Sheriffs Office and EMS.Additionally this conversion would allow HPD t
become part of the regional 800 MHz radio system network that would be critical to communications during a state
regional or local emergency situation. During the field testing of the radios and based upon discussions with radi
representatives,it was determined that a bi-directional amplifier would need to be installed at the police department t
strengthen radio signal for clearer reception and transmission from inside the building.
Councilmember Mahaffeymoved to authorize the urchase of 800 MHz radios am lifter with installation forth
Huntsville Police Department consisting of:Twenty-nine 29 vehicle radios and three 3portable radios from Motorol
not to exceed 101663: and One 1 bi-directional amplifier and hardware (incluaing installation from Texa
Communications not to exceed 6 242.34•to be purchased and installed with budgeted funds and Councilmembe
Barrett seconded the motion The motion passed 7-0.
MAYOR/CITY COUCILMEMBER 1 CITY MANAGER REPORT
a. Consider and/or take action on the appointments to the Library Feasibility Study Ad Hoc Committee,as presented b
Mayor J.Turner.
Council Representatives—Mayor J.Turner,Councilmembers Mac Woodward and Dalene Zender;an
Community Representatives—Ben Aguilar, Sylvia Bell,Johnnie Jo Dickenson, Kay Douglas, Sharon Duke, Nanc
Franklin,Ann Holder,Morris Johnson,Jane Monday,Gene Myrick,Sandra Ray, Dennis Reed,Phillip Rosenburger
CITY COUNCIL MEETING of NOVEMBER 15,2007 BOOK"U" 77
Jack Ross, Joyce Robinson,Al Smith,Rosa Valles,Robert Vann,Helen Watkins,and Julie Woods
Councilmember Barrett moved to ratify the appointments to the Library Feasibility Study Ad Hoc Committee an
Councilmember Mahaffey seconded the motion The motion passed 7-0.
b. Consider and/or take action on Annual Review of Charter Officer—City Attorney,as presented by Mayor J.Turner.
This item was discussed in Executive Session as authorized below.
C. Consider and/or take action on clarification of the Welter retirement agreement,as presented by Thomas A.Leeper,Ci
Attorney.
This item was discussed in Executive Session as authorized below.
RECESS[1:02-1:16pm]
EXECUTIVE SESSION [1:17-2:18pm]
As authorized by Texas Government Code,Chapter 551,Section 551.074—personnel matters regarding the appointment
employment,evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee;City Council discusse
and clarified details of the Welter agreement and conducted an annual review of Charter Officer—City Attorney Thomas A
Leeper.
RECONVENE[2:18pm]
Consider and/or take action on clarification of the Welter retirement agreement,as presented by Thomas A.Leeper,Ci
Attorney.
Councilmember Choate moved to direct the Finance Director to make Payments to Mrs.Danna Welter in accordanc
with theagreement fref.COH contract no.2007-371 to include ratification of information as provided by the Finance Directo
with respect to sick leave recalculation and ad ressing other deductions not specifically included in the contract and ordered,
that a check be issued the same day;and Councilmember Evans seconded the motion. The motion passed 7-0.
Councilmember Choate moved to clarify the prior motion to include City Payment of Mrs.Welters health insurance.,an
Councilmember Zender seconded the motion The motion passed 7-0.
PUBLIC COMMENTS
John Wagamon. Mr.Wagamon continued his comments on Councilmember Woo
dward's abstention and the minutes of Apri
24,2007.
MEDIA INQUIRIES
None.
ADJOURNMENT [2:18pm]
ep nie A. m,City Secretary
CITY COUNCIL MEETING of MARCH 14,2008 BOOK"U" 102
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF MARCH,2008,IN THE CI
HALL,LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 12:OOPM.
The Council met in a special session with the following:
COUNCILMEMBERS PRESENT: J.Turner,Wayne Barrett, Melissa Mahaffey, Mac Woodward,and Dalene Zender
COUNCILMEMBERS ABSENT: Jack Choate,Mickey S.Evans,Clarence Griffin,and Jim Willett
OFFICERS PRESENT: Gene Pipes, Interim City Manager;and Stephanie Brim,City Secretary
CALL TO ORDER[12:05pm]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE
U.S.Flag
Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas,one state under God, one and indivisible
INVOCATION
Mayor Turner led the invocation.
ELECTION MATTERS
a. Consider Ordinance 2008-canvassing the returns of the City of Huntsville Special Election-Ward One held on the 4
day of March 2008,for the purpose of electing Ward 1 Councilmember.
FOR COUNCILMEMBER,WARD 1
JIM WILLETT 309
DR.TOM COLE 386
Official Returns for the City of Huntsville Special Election-Ward One held Tuesday,March 4,2008 for the purpose of electin
the Ward One Councilmember:
Voting Results
Ward 1 Early Voting Election Day Total
Jim Willett 218 91 309
Dr.Tom Cole 285 101 386
Undervotes 0 1 1
Total 503 193 696
Registered Voters,Ward 1: 2,895
Voters Voted: Early: 503 Election Day: 193 Total: 696
Percentage of Registered Voters Voting: 24
Councilmember Woodward moved to approve Ordinance 2008-12 canvassinq the returns of the Special Munici a
Election held on the 4 day of March 2008 for the purpose of electing the Ward One Councilmember an
Councilmember Mahaffey seconded the motion.The motion passed 5-0.
b. Administration of the Oath of Office to the elected member of City Council.
City Secretary Stephanie Brim administered the oath of office to Tom Cole,Councilmember Ward 1.
ADJOURNMENT[12:10pm]
4DMayor Turner adjourned the meeting.
Ste—ph ie A.Brim,City Secretary
® CITY COUNCIL MEETING of MAY 20,2008 BOOK"U" 117
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 6:OOPM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J.Turner,Jack Choate,Tom Cole,Clarence Griffin,Melissa Mahaffey,Mac Woodward,
Dalene Zender
COUNCILMEMBERS ABSENT: Wayne Barrett,Mickey S.Evans
OFFICERS PRESENT: Gene Pipes, Interim City Manager;Thomas Leeper,City Attorney;Stephanie Brim,City Secretary
WORK SESSION[5:00-5:55pm]
City Council conducted a work session at which they discussed Arcus Public performance to date with respect to the city
manager search,with a presentation by Arcus representative Scott Reilly.
REGULAR SESSION
CALL TO ORDER[6:00pm]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION
Councilmember Griffin led the invocation.
PUBLIC COMMENTS(Agenda items only.)
George Russell. Mr. Russell suggested moving the Open Public Comments section to the beginning of the meeting,and
spoke against the change to automated collection for solid waste services.
Ray Martin. Mr.Martin commented about the item regarding the development code,stating the changes should be done in
house.
ELECTION MATTERS
a. Consider Ordinance canvassing the returns of the City of Huntsville Regular Municipal Election held on May 10,2008,
for the purpose of electing four At-Large Councilmembers—Positions One,Two,Three and Four.
COUNCILMEMBER,AT-LARGE POSITION 1 COUNCILMEMBER,AT-LARGE POSITION 3
DALENE ZENDER 969 CHARLES FORBUS 905
COUNCILMEMBER,AT-LARGE POSITION 2 COUNCILMEMBER,AT-LARGE POSITION 4
MELISSA MAHAFFEY 956 LANNY D.RAY 762
RAY MARTIN 403
Official Returns for the City of Huntsville Regular Municipal Election held Saturday,May 10,2008,for the purpose of electing
the four At-Large Councilmembers-Positions One,Two,Three and Four:
Early Voting by Precinct
Candidate&Position 102 201 206 101 .301 205 401 Total
Dalene Zender,Position 1 152 75 27 13 32 132 27 458
Melissa Mahaffey,Position 2 157 70 30 14 29 129 26 455
Charles Forbus, Position 3 155 67 26 12 28 121 25 434
LannyRay,Position 4 103 58 23 1 11 20 108 22 345
Ray Martin,Position 4 84 38 10 4 17 59 10 222
CITY COUNCIL MEETING of MAY 20,2008 BOOK"U" 118
Early Voting&Election Day Returns
Candidate&Position Early 102 201 206 101 301 205 401 Total
Dalene Zender, Position 1 458 79 61 35 27 45 240 24 969
Melissa Mahaffey,Position 2 455 77 57 35 28 47 232 25 956
Charles Forbus,Position 3 434 71 55 32 28 41 222 22 905
LannyRay, Position 4 345 57 57 24 20 34 208 17 762
Ray Martin, Position 4 1 222 25 1 16 1 19 10 14 1 86 11 403
Registered Voters Voted
Voters Early Election Day Total Percentage
1,068 18 30 48 4.49
Precinct 101
2,889 213 113 326 11.28
Precinct 102
2,598 104 80 184 7.08
Precinct 201
2,267 196 332 528 23.29
Precinct 205
723 50 53 103 14.25
Precinct 206
Precinct 301 2,201 43 59 102 4.63
2.412 36 34 70 2.90
Precinct 401
14,158 660 701 1,361
Total
Councilmember Choate made a motion to approve Ordinance 2008-21 canvassing the returns of the City o
Huntsville Regular Municipal Election held on the 10°i day of May 2008 for the purpose of electing four At-Lar
Councilmembers•and Councilmember Woodward seconded the motion. The motion passed 7-0.
b. Administration of the Oath of Office to the elected members of City Council,as administered by County Judge Dann
Pierce.
Jude Danny Pierce administered the oath of office to Dalene Zender, Councilmember Position 1• Meliss
Mahaffey.Councilmember Position 2•Charles Forbus Councilmember,Position 3•and LannyD.Ray,Councilmembe
Position 4. Councilmember Jack Choate left the dais and newly-sworn Councilmembers Forbus and Ray took their
places at the dais(Councilmember Mickey Evans was absent).
PRESENTATIONS
Proclamation 2008-20-Hurricane Awareness Week,accepted by Fire Chief Tom Grisham
RECESS—PRESENTATION and RECEPTION for OUTGOING CITY COUNCILMEMBERS[6:20-6:35pm]
ONSENT AGENDA
3. Accept the bank depository agreement and service continuation with First National Bank.
Approve acceptance of the donation of a 1979 Chevrolet truck from the Crabbs Prairie Volunteer Fire Department to be
utilized by the Huntsville Fire Department Dive Team.
Accept the Texas Commission on Fire Protection Gear Assistance Award for the purchase of eight sets u.bunker gea
at a total cost of$14,280($4,680 of which will be paid out of 101-552-52240,and$9,600 paid through the grant award.
Councilmember Woodward moved to approve the Consent Agenda; and Councilmember Cole seconded the
motion The motion passed 8-0.
CITY COUNCIL MEETING of MAY 20,2008 BOOK"U" 119
STATUTORY AGENDA
a. Presentation, discussion and/or possible action to proceed with updating the Development Code through contract
Change Order No.3 with Kendig Keast Collaborative for an amount not to exceed$150,000.
The adopted Comprehensive Plan and Strategic Plan recommends the review and revision of the Development
Code. Staff feels that the revision of the Development Code be achieved in a manner that will seek community input.
That is how the Scope of Services for Change Order No. 3 is structured. Other approaches can be used and
considered by Council.
Councilmember Woodward moved to refer to a committee made up of Steve Stacy P E Glenn Isbell, P.E.,
Thomas Leeper,and the new City Planner once hired),with two or three Councilmembers and two or three members of
the Planning&Zoning Commission to review the status of the development code,and report back to the Council in a
work session and Councilmember Forbus seconded the motion. The motion passed 8-0.
b. Presentation,discussion and/or possible action on release of a portion of the City's water Certificate of Convenience and
Necessity(CCN)to Phelps Special Utility District(SUD)for the proposed Southwood Crossing subdivision.
The City has received a request from Ponderosa Holdings, Inc.to release a portion of the City's CCN to the
Phelps SUD to provide potable water to a proposed subdivision called Southwood Crossing located along Southwood
Drive near FM 2929(Four Notch Road). The developer submitted a Preliminary Plat for the subdivision to the Planning
& Zoning Commission with this request and a variance for providing fire protection. The Commission denied the
Preliminary Plat until the water service area issue could be considered by City Council.
Mayor Turner moved to release a portion of the City's water Certificate of Convenience and Necessity(CCN)to
Phelps Special Utility District(SUD)for the proposed Southwood Crossing subdivision7 and Councilmember Mahaffey
seconded the motion The motion failed 1-8 with only Councilmember Cole voting for.
MAYOR/CITY COUNCILMEMBER/CITY MANAGER REPORT
a. Presentation,discussion and/or possible action on the Arcus Public contract for services—city manager search.
No action was taken on this item.
b. Presentation,discussion and/or possible action on request for extension of water and wastewater services to Huntsville
State Park.
Councilmember Zender moved to approve the request-and Councilmember Griffin seconded the motion. The
motion passed 8-0.
C. Presentation,discussion and/or possible action on Strategic Plan FY09 update.
No action was taken on this item;however,City Council requested a work session be scheduled to review the
Plan.
d. Presentation,discussion and/orpossible action on fee implementation recommendation for use of City Hall Conference
Room.
Councilmember Mahaffey moved to accept the City Manager's recommended policy on use of the City Hall
Conference Room and Council Chambers with use to be reviewed in six months and Councilmember Forbus seconded
the motion The motion passed 7-1 with Councilmember Woodward voting against.
PUBLIC COMMENTS(Open.)
George Russell. Mr. Russell continued his comments against automated solid waste collection.
MEDIA INQUIRIES
None.
ADJOURNMENT[7:16pm]
Mayor Turner adjourned the meeting.
atep a ie A.Brim,City Secretary
CITY COUNCIL MEETING of MAY 19, 2009 BOOK"U"
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF MAY, 2009, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT
6:OOPM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner,Wayne Barrett,Tom Cole, Charles Forbus, Lanny Ray, Mac Woodward,
Dalene Zender
OFFICERS PRESENT: Bill Baine, City Manager;Ann Smith, Interim City Secretary; Interim Counsel Leonard
Schneider
REGULAR SESSION
CALL TO ORDER[6:OOpm]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS,INVOCATION
Councilmember Barrett led the invocation.
PRESENTATION
Matt Lumpkin stated that Mr. Doris Deary could not be present; however, the City Council and the Huntsville
Beautification Advisory Committee thanked her for her example and inspiring other citizens to pick up litter on public
roads.
ELECTION MATTERS
a. Consider Ordinance#2009-37 canvassing the returns of the Regular Municipal Election held on the V'day
of May, 2009 for the purpose of electing a Mayor at-large and four Ward Councilmember's, one from each of
the City's four wards.
Councilmember Ray noted that there was a typo on page 3 stating the voter turnout was 1.51% of the
registered voters; however, it should read 15.1%.
Councilmember Ray moved to adopt Ordinance#2009-37 canvassing the official results of the May 9,
2009 General Election. Councilmember Forbus seconded the motion. Vote was 8-0. Ordinance #
2009-37 represented the official results as:
Mayor
BILL GULLEY 918 VOTES
J.TURNER 1,294 VOTES
WARD 1
DR.TOM COLE 266 VOTES
JACOB SPRADLIN 244 VOTES
WARD 2
WADE DIXON 8 VOTES
MAC WOODWARD 324 VOTES
MICHELLE NELSON 146 VOTES
WARD 3
CLARENCE W.GRIFFIN 126 VOTES
JACK WAGAMON 217 VOTES
WARD 4
WAYNE BARRETT 631 VOTES
b. Administer the Oath of Office to the elected Mayor and members of City Council.
Judge Danny Pierce administered the Oath of Office to Mayor J. Turner, Councilmembers Dr. Tom
Cole,Mac Woodward,Jack Wagamon,and Wayne Barrett.
c. Consider election of a Mayor Pro-Tem.
120
CITY COUNCIL MEETING of MAY 19,2009 BOOK"U"
Councilmember Wagamon nominated Councilmember Lanny Ray to serve as Mayor Pro-Tem. Mayor
Turner called for any other nominations. With no further nominations. Councilmember tender
seconded the nomination of Councilmember Ray. Vote was unanimous 9-0.
The City Council took a short recess to honor out-going Councilmember Clarence Griffin. Mr.Griffin was not
in attendance.
PUBLIC COMMENTS (regarding agenda items only)
Stacy Dennis, representing the Elkins Lake Homeowners, thanked the City Council for their consideration to install 22
street lights in Elkins Lake.
CONSENT AGENDA
a. Approve the minutes of the City Council meeting held May 5, 2009. [Ann Smith, Interim City
Secretary]
b. Authorizing the City Manager to purchase a pumper fire truck from Martin Apparatus in the amount
of$252,327., to place sealed bid and approve purchase of equipment not to exceed $65,300. and
to allow travel expense for inspection at factory not to exceed $1,648 to be funded from budgeted
funds. [Victor Pena,Assistant City Manager]
C. Adoption of Resolution#2009-10 authorizing the City Manager to apply for and accept, if awarded,
the Meadows Foundation grant not to exceed $180,000,with no matching funds required, for the
purchase of hardware and software to digitize and index the historic City records and configure a
searchable data base of these records. [Chris Vasquez, IT Manager]
d Adoption of Resolution#2009-11 authorizing the City Manager to apply for and accept, if awarded,
the Energy Efficiency and Conservation Block Grant(EECBG)for the replacing the lighting in Kate
Barr Ross Memorial Park#6,#7, and#8 ball fields and enter into a contract with Advantage
Green, Inc. to write and submit the grant on the City's behalf. No matching funds required. [Matt
Lumpkin, Interim Community Services Director]
d. Adoption of Ordinance#2009-40,amending the Fiscal Year 2008-2009 Annual Budget
adjustments for:WaterMastewater CIP projects, Police Forfeiture account to Capital Equipment for
software and laptop purchases for vehicles, Police Forfeiture account to Capital Equipment Fund
for purchase of 2009 Chevrolet Tahoe,Water fund for waterline cleaning projects at Spring Lake
and Elkins for Boettcher Drive project and Lampson Water Extension project. [Winston Duke,
Director of Finance]
e. Presentation, discussion and/or action with respect to Ordinance 2009-35, adopting a water
conservation plan and a drought contingency plan. (Tabled 4-21-09)[Carol Reed, Director of Public
Utilities]
Councilmember McHaffev moved to approve the Consent Agenda. Motion was seconded by Mayor
Pro Tem Ray. City Attorney Leonard Schneider addressed the Council in regard to Item 6f had been
modified, at his request, in Section 2 the penalty provisions are now set in Section 1-11 of the Code
of Ordinances and that Section 5 needs to reflect or state "The ordinance shall become effective 10
days after the day of its passage and the caption shall be published as required by Article 4.14 of the
Charter. Mayor Pro Tem Ray amended the motion to remove item 6f for discussion. Councilmember
tender seconded the amendment. Vote to discuss was 9-0. Vote on original motion was 8-0, with
Councilmember Wagamon abstaining due to not being on the Council at the time of minutes.
Discussion on the demographics and the projected growth rate. Council was concerned over where the
figures came from, if figures for students and prisoner were included. Dr. Sherry McKibben stated that
Huntsville has special circumstances due the students and prisoners. Dr. McKibben stated that the official
2010 census would provide a more accurate population count. Councilmember Forbus questioned all the
concern. Mayor Pro Tem Ray objected to the numbers used. Mayor Pro Tem Ray noted that the numbers
were"fuzzy"from last census and was not satisfied with the numbers being submitted in the Plan.
Councilmember Forbus motioned to approve Ordinance #2009-35. Councilmember Woodward
seconded the motion. Vote was unanimous 9-0.
STATUTORY AGENDA
CITY COUNCIL MEETING of MAY 19,2009 BOOK"U"
a. Presentation, discussion, and/or action with respect to Resolution #2009-12, authorizing the City
Manager to apply for and accept, if awarded, the Economic Development Administration (EDA)
American Recovery Program matching grant for funds to construct infrastructure improvements,
including a new street with sidewalks connecting Veterans Memorial Parkway with Interstate 45 in
West Hill Park. [Bill Baine, City Manager]
Councilmember Forbus moved to approve Resolution#2009-12. Councilmember Ray seconded the
motion. Councilmember McHaffev moved to amend the motion. Councilmember Forbus seconded
the amendment. The amended motion carried 9-0 to table.
Council discussed the submission of the grant application. Councilmember Barrett was favorable on
resolution; however, he spoke on the "in-kind" contribution for the City of Huntsville. Councilmember
MaHaffey noted that she needed more information to vote on the item and that the city had many other blight
areas. Councilmember Cole was not in favor of the road to enhance developer's property. Councilmember
Forbus noted that the project would make the area more attractive for economic development but noted that
the City should look at the eastside of town too.
Councilmember MaHaffey moved to amend to read "the City shall contribute in-kind, not to exceed
$517,800 with NO cash from City Budget" with a guarantee of donated right-of-way and indirect
expense match. Counclmember Forbus seconded the amendment. No Vote was taken on the
amendment.
Councilmember Ray moved to table the item until the next meeting. Councilmember Wagamon
seconded the motion. Vote was 6-3,with Councilmembers Forbus,Woodward and Barrett voting
"no". Motion to table carried.
b. Presentation, discussion, and/or action with respect to Resolution #2009-13, authorizing the City
Manager to apply for and accept, if awarded, the Texas Department of Housing and Community
Affairs for Hurricane Ike housing assistance for low to moderate income families in the amount of
$933,481. [B. Baine]
Councilmember MaHaffey moved to approve Resolution#2009-13. Councilmember Forbus
seconded the motion. Vote was unanimous.
Councilmember McHaffey noted that this was a positive attempt to help families that lost their homes
and did not have insurance to repair or replace them. Councilmember Barrett spoke favorably of grant.
C. Authorize the City Manager to submit a Letter of Intent to apply for the Small Towns Environmental
Program (STEP) grant, not to exceed $350,000, through the Office of Rural Community Affairs.[Bill
Baine]
Councilmember McHaffev moved to authorize the City Manager to submit a Letter of Intent to apply
for the Small Towns Environmental Program grant. Councilmember Wagamon seconded the motion.
Vote was unanimous 9-0.
d. Presentation, discussion, and/or action with respect and agreement for the installation of 22 street
lights in Elkins Lake at the cost of$76,410.91 to be reimbursed by Elkins Lake over a three year
period in the amount of$12,735.16 per year. [Aron Kulhavy,City Planner]
Councilmember Forbus moved to approve the installation of 22 street lights in Elkins Lake, upon
execution of a written agreement between the City of Huntsville and the Homeowners Association
of Elkins Lake. Councilmember McHaffev seconded the motion. Vote was unanimous 9-0.
Councilmember Woodward questioned the repayment plan. City Attorney Schneider noted that the
Council could approve this item tonight with the stipulation that a written agreement between the City and the
Elkins Lake Homeowners Association be completed at a later date.
e. Presentation, discussion, and/or action with respect to Ordinance #2009-39, amended the Fiscal
Year 2008-2009 Annual Budget, for the Street Light Project in Elkins Lake(Item 7d). [Winston Duke,
Director of Finance]
Councilmember Forbus moved to approve Ordinance#2009-39 as presented. Mayor Pro Tem Ray
seconded the motion. Vote was unanimous 9-0.
122
CITY COUNCIL MEETING of MAY 19, 2009 BOOK"U"
MAYORICITY COUNCILMEMBER/CITY MANAGER
a. Appointment to the Huntsville Planning &Zoning Commission to fill the unexpired term of Mr. Jack
Wagamon. [Mayor J.Turner]
Mayor Turner moved to appoint Mr. Rowe Creager to fill the unexpired term of Mr.Jack Wagamon
on the Planning&Zoning Commission. Councilmember Zender seconded the appointment.
Vote was unanimous 9-0.
b. Status Report on the RFQ's for the Library. [Mayor Turner]
Mayor Turner stated that the committee had interviewed six architect firms and has recommended that
the staff negotiate a contract with the recommended firm.
C. Discussion of timing and objectives regarding upcoming Ward 3 community meeting.
[Councilmember Wagamon]
Councilmember Wagamon stated that he was planning regular town hall meetings in Ward 3 and that a
tentative date for the first one would be July 15`�
d. City Manager Status Report presentation and discussion on: [Bill Baine]
1. Report on Hurricane Ike funds recovery.
2. Future direction on economic recovery.
Mr. Baine reported that the City had recovered$387,000 from the Hurricane Ike relief. Mr. Baine asked for a
workshop meeting prior to the June 2nd meeting to discuss economic development.
PUBLIC COMMENTS(open)
Mr. Brian Woodward addressed the Council on the conduct of Item 7a tonight. Mr. Woodward was upset
and stated that"this is not the way government should be run and that we should have open government".
ADJOURNMENT
With no further business, Mayor Turner adjourned the meeting at 7:57 p.m.
City Secretary