MIN CC 01/13/2004CITY COUNCIL MEETING OF JANUARY 13, 2004 BOOK "T'
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13TH DAY OF JANUARY 2004, IN THE CITY
HALL, 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:
Judy Kayse
OFFICERS:
Karl Davidson, Mayor
Steed Smith
Thomas A. Leeper, City Attorney
Jack Choate
Bob Tavenner
Danna Welter, City Secretary
Gary Crawford
Jim Willett
Vance Howard
Mac Woodward
WORK SESSION [5:00 -5:55 p.m.]
The City Council conducted a work session to discuss: brown water solutions, as presented by Bill Fry; and ISO rating
solutions, as presented by Mike Pietsch, P.E.
CALL TO ORDER [6:02 p.m.]
Mayor Davidson called the special session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Director of Parks and Recreation Ray Black led the invocation. Mayor Davidson then introduced new City Attorney
Thomas A. Leeper.
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j. PUBLIC COMMENTS
!j 1. JohnEscobedo. Mr. Escobedo expressed his concern and disappointment that the Council reoentlyabolished the Cinco
de Mayo holiday for employees and asked that both the Cinco de Mayo and Juneteenth holidays be reinstated.
2. Richard Watkins. Mr. Watkins expressed his concern and disappointment that the Council recently abolished the
Juneteenth holiday for employees and asked that both the Cinco de Mayo and Juneteenth holidays be reinstated.
3. Charles Smither, Jr. Mr. Smither stated he had found errors on a few of the items to be discussed this evening, namely
the address mentioned in Resolution 2004 -01 -13.1; half of a sentence missing and a reference to her as the City
Attorney in the proposed contract with Prosecutor Lara Heinold; and in the RFP forthe golf course there is no mention of "
the existing agreement between the City of Huntsville and the SHSU golf management degree program. Mr. Smither
it also asked for an update on any work being done at the golf course.
4. Carmen Irving. Ms. Irving stated a concern with lack of proper procedures at Municipal Court, namely with plea
'! bargaining, and the proposed contract with Lara Heinold as Municipal Court Prosecutor, citing a personal incident. She '!
also stated that the current Judge is not a reasonable judge.
5. J. D. Davis. Mr. Davis read a prepared statement in opposition to subsidized housing efforts and other local housing 9,-
development issues.
6. Brian Woodward. Mr. Woodward stated he would be happy to answer questions if any on the Resolution regarding '..
Southeast Texas Housing Finance Corporation.
STATUTORY AGENDA
1. Consider and take action to approve allowing Huntsville Girls Softball Association and Huntsville Boys Baseball `,..
Association to place registration signs.
2. Accept the City Secretarys certification of petition filed December 12, 2003 regarding the issuance of certificates of "
obligation.
A petition was filed on December 12, 2003, protesting the issuance of certificates of obligation as described inI:"
Resolution 2003- 11 -11 -2, which, in part, provides funding for the Wynne Home cultural project. The caption also
demands an election be ordered to seek the approval of these certificates of obligation.
Texas Local Government Code section 271.049 c) states, "If before the date tentatively set for the authorization of
the issuance of the certificates or if before the authorization, the municipal secretary or clerk if the issuer is a county,
receives a petition signed by at least five percent of the qualified voters of the issuer protesting the issuance of the
certificates, the issuer may not authorize the issuance of the certificates unless the issuance is approved at an election
ordered, held, and conducted in the manner provided for bond elections under Chapter 1251, Government Code."
There are currently 11,025 registered voters (13,181 minus the suspense voters of 2156). The petition contains
832 validated signatures, which is 8% of the registered voters. There were 109 signatures declared void.
Councilmember Smith moved to accept the City Secretarys certification of petition filed December 12 2003
regarding the issuance of certificates of obligation and Councilmember Woodward seconded the motion The motion
passed 9-0.
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CITY COUNCIL MEETING OF JANUARY 13, 2004 BOOK "T"
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Consider and take action to approve Resolution 2004 -01 -13.1, supporting Tejas Housing & Development, Inc. in the
development of The Villages, an affordable housing community, contingent upon entering into a Developer's Agreement
for the repayment of the Citys proposed participation.
motion Passed 9 -0.
Consider and take action to approve Resolution 2004 -01 -13.2, assigning the authority to issue single family convertible
mortgage notes to Walker County as a sponsoring political subdivision of the Southeast Texas Housing Finance
Corporation.
This item was Pulled from the agenda pending a presentation at the February 3 2004 City Council meeting
5. Consider and take action to approve the contract appointing Thomas Leeper as Huntsville's City Attorney.
The Council has met with Thomas Leeper about becoming City Attorney for the City of Huntsville and Mr. Leeper
has submitted a contractfor him to provide legal services to the Cityas its CityAttorneyon a temporary basis of at least
three months.
Councilmember Woodward moved to approve the contract appointing Thomas Leeper as Huntsville's City
Attorney, and Councilmember Howard seconded the motion. The motion passed 9 -0.
6. Consider and take action to approve the contract appointing Lara Heinold as Huntsville's Municipal Court Prosecutor.
The City has been using Lara Heinold as the Municipal Court Prosecutor since the City Attorneywas appointed
Acting City Manager in May 2003. The City Attorney is retiring and the Council is contracting with Thomas Leeper to
provide legal services to the City as its City Attorney. The Council would like to continue to use Lara Heinold as the
Municipal Court Prosecutor, at least for a temporary period.
Councilmember Crawford moved to table this item until a future meeting' and Councilmember Kayse seconded the
motion The motion to table passed 9 -0.
7. Consider and take action to approve Ordinance 2004 -01 -13.1, authorizing an ad valorem tax freeze on residential
homesteads of the disabled and of the elderly and their spouses who reside in the city limits of Huntsville, Texas.
Currently, school property taxes on homes cannot be increased once the age of 65 is reached. Proposition 13 lets
counties, cities and towns, and junior college districts extend this tax freeze to the property taxes paid to those
governmental bodies as well.
Most elderly homeowners live on a fixed income and cannot afford to pay continually rising property taxes. The
amendment does notjeopardize the ability of counties and cities to provide needed services because it allows their local
officials to determine if their county and city can afford to grant this relief to its elderly residents.
8. Considerand take action to approve Resolution 2004 -01 -13.3, in support of removing State Highway Spur 94 from the
state highway system.
Councilmember Kayse moved to approve Resolution 2004-01-13.3, in support of removing State Highway Sour 94
from the state highway system and Councilmember Woodward seconded the motion The motion passed 9 -0.
9. Consider and take action to recommend Bill Daugette, Publ ic Works Operations Superintendent, to the Walker County
Commissioners Court as a replacement for the municipal representative, Paul Isham, on the Bluebonnet Groundwater
Conservation District Board.
10. Consider and take action to approve of issuing the RFP for management and operation of the Raven Nest Golf Course
with a response date and time of 2:00 p.m. on February 9, 2004.
City Council has received a presentation from at least one firm interested in assuming the management of Raven
Nest Golf Course and Council has indicated a desire to issue a RFP and seek responses from firms interested in
managing the golf course. Several firms have expressed an interest in taking over the operation of the golf course.
Council should review the attached draft of the RFP and discuss any changes or additions that it wishes to insert in
the RFP. In addition, dates need to be set for respondents to submit their responses. It is suggested that the
respondents be given at least three to four weeks to respond to the RFP.
CITY COUNCIL MEETING OF JANUARY 13, 2004
BOOK "T"
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11. Approve Resolution 2004 -01 -13.4, authorizing the submission of a Texas Community Development Program Application
to the Office of Rural Community Affairs for the Housing Infrastructure Fund, committing $80,000 of waived fees and in-
kind grant management, and authorizing the City Manager to act as the City's Executive Officer and authorized
representative in all matters pertaining to the City's participation in the Texas Community Development Program.
This application requests a grant of $400,000 which will off-seta significant portion of the cost of providing public
infrastructure for a proposed new single family home subdivision of fifty new homes. The private developer will pay all
costs over and above the $400,000 covered by the grant and will commit to building and selling fifty new single family
homes, twenty -six of which must be sold to buyers with incomes less than 80% of the Area Median Income, based on
MAYORICITY MANAGER ACTIVITY REPORT
1. Mayor /City Manager /Councilmember Report.
a. Mayor Davidson handed out information for Council attendance at the National League of Cities conference and
asked that the Council notify Danna Welter, City Secretary, if theywanted to attend anyadditional training sessions.
b. Mayor Davidson reminded the Council of the ribbon cutting ceremony at the north side of the SH30 overpass at
10:OOam on January 14, 2004; and noted that the Council meeting scheduled for January 20 is at 5:OOpm.
RECESS [7:35 — 7:57 p.m.]
EXECUTIVE SESSION [7:57 — 9:35 p.m.]
!I The City Council conducted a closed session under Texas Government Code, Chapter 551, Section 551.074 to
deliberate the appointment, employment, evaluation, reassignment, and duties for certain positions with the City including City
Judge.
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ADJOURNMENT [9:35 p.m.]
XDDanna Welter, City Secretary
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