MIN CC 02/03/2004CITY COUNCIL MEETING OF FEBRUARY 3, 2004 BOOK "T" 102
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF FEBRUARY 2004, IN THE CITY
HALL, LOCATED AT 1212 AVENUE MIN 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: Judy Kayse OFFICERS:
Karl Davidson, Mayor
Steed Smith
Kevin Evans, City Manager
Jack Choate
Bob Tavenner
Danna Welter, City Secretary
Gary Crawford
Jim Willett
Thomas Leeper, City Attorney
Vance Howard
Mac Woodward
WORK SESSION [5:05 — 5:40 p.m.]
The City Council conducted a work session to discuss Southeast Texas Housing Finance Corporation as presented
by Ron Williams; and Wayfindinglsignage as presented by Curtis Roberts from fd2s.
CALL TO ORDER [6:00 p.m.]
Mayor Davidson 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.
PRESENTATIONS
Mayor Davidson read Proclamation 2004 -03 "Go Red for Women" which was accepted by Poncho Roberts and Norma
Buxkemperof the local chapter of the American Heart Association. Mayor Davidson also presented plaques to the American
Heart Walk top individual and corporate fundraisers.
PUBLIC COMMENTS
1. YMCA. Consider and take action to approve allowing the YMCA to place registration signs for soccer, as presented by ',!
YMCA Representative Sandra Clifton.
2. Dan Phillips. Mr. Phillips spoke in support of the restoration of the Wynne Home Arts Center.
3. ScottAtnip. Mr. Atnip spoke on behalf of the Huntsville's Promise Board of Directors in support of the restoration of the
Wynne Home Arts Center, stating the Wynne Home could increase 21 of the 40 recognized developmental assets for
area youth.
4. William V. Nash. Mr. Nash spoke in support of the restoration of the Wynne Home Arts Center, clarifying the funding
sources with charts.
5. Frank Leathers. Dr. Leathers spoke in support of the restoration of the Wynne Home Arts Center.
6. Brian Woodward. Mr. Woodward spoke strongly in opposition of the restoration of the Wynne Home Arts Center and in
opposition to the ethics resolution.
7. Roberta Plant. Ms. Plant read a letter on behalf of Fred Rush, HISD Superintendent, and spoke on her own behalf as
well in support of the restoration of the Wynne Home Arts Center.
8. Anita Escobedo. Mrs. Escobedo spoke on behalf of the Ballet Folklorico de Huntsville in support of the restoration of the
Wynne Home Arts Center, to preserve and share the historical nature of Huntsville.
9. John Escobedo. Mr. Escobedo thanked the Council for the opportunity to speak and stated his support of the restoration
of the Wynne Home Arts Center.
10. Darrell Hall. Mr. Hall spoke in opposition to: the proposed suspension of the tag rule, the item regarding approving the
contracts for the Wynne Home restoration, and the proposed code of ethics.
11. Charles Smither.Jr. Mr. Smither spoke in opposition to the change order for the Raven Nest golf course concrete work,
and voiced some concern that citizens should have more input with respect to an ethics rules for the Council. He also
questioned some of the data surrounding the current proposal for the new f re station on Daisy Lane.
12. Tom Mainer. Mr. Mainer spoke in opposition to the proposed code of ethics.
13. Carolina Crimm. Dr. Crimm spoke in favor of the restoration of the Wynne Home Arts Center and stated we must
respect our history in order to respect our future.
14. George Olive Mr. Oliver, member of the Wynne Home Finance Committee, stated that the arts will survive the test of
time, and spoke in favor of the restoration of the Wynne Home Arts Center.
15. Dana Nicola v. Mr. Nicolay spoke in favor of the Raven Nest golf course but stated concern that there is no public
swimming pool. He also stated that our government should promote the vitality of the city bypassing the Wynne Home
project.
16. Tamara Chasteen. Mrs. Chasteen would like to seethe Wynne Home become the Cultural Arts Center and invited all to
the Wynne Home fundraiser.
17. Ila Gaines. Mrs. Gaines requested the Council honor their original commitment and support the Wynne Home.
18. Don Kraemer. Mr. Kraemer encouraged the Council to proceed with the Wynne Home Arts Center.
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CITY COUNCIL MEETING OF FEBRUARY 3 2004 BOOK T 103
i� 19. LlovdMartin Mr. Martin spoke on behalf of the Palmer family forgiving the Wynne Home to the City and expressed the
wishes of the Palmer family. He stated he wants to seethe Wynne Home become an arts and cultural center,
19. Cheryl Eschenfelder. Ms. Eschenfelder, on behalf of the Boys and Girls Club and children of the community, read a
statement to move the Wynne Home Project forward.
�I 20. John Strickland. Mr. Strickland spoke in favorof the tag rule and the proposed code of ethics. Mr. Strickland also stated II
!i no objections to the restoration of the Wynne Home, but is upset with the way it is proposed to be financed.
21. Ahia Shabaaz. Ms. Shabaaz, as representative of the local chapter of the NAACP and World Exchange, supports the
Wynne Home and the cultural aspect it would bring to the City.
22. John Kerr Smithec Mr. Smither stated that culture is the foundation of a better community. He complimented Linda I�
Pease with regard to her work on Mrs. Palmers gift to the City and spoke in favor of the Wynne Home Cultural Arts
Project.
I; RECESS [7:45 — 7:58 p.m.]
PUBLIC HEARING on the Proposed TCDP Housing Infrastructure Fund Grant Submission
1. Mark Leonard, Grant Coordinator. Mr. Leonard opened the public hearing with a brief history of this grant's process.
2. Charles Smither, Jr. Mr. Smither complained that the information was not available when he requested it; there was a
lack of attention to detail when he was able to review it, specifically the map of the site and housing development
activities schedule; and questioned the City's liability.
3. Marcus Jones. Mr. Jones spoke in opposition to the restoration of the Wynne Home Arts Center.
STATUTORY AGENDA
., 1. Considerand take acfion to approve funding membership in the Gulf States Strategic Highway System at a cost not to
exceed $12,122.67 to be funded through a transfer from budgeted TXDOT joint venture funds.
DISCUSS AND CONSIDER Rules of Procedure for City Council Meetings
1.
Suspension of the tag rule.
Item 1 was pulled from the agenda without discussion.
2.
Public comments section. !!
Councilmember Smith revisited the institution of certain rules regarding public comments, namely to have the
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comments submitted in writing prior to the agenda posting, so the Council could discuss the issue at the meeting.
Following discussion Councilmember Choate requested that this item be discussed with the comprehensive rules
of procedure.
3.
Instruct staff to submit comprehensive rules of procedure for consideration.
City Manager Kevin Evans suggested the staff prepare comprehensive rules of procedure from other models for
Council to review and consider adopting.
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CONSENTAGENDA I!
1.
Approve the minutes of October 20 and 21, 2003 City Council meetings. (I
2.
Reject all bids received on November 19, 2003 related to the McGary Creek Interceptor Sewer Lines -Phase 1.
3.
Approve tax sale of four properties held in trust to the highest bidders, as identified by Grover Cook, Chief Appraiser,
Walker County Appraisal District
4.
Approve Change Order #6 in the amount of $5,851 to J &M Contracting forthe completion of additional concrete work on
the Raven Nest Golf Course project.
•, 5.
Approve first quarter FY 03 -04 budget adjustments as presented.I! j
6.
Approve expenditure of budgeted travel funds (registration, hotel, meals, transportation) in an estimated amount of $700
per Councilmemberto attend the Association of Mayors, Councilmembers and Commissioners in Galveston in February
2004 and $2,500 per Councilmember to attend the National League of Cities Conference in Washington D.C. on in
March 2004.
7.
Approve Ordinance 2004 -02 -03.1, ordering a municipal election to be held on the 15th dayof May, 2004, forthe purpose
of electing four Councilmembers from the respective at -large positions (1) One, (2) Two, (3) Three, and (4) Four;
designating the places and manner of holding the election; and providing for the posting and publication of notice.
8.
Approve Resolution 2004 -02 -03.1, 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.
STATUTORY AGENDA
., 1. Considerand take acfion to approve funding membership in the Gulf States Strategic Highway System at a cost not to
exceed $12,122.67 to be funded through a transfer from budgeted TXDOT joint venture funds.
CITY COUNCIL MEETING OF FEBRUARY 3, 2004 BOOK "T"
104
2. Considerandtake action to approve Resolution 2004 -02 -03.2, 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.
3. Considerand take action to approve funding for ISO study as proposed by Mike Pietsch, Consulting Services, at a cost
not to exceed $18,700, to be funded from unallocated funds.
motion. The motion passed 9 -0.
4. Consider and take action to approve Resolution 2004 -02 -03.3, 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 City's proposed participation.
5. Consider and take action to approve Ordinance 2004 -02 -03.2, ordering a bond election to be held on the 15th dayof May
2004, for the purpose of considering a bond proposition for the Wynne Home; designating the places and manner of
holding the election; providing for the posting and publication of notice and other matters related to conducting the
election.
No motion was made on this item.
6. Considerand take action to authorize the City Manager to execute the contracts with Stephens Construction Services
($654,900), Watson Consolidated ($68,100), and QUALTECH ($10,000), respectively, forthe Wynne Home renovations,
with $300,000 to be funded from the hotel /motel tax fund and to authorize a loan from the unallocated general fund I,
monies to the hotel /motel tax fund.
Mayor Davidson attempted to tag this item based on the fact that the wording was different from the last time it was
presented; several Councilmembers pointed out that this item had been previously tagged. City Attorney Thomas Leeper
was asked to make a ruling on whether the item could be tagged. Mr. Leeper ruled that the contracts had previously
been tagged and could not be tagged again; Mayor Davidson tagged the financing portion of the motion.
Councilmember Howard moved to ratify the contracts without addressing the funding source: and Councilmember i.
Crawford seconded the motion The motion passed 8 -1 with Mayor Davidson voting against
7. Considerand take action to approve Resolution 2004 -02 -03.4, directing the publication of Notice of Intention to Issue '..
City of Huntsville, Texas Combination Tax and Revenue Certificates of Obligation, series 2004.
Mayor Davidson tagged this item.
8. Consider and take action to approve Ordinance 2004 -02 -03.3, 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.
Councilmember Woodward reminded the Council that a work session was requested to be scheduled by
Councilmember Tavenner prior to voting on this item, and the work session has not to date been held. He requested
that this item be tabled until a work session be held.
Councilmember Smith moved to table this item until a future meeting and Councilmember Kayse seconded the
motion. The motion to table Passed 8 -1 with Councilmember Willett voting against
9. Consider and take action to approve Resolution 2004 -02 -03.5, adopting a Code of Ethics for City of Huntsville City
Council.
Mayor Davidson tagged this item.
C4. Approve Change Order #6 in the amount of $5,851 to J &M Contracting for the completion of additional concrete work on
the Raven Nest Golf Course project.
The Raven Nest Golf Course Clubhouse construction bid with J &M Contracting was approved at the July 1, 2003
Council meeting in the amount of $255,300. Change orders totaling $62,316.50 have been approved to the original
contract. The total amended construction contract to date is $317,616.50.
Change Order No. 6 contains the concrete work necessary to connect the parking lot and building in the amount of
$3,739 which is to be funded from the Golf Course construction project and an additional $2,112 to provide additional
concrete work to control erosion along the entrance to be paid out of Drainage Maintenance funds for a total change
order amount of $5,851.
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CITY COUNCIL MEETING OF FEBRUARY 3 2004 BOOK "T 105
IF
With the approval of Change Order No. 6, the construction contract on the Golf Course will be $323,467.50 with
I: $321,355.50 chargeable to the Golf Course Construction Budget.
MAYORICITY MANAGER ACTIVITY REPORT
1. Consider the following appointments:
a) Marilyn A. Soffar to Place Number One on the Planning and Zoning Commission.
b) Jack Remeny to Place Number Five on the Planning and Zoning Commission.
Councilmember Howard moved to appoint Marilyn A. Soffar to Place Number One on the Planning and
Zoning Commission and Jack Remeny to Place Number Five on the Planning and Zoning Commission and
Councilmember Crawford seconded the motion. The motion passed 9 -0.
2. Discussion on planning session, as presented by City Manager Kevin Evans.
Mr. Evans suggested a planning session in late April 2004 whereby the staff summarizes possible future planning
for the Council to discuss and prioritize in order to clarify direction of the City for budget planning.
3. Report on joint dispatch issues, as presented by Councilmember Vance Howard.
Councilmember Howard stated that the City budgeted $45,000 for the Joint Dispatch in last fiscal year and will
need to again this fiscal year. The County was notable to match those funds last year but will match this year as per our
agreement.
MEDIA INQUIRIES
Tod Rowe of the Huntsville Item asked for clarification on which items will be on the next agenda.
' ADJOURNMENT [9:50 p.m.)
Danna Welter, City Secretary