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MIN CC 02/17/2004CITY COUNCIL MEETING OF FEBRUARY 17, 2004 BOOK "T" 107 MINUTES OF THE HUNTSVILLE CITY COON CIL MEETING HELD ON THE 17TH DAY OF FEBRUARY 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 fallowing members present: COUNCILMEMBERS: Judy Kayse OFFICERS: Kad 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 — 5:43 p.m.] The City Council conducted a work session to discuss: Proposition 13 as presented by Grover Cook, Walker County Appraisal District; and Charter Review Committee recommendations as presented by Dr. John Holcombe, Committee Chair. Committee member Bill Nash gave a minority report on the recommendations. CALL TO ORDER [6:00 p.m.] Mayor Davidson called the regular session to order. PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION Reverend Kenneth Levingston led the invocation. Mayor Davidson read proclamations for and presented retirement service awards to 32 -year City employee retirees Damell "Pap" Ashley and Willie D. Ross. 2. 3. 4. 5. 6. 7. 8. 9. 10. it. 12. 13. 14. I 1. PUBLIC COMMENTS Joyce Bradford Parker. Ms. Parker stated the Dawson dirt pit had not been resolved, but she did understand that TXDOT was working on the problem. She also stated she did not understand why it was so hard to vote on the Wynne Home, and the Council should work together and not hate each other, encouraging them to pray. NOTE: Councilmember Willett was present from this time forward. Brian Woodward. Mr. Woodward apologized for his interjections at the prior Council meeting; and spoke in opposition regarding signing the contracts and funding for the Wynne Home Arts Center. DeloraKino. Ms. King asked for democracy in Huntsville, stating there has not been democracy for the past eight years. David Cummings. Mr. Cummings spoke in support of preparing written comments for the Council's ability to discuss at a meeting; in support of moving forward with the Wynne Home Arts Center; and in opposition to the tag rule. Carol Byrd. Ms. Byrd spoke in support of the Wynne Home Arts Center restoration and the preservation of the arts in Huntsville and Walker County. Darrell Hall. Mr. Hall spoke in opposition to the Wynne Home Arts Center restoration, stating it has and would continue to cost more than the alleged $300,000; and encouraged the Council to vote against the ordinance regarding the ad valorem tax freeze on residential homesteads of the disabled and of the elderly so that it could be put to a vote. Ruth Webb. Ms. Webb requested democracy and the freedom to vote. Tamara Chasteen. Ms. Chasteen spoke regarding the Mayors comments in the February 8 edition of the Huntsville Item, stating her support of the Wynne Home Arts Center, and encouraging the current Council to fulfill the promises made during the past five -year process. Mary Frances Park. Dr. Park read a letter on behalf of Nancy Powell Moore, chair of the Powell Foundation, stating Mrs. Moore's vested interest in the City of Huntsville and in support of the Wynne Home Arts Center restoration. Joyce Smith. Ms. Smith spoke directly to Mr. Evans and Mr. Leeper, warmly welcoming them to the City. Jan Steinmever. Ms. Steinmeyer requested the Council allow the citizens vote on the Wynne Home. Frank Leathers. Dr. Leathers spoke in support of the Wynne Home Arts Center restoration, stating the Council should follow through with its original commitments of the Wynne Home and reminding the City of all the other recent improvements to infrastructure. He encouraged the Councilmembers to "vote your conviction, and move forward!" Jack Ross. Mr. Ross stated he wanted a chance to vote on the Wynne Home. Lee Jamison. Mr. Jamison spoke in support of the Wynne Home Arts Center restoration. STATUTORY AGENDA Considerand take action to approve the minutes of November 11, November 17, December2, December3, December 9, December 10, December 16 and December 17 City Council meetings and the November 25 Finance Committee CITY COUNCIL MEETING OF FEBRUARY 17, 2004 BOOK "T" 108 2. Consider and take action to approve Resolution 2004 -02 -17.1, directing the publication of Notice of Intention to Issue City of Huntsville, Texas Combination Tax and Revenue Certificates of Obligation, series 2004. Councilmember Choate moved to amend the above motion to reflect a total of $1.2 million: and Councilmember 9 Considerand fake action to approve the Developer Contract forstreet construction submitted bythe American Bank and the Black family, and authorize the City Manager to sign the document. American Bank and the Black family have submitted to City Council for participation in the extension of street as stated above at the December 16,2003 Council meeting. The preliminary drawing and an engineers option of probable cost for the proposed street improvement were prepared by Dale Browne of Ash & Browne Engineering, Inc. of College Station. 4. Consider and take action to authorize the City Manager to enter into an Engineering Contract with Ash & Browne Engineering, Inc., in an amount notto exceed $49,350 forthe design of the proposed streets and utilities associated with the project to be funded from developer participation and budgeted funds. American Bank requested City participation in the construction of streets and utililities adjacentto their location on 11th Street. City participation of $100,000 was approved at the City Council meeting on December16, 2003. The total estimated cost for engineering and construction was $378,347. The Developers will deposit $ 278,347 ($100,000 - Black family and $178,347 - American Bank) with the City as their share of the engineering and construction costs. A Developer Contract will also be executed for this project. 5. Consider and take action to establish the City's intent of acquiring the right-of-way through the Campbell property in order to extend Powell Road and authorize the City Manager to proceed with providing the necessary survey and appraisal data. On June 4, 2002, City Council approved the Huntsville Transportation Plan prepared by Wilbur Smith Associates. Under the Recommended Short Term Improvement Program (2002 to 2010) on Table 7 -1 the plan recommended the following: "Improve/Extend Powell Road from Sam Houston Ave. to IH 45 NB Frontage Road " A plat was submitted to the Planning and Zoning Commission at its meeting on February 2, 2004 to subdivide an 8.456 acres tract and Lot 2 of the development is in the proposed route. The tract is part of the Rayford H. Moore Estate and is being divided between his two children. The proposed development will form three lots. Lot 2 of the development is 6.548 acres in size and is an undeveloped tract containing only out buildings and an abandoned house. A City-owned 12" diameter well line runs north and south through Lot 2 and will require a 20' utility easement. The Transportation Master Plan indicates a planned extension of Powell Road (part of Cline Street) northward through Lot 2 which would intersect a proposed extension of Lakeridge Drive. Lakeridge Drive would intersect with Milam Street (private) if extended east. The proposed extension would follow the existing 12" well line and would become the north extension of Powell Road. The owners of the property do not plan any development on the lot but want to determine the City's intent to acquire the right -of -way at this time. According to the Transportation Plan, a collector street requires a right -of -way width of 70'. RECESS ]7:35 -7:45 p.m.] 6. Consider and take action to approve Ordinance 2004 -02 -17.1, amending Ordinance 2003 -04, establishing a Youth Council, by allowing for two (2) additional youth members and removing the residency requirement. Consider and take action to fund previously authorized contracts for the Wynne Home renovations, to wit: Stephens Construction Services ($654,900), Watson Consolidated ($68,100) and QUALTECH ($10,000), in the amount of $300,000 to be funded from the hotel occupancy tax fund with the balance to be funded from designated donations, contributions and grants specified for the Wynne Home project, and to further authorize a loan from unallocated general fund monies to the hotel occupancy tax fund to be repaid from the aforementioned sources. i it 77 I CITY COUNCIL MEETING OF FEBRUARY 17, 2004 BOOK "T" F1 109 Consider and take action to approve Ordinance 2004 -02 -17.2, 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. 9. Considerand take action to approve Ordinance 2004 -02 -17.3, creating a tag rule for the City Council, as presented by Mayor Davidson. Councilmember Choate moved to table this item until a future meeting: and Councilmember Howard seconded the motion. The motion to table passed 9 -0. MAYOR/CITY MANAGER ACTIVITY REPORT 1. Consider the following appointments: a) Mary Robbins, as adult member of the Youth Council. b) Maria Johnson, as adult member of the Youth Council. c) Joreen Waddell, as adult member of the Youth Council. d) Walter Bennett, as adult member of the Youth Council. e) Margi Eglsaer, as adult member of the Youth Council. f) Michael Grant, as youth member of the Youth Council. g) Darvis Walker, as youth member of the Youth Council. h) Michael Fuller, as youth member of the Youth Council. i) Noe Garcia, as youth member of the Youth Council Councilmember Choate moved to approve the above appointments to the Youth Advisory Board: and Councilmember Crawford seconded the motion. The motion passed 9 -0. 2. Discuss and consider funding for consultant to evaluate TIRZ proposal. City Manager Kevin Evans requested using funds to engage Schrader& Cline, LLP to evaluate independently the proposed TIRZ for the City and make a recommendation to the Council. Council agreed to vote to fund up to $8,500 plus expenses for this evaluation at the next City Council meeting. RECESS [8:25 -8:35 p.m.] WORK SESSION [8:35 -8:55 p.m.] The City Council conducted a work session to discuss the proposed Code of Ethics. ADJOURNMENT [8:55 p.m.] Donna Welter, City Secretary