MIN CC 04/06/2004CITY COUNCIL MEETING OF APRIL 6, 2004 BOOK "T"
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF APRIL 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: 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 [5:00 — 5:50 p.m.]
The City Council conducted a work session to discuss Raven Nest Golf Course, as presented by City Manager
Kevin Evans. [NOTE: Councilmember Willett was present from 5:35 p.m.]
CALL TO ORDER [6:00 p.m.]
Mayor Davidson called the regular session to order and then introduced new Finance Director Winston Duke.
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 -12, "Public Safety Telecommunications Week,' which was accepted by the I'
Public Safety Communications Center and Proclamation 2004 -13, "Fair Housing Month,' which was accepted by Mark
Leonard, Grant Coordinator.
PUBLIC HEARING on the PROPOSED AMENDMENTS and ADDITIONS to the DEVELOPMENT CODE
No one presented to speak at the public hearing.
PUBLIC COMMENTS
1. Stan Foley. Mr. Foley, on behalf of Entergy, invited the Council to the Entergy- Habitat for Humanity house - raising project
workdays scheduled for April 17 and April 24, 2004, and thanked the City for their participation and cooperation. Mr.
Foley thanked in particular Mike Roempke, Chief Building Official, for his liaison duties and helpful attention.
2. Soott Atnip. Mr. Atnip gave a brief overview of the IMPACT Huntsville as held by the Huntsville's Promise Faith in Action
Committee, which brought together 150 volunteers from 16 churches to repair 14 homes in the community. He thanked
the City for their support of the project, which was truly a success.
3. Brian Woodward. Mr. Woodward commented on the "revisionist history' of the golf course stating the current City
Manager may not have been presented all the correct facts by the staff in order to prepare his presentation on the golf
course, which did contain errors. He stated the problems with the golf course and new financial software were due to the
departure of Patricia Allen, former Finance Director, and Bob Hart, former City Manager.
Councilmember Smith took exception when Mr. Woodward exceeded his allotted time. Mayor Davidson allowed
Mr. Woodward to utilize another citizen's time to continue his statement.
4. Wendell Baker. Mr. Baker spoke in support of the proposed ordinance regarding employee holidays, and suggested the
Council consider allowing employees to utilize a Floating holiday in order to promote cultural diversity.
5. JoAnn Castilla. Ms. Castille also spoke in support of the proposed ordinance regarding employee holidays.
CONSENTAGENDA
1. Approve the minutes of the January 23 and January 30, 2004 City Council meetings.
2. Authorize the City Manager to execute the Huntsville Family YMCA contract for the summer 2004 aquatics program at a !�
cost not to exceed $12,500 to be funded from budgeted funds.
Councilmember Woodward moved to approve the Consent Agenda: and Councilmember Kayse seconded the motion.
The motion passed 9 -0
STATUTORY AGENDA
1. Considerand take action to approve Ordinance 2004 -04 -06.1, amending the Personnel Rules of the Cityof Huntsville by
amending Chapter 9, Section 1, Holidays.
The Personnel Rules were amended to add Cinco de Mayo and Juneteenth as employee holidays when theyfall
on a weekday, and to eliminate the personal holiday.
Councilmember Howard moved to approve Ordinance 2004 -04 -06.1. amending the Personnel Rules of the Cityof
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Huntsville by amending Chapter 9. Section 1 Holidays7 and Councilmember Kayseseconded the motion The motion
passed 9 -0.
2. Consider and take action to approve Ordinance 2004 -04 -06.2, amending the Development Code of the Code of
Ordinances of the City of Huntsville, Chapter 1, Section 102.4, Chapter 2, Section 211.2, Chapter 4, Section 403.3,
Chapter 11, Section 1103.3 and Chapter 14.
The current code was adopted in June of 1986 and has been amended to address the changing needs of the
community and changes to the Texas Local Code, FEMA regulations, etc. The Planning and Zoning Commission
reviewed the proposed Development Code revisions at their regular meetings on January 5, 2004 and March 1, 2004,
and conducted a public hearing on March 8, 2004 to receive input on the following items:
Chapter 1, Section 102.4 — In 1994, code revisions were made to the Development Code referring to the Planning
Officer but a description of the duties and procedures for appointment were not defined. This addition to the code
will define the City Managers authority to appoint the Planning Officer and a Deputy Planning Officer and define the
duties.
• Chapter 4, Section 403.3 —On November 11, 2003, the City Council authorized a recommendation to restrict utility
service along Veterans Memorial Parkway to prevent the crossing of overhead utilities except at State Highways.
Council proposed four items for review and implementation by the Planning and Zoning Commission. Staff and
Commission members have met with Stan Foley and his staff from Entergy to considerthe recommendations and
make revisions.
• Chapter 11, Section 1103.3 (3)— Currently, any non - commercial entity i.e., Huntsville Boys Baseball, Girls Softball,
wishing to place a sign in the public right of way must come before the City Council for their consideration and
approval. The revision of the code will allow the Building Official to permit and control the placement of the
temporary signs. Representatives from the sports organizations were contacted for their input.
• Chapter 14 and sections of Chapter 2 — The City Surveyor, Gene Woods, met with local surveyors to update the
surveying and monumentation requirements. The revisions will assure a consistency in all major plats submitted for
review and allow for the sharing of technology by city staff and surveyors.
3. Consider and take action to authorize the City Manager to seek'Request for Proposals' for maintenance work to the
McDonald Creek channel section from Winter Way Drive to Autumn Road.
Prior to 1979, McDonald Creek from Winter Way Drive to Autumn Road was a well defined spring fed creek that
was approximately five to seven feet deep. The area was annexed in 1980 -1981; however, drainage maintenancewas
li not originally performed because of the difficulty in obtaining drainage easements. Complicating the maintenance
process, the area was later labeled as "Wetlands" by the Corps of Engineers.
Since that time the City of Huntsville has been struggling with how to prevent the flooding of the Spring Creek
Water Treatment Plant, private homes and private property and a public road. The Planning and Development and
Public Works Departments have met on several occasions in an attempt to obtain permission to perform some relief
maintenance.
During the last meeting with Corps of Engineers representative Mr. Jeff Hill, the City was instructed to submit a
maintenance plan which will result in the zero discharge of dredged or fill material within the channel way of McDonald
Creek. On February 18, 2004, the City of Huntsville submitted a maintenance plan and received a response dated
March 2, 2004. The response stated "At this time, we do not regulate excavation in Section 404 waters of the United
States unless there is more than minimal discharge associated with the proposed activity. Please be aware that it is the
applicant's responsibility to provide information that discharge is not more than the incidental fallback from the
mechanized land - clearing equipment."
The Planning and Development and Public Works Departments propose to seek proposals from qualified
contractors for the McDonald Creek maintenance work. The contract will be awarded based upon: 1) the quality and
feasibility of the proposed maintenance plan submitted for the work; 2) the proposed plan for documentation of
compliance with Corps of Engineers regulations; and 3) the proposed cost for performing the work.
The Public Works Street Division has estimated a project cost of approximately $152,439 or $155,000 based on a
CITY COUNCIL MEETING OF APRIL 6, 2004 BOOK "T" 120
RECESS [7:15 — 7:30 p.m.]
WORK SESSION on CHARTER REVIEW COMMITTEE RECOMMENDATIONS [7:30 -7:40 p.m.]
1. The City Council will conduct a work session to discuss the Charter Review Committee recommendations.
2. Considerand take action to approve Ordinance 2004 -04 -06.3, ordering a special election to be held on the 15" day of
May, 2004, forthe purpose of voting on the proposed amendments to the City Charter of the City of Huntsville, Texas;
designating the places and manner of holding the election; and providing for the posting and publication of notice.
RECONVENE into REGULAR SESSION
RECESS [7:45 — 7:50 p.m.]
EXECUTIVE SESSION [7:50 — 7:58 p.m.] '..
The City Council will conduct a closed session under Texas Government Code, Chapter 551, Section 551.074 to
deliberate the evaluation, reassignment, and /or duties for certain positions with the City including Municipal Court Prosecutor.
RECONVENE from EXECUTIVE SESSION
Councilmember Kayse moved to approve the contract with Lara Heinold as the Municipal Court Prosecutor. and
Councilmember W illett seconded the motion. The motion passed 9 -0
ADJOURNMENT [8:00 p.m.]
Danna Welter, City Secretary
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