MIN CC 07/06/2004CITY COUNCIL MEETING OF JULY 6, 2004 BOOK "T"
134
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
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
Earl
102
201
206
101
301
205
401
Total
Dick Lindeman
136
41
28
12
7
25
96
18
36
Steed Smith
457
68
53
32
9
13
217
27
Ii
87 11
L
CITY COUNCIL MEETING OF JULY 6 2004 BOOK "T" 135
Position 3
102
201
206
101
301
205
401
Total
Bill Knotts
96
31
24
4
8
21
72
14
270
Mickey S. Evans
498
78
56
41
9
17
241
31
971
2.
3.
4.
Registered
Voters Voted
Voters
Early
Election Da v
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%
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.
Discussion of process for electing a Mayor Pro Tem and filling the vacancy in the office of Mayor.
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 lengthv discussion. Actinq Mavor 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 Board; 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_ L ^
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:
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 ofthe United 1111
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 jl
traveling display of photographs, personal histories, memorabilia, awards, decorations, and other military items loaned jj
or donated by many local veterans and their family members. Attracting other veterans and volunteers to assist them, 111;
they caringly and passionately shared these exhibits and the personal experiences of local veterans with our local '11.'i
children and their teachers until the size of the exhibits became much too large to move from one place to another. j
"During these early years, comments were made about Charlotte's kind heart, the generous hearts of her growing' j
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 ,I
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 L!.
expressed their amazement and pleasure with our unique veterans museum and the outstanding cooperative efforts of1.',
our local veterans, volunteers, and supporting partners.
I
"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 I.
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 P
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
Consider and take action to authorize the payment of $72,823.81 from budgeted funds to AT &T for construction costs 1',
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. li
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 L'
budgeted $50,000 for the administration, construction, and landscaping of the islands at 12'" 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).
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 corridorfrom 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 %of the costs.
On September 2, 2003, City Council authorized City participation with the Developers (50150) in an amount not to
I.
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.
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
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.
6. Considerand 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 $47,466.79 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
telephone traffic and the additional network and telephone traffic from remote sites like Parker Creek. Subsequently,
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.
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 Govemment 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.
CITY COUNCIL MEETING OF JULY 6 2004 BOOK "T 138
RECESS [7:36 -7:50 p.m.]
i
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
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.
Cniincilmemhor KnvQP mnvcri toniithnrivc the Cih, AHnrncv to rl.n itfho Cnmmiccinncr'c i,.ri- -fMTRA nnn!
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 ;I
the Clegg property condemnation hearing, as presented by Thomas A. Leeper, City Attorney.
No action was taken on this item.
MAYORJCOUNCILMEMBER/CITY MANAGER REPORT
City Manager Kevin Evans presented the proposed Budget Calendar/Schedule,
ELECTION MATTERS
4. Discussion of process for electing a Mayor Pro Tom 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 Tom, and fill the vacancy in the office of Mayor.
Councilmember Crawford moved to appoint Councilmember Smith as Mayor Pro Tom 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.]
Donna Welter, City Secretary
U