MIN CC 08/07/2007CITY COUNCIL MEETING AUGUST 7, 2007 BOOK'1�Ip 47
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7TH DAY OF AUGUST, 2007, 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:
J. Turner Wayne Barrett Kevin Evans, City Manager
Mickey Evans Dalene Zander Danna Welter, City Secretary
Clarence Griffin Mac Woodward Thomas Leeper, City Attorney
Jim Willett Melissa Mahaffey
Absent: Jack Choate
WORK SESSION [5:30 p.m. — 5:55 p.m.]
Discuss outdoor burning.
CALL TO ORDER [6:00 p.m.]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Councilmember Griffin led the invocation.
PUBLIC COMMENTS (Agenda Items Only)
None.
PRESENTATIONS
a. Pigging Project Presentation presented by Bill Daugette, Director of Public Utilities.
CONSENT AGENDA
a. Consider minutes of July 13 -14, 2007. [ Danna Welter]
Councilmember Woodward made a motion to approve the consent agenda and Councilmember Griffin seconded
the motion. The motion passed unanimously.
STATUTORY AGENDA
a. Authorize the City Manager to execute the Texas STEP (Statewide Tobacco Education and Prevention) grant
award in the amount of $4000, as presented by Sergeant Gary Howze.
The Huntsville Police Department has received this grant annually since 2004. The funds are designated for the
education of local tobacco retailers and Municipal Court personnel relating to state tobacco laws and for on -site inspections I
and controlled buys of tobacco products
FISCAL IMPACT / FUNDING SOURCE:
Entire initiative is funded through the grant. There are no matching fund requirements.
Councilmember Zender made a motion to authorize the City Manager to execute the Texas STEP (Statewide Tobacco
Education and Prevention) grant award in the amount of $4000 and Councilmember Mahaffey seconded the motion The
motion passed unanimously.
b. Authorize the City Manager to enter into a Construction Contract with Southern Customs, Inc in the amount of $47,283
for the installation of concrete sidewalks renovations along the west side of University Avenue in the 13' " -10 block from
budgeted CIP sidewalk funds, as presented by Steve Stacy, Director of Public Works.
This portion of University Avenue sidewalk area is in very poor condition due to numerous failures and elevation
changes in the pavement in the surrounding area. Bids were received and opened on August 1, 2007. The bid tabulation
sheet is attached. Three bid packets were picked up by prospective bidders with three bids being received. The low bidder is
a new bidder for the City of Huntsville.
FISCAL IMPACT /FUNDING SOURCE:
Funding Impact: $47,283
Councilmember Zander made a motion to authorize the City Manager to enter into a Construction Contract with
Southern Customs Inc in the amount of $47 283 for the installation of concrete sidewalks renovations along the west side of
University Avenue in the 13� -14 block from budgeted CIP sidewalk funds and Councilmember Mahaffey seconded the
motion The motion passed unanimously.
C. Authorize the City Manager to enter into a Developer's Agreement to Construct Public Improvements with BCS I!,
Development Company to service the Brookview subdivision located along State Highway 75 North and to include city''..
participation of 50% for an amount estimated at $143,535, as presented by Steve Stacy.
The Planning and Zoning Commission approved the preliminary plat for the Brookview subdivision on June 4", 2007. '.
The project consists of 40.77 acres and will provide 150 residential lots. The developer expects to have the final plat and final',
engineering design completed by August. Exhibit "A" in your packet conforms to the approved preliminary plat.
VL
CITY COUNCIL MEETING AUGUST 7, 2007 BOOK 1/10
48
Additionally, the project lies between the McGary Creek lift station and Highway 75 North along the path for the
extension to satisfy UU needs in the area. The developer is asking for participation in the main line that services the u
area. The interior lines for the development are not included in the participation proposal.
The final engineering design and an engineer's estimate of probable cost for the proposed public improvements
prepared by J. Dale Browne, Jr., P.E. of McClure & Browne Engineering /Surveying, Inc. of College Station, Texas.
Cost Estimate Summary:
Sanitary Sewer System $ 217,972
Erosion Control Construction 15,000
Professional Fees 30,800
Total Project Cost 287,070
50% City Participation Total: $ 143,535
FISCAL IMPACT/ FUNDING SOURCE:
Funding Impact: Amount estimated at $143,535 — Sewer Construction Costs
Councilmembers raised questions regarding the size of the lots and the types of homes to be built. The
stated that he felt the Council would be very pleased with the type of housing in this development.
d. Accept the property adjacent to the Oakwood Cemetery as provided in the Special Warranty Gift Deed from Montw:
Holdings, Ltd., and authorize the City manager to execute same Deed, as presented by Stephanie Brim, Director
Community Services.
The subject land is immediately adjacent to the north side of Oakwood Cemetery, and was intended as part of the Farr
legacy to be included with the current wildwood sanctuary located therein from the time of purchase. The family desires
legally convey this portion of land at this time, completing the wishes of the family. The Powell family will also provide I
fencing to be installed along the border of the property, tying the property into the north side of Oakwood Cemetery, once tl
land has been accepted and surveyed by the City.
The proposed deed is attached and has been reviewed and approved by both the Powell family and the City Attorne
The Cemetery Advisory Board voted at their meeting of July 19, 2007, to recommend acceptance of this deed and to forwar(
to the City Council for action.
FISCAL IMPACT/ FUNDING SOURCE:
Minor operational impact with respect to fence maintenance, etc.; the additional land is to be added to the wildwood sanctuE
and will not add plots to the cemetery.
e. Authorize the purchase of the A/C unitforthe Aquatic Centerto be funded from Pool Construction transferof fundsfrc
Contingency (818 - 81801- 62600) to Capital Equipment (818- 81801 - 69020), as presented by Stephanie Brim.
With construction of the Aquatic Center closed out and the facility in full operation, various operational issues continue
arise.
One immediate issue revolves around the current air conditioning system. The original plans called for only tl
manager's office to be serviced through by a small, window -type unit. The admission office and concession areas were
remain open -air style, with no air conditioning, and in fact, only two ceiling fans installed in the concession area.
The concession area and admission areas are extremely uncomfortable given the heat of the summer. Additionally, tl
admission area faces due west, and so has the benefit of full afternoon sun. The unit for the manager's office was installe
per the plans, to 'vent' into the concession area, which only adds to the heat in the facility. Additionally, the ceiling fa
installed per the plans /specs do not reverse to pull hot air upwards.
We have tried numerous 'fixes', to no real avail. We have brought in additional fans to help circulation, we have install
mini - blinds on the windows to help reduce the sun's effects, and we have even purchased temporary room -type units. Th
have all been ineffective, but are still in use until a more permanent fix in established. These working conditions can
neither healthy nor acceptable long -term.
With the construction of the pool complete, there are remaining funds available (510,964.55) that could be moved frc
the Pool Construction Contingency line item (818- 81801- 62601) to the Capital Machinery/Tools /Equipment line item (81
81801- 69020) to purchase and install an A/C unit. Preliminary cost estimates are under $7,000; and while only one (1) quc
was available at agenda posting time, additional bids are being sought and will be presented to the City Council at tl
regularly scheduled meeting.
In addition to the installation of the A/C unit, a drop ceiling will be installed throughout the building, and a sliding partitic
style window will be installed in the concession area. These costs are minor enough to be absorbed by the current Buildii
Maintenance budget.
CITY COUNCIL MEETING AUGUST 7, 2007 BOOK-;7% 49
FISCAL IMPACT / FUNDING SOURCE:
Proposals for turnkey installation of a 5 -ton A/C unit at the Aquatic Center were received from the following:
EASCO $7,888
All Temp $8,150
Ashworth None Submitted
Baker None Submitted
Huntsville A/C None Submitted
f. Approve abandonment of the 25' by 25' sewer easement located on property located at 914 Lincoln Drive, as presented
by Bill Daugette, Director of Public Utilities.
This easement was obtained in order to install a lift station in 1960. The station was abandoned in 1980 as a part of the
AJ Brown north sewer plant construction project. The conditions of the easement dictates that should the City of Huntsville
abandon the sewer station that the "title would revert to the grantors, herein, their heirs and assigns."
FISCAL IMPACT or FUNDING SOURCE.
None.
Councilmember Woodward made a motion to approve abandonment of the 25' by 25' sewer easement located on
property located at 914 Lincoln Drive and Councilmember Evans seconded the motion. The motion passed unanimously.
g. Authorize the City Manager to execute Change Order No. 3 for the Huntsville Horizon Comprehensive Plan Project in an
amount of $5,200, as presented by Stan Hamrick, City Planner.
This brochure plan will be a folded two page document approximately 24 "x36" in size. It will provide a professionally
designed summary of the plan concepts and goals as well as essential graphics and maps. It provides a simple, effective way
to communicate the plan's content with citizens and developers.
' Kendig Keast Collaborative, Inc. was awarded the original for an amount of $153,120. Below is a summary of the
approved change orders and Change Order No. 3.
CHANGE ORDER BID AMOUNT
Number 1 $2,000
Number $1,000
Number 3 (under consideration) $5,200
Total of all change orders $8,200.00
With approval of Change Order 3, the revised contract amount will be $161,320. This is an increase of 5.35 percent
from the original contract price.
FISCAL IMPACT / FUNDING SOURCE.,
Fiscal Impact: $5,200.00
Funding Source: Budgeted Project Funds as shown below:
815 - 81517 -62600 Contingency $12,669.05 (balance available)
This will leave a remaining balance of $7,469.05.
h. Approve Resolution 2007 -08 -07.1 to designate the a 0.50 acre tract as wetlands as part of the requirement of the Texas
Parks and Wildlife Department's granttothe Cityof Huntsville, as presented by Tom Wager, Planning and Development
Superintendent.
In order to fulfill the requirements of the Texas Parks and Wildlife Department's grant to the City of Huntsville, the City
Council of Huntsville, Texas hereby designates 0.500 acres of parkland in the Eastham- Thomason Park for wetlands, said
wetlands being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference as if set out
verbatim. This 0.50 acre wetlands tract is out of the City of Huntsville 5.71 acre tract purchased from Mr. & Mrs. Breston as
recorded in Volume 818, Page 678 Official Records of Walker County, Texas.
FISCAL IMPACT /FUNDING SOURCE:
Fiscal Impact: None
Funding Source: None
' wetlands as pan or me requirement or me IexaS ra b aim yy U C UUPdF OIIGIIID q101 IL Rl Ll U VILV UI r UIILJVlll0. OI iU
Councilmember Mahaffey seconded the motion The motion passed unanimously.
MAYOR/COUNCILMEMBER/CITY MANAGER REPORT
a. Consider Karl Davidson's request for the City of Huntsville to waive charges for costs for responding to his June 22,
2007, public information request (aka, "open records request ").
Karl Davidson submitted an Open Records Request via email on June 22, 2007 for "copies of all correspondence,
including emails, between all elected city officials, appointed board members, committee members, city staff and Charter
Officers of the City pertaining to TIRZ One and the 380 Agreement."
CITY COUNCIL MEETING AUGUST 7, 2007 BOOK'
50
Since many individuals were involved with this and it appeared that it would be a large request of information, Mr. Leel
)honed Mr. Davidson to clarify his request. Mr. Davidson did not limit the scope of the request. Mr. Leeper then sent
it to all city employees and board members requesting that they check to see if any had an records relating to this requ
to document the time spent doing so.
The original estimate for the time spent was $300 (20 hours at $15.00 per hour) as prescribed by State law. The C
iled Mr. Davidson with this estimate and he paid the fee. After receiving information from employees with time spent
request, the City sent Mr. Davidson an update of the charges required. An additional $270 was required to fulfill
On July 17, 2007, Mr. Davidson sent an email with his intent to file a complaint with the Texas Attorney Gei
d requested "that the information requested in [his] open records request of June 22, 2007, be made available
no cost because releasing it would be in the public good"
Mr. Davidson did remit the additional $270.00, but requested that City Council consider his request.
FISCAL IMPACT /FUNDING SOURCE:
Councilmember Evans made a motion to deny Mr. Davidson's request. The motion died for a lack of a second.
After a lengthy discussion Mayor Turner requested that this item be discussed at a future agenda.
Appoint Mayor Turner, and Councilmembers Zander and Evans to an ad hoc review committee on the future land
map.
Consider and possibly approve settlement of Bass v. City of Huntsville.
This item was discussed in Executive Session.
None,
None.
PUBLIC COMMENTS (General)
MEDIA
EXECUTIVE SESSION [7:40 p.m. — 8:05 p.m.]
RECONVENE [8:07]
ADJOURNMENT [8.08 p.m.]
Danna Welter, City Secretary