MIN CC 10/09/2001CITY COUNCIL MEETING OF OCTOBER 9, 2001 _ BOOK "S 351
.! MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELDONTHE9TH DAY OF OCTOBER, 2001, INTHECITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M.
The Council met in a regular session with the following members present:
COUNCILMEMBER:
CONSENT AGENDA
William B. Green, Mayor John Escobedo
Officers:
Gary Crawford Marjorie Rex
Bob Hart, City Manager
Mark Erb Steed Smith
Paul Isham, City Attorney (absent)
Vance Howard
Danna Welter, City Secretary
Absent: Ralph A. Davis, Jr., David Martinez
and shop towel rental.
WORK SESSION [4:20 p.m. - 5:10 p.m.]
Discuss: a. TIF District; and
b. Raven Hills Higher Education Corporation.
CALL TO ORDER [5:20 p.m.]
Mayor Green called the meeting to order.
INVOCATION
Invocation by Rev. Mary Shotlow, St. James United Methodist Church.
PUBLIC COMMENTS
1. Charles Smither, Jr. Mr. Smither stated that he had two issues: log cabin project and Oakwood Cemetery.
He was upset to find out that the log cabin had been dismantled downtown. He feels that there will be a large amount
' of money needed to rebuild the cabin. He feels the project was rushed into and that the project will end up being costly to
the City.
Mr. Schindler stated that Ms. Crimm, SHSU, has solicited help with this project and to his knowledge the City is not
participating in the resin problem with the cabin.
Mr. Smither stated that he was unaware that the Oakwood Cemetery contract was going to be on the agenda tonight.
He is a member of the Board and it was his understanding that this contract would not be presented at this time.
2. Tom Bevins. Mr. Bevins stated that he owns Parkwood Place Apartments and is concerned about the traffic situation
with the one -way feeder roads. He has received several notices to vacate this week due to the traffic problems. He is
also concerned that emergency vehicles will have a hard time accessing this area. He is asking the City for some relief.
Mayor Green stated that later on this agenda, the City will approve the extension of Veterans Memorial Parkway to IH -45
feeder road. Mr. Bevins stated that it does not connect to Parkwood Drive. Mayor Green asked that Mr. Bevins visit with
the City Engineer Glenn Isbell. Mr. Hart stated Parkwood Drive is a private street, but he has visited with Mr. Bevins and
the owners of Creekwood Apartments to devise a solution to this problem.
3. PUBLIC MEETING - to discuss proposed "911" changes.
Ruth Laskie, Ann Holder and Don Coleman spoke against changing Pine Shadows, and Milton Kresche spoke against
changing Boettcher Drive.
CONSENT AGENDA
1.
Approve Resolution 2001 -10 -09.1 appointing Stephanie Brim as Deputy City Secretary.
2.
Approve Ordinance No. 2001 -10 -09.1 Extending the Termination Date of Cable Franchise with Cox Communications
to December 31, 2001.
3.
Approve a three year contract with Cintas, with the option to renew for two additional one year periods, for uniform, mat
and shop towel rental.
'
4.
Authorize the City Manager to enter into an Airport Maintenance Contract with the Texas Department of Transportation
- Airport Division for reconstruction of approximately 300 linear feet of roadway and to rebuild approximately 13,000
square feet of parking lot with curb and gutter, at a cost of $63,164.00 ($30,000.00 State and $33,164.00 City), to be
allocated from budgeted funds.
5.
Approve Change Order No. 7 on the Willow Street Project to Riata Construction in the amount of $41,870.94, to be
funded from unallocated CIP street funds.
CITY COUNCIL MEETING OF OCTOBER 9 2001 BOOK S" 352
I� 6. Authorize the City Manager to enter into an Engineering Contract with Wisenbaker, Fix & Assoc. in the amount of
li $16,500.00 for an Engineering study related to hydraulically balancing the ground storage facilities and an automated
jchlorination system to be funded from budgeted funds.
ii 7. Approve the abandonment of the 10' utility easement between Lot 1001 and Reserve `C -3" of Timberwilde Estates,
Section 2.
8. Approve the Shannon Drive Sewer Utility Extension for Mr. James Martin in the amount of $5,868.50 of which the city's
cost would be $2,934.00 to be funded from the Future Allocation Sewer Extension Fund.
9. Approve awarding the construction contract for the extension of Veterans Memorial Parkway to the low bidder of
Grisham construction Co., Inc. in the amount of $934,631.62, to be funded from budgeted funds.
10. Approve awarding the construction contract for the extension of wastewater improvements to West Hill Park, Section'.
4 to the low bidder of Grisham Construction Co., Inc. in the amount of $105,327.97, to be funded from budgeted funds.
11. Approve the abandonment of Wild Plum Lane in Spring Lake Estates, Section 5 and offer the 0.745 acre of roadway
to M. B. Etheredge at a cost of $745.00.
12. Approve the allocation of additional funds in the amount of $1,000 for the Huntsville Youth Orchestra for FY 2001 -2002.
Councilmember Howard made a motion to approve the Consent Aaenda. and Councilmember Rex seconded the
motion. The motion passed unanimously. NOTE: Councilmembers Davis and Martinez absent
STATUTORY AGENDA
1. Approve Ordinance 2001 -10 -09.2, adopting address changes for various streets.
Councilmember Howard made a motion to approve Ordinance 2001 -10 -09.2 adopting address changes for various
streets with the exception of Boettcher and Pine Shadows. and Councilmember Erb seconded the motion. The motion
Passed unanimously.
2. Approval of the Agreement with Oakwood Cemetery Association for the City to receive the assets of the Cemetery and '
assume the ownership, repair and maintenance of the Cemetery, and authorize the City Manager to execute the same
on behalf of the City.
The City was approached by members of the Cemetery Association and the community about taking over the operation
of Oakwood Cemetery from the Oakwood Cemetery Association of Huntsville, Texas (the "Association'). Staff met with
representatives of the Association to discuss the terms of the takeover and the attached Agreement represents the outcome
of those negotiations. The Agreement provides that the Association will convey all of its assets to the City in return for the
City assuming the operation, ownership and maintenance of the Cemetery. Those assets include real property, personal
property, and approximately $417,000 in cash and liquid investments. The Association shall pay all of its outstanding
payables prior to conveying the assets to the City. The City has agreed to create an endowment fund in an amount not less
than $350,000 from the cash and investments turned over to the City. City shall use the balance of the cash to repair and
improve the Cemetery. The City is also agreeing to create a maintenance crew that will be dedicated towards the repair and
maintenance of the Cemetery; however, the current maintenance contractor will be given 60 days notice before its contract
is terminated. City also agrees to create an advisory board, or use a reconstituted board of directors of the Cemetery
Association, to assist in raising contributions for the cemetery endowment and capital improvements and to make other
recommendations to the City concerning cemetery matters.
Councilmember Rex made a motion to approve the Agreement with Oakwood Cemetery Association for the City to
receive the assets of the Cemetery and assume the ownership repair, and maintenance of the Cemetery , and authorize the
City Manager to execute the same on behalf of the City, and Councilmember Erb seconded the motion. The motion passed
unanimously.
3. Consider adoption of Resolution 2001 -10 -09.2, authorizing and approving the creation of the Raven Hills Higher
Education Corporation (RHHEC) approving the articles of incorporation and initial bylaws and containing other
provisions relating to the subject. '
The City of Huntsville has been approached by officials with the Texas State University System (TSUS) concerning the
creation of a Higher Education Corporation (HEC) which would authorize the issuance of tax - exempt debt for the construction
of student housing on the campus of SHSU and other colleges within the TSUS as well as potentially other public universities
within this State. Locally this would assist Sam Houston State University( SHSU) in its quest to upgrade the dormitory space
and allow for growth in the student enrollment at the University in the coming years. With the recent adoption of the SHSU
master plan, the creation of additional student housing was considered a top priority. The creation of a HEC must be done
i
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CITY COUNCIL MEETING OF OCTOBER 9, 2001 BOOK "S" 353
i by a unit of local govt, e.g., a city or county. Officials at the TSUS felt strongly that they wanted a city that had a member
of the TSUS to do this in order to provide a stronger relationship between that community and the TSUS.
The costs of the creation of the HEC and the ongoing support will be borne by the TSUS. No liability will accrue to the
city. In order to maintain a good arms - length relationship, it is important not to name the HEC with the name of the creating
entity in it, hence we have named this the Raven Hills Higher Education Corporation (RHHEC) as opposed to the Huntsville
i Higher Education Corporation. Assets that are constructed with the proceeds of the debt serve as a security for the debt,
therefore, the financial responsibility does not fall back on the City for repayment. City staff will provide some coordination
locally, and there is a requirement that the city be notified 30 days prior to any issuance of any debt. This allows the City to
,Imonitor the activity and yet not within the approval process.
II Councilmember Howard made a motion to Adopt Resolution 2001 -10 -09.2 authorizing and approvinq the creation of
'! the Raven Hills Higher Education Corporation approving the articles of incorporation and initial by -laws and containing other
provisions relating to the subjects and Councilmember Rex seconded the motion. The motion passed unanimously.
4. Authorize the City Manager to enter into a contract with the University Heights Baptist Church in the relocation of an
existing 12" distribution and a 30" water supply line in an amount not to exceed $93,700.00 in exchange for an
easement reserve for future expansion and an equal participation in the construction cost by University Heights Baptist
Church.
The University Heights Baptist Church requested that the City of Huntsville relocate these two water lines to the new
boundary line of a recently purchased tract of land so that the Church can proceed with their proposed building
improvements. The church proposes to construct a new worship center and related facilities at an approximate value of $2
M on its present property.
The estimated cost to relocate both the 30" and 12" waterline is $187,400.00. The City would furnish the engineering,
design /construction surveying and the inspection with in -house personnel. It is proposed to split the construction cost (
$93,700 each) between the City and the church and the church would provide an 80' to 100' easement along its northern
boundary which would provide space for a future 30" feed into the Palm Street Plant. This access capability is critical for
Huntsville to supply future redundancy in its surface water supply system.
Councilmember Rex made a motion to Authorize the City Manaqer to enter into a contract with the University Heights
Baptist Church in the relocation of an existing 12" distribution and a 30" water supply line in an amount not to exceed
$93,700 dollars in exchange for an easement reserve for future expansion and an equal participation in the construction cost
by University Heights Baptist Church and Councilmember Howard seconded the motion. The motion passed unanimously.
5. Approve the First Amendment to Developer Agreement with West Hill Park Joint Ventures and authorize the City
Manager to sign the Amendment on behalf of the City.
On December 12, 2000, the City Council approved a developer contract with West Hill Park Joint Venture ("WHP ")(Tom
Curtis)and Home Depot to build a Home Depot store in Huntsville on a tract of land adjacent to the proposed Parkwood
Drive and Interstate Highway 45 West Feeder Road. The City Council approved a revision to the developer contract on
January 23, 2001. The original developer contract with WHP set out certain requirements relative to signage and driveway
access to Interstate Highway 45 West Feeder Road. Home Depot has now requested that the City allow two driveways on
to the West Feeder Road and an off - premise pole sign. City staff is agreeable to the same provided that the driveways serve
Lots 2, 3 and 4 (Home Depot will be on Lot 2 and other retail establishments will be constructed on Lots 3 and 4) and that
only one (1) off - premise pole sign be allowed and that it serve all the businesses located on Lots 2, 3 and 4. The pole sign
must meet City requirements in all other respects. The First Amendment attached hereto amends the sections of the
Developer Agreement dealing with driveways and signage to reflect these changes.
Councilmember Rex made a motion to Approve the First Amendment to Developer Agreement with West Hill Park Joint
Venture and authorize the City Manager to sign the Amendment on behalf of the City, and Councilmember Howard seconded
the motion. The motion passed unanimously.
6. Authorize the provision of notice to Walker County Commissioners Court and the Walker County Hospital District Board
of Directors concerning the intent to create a Tax Increment Funding (TIF) District #1 and authorize the staff to schedule
public hearings for its creation.
The City staff has been working with Concord Hospitality Enterprises Company to construct a Marriott Courtyard Hotel
and a Conference Center. The Conference Center is anticipated to be financed through a portion of the hotel occupancy
tax and with tax increment funds.
CITY COUNCIL MEETING OF OCTOBER 9 2001 BOOK S" 354
II Under State law, the City is required to give 60 -day notice to the County and Hospital District prior to creation of the
TIF District. City Council is asked to authorize this project to proceed by giving that notice. In discussions with those
entities, however, it has been stressed that prior to the incurrence of debt and moving forward with the project itself, ".
additional effort must be made on the anticipated build -out of the project. This time frame may take up to three (3) years
(� to track.
Consequently, the request to proceed at this point is to create the District only and not commit to the project itself until
further economic certainty has been achieved.
and the Walker County Hospital District Board of Directors concerning the intent to create a Tax Increment Funding District'i
#1 and authorize the staff to schedule public hearings for its creation and Councilmember Smith seconded the motion The',
motion passed UnanIR10USIV.
MAYORICITY MANAGER ACTIVITY REPORT
1. Approve reappointment of Lay Representatives Betty Nicolay and Margie Delbert to the Houston Area Library System.
Councilmember Howard made a motion to reappoint Betty Nicolav and Margie Delbert to the Houston Area Library
System Lay Representatives. and Councilmember Smith seconded the motion The motion passed unanimouslv.
2. Approve Resolution 2001 -10 -09.3, submitting nominees for the Walker County Appraisal Board of Directors.
Councilmember Rex made a motion to approve Resolution 2001 -10 -09.3 submitting nominees for the WCAD and
Councilmember Crawford seconded the motion. The motion passed unanimously.
3. Approve Ordinance 2001 -10 -09.3, establishing an Economic Development Council
On June 5, 2001, the City Council voted to establish the Economic Development Strategic Planning Task Force to '
develop a vision and mission statement and conduct a Strengths, Weaknesses, Opportunities and Threats analysis (SWOT)
about the community and begin developing goals /objectives and action items aimed at enhancing the local economy and
quality of life. After three meetings, the Task Force developed vision and mission statements and began creating a strategic
plan. This Economic Development Council will be the permanent body to assist with self- assessment, planning and
enhancement of the local economy and quality of life.
Councilmember Howard made a motion to approve Ordinance 2001 -10 -09.3 establishing an Economic Development z
Council and Councilmember Erb seconded the motion. The motion passed unanimously.
4. Approve appointments to the Huntsville Economic Development Council.
Councilmember Smith made a motion to appoint Charles Woodson, Mike Baker, Jack Olsta, Bill Hodges, Wendell''
Baker, Jr., Ed Sandhop, Bob Barragan, Ralph Beaty, Tom Fordyce, Charles Wagamon, Dee McFarland, Fred Rush and
Mayor Green to the Huntsville Economic Development Council, and Councilmember Erb seconded the motion. The motion
passed unanimously.
5. Consider approval for expenditure of funds in excess of $500.00 per Council Memberto enable attendance totheTexas
Municipal League Annual Conference to be held in Houston, Texas, from November 28 through December 1, 2001.
Councilmember Rex made a motion to approve the expenditure of funds in excess of $500.00 Der Councilmember to
enable attendance at the TML Annual Conference. and Councilmember Crawford seconded the motion. Themotion Dassed
unanimously
6. Consider appointments of Directors to the Raven Hills Higher Education Corporation.
Councilmember Rex made a motion to appoint Jane Monday. Bill Hodaes. Morris Waller. Bill Nash. Bobbv Marks. Ferol
Robinson, Jack Olsta, Robert McCann and Dan Davis to the Raven Hills Hiaher Education Corooration. and Councilmember
Crawford seconded the motion. The motion Passed unanimously.
7. Program /Project Status '
8. Future Events:
October 9, 2001, 1:00pm - Ribbon Cutting for the Veterans Memorial Parkway
October 23, 2001, 5:15pm - City Council Meeting
November 13, 2001, 5:15pm - City Council Meeting
CITY COUNCIL MEETING OF OCTOBER 9, 2001
BOOK'S" 355
EXECUTIVE SESSION [6:41p.m. - 6:45 p.m.]
The City Council conducted a closed session under Texas Government Code, Chapter 551, for the following matter:
Discussion of authorization for the City Attorney to provide the legal steps necessary to gain access to the 291.38 -acre
tract situated in the Lewis Cox League as tract #13, also described as tax ID# 0013 - 125-0- 00210, for the purpose of
collecting survey, archeological and environmental data in order to determine a routing for proposed wastewater lines.
j RECONVENE [6:50 p.m.]
Councilmember Rex made a motion to approve authorization for the City Attorney to provide the legal steps necessary
to gain access to the 291.38-acre tract situated in the Lewis Cox League as tract #13 also described as tax ID# 0013- 125 -0-
00210 for the purpose of collecting survey, archeological and environmental data in order to determine a routing for
proposed wastewater lines and Councilmember Smith seconded the motion. The motion passed unanimously. NOTE:
Councilmembers Davis, Martinez and Crawford absent.
ADJOURNMENT [6:55 p.m.]
Danna Welter, City Secretary
I