MIN CC 01/21/2003�I
CITY COUNCIL MEETING OF JANUARY 21, 2003 BOOK "T" 5
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF JANUARY, 2003, IN THE CITY
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:.
COUNCILMEMBERS: Mark Erb OFFICERS:
William B. Green, Mayor John Escobedo Bob Hart, City Manager
Jack Choate Vance Howard Paul Isham, City Attorney
Gary Crawford Judy Kayse Danna Welter, City Secretary
Ralph A. Davis, Jr. Steed Smith
CALL TO ORDER [5:15 p.m.]
Mayor Green called the meeting to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
City Manager Bob Hart led the invocation.
PUBLIC COMMENTS
1. Dan Phillips. Mr. Phillips thanked the City for their recycling efforts in the area of the warehouse for used building
materials, as it will be a plus to the non - profit agencies.
2. John Strickland, 1913 Avenue P. Mr. Strickland inquired as to whythe waterwell is not a part of the total package forthe
golf course, stating that the City should not 'lake back" the well if the University does not
3. Bonnie Strub. Ms. Strub voiced concern over the golf course and suggested ideas on how to make it more productive,
especially to see a future rebate on water bills.
4. Bob Sablatura. Editor /Publisherofthe Huntsville Observer. Mr. Sablatura asked about the release of public Information
and the right of Huntsville residents to know what Council is considering in advance of actions at Council meetings,
stating that issues /items are not presented to citizens with enough time to research them.
5. Karl Davidson President of Citizens for Open Government. Mr. Davidson spoke against the proposed water line
extension on FM 1791, stating that it may be only to the benefit of an outside developer, the proposed asset
management software purchase, stating that it was too complex and costly for our City; and the golf course waterwell,
stating that moving the water well is a veiled attempt at deception.
6. Charles Smither, Jr. Mr. Smither stated it would be a great help if committee members' names are listed on regular
agenda meeting notices for all boards /commissions; and inquired whether the software lease- purchase has an option for
annual renewal.
7. Jan Hall. Ms. Hall voiced concern over her water bill.
CONSENT AGENDA
1. Approve the minutes of January 6 and 7, 2003 City Council meetings.
2. Approve the purchase of miscellaneous pipe and accessories for the FM 1791 8" utility construction project from Rural
Pipe and Supply in the amount of $97,982.50 to be funded from budgeted funds.
3. Approve Resolution 2003 -01 -21.1, authorizing the City to submit an application for a general purpose Foreign Trade
Zone at a cost not to exceed $6,600 to be funded from budgeted funds.
4. Ratify the lease of rooftop site for communication facilities with First National Bank.
5. Authorize the City Manager to enter into a contract with J & M Contracting Co. for construction of the recycling drop -off
center and the storage shed in an amount of $139,000 to be funded from a Solid Waste Management Grant from H-
GAC.
6. Authorize the City Manager to enter into a contract with Ash & Browne Engineering, Inc. in the amount of $146,000 for
the design of water and wastewater services to the Highway 75 South Industrial Site, to be funded from budgeted funds.
2. Approve the purchase of miscellaneous pipe and accessories for the FM 1791 8" utility construction projectfrom Rural
Pipe and Supply in the amount of $97,982.50 to be funded from budgeted funds.
This water line will provide water to all properties along the newly constructed FM 1791 N. Highway and tie the
existing 12 -inch water line on IH -45 to the existing 12 inch water line on Highway30 West. It will also help correct some
pressure and volume problems that have existed on the west side of IH-45 for many years.
Councilmember Davis made a motion to approve the ourchase of miscellaneous pipe and accessories forthe FM
17918" utility construction pro act from Rural Pipe and Suooly in the amount of $97.982.50 to be funded from budgeted
funds and Councilmember Smith seconded the motion. The motion passed unanimously.
CITY COUNCIL MEETING OF JANUARY 21, 2003 BOOK "T"
3. Approve Resolution 2003 -01 -21.1, authorizing the City to submit an application for a general purpose Foreign Trade
Zone at a cost not to exceed $6,600 to be funded from budgeted funds.
Foreign Trade Zones (FTZS) provide tax breaks, reduction or elimination of customs duties, and offer other cost -
saving benefits to companies engaging in international trade. Companies are able to import goods into the FTZs and
are not required to pay customs duties on these goods if they re -export them overseas. If the goods are shipped into the
U.S. domestic market, the companies have an opportunity to pay lower duty rates or at least delay these fees until the
goods are actually put into the U.S. market. Furthermore, no duties are awed on overhead, labor, or other casts
attributed to production within an FTZ. These incentives enable U.S. companies to remain in the U.S. and keep their
production costs at a rate comparable to that of work performed overseas.
6. Authorize the City Manager to enter into a contract with Ash & Browne Engineering, Inc. in the amount of $146,000 for
the design of water and wastewater services to the Highway 75 South Industrial Site, to be funded from budgeted funds. !
Gardner -Glass has approached the City for the extension ofwastewater service in order to continue operations and j'.
meet TECQ requirements and allow for expansion of their facilities in the future. The wastewater extension will allow the �'..
retention of existing businesses and jobs in the community.
Additionally, after reviewing our pre - application, the U.S. Department of Commerce — Economic Development
Administration (EDA) invited the City to apply for a federal grant in the amount of $ 1,000,000 dollars to assist with "
infrastructure i mprovements to the a rea that will b e d eveloped as an industrial park on Highway 75 South. The !!.
improvements will consist of extending water and wastewater service to three existing businesses in the area as well as
the future industrial park. The grant application was completed and submitted to the EDA on January 6' ", and we expect
to be notified as to the approval status around the 1" of March.
Councilmember Davis made a motion to authorize the City Manager to enter into a contract with Ash & Browne
Engineering Inc. in the amount of $146,000 for the design of water and wastewater services to the Highway 75 South
Industrial Site to be funded from budgeted funds: and Council member Smith seconded the motion. The motion passed
unanimously. '
STATUTORY AGENDA
1. Adopt Ordinance 2003 -01 -21.1, redistricting Council wards by the addition and deletion of certain properties.
The US Department of Justice requires that all political wards be equally represented according to population and
race. The recent annexation of land to the City requires that the City of Huntsville examine and realign its Wards to
achieve legal compliance. Adjustments to Ward boundaries were made to compensate for changes in the eligible
population and therefore brought all Wards into equilibrium. The US Census Bureau and the Texas State Data Center i,
provided the raw data and maps for this process.
Data from the US Census Bureau and the Texas State Data Center was used to first calculate the current�!,
population by "Census tract" and "Census block ". The County has 8 Census tracts, 7901, 7902, 7903, 7904, 7905, 7906,
7907, 7908 and hundreds of Census blocks. A Census block is the smallest unit of measurement that the Census it
Bureau uses. Data from the blocks were processed to determine the "eligible" population. Information on race is also j
required and was tabulated into 8 ethnic groups. TDCJ inmates are not considered "eligible" and are therefore not
included in the process. The population of each ward was calculated at the block level. The "Ideal population" for each !i
Ward was determined to be 6607. Federal law allows for a deviation of 5 %+/- for each ward. Adjustments, the j'..
reassignment of certain blocks from one Ward to another, were made to achieve the legal and equal distribution of the j I
population. Minimal changes were made to existing Wards with Ward 3 receiving no changes.
Mayor Green requested that as few changes as possible be made so persons can go to their'usual'voting booths
and to keep Ward lines along recognized streets. Mr. Murray suggested a few changes to alter the proposed Ward lines
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along the more original Ward lines and stay on 19" Street with moving only two apartment complexes, keeping the lines
as original as possible and staying along main, recognized routes, such as 19'" Street.
2. Authorize the City Manager to execute a contract with Government Capital for the financing of asset management and
finance software packages for a six -year period, 4.10% rate with a monthly payment of $16,867.71.
City staff introduced software packages and their total cost of $1,068,000.000 to Council at the December 17"
meeting. As requested, financing offers for the purchase of the software were received through the Request for Proposal
process. City specifications requested each vendor provide their interest rate to finance $1,068,000.00 for a six and eight
year period, and provide an amortization schedule for the six and eight year periods to include monthly payments and
annual payments. Five proposals were received and evaluated. Proposal tabulations are as follows:
— CITY COUNCIL MEETING OF JANUARY 21 2003 BOOK "T" - —
I: Vendor Contract Years Monthly Payment
Financing Rate
Government Capital
6years
$16,867.71/mo
4.10%
'
8 years
$13,251.91/mo
4.3%
Municipal Services
5 years
$19,789.57/mo
4.25%
6 years
$16,976.66/mo
4.28%
Municipal Markets
5 years
$20,202.00/mo
4.375%
Diversified Lenders
6 years
$17,902.46/mo
6.25%
8 years
$14,495.00/mo
6.75%
3.
Escobedo voting against.
Authorize the city staff to proceed with the solicitation of qualifications related to the construction of the fire station under
the design -build concept and to authorize Glenn E. Isbell, P.E. as the designated project representative for the City
pursuant to the requirements of the design -build laws.
A 5.19 -acre tract has been acquired at the intersection of Veteran's Memorial Drive and Daisy Lane for the
construction of the fire station. The design -build process allows the City to select and negotiate a contract, forfuture city
council approval, with a firm that has both the design and construction capabilities for the fire station. The RFQ is
soliciting qualifications from firms which have demonstrated this capability in the past related to fire station construction.
Councilmember Erb made a motion to authorize the city staff to proceed with the solicitation of Qualifications
related to the construction of the fire station under the design -build concept and to authorize Glenn E. Isbell, P.E. as the
desiq nated proiect representative for the City pursuant to the requirements of the design-build laws andCouncilmember
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Crawford seconded the motion. The motion passed unanimously.
4.
Approve transfer of the ownership of the water well and access road to the Water Department and reimburse the Golf
CIP fund $584,901.94, which will be funded from the Water CIP, with the condition that Raven Nest will then pay for the
water use at an amount sufficient to repay the debt, interest and operation & maintenance of the well over a twenty-year
period; and approve Change Order #A -8 to increase the original contract amount and authorize the payment to Duininck
Bros., Inc. in the amount of $441,230.42 to be funded from the Golf CIP.
In orderto make funds available forthe paymentof the Duininck Bros., Inc. contract and complete construction of
the course, including the clubhouse, the following recommendations are made:
1. The original funding plan for the golf course was to have the water fund pay for the well in the event SHSU
terminated the land lease for the golf course. If that should occur, the well could be easily modified and converted to the
public water supply system. The water well was incorrectly posted to the golf course fund rather than the water fund and
must be reversed. In order to maintain a clear audit trail, it is recommended that Council authorize the transfer of
ownership of the water well and access road to the Water Department and reimburse the Golf CIP fund $584,901.94,
which will be funded from the Water CIP, rather than a staff - generated journal entry. In the meantime, Raven Nest will
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pay for water use at an amount sufficient to repay the debt, interest and operation & maintenance of the well over a
twenty year period.
2. Approve Change Order #A -8 to increase the original contract amount and authorize the paymentto Duininck
Bros., Inc. in the amount of $441,230.42 to be funded from the Golf CIP.
The golf course, as of June 24", was postured to open in the fall, as planned, barring abnormal weather or difficulty
with grow -in. In general, there was extremely abnormal weather and there were difficulties with the grow -in. One
important thing to understand is that a golf course is alive and if it cannot be maintained during the grow -in itwill continue
to evolve in a direction that makes completion of grow -in more difficult. For instance, if a bunker is not maintained after it
is built, it will deteriorate, becoming overcome with weeds and turf grasses and you will find the slopes in the bunker
eroded and in need of reconstruction. If turf areas are not mown, weeds will develop that block sunlight where it is
needed and the weeds will compete for the water and nutrients that we would rather have the turf grass take in — all of
which will not only slow development of the turf grass, it will lead to a regression of turf coverage and quality.
It is inevitable in a normal grow -in to have washout from rain or the occasional over watered area. These need to
be fixed in a timely manner so that they do not worsen and become major projects. If catastrophic events -such as short
heavy rains -occur, washout repair can take on a life of its own, requiring an adjustment of the grow -in tactics within the
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given area. Wash out repair should always involve some form of re- grassing, preferably sodding the starting points of
the wash out and installing additional controls such as hay bales or silt fences. Wash out repair is most effective when
the soil is properly dried out.
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Because of the lack of attention that could be paid to wash out areas and due to heavy rains that fell on the site in
late June & July, washout on the course became a severe problem. The City simply did not have the machinery or the
manpower to deal with it. If these areas were ignored, repair would have become even more difficult and the quality of
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the finished product would have deteriorated. If the quality was to remain intact and the course was to have any chance
of opening in the fall, the problems would have to be addressed immediately. Because Duininck Bros. had the
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machinery and the experienced manpower on site to address the issue, the City requested their help. While other
CITY COUNCIL MEETING OF JANUARY 21, 2003 BOOK "T'
5.
weather related problems would further delay progress, it is the work that Duininck did to repair weather related damage H
that will probably allow the course to open in the spring of this year rather than at the end of next summer. Had this ! i
repair work not been done in July and August, the repaired areas would not have had time to recover; repair and
completion would have needed next summer's growing conditions to allowfor playable turf throughoutthe entire course.
Duininck estimated approximately four weeks to address the issue at abase cost of $25,000 to $30,000 per week. It is !
important to note that a large part of the washout was due to rain that was well above average and in some cases was!
considered record rainfall amounts forgiven periods. Timing was also a contributing factor - had these abnormal rains'!
occurred just a couple of weeks later, more of the turf would have been established and the damage would have been
less severe.
By the first of August, progress on the course was very fa r behind with both typical repetitive grow -in tactics and the
maintenance of other elements, especially the sand bunkers. The rain had created smaller and smaller windows of:i
opportunity to attack the issues that needed addressing, and with the limited personnel and machinery situation, there', I
was not enough fire power to finish all that needed to be done in those windows. As a result, the course was in a state of ',',
decline. Areas of turf that should have had no problem being ready to play by the fall were now, in some cases, worse'':
off than when they were turned over by Duininck Bros. Entire fairways were knee deep in weeds. Numerous sand:
bunkers had not been maintained at all, resulting in useless sand, clogged drains, and sub grade soil faces that had
eroded to the point they were now too steep to hold sand even with the only water coming from irrigation. Once again,
Duininck's help was requested. Their crew for our project was supposed to begin a project in New Orleans, which, also
due to rain, was on hold. By the first of August, Duininck was near completing the washout repair. Knowing that Ron
Matthews with Duininck had previously grown -in a number of golf course projects, he and some of the crew were asked
to stay and assist. Because of the delays in New Orleans, he said they could. City staff involved in the project and the
course's architect agreed that the course stood no chance to open in the fall and probably would not open until the end of
next summer unless something was done immediately to address the problems and reverse the decline.
Duininck continued to work on the course through August and September, with the understanding that they would
receive the same base rate of $25,000 to $30,000. By the time Duininck left, the problems caused by the summer rains':
had been addressed and things were pretty much under control. At that time, although the course was not ready to !!
handle regular public play, there was a potential opportunity to open the course to irregular play and the occasional i
outing during the winter months. Had October been a month with growing conditions that would have been possible. :
But that was not to be the case. From the last week of September to the last week of October, Huntsville 1'
experienced in the neighborhood of 36" of rain. Since 1980, the most rain Huntsville had seen in October had been
15.94" and had seen as little as .47'. This year rain was more than double the previous high since 1980. While a good
bit of turf grass had made great strides, there were still areas to repair after the rains of October, primarily silt build up !,
and sand bunkers. Assuming these areas are addressed, the course should be ready to open to full public play in April.
In conclusion, Duininck's crews worked over 6,000 man -hours within a 14 -week period. In addition to these costs,
Duininck rented equipment to the City and provided some materials such as sand and grass. At first glance, these':'.
changes might appear excessive, however 14 of the 18 holes and the practice facility required reconstruction and re -'i .
sprigging of grass. The amount of overtime needed to accomplish several months' worth of work in a few short weeks !i
was necessary and reasonable in order to preserve the City's property. Had Duininck not been available to assist our
staff with experienced manpower and equipment, the opening of Raven Nest would have been delayed until the fall of
2003.
City Manager BobHart explained the rate meth
with Mayor Green that the portion of this item dealing
agenda; Mayor Green concurred.
for calculating utility rates. Council member Davis clarified
water well ownership would be placed on the next Council
Approve expenditure of travel funds (registration, hotel, meals, transportation) per Councilmember to attend the TML
Legislative Briefing in Austin on February 10, 2003, and the National League of Cities Congressional Cities Conference
in Washington, DC on March 7 -11, 2003, to be funded from budgeted funds.
Section 14.11 of the City Charter states that a Councilmember shall not be entitled to reimbursements exceeding
$500 each for each fiscal year; however, it specifically provides that such limitations shall apply only to reimbursed
expenditures and shall not restrict or limit the authority of Council to authorize expenditures bya Councilmemberfor such
purposes in excess of such amounts prior to the time such expenditures are made.
MAYOR/CITY MANAGER ACTIVITY REPORT
1. Mayor Board Appointments:
a) Appoint Andrew Martinez to the Parks and Recreation Advisory Board.
Councilmember Smith made a motion to appoint Andy Martinez to the Parks and Recreation Advisory Board:
and Councilmember Kayse seconded the motion. The motion passed unanimously.
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CITY COUNCIL MEETING OF JANUARY 21, 2003 BOOK "T" 9
b) Appoint city representatives to negotiate the Contract for Fire Services with Walker County.
Councilmember Kayse made a motion to appoint Mayor Bill Green and CouncilmemberlMavor Pro Tern
Vance Howard to negotiate the Walker County Fire Services Contract: and Councilmember Escobedo seconded
the motion The motion passed 8 -1 with Councilmember Choate abstaining.
2. City Manager Program /Project Status:
a) Set dale for ribbon cutting at Robinson Creek Wastewater Treatment Plant— 10:00am, Friday, February 14.
3. Future Events:
January 28 5:30- 7:OOpm
Boards and Commissions Reception
February 4 5:15pm
City Council Meeting — Call Election for May 3
February 7 -9
Association of Mayors, Councilmembers and Commissioners (Austin)
February 10
TML Legislative Briefing (Austin)
February 18 5:15pm
City Council Meeting
March 4 5:15pm
City Council Meeting
March 7 -11
NLC Congressional Conference (Washington, D.C.)
March 25 5:15pm
City Council Meeting
April 5:15pm
City Council Meeting
April 18
Good Friday— City Offices Closed
pril22 5:15pm
City Council Meeting
MEDIA INQUIRIES
Bob Sablatura of the Huntsville Observer asked Mr. Hart if the golf course would need an additional $850,000 loan if the water
well ownership is transferred? Mr. Hart responded yes, because of the uncollected revenues since the golf course opening has
been delayed.
ADJOURNMENT [8:10 p.m.]
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Steplia `rye Brim, Deputy City Secretary