MIN CC 11/11/2003CITY COUNCIL MEETING OF NOVEMBER 11, 2003 BOOK T' 81
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liMI N UTES OF THE HU NTSVILLE CITY COUNCIL MEETING HELD ON THE 11 TH DAY OF NOVEMBER, 2003, IN THE CITY
Il HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M.
,j The Council met in a regular session with the following members present:
COUNCILMEMBERS: OFFICERS:
Karl Davidson, Mayor Steed Smith Paul C. Isham, Acting City Manager
j�Jack Choate Bob Tavenner Donna Welter, City Secretary
Vance Howard Jim Willett
Judy Kayse Mac Woodward
ABSENT: Gary Crawford
EXECUTIVE SESSION [4:05 -5:00 p.m.]
The City Council conducted a closed session under Texas Government Code, Chapter 551 to Meet with Chris Hartung of
Waters Consulting Group to deliberate the City Manager search (Section 551.074).
WORK SESSION [5:10 -5:50 p.m.]
The City Council conducted a work session to discuss the proposed groundwater study; and issuance of Certificates of
Obligation for the Fire Station, Fire Equipment and Wynne Home.
CALL TO ORDER [6:00 p.m.]
Mayor Davidson 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. A moment of silence was observed in remembrance
' of veterans.
PRESENTATIONS
Mayor Davidson read two proclamations, proclaiming the month of November as Home Care Month and the week of
November 18 — December 1 as "Click It or Ticket" program awareness week.
PUBLIC HEARING on the PROPOSED TAX INCREMENT REINVESTMENT ZONE (TIRZ)
1. Charles Smither, Jr. Mr. Smither stated the appropriate information was not available in a timely manner for those
interested in reviewing the details of this project. He also requested scheduling another public hearing. Mayor Davidson
announced he would be scheduling another work session on this topic next week. C ouncilmember W oodward
suggested adding public comments to that work session as well.
2. Bill Calderon. Mr. Calderon stated his background and credentials as a principal with Hawes -Hill, the Houston -based
firm. He also explained the basic principles behind developing a tax increment reinvestment zone, and the various
methods the City could use to develop blighted, declining or underdeveloped areas, and answered questions from City
Councilmembers.
PUBLIC COMMENTS
1. Dan Phillips. Mr. Phillips plugged the Trash into Plowshares program, where materials can be reused for home repair,
etc., instead of being thrown into the landfill. He also announced the next step is to start is a Saturday morning initiative
whereby small teams use the TIP treasures to perform repair work around the community. Mr. Phillips also spoke in
favor of the Wynne Home restoration.
2. Darrell Hall. Mr. Hall spoke in opposition to the Wynne Home restoration project, stating that the lead paint abatement,
architectural fees, consultant fees, electrical costs, supplies, meals and refreshments for meetings,
securilyAightingl landscaping, moving and storage of furniture for FYs 1999 -2003 have an almost 50% cost overrun. He
stated this project is a money pit and will be a dead albatross for the Councilmembers to wear as they wear Raven Nest
Golf Course.
3. Margaret Smith. Ms. Smith spoke as a representative of the Huntsville Arts Commission in favor of the Wynne Home
Arts Center restoration project, stating this project would be a benefit to those in all stations of life.
4. Mary Frances Park. Dr. Park thanked the Council for their service to the community, and spoke in favor of the Wynne
Home Arts Center restoration project. When Council accepted the building, they also accepted an opportunity to use
the gift to serve our community in a way we currently do not have. Huntsville has a number of amenities such as
institutions of higher education, parks, etc. but we do not have a center at which to study or learn about art and culture.
5. Enedina Zaoatero. Ms. Zapatero requested that some action be taken to eliminate 18- wheelers from parking on the
street in front of their home, as a safety measure for the neighborhood children. She stated the street is privately owned
and the City is maintaining it. Mayor Davidson requested that Mr. Isham investigate and respond to her concerns.
6. Pam Markham. Ms. Markham, on behalf of the Walker County Historical Commission, spoke in favor of the Wynne
Home Arts Center restoration project, because the people of the City of Huntsville will watch the progress of the
CITY COUNCIL MEETING OF NOVEMBER 11, 2003 BOOK "T" 82
restoration and will look forward to the day it is available for special gatherings and occasions.
7. John Strickland. Mr. Strickland requested the City place an island on 120 Street (turning onto Sam Houston Avenue)to
help direct the traffic in the correct direction, as the current method is impossible to see and therefore is not effective.
He also requested that the Council look very closely at the TIRZ before making any decisions.
8. Brian Woodward. Mr. Woodward spoke in opposition to the issuance of the bonds for the Fire Station and Wynne Home,
and stated the agenda was put together sloppily with errors /misleading comments.
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CONSENT AGENDAi�
1. Approve the minutes of the September 16, October 7, and October 14 City Council meetings.
2. Approve the placement of City of Huntsville Parks and Recreation advertisement signs for our competitive youth
basketball program in street right -of -ways. (City Manager Paul (sham requested that this item be amended to also
include allowing the YMCA to place registration signs for their basketball program.)
3. Approve the renewal of the Brazos Transit agreement at a cost not to exceed $21,000 to be funded from budgeted funds.'
4. Authorize the Acting City Manager to enter into a contract with the low bidder of Texcon in an amount not to exceed
$51,421.25 for the construction of the Bearkat Blvd. water line extension to be funded from budgeted funds and
developer participation.
5. Authorize the City Manager to transfer title of a 0.21 -acre lot owned by the City of Huntsville to Habitat for Humanity for
the construction of a home.
6. Approve Resolution 2003 -11 -11.1, authorizing Paul Isham, Acting City Manager and Steve Ritter, Chief Accountant as a
signators on the 2003 TDCP grant # 723401.
7. Authorize the purchase of a 2004 Sterling LT 8500 chassis for a rear load refuse truck and a Pak -Mor high compact HFE
rear loader body for a total price of $95,495.00 through H -GAC and the Buy Board Cooperatives from funds budgeted in
the Capital Equipment Replacement Fund. !,
STATUTORY AGENDA
Approve Resolution 2003 -11 -11.2, authorizing Publication of Notice of Intention to Issue City of Huntsville, Texas,
Combined Tax and Revenue Certificates of Obligation, Series 2004, and other matters related thereto.
The City Council had a work session to discuss Fire Department issues and instructed staff to proceed with the
necessary paperwork to issue certificates of obligation to fund a new fire station, the quint truck, and to consider funding
a pumper for the Fire Department. In addition, the City has committed to provide $300,000 towards the renovation of the
Wynne Home. The funding for the Wynne Home is included in this issue although that portion of the issuance will be
paid with hotel /motel tax revenues.
The City has already adjusted the ad valorem tax rate to cover the issuance for a new fire station (approximately
$1.2 million including issuance costs), and the fire equipment debt can be covered without increasing the existing tax
rate. Staff recommends approval of the Resolution authorizing the publication of the notice and requests that Council
decide whether to fund the purchase of one fire truck, the quint, or two fire trucks.
Mr. Boyd London of First Southwest explained the benefits of combining the issuances in orderto reduce costs and
the accounting method whereby the two issues are kept separate. Mayor Davidson stated that he did not approve of
combining the two revenue sources —ad valorem taxes and hotel -motel taxes. He also stated that a petition drive would
be started if the issues were kept together (fire station and Wynne Home). Mr. London estimated that the City would
save $10,000- 12,000 if they were issued together.
Councilmember Woodward asked if the Council could get the money from a bank. Mr. London responded that the
Council could, but to be aware that the instrument needs to be lawful, and the City would need to borrow the funds
through a lease purchase agreement.
Mr. London assured the Mayor that the ordinance will identify how much money goes where, and it is considered
misappropriation of funds if one dollar over the allotted amount for the project is spent. Mayor Davidson stated if this
was stipulated, then he would have no problem with the ordinance, but also stated he would like to separate the issues.
The dollar amount was set at $2,250,000 to account for including the second piece of fire equipment, with the exact
figure including all expenses, be brought to the Council prior to the next meeting.
against.
2. Authorize the Acting City Manger to enter into a contract with First Southwest for disclosure services.
First Southwest Asset Management has performed this service for the City for the last five years. Estimated cost
per year for the next five years is $7,000.
Councilmember Kayse moved to authorize the Acting City Manger to enter into a contract with First Southwest for
disclosure services: and Councilmember Woodward seconded the motion The motion passed 8 -0
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CITY COUNCIL MEETING OF NOVEMBER 11, 2003 BOOK "T"
83
3. Authorize the Acting City Manger to enter into a contract with Stephens Construction Services in the amount of $654,900;
and authorize the Acting City Manger to enter into a contract with Lonnie Watson for lead paint abatement in the amount
of $68,100 for the Wynne Home restoration project.
In the spring of 1999, Samuella Wynne Palmer individually and as Trustee of the Ruth Wynne Hollinshead Trust,
donated the historic Wynne Home and 1.5 acres at 1428 111" Street to the City of Huntsville. Ms. Palmer gave the
property in memory of her parents, Gibbs Adair Wynne and Lela Mae (Brown) Wynne for use as a cultural activities
center for the citizens of Huntsville.
Today, a large and diverse group of community volunteers and City leaders are leading the way in adapting and
rehabilitating the home into a oneof -a -kind arts and community center according to the wishes of the Wynne families
and the expressed needs of the Huntsville community in several survey efforts.
On October 8, 2003, we provided the Houston Endowment, Inc. a listing of gifts and pledges totaling $201,421.68,
which meets the matching requirements of the grant. Since October 8, we have continued to receive donations and the
Wynne Home Teams are continuing to raise funds for the project.
Mr. Don Kraemer briefed the Council on the details of the fund raising portion of the project, and pledged on behalf
of the project committee members that they would raise the remaining funds needed to fulfill the contracts. Mr. Nash
also spoke to certain requirements of restoring /renovating this building.
4.
Authorize the Acting City Manger to execute a professional services contract with QUALTECH Environmental Services,
LCC, for the Wynne Home Project, at a cost not to exceed $10,000 to be funded from Wynne home funds.
The City of Huntsville has accepted the gift of the historic Wynne Home, 1428 11'" Street, from Samuella Palmer
and has agreed to rehabilitate and use the structure for cultural activities according to the terms of the gift deed.
QUALTECH Environmental Services, LLC, was selected upon the recommendation of Barry Wagner, Wagner &
Klein, to provide supervision, sampling and the final report and close out documents required for lead paint removal at
RECESS [8:00 -8:10 p.m.]
C1 Approve the renewal of the Brazos Transit agreement at a cost notto exceed $21,000 to befunded from budgeted funds.
The City entered into a 2 -year contract with the Brazos Transit District ( "BTD ") to provide a public transit system in
Huntsville at a maximum City cost of $21,000 peryear. The contract expires on August 31, 2003, and BTD has agreed
to extend the contract for another two-year period with no cost increase.
Councilmember Kayse moved to approve the renewal of the Brazos Transit agreement at a cost not to exceed
$21,000 to be funded from budgeted funds: and Councilmember Willett seconded the motion The motion passed 8 -0.
C7. Authorize the purchase of a 2004 Sterling LT 8500 chassis fora rear load refuse truck and a Pak -Mor high compact HFE
rear loader body fora total price of $95,495.00 through H -GAC and the Buy Board Cooperatives from funds budgeted in
the Capital Equipment Replacement Fund.
The Residential Collection Division requests authorization to purchase a 285 HP 2004 Sterling LT 8500 fora rear
load refuse truck in the amount of $67,705 from Houston Freightliner, an approved vendor for this productwith HGAC,
with a Pak -Mor High Compact HFE rear loader body in the amount of $37,790 from Pak -Mor Manufacturing, Co., the
approved vendorwith the Buy Board, while utilizing a trade -in of a 1995 LN 8000 Ford residential rear load refuse truck
for $10,000. The purchase of the vehicle will be charged out of the Capital Equipment Replacement Fund where
$100,000 was budgeted in FY 03/04.
5. Authorize the Acting City Manager to enter into an Engineering Contract with Klotz & Assoc. in an amount notto exceed
$100,000 from budgeted funds to prepare a feasibility study on the availability of groundwater as a municipal supply for
the City of Huntsville.
An engineering report has been prepared on the expansion of the TRA Surface Water Plant and facilities. The
referenced Groundwater Feasibility Study is the companion study that will provide the information necessary to review
groundwater alternatives and plan for Huntsville's future water supply needs in preparation of the FY 2004 — 2005
budget process.
Councilmember Kayse moved to table this item until a future meeting: and Councilmember Smith seconded the
motion. The motion to table passed 8 -0.
',', 6. Authorize the City Manager to move forward with the process of amending the Development Code to restrict the utility
CITY COUNCIL MEETING OF NOVEMBER 11, 2003 BOOK "T"
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construction along Veterans Memorial Parkway as outlined in the staff recommendations.
Development is starting to occur along Veterans Memorial Parkwayand utility extensions are developing to service
those areas. In order to preserve the aesthetics of the area, codes must be developed to restrict the use of overhead
utilities crossing the right -of -way. City Council work sessions were held on August 5, 2003 and September 16, 2003 in
which presentations by Entergy outlined the options available for the extension of electrical service. Those options are
Approve Ordinance 2003 -11 -11.1, authorizing the City Attorney to make an offer for the City of Huntsville for the
acquisition of certain interests in property that is required for public purpose (wastewater easements), directing the City
Attorney to institute condemnation proceedings in the event such offer is refused; providing for the filing of lis pendens
(Mary T. Clegg property).
Action on this item was delayed until after an executive session following the regular session
8. Instruct the Acting City Manager to authorize staff to prepare and resubmit Request for Qualifications for the design of -'
the proposed fire station and that the Selection Committee be composed as specified in staff recommendations.
In 2002, City Council approved the construction of Daisy Lane ($268,828) in exchange for a 5.19 -acre site for the f,
future construction site of the proposed Fire Station and authorized Ash & Browne to begin design on the new roadway.'..
On January 21, 2003, City Council authorized City staff to solicit Request for Qualifications for the design and
construction of the proposed fire station under the "Design/ Build" concept.
Request for Qualifications were received on February 21, 2003 and evaluated by City staff, Submitters were
notfied of Staff ranking and contract negotiations were finalized with the top ranked firm for submittal to City Council
In the interim, numerous work sessions related to the fire station were conducted and it was the consensus of
Council to abandon the `Design /Build" concept and to contract solely with an Architect for the design and to bid the j!
construction separately. The architect selected under the design build was notified verbally of council's decision.
The Professional and Consulting Services Act ( Chap. 2254, Texas Government Code) sets out the procedure for ,
selecting an architect, engineer or surveyor. The City created a problem for itself when it tried to shift from the Ij
design /build scenario to just hiring an architect because it can be argued that the provisions contained in Sec. 2254.004
have not been followed.
Council member Willett moved to table this item until a future meetino: there was no second to the motion Mayor '..
Davidson tagged this item.
a
10.
Approve Ordinance 2003 -11 -11.2, adopting the new title 16 "Cemeteries" to the code of ordinances, and establishing
policies and procedures for the cemeteries owned and operated by the City of Huntsville.
The City of Huntsville negotiated with the Oakwood Cemetery Association, and the City assumed operation and
maintenance of the Oakwood Cemetery in 2002. The Council appointed an advisory board to make recommendations
and to initiate fund raising for increasing the endowment fund. It was apparent from the beginning that rules and
guidelines were needed regarding cemetery plots. Policies needed to be established concerning flowers, fencing,
planting of shrubs, size of monuments, speed limits, transfer of lots, fees, and hours open to the public. The Cemetery
Advisory Board will reviewthese policies and procedures annuallyand make recommendations concerning any changes
that might need to be addressed.
Councilmember Woodward moved toaoorove Ordinance 2003 -11 -112 adopting the new title 16 "Cemeteries"to
the code of ordinances and establishing Policies and oroceduresforthe cemeteries owned and operated bv the Citvof I
Huntsville' and Councilmember Kayse seconded the motion The motion passed 8 -0
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Authorize the construction of the Emancipation Park restroom facility at a cost not to exceed $15,000, with funding to be
transferred from the unreserved general fund balance.
For several years the Citys Emancipation Park Basketball Court Pavilion has been in need of repairto correctthe �!
water drainage problems, surface conditions, and restroom facilities. The existing 60 ft x 125 ft concrete slab has been
capped with concrete to provide a water free and smooth surface to play on. The restroom that was on the slab did not
meet ADA standards and has been removed from the existing structure. The proposed facility will be rebuilt outside of !.
the basketball court slab.
This proposed project is to construct new restrooms in Emancipation Park using Huntsville High School Building
Trades students to build the facility. This project will consist of the students pouring a concrete slab, erecting a metal i!
building, and finishing out the interior of the building. The City will then contract with local plumbers and electricians to
complete the remainder of the building.
11. Authorize the Acting City Manager to enter into a contract with Richardson and Dunn, Inc. dba J &S Water Wells in an li
amount not to exceed $45,230.00 for repairs to Water Well Number 19 to be funded from budgeted water utility funds.
Water Well Number 19 is located in the Spring Lake Subdivision and is the primary source of water supply for the
Elkins and Spring Lake Area. The well was installed in 1970 and was last repaired in 1993. The last repairs included
the replacement of the pump and minor repairs to the shafting and pumping equipment. Because of its age and elapsed
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time since last repairs, Well No. 19 has been scheduled and funds budgeted for possible major replaoemen uring e
2003 — 2004 fiscal year.
The well's normal production rate is approximately 1,000 gallons per minute; however, recentlythe production has
dropped to less than 400 gallons per minute and vibration has been noted in the pumping equipment. A request for well
repair quotations was advertised for in the Huntsville Item and several well repair companies were contacted and sent
quotation forms.
Because a TV —Log report has not been conducted and exact quantities are not known, these bids do not include
the removal of the surface accumulation of food grade oil, which is used for oiling the pump. Staff have contacted the
low bidder and negotiated a maximum price of $650 based on an estimated 5 hours rig time at $125 per hour for oil
removal. Therefore the total low bid has been submitted by Richardson and Dunn, Inc. dba J &S Water Wells in the
amount of $44,580 plus $650 for oil removal or the sum of $45,230.
Our brief experience with J &S has been positive and their references checked the same.
12. Authorize the Acting City Manager to enter into a renewal agreement with eCivis in an amount not to exceed $7,200 for
on -line grant search, to be funded from unreserved general fund balance.
During the past fiscal year, the City's Grant Coordinator used eCivis' on -line grant search website to locate grants
for the City to apply for. The City has applied for and received $1,759,999 in grants with the assistance of eCivis in the
past year. The City also has pending $515,000 in grants. There have been 151 logins to the system, 668 grants
reviewed, 650 email alerts received, and an estimated 334 staff hours saved. In short, one grant received through this
search engine pays for the year's subscription.
The City has an unlimited number of access holders. Non -profit agencies are also referred to the City library where
they are have access to eCivis.
MAYORICOUNCILMEMBERICITY MANAGER REPORT
1. City Secretary Danna Welter asked that the Councilmembers advise her if there are conflicts with the calendar.
2. Acting City Manager Paul Isham reminded the Council of the Employee Award Luncheon and asked the Council to
consider meeting to consider approving a contract with HISD regarding the Structured Compliance Intervention Program
(SCIP).
3. Mayor Davidson scheduled a TIRZ work session and action item regarding the SCIP contract forthe following Mondayat
5:30pm.
MEDIA INQUIRIES
Tori Rowe of the Huntsville Item inquired as to the status of the City Manager search. Mayor Davidson responded
that interviews were being set up with a short list of qualified candidates who were to remain anonymous at this time.
EXECUTIVE SESSION [8:55 -9:04 p.m.]
The City Council conducted a closed session under Texas Government Code, Chapter 551, to discuss land acquisition
(Section 551.072).
RECONVENE [9:05 p.m.]
S7. Approve Ordinance 2003 -11 -11.1, authorizing the City Attorney to make an offer for the City of Huntsville for the
acquisition of certain interests in propertythat is required for public purpose (wastewater easements), directing the City
Attorney to institute condemnation proceedings in the event such offer is refused; providing for the filing of lis pendens
(Mary T. Clegg property).
Negotiations have been going on forsome time with Mrs. Clegg to no avail. It seems thatwe are at an impasse and
need to proceed with the next phase. This easement is required in order to construct a gravity sewer line and sanitary
sewer force main.
ADJOURNMENT [9:07 p.m.]
Danna Welter, City Secretary
CITY COUNCIL MEETING OF NOVEMBER 11 2003 BOOK T"
85
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time since last repairs, Well No. 19 has been scheduled and funds budgeted for possible major replaoemen uring e
2003 — 2004 fiscal year.
The well's normal production rate is approximately 1,000 gallons per minute; however, recentlythe production has
dropped to less than 400 gallons per minute and vibration has been noted in the pumping equipment. A request for well
repair quotations was advertised for in the Huntsville Item and several well repair companies were contacted and sent
quotation forms.
Because a TV —Log report has not been conducted and exact quantities are not known, these bids do not include
the removal of the surface accumulation of food grade oil, which is used for oiling the pump. Staff have contacted the
low bidder and negotiated a maximum price of $650 based on an estimated 5 hours rig time at $125 per hour for oil
removal. Therefore the total low bid has been submitted by Richardson and Dunn, Inc. dba J &S Water Wells in the
amount of $44,580 plus $650 for oil removal or the sum of $45,230.
Our brief experience with J &S has been positive and their references checked the same.
12. Authorize the Acting City Manager to enter into a renewal agreement with eCivis in an amount not to exceed $7,200 for
on -line grant search, to be funded from unreserved general fund balance.
During the past fiscal year, the City's Grant Coordinator used eCivis' on -line grant search website to locate grants
for the City to apply for. The City has applied for and received $1,759,999 in grants with the assistance of eCivis in the
past year. The City also has pending $515,000 in grants. There have been 151 logins to the system, 668 grants
reviewed, 650 email alerts received, and an estimated 334 staff hours saved. In short, one grant received through this
search engine pays for the year's subscription.
The City has an unlimited number of access holders. Non -profit agencies are also referred to the City library where
they are have access to eCivis.
MAYORICOUNCILMEMBERICITY MANAGER REPORT
1. City Secretary Danna Welter asked that the Councilmembers advise her if there are conflicts with the calendar.
2. Acting City Manager Paul Isham reminded the Council of the Employee Award Luncheon and asked the Council to
consider meeting to consider approving a contract with HISD regarding the Structured Compliance Intervention Program
(SCIP).
3. Mayor Davidson scheduled a TIRZ work session and action item regarding the SCIP contract forthe following Mondayat
5:30pm.
MEDIA INQUIRIES
Tori Rowe of the Huntsville Item inquired as to the status of the City Manager search. Mayor Davidson responded
that interviews were being set up with a short list of qualified candidates who were to remain anonymous at this time.
EXECUTIVE SESSION [8:55 -9:04 p.m.]
The City Council conducted a closed session under Texas Government Code, Chapter 551, to discuss land acquisition
(Section 551.072).
RECONVENE [9:05 p.m.]
S7. Approve Ordinance 2003 -11 -11.1, authorizing the City Attorney to make an offer for the City of Huntsville for the
acquisition of certain interests in propertythat is required for public purpose (wastewater easements), directing the City
Attorney to institute condemnation proceedings in the event such offer is refused; providing for the filing of lis pendens
(Mary T. Clegg property).
Negotiations have been going on forsome time with Mrs. Clegg to no avail. It seems thatwe are at an impasse and
need to proceed with the next phase. This easement is required in order to construct a gravity sewer line and sanitary
sewer force main.
ADJOURNMENT [9:07 p.m.]
Danna Welter, City Secretary