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MIN CC 01/09/2001CITY COUNCIL MEETING OF JANUARY 9, 2001 BOOK "S" MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9TH DAY OF JANUARY 2001, IN THE CITY 'I 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: j COUNCILMEMBER: William B. Green, Mayor Mark Erb Officers: Ralph A. Davis, Jr. JoAnn Castilla Bob Hart, City Manager David Martinez Steed Smith Paul ]sham, City Attorney 'I Marjorie Rex Vance Howard Danna Welter, City Secretary Absent: Dave Luning CALL TO ORDER Mayor Green called the meeting to order. INVOCATION Invocation by Bob Hart, City Manager. PUBLIC COMMENTS 1. United Way Presentation. Johnnie Schmidt, United Way Chairperson, presented Gold Awards to the Police Department, City Hall, City Service Center and Library for outstanding contributions. 2. Charles Wood. Mr. Wood requested that City Council allow a variance to proceed with a fence project he started. The fence is inside the City's right -of -way. Mayor Green stated that City Council would schedule a work session to discuss policy issues related to this subject at the first meeting in February. 3. Charles Smither. Jr. Mr. Smither stated that he did not feel that the Golf Course contract should allow SHSU the 20 -year early termination provision. Mr. Smither also stated that he did not feel the burn ban ordinance was specific enough relating to burning regulations. 4. Tom Freeman. Mr. Freeman expressed his support for the proposal (ordinance) on the agenda to correct the problem related to designated mail delivery addresses on 11'" Street. '.j CONSENT AGENDA 1. Consider minutes of December 12, 2000. 2. Consider Resolution 2001 -01 -09.1 assigning the authorityto issue single familymortgage revenue bondsto WalkerCounty as a sponsoring political subdivision of the Southeast Texas Housing Finance Corporation. 3. Consider an additional allocation of $5,837.59, from the Council reserve for special projects to payforthe U.S. 190 coalition effort to upgrade the road to a four lane divided highway. 4. Approve the annual contract of Class B sludge removal from Enviroganics in the amount of $294.50 per load. Councilmember Rex made a motion to approve the consent agenda. and Councilmember Castilla seconded the motion. The motion passed unanimously. NOTE: Councilmember Luning absent. STATUTORY AGENDA 1. Approve the Commercial Ground Lease with SHSU for the golf course and golf course facilities, as presented by Paul Isham, City Attorney. Sam Houston State University ( "SHSU ") owns approximately 154 acres of land located on the west side of Interstate 45 in Huntsville, Texas, and issued a Request for Proposal, RFP# 753- 0- 014JGH for Lease of Land and Design, Construction and Operation of a 18 -Hole Golf Course and Golf Facilities (the "RFP "). City was the only entity to respond to the RFP and the City and SHSU have been negotiating the terms of the Commercial Ground Lease (the `Lease ") since the receipt of the City's ' proposal. The Lease requires the City to construct, maintain and operate a golf course on the leased premises. The Lease is for a '.i 32 -year period and requires the City to pay an annual Lease payment of $40,000 plus two percent (2 %) of gross revenues from green fees above $750,000 per year. SHSU may exercise a "buy -back" provision on the leased premises after 20 years provided that it give a years notice of its intent. Councilmember Howard made a motion to approve the commercial ground lease with SHSU forthe golf course and golf course facilities and Councilmember Erb seconded the motion. The motion passed unanimously. 307 CITY COUNCIL MEETING OF JANUARY 9, 2001 BOOK "S" 308 2. Consider Ordinance 2001 -01 -09.1 adopting address changes for a portion of 11'" Street, as presented by Glenn Isbell, Director of Planning and Community Development. Glenn Isbell stated that Glenn Herrod came into the office informing staff that there was a duplication in the address that he i- is using. Mr. Herrod has had the address of 171711 to Street since August of 1978 and has used the address for the suites that! r. he rents out. In Mr. Herrod's building there are currently five (5) businesses using 1717 11'" Street, Suite 101, 102, etc. and one (1) business with an address of 1719 - 11 '" Street. The other business that is using the same address of 1717 - 111" Street is the Sunshine Washateria with Freeman's office located behind the washateria having an address of 1717A. It is our understanding that the washateria used a P.O. Box in the past and the problem only came to light when they converted from a P.O. Box to a physical address. As perthe attached map, the address assigned to Sunshine Washateria was 1717 and was done so off of the old address ',11 . map which also reflected that Glenn Herrod's building was 1719. Mr. Herrod's address of 1717- 11" Street is within the building that is currently addressed as 1719 -11'" Street, which is the Rent -A- Center. Current addressing procedure is to assign each individual building a number and all offices or suiteswithin that building a designated alpha or numerical letter i.e. 1717A or 1717, Suite 101. Staff recommends that the following addresses are changed to conform with the emergency addresses as follows: Blue Chip 1717 11th Street, Suite No. 101 1719 11th Street, Suite No. 101 Pet Paradise 1717 11th Street, Suite No. 102 1719 11th Street, Suite No. 102 Hauser Orthotics 1717 11th Street, Suite No. 103 1719 11th Street, Suite No. 103 and Prosthetics Glenn Harrod 1717 11th Street, Suite No. 104 1719 11th Street, Suite No. 104 Tax Express 1717 11th Street, Suite No. 105 1719 11th Street, Suite No. 105 Councilmember Rex made a motion to approve Ordinance 2001-01-09.1 adopting address changes for a portion of 11'" Street and Councilmember Castille seconded the motion The motion passed unanimously. 3. Approve participation in the extension of sanitary sewer lines for the Michael K. Lambright 0.89 acre tract located on Hwy. 30 East at a cost to the City of $12,547.50, to be funded from wastewater reserved for future allocation, as presented by Glenn Isbell. Michael K. Lambright has recently purchased a 0.89 acre tract of land located on the west side of Hwy. 30 East. Mr. Lambright proposes to place a manufactured home on the tractwhich is undeveloped. The parcel has access to public water byway of a 12" waterline located along the east right of wayof Hwy. 30 East. Sanitary sewer access is located approximately 'C 115'north of the northwest corner of the property and across the highway. The extension of the sewerwould require the boring of the highway and the extension of approximately 115' of sanitary sewer. Extension of the sewer line to the borders of the development as required by Section 902.2 of the Development will not be required. The adjoining property is to be serviced as part of the system being constructed for the Fish Hatchery Sewer Project. - Staff recommends that City Council approve the participation for the extension of a 6" sanitary sewer line. The city will pay the cost of boring Hwy. 30 East, $9090.00, and approximately %of the total estimated cost of $6,915 of the project ($3,457.50) and the developer will pay the remainder, $3,457.50. Councilmember Rex made a motion to approve participation in the extension of sanitary sewer lines for the Michael K '.I Lambright 0.89 acre tract located on Hwy. 30 East at a cost to the City of $12,547.50, and Councilmember Howard seconded the motion. The motion passed unanimously. 4. Consider Ordinance 2001 -01 -09.2 requiring permits for burning within the City and implementation of bum bans, as 'I presented by Tom Grisham, Fire Chief. The City has assumed thatwhen the County Judge implemented a burn ban, it also applied to burning within the City limits. However, the County Judge only has authority to implement burn bans in the unincorporated areas of the County. The amendments to the City's Code regulations on burning will require a permit to bum within the City limits and will also ban burning if (1) the County Judge implements a bum ban in the unincorporated areas of the County or (2) the Fire Chief determines that a safety risk exists within the City limits and declares a burn ban for the City. The amendments also require that all non - residential burning comply with TNRCC rules and regulations. I CITY COUNCIL MEETING OF JANUARY 9, 2001_ BOOK "S - 309 - -- - 1� Councilmember Erb made a motion to approve Ordinance No 2001-01-09.2 reouiring Permits for burning within the City I+ and implementation of burn bans and Councilmember Rex seconded the motion The motion Passed unanimously. 11 i j; 5. Consider approval oflnterlocal Agreement and Service AgreementwithBrazosTmnsit District inanamountof $21,000,as ,l budgeted, as presented by J. D. Schindler, Director of Community Services. 'I Councilmember Castile made a motion to approve an interlocal agreement and service agreement with Brazos Transit District in an amount of $21,000, as budgeted and Councilmember Rex seconded the motion The motion passedI, unanimously. '� II MAYOR ACTIVITY REPORT II 1. Consider reappointment of Jim Kreier and an employee representative to the Employees Medical Health Plan Board of Trustees. Councilmember Castilla made a motion to reappoint Jim Kreier and appoint Joey Pavlock (employee representative) to the Employees Medical Health Plan Board of Trustees and Councilmember Howard seconded the motion. The motion passed unanimously. 2. Information - City awarded $30,000 in Outdoor Outreach Grant by Texas Parks & Wildlife. CITY MANAGER REPORT 1. Update on SHSU Activities; 2. Update on Golf Course project; and 3. Update of Capital Projects. CITY COUNCILMEMBER REPORT 1. Update on H -GAC matters that affect the City of Huntsville, as presented by Councilmember Smith. Councilmember Smith stated that as representative on Houston - Galveston Area Council, the issue of cooperative purchasing of electric power has become an issue. H -GAC is proposing to expand into the cooperative purchasing of electnc power for local governments. He asked that Council look at this issue and let him know their thoughts. EXECUTIVE SESSION [6:16 p.m. - 7:40 p.m.] The City Council met in a closed session under Texas Government Code, Chapter 551, for the following matters: a. Section 551.072 - to deliberate the purchase of real property with regard to 1) right -of -way acquisition for Eastham- Thomason Park; b. Section 551.086 - to discuss financial and other incentives with regard to the development of a hotel /conference center :j adjacent to the golf course; and c. Section 551.074 - to discuss personnel issue with City Manager. RECONVENE [7:40 p.m.] Consider authorizing the City Manager to execute a letter of intent with Concord Hospitality Enterprises Company for construction of a hotel /conference center in conjunction with the golf course. Councilmember Smith made a motion to authorize the City Manager to execute a letter of intent with Concord Hospitality Enterprises Company for the development of a Courtyard by Marriott Hotel and conference center, and Councilmember Howard seconded the motion. The motion passed unanimously. ADJOURNMENT [7:42 P.M.] / / o i Danna Welter, City Secretary i