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MIN CC 03/20/2007CITY COUNCIL MEETING MARCH 20, 2007 BOOK 'X" 16 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20" DAY OF MARCH 2007, IN THE Cl 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 Mickey Evans Jim Willett Jack Choate Melissa Mahaffey Bob Tavenner Dalene Zender Mac Woodward Clarence Griffin Kevin Evans, City Manager Danna Welter, City Secretary Thomas Leeper, City Attorney WORK SESSION [5:00 p.m. —6:01 p.m.] a. Discussed Walker County Storm Shelter Project (presented by Andrew Isbell, Walker County Director of Planning Development; and It. Discussed conveyance of Avenue H and 91" Street lots for affordable housing purposes. CALL TO ORDER [6:05 p.m.] Mayor Turner called the meeting to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Councilmember Gdffin led the invocation. PUBLIC COMMENTS None. CONSENT AGENDA a. Consider minutes of March 6, 2007. [Danna Welter] b. Approve amended Joint Election Agreement. [Danna Welter] STATUTORY AGENDA a. Approve the pricing from Equipment Support Services in the amount of $62,293.71 for one Case 580 Super M backhoe, and to include the trade -in amount of $15,000 for a total purchase price of $47,293.71, to be funded from budgeted funds, as presented by Debby Mikulin, Purchasing Agent. A new backhoe loader was approved for purchase in the 06107 FY equipment replacement budget to be used by water maintenance /CIP crews. Pricing was obtained from Equipment Support Services, the Case contract vendor for HGAC. Purchasing utilizing the HGAC contract meets the bidding requirements mandated by the state of Texas. BID TABULATION: HGAC Pricing: 1- Case 580 Super M Loader Backhoe 90 hp, 4 wheel drive, ROPs cab - $62,293.71 ( $15,000.00) trade in amount $47,293.71 Equipment Support Services has inspected the City backhoe due for replacement and has offered a $15,000 trade in amount. FISCAL IMPACT or FUNDING SOURCE: 306 - 379 -69020 — Capital Equipment Replacement $50,000 budgeted amount b. Approve purchase a New Holland Tractor TC 30 in the amount of $10,966.79 in the place of the TC 25 for $9,747.87, to be funded from budgeted funds, as presented by Debby Mikulin. The City Council approved the purchase of a New Holland TC 25 tractor at the February 6, 2007 council meeting to replace a tractor that had been stolen from the Solid Waste Transfer Facility. Quotes were received in November of 2006 for a TC 25 tractor; that quote being $9,747.86. This tractor was ordered and was delivered the first week in March. After receipt of the tractor, it was discovered that the current TC 25 is not the same tractor as we already have in our fleet which is also a TC 25. A new quote was obtained from Lansdowne Moody meeting the specifications of the tractor in our fleet at the current time. The New Holland TC 30 replaces this TC 25 and the cost is $10,966.79. TABULATION AND STAFF RECOMMENDATION: It is staff's recommendation to accept the new pricing from Lansdowne Moody, the vendor for New Holland Equipment through the Houston Area Galveston Council — HGAC. �t- CITY COUNCIL MEETING MARCH 20, 2007 BOOK ;Y" 17 $10,000 was budgeted and approved for this purchase. It is recommended that the additional $966.79 be transferred from 224 - 374 -53100 (landfill maintenance costs) to the 306 - 379 -69020 equipment replacement fund to cover the difference in cost. FISCAL IMPACT or FUNDING SOURCE: Capital Equipment Fund — 306 - 379 -69020 — Budgeted amount - $10,000 Transfer of monies from the 224 - 374 -53100 ($966.79.) Councilmember Woodward made a motion to approve Purchase a New Holland Tractor TC 30 in the amount of $10,966.79 in the place of the TC 25 for $9,747.87, to be funded from budgeted funds and Councilmember Willett seconded the motion. The motion passed unanimously. C. Authorize the City Manager to execute the agreement with Huntsville Independent School District to administer and conduct the HEAP Program for the 2007 summer season at a cost not to exceed $28,000 to be funded from budgeted funds, as presented by Stephanie Brim, Director of Community Services. The City has contracted with HISD to administer the HEAP program since 1998. Team sports, mad science, arts, indoor games, music, and tennis are just a few of the activities from which the participants will be able to choose. Registration) numbers and the total cost the City has spent on the HEAP program over the last four years are: Year Participants City Cost 2003 455 $26,020 2004 394 $23,336 2005 328 $20,432 2006 371 $23,808 This item is to be presented to the Parks and Recreation Advisory Board meeting scheduled for March 19, 2007. The Board's input and /or recommendation(s) will be provided to the City Council as part of the staff presentation. FISCAL IMPACT /FUNDING SOURCE: Recreation Services funds are budgeted (101 - 421 - 55240) for an amount not to exceed$28,000 to administer and conduct the HEAP program. The proposed payment schedule is as follows: (1) By March 30, 2007, a payment of $6,000 for general operation expenses; and (2) At the conclusion of the HEAP Program, a payment of $48 per child per session participating in the HEAP program as invoiced by HISD to the City. Ms. Brim also read a letter to Council from John Fortner, Director of the HEAP program. Councilmember Zender made a motion to authorize the City Manager to execute the agreement with Huntsville Independent School District to administer and conduct the HEAP Program for the 2007 summer season at a cost not to exceed $28,000 to be funded from budgeted funds and Councilmember Mahaffey seconded the motion. The motion passed', unanimously. d. Authorize the City Manager to rescind the Amendment to the Memorandum of Lease dated April 2, 2002, and authorize the City Manager to execute the proposed renewal with Robert A. Josey Lodge, Inc. ( "Lodge ") for lease of the Thomas Henry Ball "Josey" Park at a cost not to exceed $3,500 annually for a period of three years, with two one -year renewal options, to be funded from budgeted funds, as presented by Stephanie Brim. The City of Huntsville and the Robert A. Josey Lodge, Inc. initially entered into an agreement on March 25, 1975, to provide the City with the opportunity to make long range plans for the development of Parks and Recreation Programs. The lease has been renewed every five years. The term of the proposed contract renewal is for the same period of five (5) years, with this lease commencing January 1, 2007, and terminating December 31, 2012. The City is asked to pay an annual rental fee of $3,500 per year for the five years of this renewal contract. The Lodge has increased their 'fee' an average of $250 per renewal term for the past few periods, or approximately $50 per year. Staff recommends one change to the proposal: to shorten the period to three (3) years in the initial contract, with two one -year renewal options, as opposed to the proposed five (5) year contract. If, during the course of the Huntsville Horizon Comprehensive Plan, City Council makes a decision regarding the status of leasing land for park or recreational use, or if the current landowners would prefer to utilize this land in a commercial venture, a shorter contract with renewal options would be beneficial to both interested parties. Additionally, in 2002, the Lodge requested approval of a revision to the contract, desiring to place a storage facility adjacent to the parking lot on Ave. M, on a portion of the property leased to the City of Huntsville but not actively being used in recreational activities. The storage facility will be an 84'X 25' metal building and will be used for storage by the Lions Club and the scouts. This storage facility was never built, and a rescinding to the amendment is sought as a housekeeping matter. The Lodge's letter rescinding the amendment is attached. This item is to be presented to the Parks and Recreation Advisory Board meeting scheduled for March 19, 2007. The Board''s , input and/or recommendation(s) will be provided to the City Council as part of the staff presentation. FISCAL IMPACT7FUNDING SOURCE: Included in this year's Parks Division budget is $3,500 for this contract (101 - 422 -55020 — Lease of Land). Councilmember Choate made a motion to authorize the City Manager to rescind the Amendment to the Memorandum of Lease dated April 2 2002 and authorize the City Manager to execute the proposed renewal with Robert A. Josey Lodge Inc. ( "Lodge ") for lease of the Thomas Henry Ball "Josey" Park ate cost not to exceed $3,500 annually fora Period of three years with two one -year renewal options to be funded from budgeted funds and Councilmember Tavenner seconded the motion The motion passed unanimously. CITY COUNCIL MEETING MARCH 20, 2007 BOOK' 18 e. Authorize the City Manager to execute Change Order Number 5 for the Westridge/Highway 30 West Sewer Project in ar amount of $61,754.93, to be funded from remaining project funds, as presented by Steve Stacy, Director of Publi Works. This project is part of a multi - phased effort to divert wastewater from the McGary Creek Lift Station, and service existin and future wastewater needs in the McGary Creek and Robinson Creek water sheds. This project will tie to the newt constructed Westridge Interceptor and Robinson Creek Outfall lines that were constructed to divert flows to the new Robinso Creek Wastewater Treatment Plant. Doughtie Construction was the low bidder and was awarded the bid for an amount of $3,470,410. Below is a summan. of the approved change orders and Change Order No. 5. CHANGE ORDER BID AMOUNT Number 1 ($25,199.25) Number 2 $8,911.00 Number 3 $12,787.91 Number 4 $11,882.00 Number 5 (under consideration) $61,754.93 Total of all change orders $70,136.59 With approval of Change Order 5, the revised contract amount will be $3,540,546.59. This is an increase ofjust over percent from the original contract price. FISCAL IMPACT/ FUNDING SOURCE: Fiscal Impact: $61,754.93 Funding Source: Budgeted Project Funds as shown below: 711- 71111 -62300 Construction $179,224.34 (balance available) This will leave a remaining balance of $117,469.41. Councilmember Willett made a motion to authorize the City Manager to execute Change Order Number 5 for the Westridge /Highway 30 West Sewer Project in an amount of $61,754.93, to be funded from remaining project funds and Councilmember Griffin seconded the motion. The motion passed unanimously. MAYOR / COUNCILMEMBER / CITY MANAGER REPORT a. CPAC Report, as presented by Councilmember Evans. Councilmember Evans stated that thejoint work session on the 17'" went well. Future events include a joint Plannin and Zoning and City Council public hearing to be held on Tuesday, March 27'" at 6:00 p.m. Citizens are encouraged to go t the City's website to see the proposed plan. He stated that Chapter 7 is the Implementation chapter and advised citizens t start at that chapter. He also stated that the Planning and Zoning Commission will meet to discuss the proposed plan on Apri 2nd at Noon. On April 10'", the City Council will consider the final draft. Councilmember Evans also gave a financial repo stating that the budget is within time and budgeted funds. b. Discuss and take action on request by Walker County for participation in Storm Shelter Project. Councilmember Woodward made a motion to participate in the Walker County Storm Shelter Project bv waivino oermi fees installinq water and sewer lines and subject to contingency of budget to pave the parking lot and Councilmember Wille seconded the motion. The motion passed unanimously. C. Approve Ordinance 2007 -03 -20.1 finding a public purpose for the sale of City -owned lots for low or moderate -incom housing (9'" Street and Avenue H). Councilmember Willett made a motion to a rove Ordinance 2007 -03 -20.1 finding a public purpose for the sale of City owned lots for low or moderate - income housin 9' Street and Avenue H with staff to finalize restrictions and number of lot and Councilmember Mahaffey seconded the motion. The motion passed unanimously. d. Consider Old Colony Bridge Repair. Councilmember Evans stated that this item would be brought to Council at a future agenda. The City Attorney ha claimed this as an emergency item and staff was proceeding with order of supplies and the repairs would be handled with in house crews. e. Approve employment agreement between the City of Huntsville and John R. Gaines for the position of Judge of th Municipal Court. This item was discussed in Executive Session. f. Consider mid year review of Charter Officers. This item was discussed in Executive Session. PUBLIC COMMENTS 1. William Powell. Mr. Powell spoke in favor of the sale of the lots on 91" Street and Avenue H for low income housing. 2. John Strickland. Mr. Strickland spoke against a "380" agreement to entice development. 3. Tish Humphrey. Ms. Humphrey spoke in favor of the Ravenwood Development. 1 1 CITY COUNCIL MEETING MARCH 20, 2007 BOOK "r , 19 4. John Wagamon. Mr. Wagamon spoke against incentives for development and chastised the City for including Ravenwood Development project in the City Connection. 5. Roberta Plant. Ms. Plant spoke in support of planned growth and the Ravenwood project. 6. Leroy Wilkinson. Mr. Wilkinson spoke regarding the Ravenwood project and how it would also create dollars for school district thereby supporting our youth. 7. Carol Westbrook. Ms. Westbrook spoke regarding incentives as approved by our legislators for the good communities and also in support of the Ravenwood project and added tax dollars. 8. Brandon Reese. Mr. Reese, SHSU Student, spoke in support of the Ravenwood project and hoped it would br economic opportunities for graduates of SHSU. MEDIA None. EXECUTIVE SESSION [7:25 p.m. - 8:20 p.m.] If, during the course of the meeting and discussion of items covered by this notice, City Council determines that a closed executive session of the Council is required, then such closed meeting will be held as authorized by Texas Government Cc( Chapter 551, Sections: 551.071 - consultation with counsel on legal matters; 551.072 - deliberation regarding purchase, exchange, lease or value of real property; 551.073 - deliberation regarding a prospective gift; 551.074 - personnel matters regarding the election, appointment and/or duties of one or more officers and employees; ' 551.076 - implementation of security personnel or devices; 551.087 - deliberation regarding economic development negotiation; and /or Other matters as authorized under the Texas Government Code. RECONVENE [8:20 p.m.] Councilmember Choate made a motion to approve the Employment Agreement with John Gaines for the position of Municipal Judge at the salary previously agreed to by the City Council subject to the followina chanoes7 Paragraph #1 - Description of Services the Judge of the Municipal Court shall conduct arraignments of inmates held under City of Huntsville warrants confined at the Walker County Jail, other court hearings... Paragraph #10 - This Agreement shall renew automatically and may be annually reviewed on or before the first regularly scheduled Citv Council Meeting in Octoberof each Year Councilmember Mahaffey seconded the motion The motion passed unanimously. ADJOURNMENT [8:25 p.m.] 04L� Danna Welter, City Secretary