MIN CC 12/14/2004CITY COUNCIL MEETING DECEMBER 14, 2004 BOOK "T"
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF DECEMBER 2004, IN THE CITY
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:
Steed Smith
OFFICERS:
Jack Choate
Bob Tavenner
Kevin Evans, City Manager
Mickey Evans
Jim Willett
Danna Welter, City Secretary
Judy Kayse
Mac Woodward
Thomas Leeper, City Attorney
Absent: Gary Crawford
of street lights, school beacon lights, and downtown lighting, installation of Christmas decorations, tree trimming, and any
WORK SESSION [5:08 p.m. — 6:03 p.m.]
The City Council met in a Work Session to discuss funding for non profit agencies.
CALL TO ORDER [6:17 p.m.]
Mayor Pro Tern Steed Smith called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Parks and Recreation Director Ray Black led the invocation.
PRESENTATION
Wayne Klotz with Klotz and Associates discussed Phase I of the Groundwater Study, with Steven Ratcliff also with
Klotz and Associates and Kevin Spencer with R.W. Hardin and Associates.
PUBLIC COMMENTS (Agenda Items Only)
None. '
CONSENT AGENDA
a. Approve the minutes of October 19, 26, and November 9, 15, 2004.
Councilmember Tavenner asked that item a. be removed from the consent agenda.
STATUTORY AGENDA
Consent a. Approve the minutes of October 19, 26, and November 9, 15, 2004.
Councilmember Tavenner questioned the minutes of October 19". The minutes state that the land purchase for the I'
Oakwood Cemetery would be funded from cemetery funds and he remembered that the land would be funded from the land
acquisition fund. Other Coucilmembers agreed that the funds came from the land acquisition fund.
Councilmember Kayse made a motion to approve the minutes as amended and Councilmember Willett seconded the
motion. The motion passed unanimously.
a. Consider and take action to authorize Phase II of the Groundwater study.
City Council authorized the Groundwater Study and requested staff and the consulting engineers to present the results I
of Phase I prior to developing Phase I I of the study. Phase I shows that there is sufficient water to continue with Phase II at a �I
cost not to exceed 40,000, as budgeted.
Council member Woodward made a motion to authorize Phase II of the Groundwater Studv. and Councilmember Evans
seconded the motion. The motion passed unanimousl
b. Considerand take action to fund non profit agencies based on information presented in the work session, to be funded
from City Council funds and hotel /motel tax.]
This item was discussed following the work session.
C. Considerand take action to approve the purchase of one Altec Model AT37 -G telescoping /articulating aerial vehicle in -.
the amount of $64,962.00, to be purchased from budgeted funds (303- 379- 69040).
The Street division staff requested the purchase of a telescoping /articulating aerial device in the new 04105 budget to
replace an 8 yard, 1984 dump truck with 103,782 miles. This equipment will be used for street sign installation, maintenance
of street lights, school beacon lights, and downtown lighting, installation of Christmas decorations, tree trimming, and any
other overhead type work. In the past, lifts have been rented and ladders have been used for some of this work. Some work
has been prolonged because of the lack of equipment.
Pricing was obtained from TX -MAS, a cooperative program through the Texas Building and Procurement Commission
which the City is a member of. Altec Industries, Inc. is a qualified vendor on this contract for this type of equipment. No other
vendors on the state contract carried this kind of equipment. The pricing for the Altec Model AT37 -G equipment (TX -MAS h:
Contract #3- 23010) is $64,962.00 with an approximate 200 day delivery date. Purchasing through the Texas Building and
Procurement Commission program meets all competitive bidding standards mandated by the State of Texas.',
Kayse seconded the motion. The motion passed unanimously.
CITY COUNCIL MEETING DECEMBER 14 2004 BOOK T _ 183 -
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d. Considerand take action to approve the purchase of one 2005 model solid waste live floor trailer from Travis Trailers in 11
the amount of $43,950.00, including the trade -in of two McClain trailers, to be funded from budgeted funds (303 -379- �!
69040).
j During the budget workshops, it was determined that a live floor transfer trailer would need to be replaced in the 04/05
fiscal year according to the fleet department replacement schedule and maintenance history. The steel sides and
undercarriages are worn out due to over 10 years of heavy usage. The expenditure ofanew trailer was approved in the
it
t 04105 budget. li
Bid packets and specifications were prepared for a new trailer with a trade -in option of two (2) McClain brand, metal 90
cy refuse trailers, one of these used for backup. Five bid packets were mailed and two bids were received. The bid tabulation
is as follows:
BID TABULATION
Vendor Bid Met Specifications
Travis Trailers $47,950.00 Yes
(Trade -in amount) ($ 4,000.00)
$43,950.00
Vantage Trailers $63,500.00 Yes
(Trade -in amount) $ 0
Councilmember Choate made a motior
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e. Considerand take action to approve Ordinance 2004 -12 -14.1 amending Title 30, Waters and Sewers of the Code of
Ordinances to increase charges for water taps and new meter settings.
' The City of Huntsville has historically charged a settee for a %" and l" watertaps, irregardless of any special conditions,
such as a road bore or encasement if bored under a State Highway. This policy eliminates penalizing a citizen by having them
pay more for a new tap just because the water main may be on the other side of the road. Using Synergen we have been able
to more accurately track the costs of new water taps and these recommended increases reflect those costs. Also, recently
there have been an increasing number of contractors choosing to make their own taps as part of the construction process.
.' Once completed, City crews install the appropriate meter. Currently we are not charging any costs related to the install back
to the contractor. Research by the Water Superintendent's Office has determined average costs associated with setting
meters into assemblies supplied by contractors, based on the cost of the meter and one hour installation time. The proposed
revisions to the current ordinance address tap cost increases and meter setting fees.
I. Considerand take action to adopt Ordinance 2004 -12 -14.2 approving the "Municipal Maintenance Agreement' with the
Texas Department of Transportation (TXDOT).
This agreement is updated on an "as requested" basis as determined by TxDOT. It was last updated in 1997 and
'1 TxDOT wants to insure that every city in the state has approved the same version. l;
Councilmember Willett made a motion to adopt Ordinance 2004 -12 -14.2 approving the "Municipal Maintenance
Agreement" with the Texas Department of Transportation (TXDOT) and Councilmember Evans seconded the motion ij
The motion passed unanimously.
g. Considerand take action to adopt Ordinance 2004 -12 -14.3 amending Title 20, Motor Vehicles and Traffic, of the City of
Huntsville Code of Ordinances, ratifying the traffic control modifications recommended by staff.
Over the past two years, the City of Huntsville has received requests from either citizens or staff asking fortraff c control
modifications in areas they felt were unsafe or where the current configuration was causing problems for homeowners or
businesses. The City's policy has been that once a request is received, the City Manager may authorize a 90 day trial of a
new traffic configuration, such as a new stop sign or no parking zone. At the end of the 90 day period, the area was evaluated
to determine if the change corrected the problem. If it was determined that the new configuration should be permanent, an
ordinance was presented to City Council for final approval. The areas being presented tonight have all been in place for more
than the 90 day period, and are being presented by staff to make them permanent.
' Presented tonight:
A) University Avenue 15'" to 16'" Street 2 hr. parking l�
B) Avenue P Between 171" and 18" Street No Parking Zone
C) Cherry Hills Drive Between Greenbriar and Lakeview Manor No Parking Zone
'j D) 20" Street Intersection at N % 4 Way Stop !I
'; E) Sabrina Lane Powell Rd. to Vicki No Parking & 1 Way Stop ., Ii
CITY COUNCIL MEETING DECEMBER 14, 2004 BOOK'T"
184
h. Considerand take action to approve an Emergency Response Plan as required by the Environmental Protection Agency
and the Public Health Security and Bioterrorsm act of 2002.
On June 12, 2002 President Bush signed the Public Health Security and Bioterrorism act into law the act requires all
cities serving populations of 3,300 to 49,999 to have an Emergency Response Plan in place by December 31, 2004.
There was a line item budget amount of $25,000 included in the 2004 -2005 budget (361 - 57220), however, we were able
to create and develop the plan with in -house personnel, so the expenditure will not be necessary.
Councilmember Willett made a motion to approve an Emergency Response Plan as required by the Environmental
Protection Agency and the Public Health Security and Bioterrorsm act of 2002 and Councilmember Woodward seconded the
motion. The motion passed unanimously.
i. Considerand take action to authorize the City Manager to enter into a construction contract with Brazos Valley Services
in an amount not to exceed $332,400.72 for the construction of the American Bank Street Project to be funded from
Developer participation and budgeted project funds.
American Bank requested City participation in the construction of streets and utilities adjacent to their location on 11 th
Street. City participation of $100,000 was approved at the City Council meeting on Decemberl6, 2003. The total estimated
cost for engineering and construction was $378,347. The Developers have deposited $278,347 ($100,000 - Black family and
$178,347 - American Bank) with the City as their share of the engineering and construction costs. The original cost estimate
'.j for construction was $328,997.
Bids were received and opened on October 27, 2004, and are tabulated below.
CONTRACTOR BASE BID ADD. ALT. #1 ADD.ALT #2 ADD. ALT. #3
Brazos Valley Services $326,032.56 $13,024.36$3,768.16 $2,600.00
Grisham Construction $361,378.89 $8,644.20 $50,804.52($2,000.00)
Doughtie Construction $386,713.83 ($10,529.20) $4,678.22 ($2,380.00)
J & M Contracting $398,404.04 ($33,543.26) ($35,360.04) $0.00
Dudley Construction $407,250.82 ($19,275.06) ($21,960.15) ($6,145.40)
Additive Alternate #1: Delete HMAC wearing surface & Flexible base and add HMAC wearing surface & HMAC base.
Additive Alternate #2: Delete HMAC wearing surface &Flexible base and add concrete pavement section.
Additive Alternate #3: Delete concrete retaining wall and add modular block retaining wall.
American Bank has requested that additive alternates #2 and #3 be awarded along with the base bid. Awarding these
additive alternates will exceed the $328,997 originally budgeted for construction by $3,403.72 and they have agreed to pay the
additional money needed. Contracts will not be executed until American Bank deposits the additional money of $3,403.72.
Councilmember Willett made a motion to authorize the City Manager to enter into a construction contract with Brazos
j. Consider and take action to approve release of existing 20' internal utility easement to the property owner for
undeveloped Lot 2 of Freedom Hills Addition.
Lot 2 of the Freedom Hills Addition is located in the E. Davids Survey, A -157 within the city limits of Huntsville recorded
in Volume 2 Page 60 of the Plat Records of Walker County. The lot is located south of Southwood Drive and along the west
right of way of Hwy. 75 South. In April of 2002 G.W.M. Huntsville 5- L.L.C. submitted a plan to develop a car dealership being
with a building for the automotive paint and body shop. As part of the development plan, each of the proposed buildings
needed access to public sanitary sewer and water, and drainage facilities. Public improvement plans were submitted and
approved. The owner of the property, Garry McKinney of Huntsville, Texas, conveyed a utility easement to the City of
Huntsville recorded in Vol. 495 Page 763 dated February 22, 2002 in the Walker County Deed Records. The development
was never built and no interior utility lines were installed.
Troy K. Walker with TKW Realty, Inc. of The Woodlands, Texas 77393 -0483 is purchasing the lot. He has requested the
easement be abandoned and upon future development new easements, if needed, would be dedicated.
k. Consider and take action to approve release of existing 0.139 acre water and sewer easement located off Old Phelps
Road to St. Stephen's Episcopal Church.
The original development was Lot 1 of the Mary Rather Estate Subdivision located in the E. Davids Survey, A -157 in the
city limits of Huntsville recorded in Volume 2 Page 108 of the Plat Records of Walker County and amended as Lot 1A by a plat
recorded in Volume 3 Page 11. The lot was formed to allow the construction of the Episcopal Church with access off Highway
75 South. The only way to service the tract with sanitary sewer service was off a 6" line in Old Phelps Road. A 30' easement
for underground municipal utility lines for water service and sewerage transmission was conveyed by Emma R. Hill recorded
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CITY COUNCIL MEETING DECEMBER 14 2004 BOOK T 185
Volume 158 Page 842, Walker County Official Public Records to the Protestant Episcopal Church Council of the Diocese of ]'
i Texas for the installation of a 6" public line to service the 3 acre tract.
The Hall tract, as well as several others have since been purchased by the Episcopal Church. The church owns all the
property along the south side of Old Phelps Road from approximately 320' from the intersection of State Highway 75 South to
State Highway. 19. A draft of an amending plat of Lot 1A consolidates all of the church's property.
located off Old Phelps Road to the St. Stephen's Episcopal Church and Councilmember Kayse seconded the motion.
The motion passed unanimously.
I. Consider and take action to authorize the Mayor to sign the Adjustment to Award document for the 2004 State
Homeland Security Program allocation, waiving the City allocation of $15,000 to Walker Countyfor inclusion in thejoint
fiber project.
Funding forthe initial phase of this system (connecting Dispatch, Sheriff's Office, Jail, Municipal Court, Service Center,
Fire Station #3, Bank (wireless access), City Hall, Police Department, EMS, Fire Station #1, Library, Walker County
Courthouse, Walker County Annex, and new Walker County Annex [formerly Region VI building]), was approved by Council on
03/0212004. This involved $125,000.00 in H -GAC grant funds, $10,445.56 contributed by Walker County and $14,554.44
contributed from the City Information Services Department budget.
This action would waive a City of Huntsville Homeland Security grant allocation of $15,000 to Walker County for
inclusion in the joint fiber project. This $15,000 will take the place of the aforementioned contribution from the Information
Services budget.
M. Consider and take action on personnel matters regarding the election, appointment and/or duties of the Municipal
Judge.
Councilmember Choate read the following minute order:
WHEREAS, on January30, 2004, Council appointed Shelley Solowto fillan unexpired termof theJudge of the Municipal
Court for the City of Huntsville, Texas, which had become vacant,
WHEREAS, the term for the Judge of the Municipal Court has been for two years from October 1 of an even numbered
year until September 30 of the following even numbered year,
WHEREAS, Judge Shelley Solow has been continuing to fill the position on a hold over basis while Council has
considered the appointment of the Judge of the Municipal Court for the term which follows that unexpired term which Judge
Solow has filled, and he has graciously offered to continue filling the position until the end of 2004; and
WHEREAS, on December 10, 2004, at a special meeting, Council acted to appoint John R. Gaines as Judge of he
Municipal Court to become effective January 1, 2005;
NOW, THEREFORE, to ratify and clarify said appointment of John R. Gaines, including to ratify and clarify the term of
office for the Judge of the Municipal Court for the City of Huntsville, Texas, Council declares the following:
Council ratifies the appointment of John R. Gaines as Judge of the Municipal Court for the term beginning October 1,
2004, with such appointment to become effective January 1, 2005;
Under the provision of the City Charter, Section 10. 02, second unnumbered paragraph, Shelley Solow is appointed to
temporarily act as Judge in place of the Judge of the Municipal Court until such appointment of John R. Gaines takes effect;
Terms of Court commence October 1 of each even numbered year for two years until the expiration of September 30 of
the following even numbered year.
Councilmember Choate made a motion to approve the minute order, and Councilmember Kayse seconded the motion.
The motion passed unanimously.
MAYOR I COUNCILMEMBER / CITY MANAGER REPORT
a. Update on pending or contemplated litigation. "
b. Update on land acquisition.
City Council recessed into executive session to discuss these issues. No action taken.
PUBLIC COMMENTS
None.
EXECUTIVE SESSION [8:16 p.m. - 8:27 p.m.]
The City Council conducted a closed session as authorized by Texas Government Code, Chapter 551.
WORK SESSION [8:30 p.m. - 9:40 p.m.]
City Council returned to work session to discuss funding of non profit entities.
!. Statutory b. Consider and take action to fund nonprofit agencies based on information presented in the work session, to be
funded from City Council funds and hotel /motel tax.]
Councilmember Woodward made a motion to enter into contracts for service with the following non profit entities and
Councilmember Willett seconded the motion. All were in favor. except Councilmember Tavenner. The motion passed 6 -1. ,I!i
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CITY COUNCIL MEETING DECEMBER 14, 2004 BOOK "T'
ENTITY FY 04!05
COME Center
$2,000.00
Community Child Care Center
$10,000.00
Walker County Senior Center
$10,000.00
New Life Outreach Ministries
$2,500.00
Walker County Boys & Girls Club
$3,000.00
Old Town Theatre
Tri-County MHMR
Sam Houston Folk Festival
Good Shepherd Mission
$5,000.00
SAAFE House
$5,000.00
Gibbs - Powell House
STAR/SCIP Program
$1,600.00
Trail of Lights
$0.00
TOTAL $37,100.00
OTHER
$1.00 /water bill /post/chains
Funded from Arts Commission
Waive $5,000 fees
Hotel -Motel tax up to $8,000
Check Hotel -Motel
Grant match
Withdrew request
ADJOURNMENT [9:42 p.m.]
Danna Welter, City Secretary
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