MIN CC 07/20/2004CITY COUNCIL MEETING OF JULY 20, 2004 BOOK "T"
140
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20TH DAY OF JULY 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:
Judy Kayse
OFFICERS:
Jack Choate
Steed Smith
Kevin Evans, City Manager
Gary Crawford
Jim Willett
Danna Welter, City Secretary
Mickey Evans
Mac Woodward
Thomas Leeper, City Attorney
ABSENT: Bob Tavenner
PERSONNEL COMMITTEE WORK SESSION [5:35 -5:50 p.m.] 'I
The City Council Personnel Committee conducted a closed session under Texas Government Code, Chapter 551,
Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, and duties for certain positions with the
City including City Attorney and Municipal Prosecutor.
CALL TO ORDER [6:05 p.m.]
Mayor Pro Tem Steed Smith 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.
PUBLIC COMMENTS
1. Introduction of Stan Hamrick, City Planner.
2. Introduction of Harold Hutcheson, Main Street Manager. ,
CONSENTAGENDA
1. Authorize the City Manager to enter into a contract with J &M Contracting Company for the construction of the Solid !.
Waste offices and container workshop in an amount not to exceed $74,500.00 to be funded from the Solid Waste
Reserve for Future Allocation.
2. Approve Resolution 2004 -07 -20.1, authorizing submission of the application for a grant with the Texas Forest Service
through the Urban Forestry Partnership Grant Program; authorizing the City Manager as the authorized signatory, and
committing the shared cost of the project.
Staff requested that Item 2 be removed form this agenda to be discussed at a future meeting. Councilmember
Crawford moved to approve the Consent Agenda with the exception of Item 2; and Councilmember Evans seconded the
motion. The motion passed 7 -0.
STATUTORY AGENDA
Considerand take action to approve the Interlocal Cooperation Contract between the City and Walker County to convey
the 1992 mini - pumper to the County to be used for fire protection services with one or more incorporated volunteer fire
departments within Walker County.
The 1992 Dodge Mini Pumper has been taken out of service and replaced with a recently purchased 2004 Ford
Mini Pumper. The Dodge Chassis is a 1992, the box and pump is a 1976 model. The truck has 98,400 miles with
undetermined hours of pumping. The estimated value is between 7,000 and 10,000 dollars. It is requested that the
1992 Dodge be made available to another volunteer fire department in the county. This will help in response to mutual
aid calls throughout the city and county. Commissioner B.J. Gaines with input from Chief Grisham will determine which
county fire department will be best suited for the Dodge Mini Pumper. If determined that the Dodge cannot be utilized
by the county it would disposed of through city public auction.
incorporated volunteer fire departments within the City and Walker County and Councilmember Choate seconded the
motion. The motion passed 7 -0.
2. Consider and take action to authorize the City Manager to enter into a contract with the low bidder of Doughtie'. '
Construction Company in the amount of $383,230.45 for the construction of the Old Colony Road Sewer Project- Phase
II to be funded from budgeted wastewater funds.
This project is Phase 2 of a multi - phased effort to complete first -time sewer service to the Old Colony Road area
and will provide sewer service for low to moderate income households. This area was annexed by the City in 1994.';
Water was provided to most of the area in 1999. Currently, the existing homes are serviced by on -site systems that are is
old and malfunctioning. The systems are in violation of Texas laws and are a health hazard to the residents of the area.
In addition to sewer mains, yard services are also included in the project to insure all homes are connected. Bids were 'I
received and opened on July 2, 2004, with Doughtie Construction the lowest bidder at $383,230.45.
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CITY COUNCIL MEETING OF JULY 20 2004 BOOK T" 141
motion Passed 7 -0.
3. Consider and take action to authorize the City Manager to enter into a contract with Grisham Construction Co., Inc. for
maintenance work to the McDonald Creek channel section from Winter Way Drive to Autumn Road for an amount notto
exceed $209,933.34 to be funded from Wastewater Fund Reserve for Future Allocation and Drainage Maintenance
funds.
Ij Prior to 1979, McDonald Creek from Winter Way Drive to Autumn Road was a well defined spring fed creek that
was approximately five to seven feet deep. The area was annexed in 1980 -1981 howeverdrainage maintenance was
not originally performed because of the difficulty in obtaining drainage easements. Complicating the maintenance
process, the area was later labeled as "Wetlands" by the Corps of Engineers. Since that time the City of Huntsville has
been struggling with how to prevent the flooding of the Spring Creek Water Treatment Plant, private homes and private
property and a public road. The Planning and Public Works Departments have met on several occasions in an attempt
to obtain permission to perform some relief maintenance. During the last meeting with Corps of Engineers
representative Mr. Jeff Hill, the city was instructed to submit a maintenance plan which will result in the zero discharge
of dredged or fill material within the channel way of McDonald Creek. On February 18, 2004, the City of Huntsville
submitted a maintenance plan and received a response dated March 2, 2004. The response stated "At this time, we do
not regulate excavation in Section 404 waters of the United States unless there is more than minimal discharge
associated with the proposed activity. Please be aware that it is the applicant's responsibility to provide information that
discharge is not more than the incidental fallback from the mechanized land- clearing equipment."
On April 6, 2004 the City Council authorized the City Manager to seek bids for maintenance work to the McDonald
Creek channel section from Winter Way Drive to Autumn Road. The Public Works Street Division estimated the cost of
the work at approximately $155,000 and the Council was informed that because of the involvement of the Corps of
Engineers, the cost could be higher— possibly $200,000.
On July 6, 2004 the purchasing agent received one bid for the maintenance work on the McDonald Creek channel.
The sole bid was from Grisham Construction Company in the amount of $199,833.34 (Base bid) for disposal of the
spoil material on site in Etheridge Park and $209,933.34 (Alternate Bid IA) for total removal and disposal off site of all
spoil material. The bidder has submitted an estimated time frame of 60 Calendar Days to complete the work.
The Parks Department has elected to not take possession of the spoils so the base bid in the amount of
$199,833.34 is not a consideration.
The following are possible considerations concerning this project and bid:
1. Reject the bid and postpone the project.
In the last couple of years the silting of the channel has escalated and the Spring Creek Water Plant and area
homes are in danger of flooding. The Corps of Engineers have received and investigated complaints.
2. Re -bid the project in hopes of a lower bid.
The high bid is most likely a "Fear Factor" in dealing with the Corps of Engineers on this project. Now that it is
known that there is only one bidder, re- bidding the project will most likely result in a higher bid or even a "No Bid ". Re-
bidding will most likely result in this project being delayed until next year since this is a summer -month project.
3. Reject the bid and perform the project with Street Division forces.
This option would tie up the Street Division for the rest of the summer months and prevent the accomplishment of
scheduled street paving projects for the year.
4. Award Alternate Bid 1A in the amount of $209,933.34.
Public Works believes this to be the most logical option under the circumstances. It is however expensive, will
possibly result in damage to area streets and also wet silt being spilt up and down area streets while being hauled. Any
street damage will be scheduled for repair and street sweeping will be scheduled for areas where silt spillage has
occurred.
4.
Consider and take action, if necessary, with regard to the commissioners' ruling regarding the Cole and Clegg property
condemnation hearings.
' RECESS [6:35 -6:45 p.m.]
WORK SESSION [6:45 p.m.]
The City Council conducted a work session to discuss City Council Policies and Procedures. Councilmember Evans !,
agreed to draft a policy for Council procedures with aid from Councilmembers Kayse and Woodward.
CITY COUNCIL MEETING OF JULY 20, 2004 BOOK "T'
RECESS [8:14 p.m.]
142
RECONVENE into REGULAR SESSION [8:15 p.m.]
Mayor Pro Tem Smith announced that the Council would conduct a closed session under Texas Government Code
Chapter 551, Section 551.071— consultation with counsel on legal matters, to discuss the commissioners'ruling regarding the
Cole and Clegg property condemnation hearings.
RECESS into EXECUTIVE SESSION [8:16 p.m.]
EXECUTIVE SESSION [8:17 p.m.]
The City Council conducted a closed session under Texas Government Code Chapter 551, Section 551.071 —
consultation with counsel on legal matters, to discuss the commissioners' ruling regarding the Cole and Clegg property
condemnation hearings.
ADJOURNMENT [8:33 p.m.]
26-4
Dan na Welter, City Secretary