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MIN CC 02/06/2007CITY COUNCIL MEETING FEBRUARY 6, 2007 BOOK *.fo MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6TH DAY OF FEBRUARY 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 Bob Tavenner Kevin Evans, City Manager Mickey Evans Dalene Zender Staci McGinty, Deputy City Secretary Jim Willett Mac Woodward Thomas Leeper, City Attorney Jack Choate Clarence Griffin Melissa Mahaffey CALL TO ORDER [6:00 p.m.] Mayor Turner called the meeting to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Councilmember Griffin led the invocation. PRESENTATIONS Proclamation — Cultural Diversity. CONSENTAGENDA Consider minutes of January 2 and 9, 2007. [Danna Welter] Approve Ordinance 2007 -02 -06.1 ordering a municipal election to be held on the 12`" day of May, 2007, forthe I of electing a Mayor at -large and four councilmembers, one from each of the City's wards 1, 2, 3 and 4. [Danna STATUTORY AGENDA Approve Ordinance 2007 -02 -06.2 Nunc Pro Tunc amending Title 9 Buildings and Building Regulations and Title 11 Electricity of the Code of Ordinances, as presented by Thomas Leeper, City Attorneyand Mike Roempke, Chief Building Official. Approve an annual contract for the periodic purchase of bulk fuel with Branco Marketing Group for $.25 above rack price for gasoline and $.26 above rack price for diesel with an option to renew for one additional year, to be funded from budgeted funds, to be presented by Debby Mikulin, Purchasing Agent. The City of Huntsville has three 10,000 gallon underground fuel tanks located at the service center and one 3,000 fuel tank at the transfer station. All fuel for City and County (except road and bridge) vehicles are dispensed at locations. The estimated usage for gasoline for these vehicles is approximately 125,000 gallons per year and 00 gallons of diesel per year. It is the City's intent to establish an annual contract to purchase fuel on an as needed Fuel is normally purchased twice per month. The annual expenditure for fuel for FY 05106 was approximately t TABULATION: Bid packets were mailed to eleven vendors and four were received. The price below includes . freight, state tax,all s and the vendor's margin over the refiner's posted terminal price (rack price). These costs are fixed and will remain same for the entire contract. The only variable price is the daily rack sheet price. Rack price sheets will be included with the delivery of fuel for verification of correct pricing. idor Pricing above Rack Price nco Marketing Group Gasoline Diesel Ian, TX) $.25 $.26 troleum Traders Corp. Wayne, IN S.27 $.27 ;ham Petroleum sville, TX $.30 $.30 dy Petroleum sville, TX - $.35 $.36 Branco's bid for regular gasoline (Example) c Price 1.42 (changes daily) Iht .04 (fixed) Tax .20 (fixed) fee .005 (fixed) rin Sk5 (fixed) 1.67 (amount paid by City per gallon) r. CITY COUNCIL MEETING FEBRUARY 6, 2007 BOOK '�­ FISCAL IMPACT or FUNDING SOURCE: Fuel is charged to the warehouse fuel inventory accounts 101 2205 for gasoline and 101 2206 for diesel. FY 05/06 expenditure on fuel was $732,000 which included City and County vehicles. Councilmember Choate made a motion to approve an annual contract for the periodic purchase of bulk fuel with Branco Marketing Group for $.25 above rack price for gasoline and $.26 above rack price for diesel with an option to renew for one additional year, to be funded from budgeted funds and Councilmember Mahaffey seconded the motion. The motion passed unanimously. C. Authorize the City Manager to enter into a construction contract with Grisham Construction in the amount of $180,654.26 for two bores and encasement under IH -45, to be funded from budgeted project funds, as presented by Steve Stacy, Public Works Director. This agenda items seeks City Council approval for the City Manager to enter into a Construction Contract with Grisham Construction in the amount of $180,654.26 for two bores and encasement under IH -45. The 20" bore and encasement is for the IH-45 /Moffitt Springs Phase I water CIP project (06- 02 -02) funded at mid budget year during 2005 -2006 as part of the unserved /underserved project list. The 30" bore and encasement (Alt. 2A) is for the IH-45 / Elkins Lake water CIP project j (06- 11 -10) funded for budget year 2006 -2007. RESULT to be ACHIEVED: Both of these funded projects are to be constructed with City crews. Due to the length of the bore and encasement'i required, a contractor is needed to do the installation of this work item. Choosing Alternate item 2A allows for future j construction of a 24 inch diameter water line (requires a 30 inch diameter encasement) to be installed in the encasement. This will be consistent with the CIP water project list and will not require re -boring of IH 45 in the future. BACKGROUND: Both CIP water projects have been long time goals in the Capital Improvement Program that will provide current adequate water supply, stabilize working water pressures, connectivity to existing systems, provide water service, provide fire protection, and provide the ability to up -grade the water system in the future as water demands change. Bids were received and opened on January 24, 2007. The bid tabulation sheet is attached. Five bid packets were I picked up by prospective bidders with only two bids received. FISCAL IMPACT /FUNDING SOURCE: For project # 06 -02 -02 IH -45 / Moffitt Spring Phase I: 701 - 70123- 62300: $179,500 (project balance and funding source) $65.952.02 (bore /encasement cost and fiscal impact) $113,547.98 (remaining project balance) From project # 06 -11 -10 IH -45 / Elkins Lake: 701 -7047- 62300:$300,000 (project balance and funding source) $114,702.24 (bore /encasement cost and fiscal impact) $185,297.76 (remaining project balance) Total amount of the proposed contract is $180,654.26 ($65,952.02 +$114,702.24). This would mean awarding the base ! bid and additive alternate #2A. Base bid item number 2 would be deleted and additive alternate #2A would be substituted. The remaining project balances will be sufficient to construct the remainder of the two projects with City crews. Councilmember Woodward made a motion to Authorize the City Manager to enter into a construction contract with /Grisham Construction in the amount of $180,654.26 for two bores and encasement under IH45 to be funded from budgeted project funds and Councilmember Tavenner seconded the motion. The motion passed unanimously. d. Approve the placement of two street signs, "Medical Park Lane (Private), at the ends of the private drive in the Huntsville)', Medical Center to clarify EMS /911 addressing, as presented by Stan Hamrick, City Planner. This agenda item seeks City Council approval to place two "Private Street" signs at either end of the drive through the new Huntsville Medical Center located behind Huntsville Memorial Hospital. Due to the nature of the complex and the possible increased need for EMS /911 dispatch to the project area address clarification is requested. The proposed name will be Medical Park Lane and will be placed on brown signs with the text, "MEDICAL PARK LANE (PRIVATE)." The two signs will be paid for by the project partnership, as well as any future replacements. RESULT to be ACHIEVED: Increase efficiency of EMS /911 dispatching. BACKGROUND: The new Huntsville Medical Center currently being constructed will house approximately 70,000 square feet of medical practices, therapist, and ancillary services when completed. There is a private drive that is a dedicated emergency access' easement running through the property from Robinson Creek Parkway to Medical Center Parkway. Cross access easementsl� have also been granted to the Hospital. Section 612.2 of the Development Code requires City Council to approve the placement of private street signs. FISCAL IMPACT / FUNDING SOURCE: Fiscal Impact: none Funding Source: none Councilmember Mahaffey made a motion to approve the placement of two street signs, "Medical Park Lane (Private). at the ends of the private drive in the Huntsville Medical Center to clarify EMS /911 addressing and Councilmember Choate CITY COUNCIL MEETING FEBRUARY 6, 2007 BOOK X' seconded the motion. The motion passed unanimously. e. Accept the Houston - Galveston Area Council (H -GAC) pricing in the amount of $9,747.86 for the purchase of one (1 New Holland TC 25 tractor with four -wheel driver, to be purchased from the Capital Equipment Fund, as presented b Bill Daugette, Director of Public Utilities. The New Holland tractor will be replacing the Grasshopper mower that was stolen July 23, 2006 from the Solid Wast Transfer Facility. The Grasshopper was not scheduled to be replaced on the City's Vehicle Replacement Schedule until F 2007 -2008 with a value of $10,000. Texas Municipal League Intergovernmental Risk Pool allowed $5,000 for th replacement value of the 1998 Grasshopper. TABULATION AND STAFF RECOMMENDATION: Move the purchase the New Holland tractor into FY 2006 -2007, up from its scheduled 2007 -2008 scheduled date. FISCAL IMPACT or FUNDING SOURCE. 306 -69040 Motor vehicles Increase budget by cost of tractor in the amount of $9,747.86 with $5,000 from insurance proceeds. Replacemen schedule purchase to be expedited one year. Councilmember Woodward made a motion to accept the Houston - Galveston Area Council H -GAC ) pricing in th amount of $9,747.86 for the purchase of one 1 New Holland TC 25 tractor with four -wheel driver, to be purchased from th Capital Equipment Fund and Councilmember Choate seconded the motion The motion passed unanimously. f. Authorize the City Manager to enter into a contract with Dunham Engineering, to perform engineering, design an inspection of the Palm Street tank painting project at a cost not to exceed $70,000 to be funded from budgeted funds, a presented by Bill Daugette. The twos million gallon ground storage tanks at the Palm Street Water Plant were approved to be painted and rehabilitated by council on January 91", 2007. Staff has solicited the professional services of Dunham Engineering to perform engineering, design and inspection of the Palm Street tank painting project. FISCAL IMPACT or FUNDING SOURCE: $70,000; Budgeted in the Capital projects portion of the water fund. Account number 701- 7043 -62300 with a balance o $570,155 Councilmember Griffin made a motion to authorize the City Manager to enter into a contractwith Dunham En ineerin to perform engineering. design and inspection of the Palm Street tank painting project at a cost not to exceed $70,000 to be funded from budgeted funds and Councilmember Willett seconded the motion. The motion passed unanimousl . g. Approve Ordinance 2007 -02 -06.3 amending the fiscal year 2006 -07 annual budget, authorizing a budget transfer o $16,000 from account 221 - 1221 -91100 to account 221 - 365 -53070 and authorize the purchase of new chlorination equipment for N.B. Davidson WWTP, as presented by Bill Daugette. Due to premature failure at the N. B. Davidson WWTP this chlorine equipment will require replacement immediately in order to maintain a safe working environment and to meet Texas Commission on Environmental Quality (TCEQ) permit limits. The replacement of this equipment was to be presented in the fiscal year 2007/2008 budget at both the N.B. Davidson WWTP and A.J. Brown WWTP, however, this failure requires that it be replaced now. FISCAL IMPACT or FUNDING SOURCE: This will be funded from Maintenance of sewer plants and lift stations. 221 - 365 - 53070; a transfer of $ 16,000.00 frorr uture allocations 221 - 1221 -91100 will be required. Councilmember Choate made a motion to approve Ordinance 2007 -02 -06.3 amending the fiscal year 2006 -07 annua bud et authorizing a budget transfer of $16,000 from account 221 - 1221 -91100 to account 221 - 365 -53070 and authorize th urchase of new chlorination equipment for N.B. Davidson WWTP and Councilmember Mahaffey seconded the motion. Th motion passed unanimousl . h. Authorize the purchase of the Energy Saver XER swimming pool cover, storage reel and cover at a cost not to excee $10,675 from T -Star to be funded from Swimming Pool CIP Contingency- Pool Construction funds (818 -81801 - 62601) as presented by Stephanie Brim, Director of Community Services. Construction of the aquatic center has been completed, with substantial completion issued for the competition an recreation pools as well as the buildings and grounds. With construction close out imminent, staff are moving to addres perationalissues. One issue revolves around equipment needed to both pass a pool inspection as well as provide a safe environment ir hich to operate the facility. Staff have identified several pieces of equipment that were not included in the odgina onstruction contract(s) [including, for example, a thermal blanket/cover, rescue tubes and masks, an AED (automate xternal defibrillator), signage, and additional safety gear for the chemical storage rooms]. This memo addresses only th hermal cover. While a thermal cover is not safety equipment per se, the absence of a blanket for a pool this size will bot ncrease dramatically the cost of heating the pool as well as allow for debris to infiltrate the pool more rapidly. Of the budgeted pool construction contingency funds ($50,000 original budget), certain amounts have been earmarke or other improvements as well as providing for any potential approved change orders to the original pool constructio contract. For instance, the pool will not meet ADA requirements for certification until certain linking sidewalks are complete (at a cost of approximately $1,000), and construction of a natural 'stepped'seating area (approximately $4,000), reducing th cost of providing seating in this first year of operation has been tentatively earmarked to be funded from the contingency funds Given the change orders submitted to date (although not approved at this point), staff are confident that the poo construction contingency funds could be used to proceed with the purchase of the thermal cover. Additionally, following th reconciliation of all change orders and the sidewalk and seating issues previously stated, staff will seek to purchase othe i CITY COUNCIL MEETING FEBRUARY 6, 2007 BOOK X" , safety equipment through the remainder of this funding (based on an itemized list of necessary equipment). FISCAL IMPACT /FUNDING SOURCE: Bids were received from three vendors and are tabulated as follows: T -Star $10,675 Spectrum $11,294 ASI Distribution $13,830 Councilmember Woodward made a motion to authorize the purchase of the Energy Saver XER swimming pool cover, storage reel and cover at a cost not to exceed $10 675 from T -Star to be funded from Swimming Pool CI P Contingency- Pool Construction funds (818- 81801- 62601) and Councilmember Tavenner seconded the motion. The motion passed unanimously. i i. Authorize the City Manager to enter into a contract with Grantworks, Inc. to provide professional management services for the remainder of the grant contract #48- 001058 as administered by the Texas Parks and Wildlife (TPW), at a cost not to exceed $12,500, to be paid out of Community Services Department — Administration /Purchased; Services /Contracts (101- 420- 55070), as presented by Stephanie Brim. The City is in the process of completing, among other grants, the Eastham- Thomason Park improvements grant through Texas Parks and Wildlife (TPW). With the elimination of the Community Development Coordinator position with the current j fiscal year's budget, existing staff are under pressure to try to'learn' the background, innuendos of and reporting requirements for grants. Currently, there is no one on staff with the expertise to whom to transition this duty efficiently. Given this (1) relative lack of knowledge of grant administration requirements and experience of current staff, (2) the importance of proper documentation, meeting deadline requirements and general grant managementladministration, and (3) the relationship with the proposed provider, staff recommends contracting with Grantworks to complete and close out this grant. The City has maintained a good working relationship with Grantworks, Inc. through the years. Currently, Grantworks is making the City's application gratis for the next phase of the Old Colony Road wastewater utility extension project. Staff have contacted and met with Bruce Spitzengel, Grantworks, Inc. to ascertain their interest in assisting with completion and close -out i of these grants. Attached is his proposal to complete the E -T Park grant. Although the E -T Park improvement grant is well under way and generally on schedule for completion, the administration) of the remainder of this grant to include submission of all paperwork and required reports will only help existing staff! concentrate on completion of the construction of the remaining elements. This contract can be paid for through salary savings) in the Community Services Department, given that funding was provided for a grant administrator position for a part of they year, but will not be utilized. [If approved, staff will bring forward a budget amendment to transfer funds from then Administration salary line item(s) to the same department/division's Purchased Services /Contracts line item.] FISCAL IMPACT /FUNDING SOURCE: Eastham- Thomason Park Improvements /Texas Parks and Wildlife Grant $12,500 to be funded from salary savings in 101 - 420 -51 XXX Councilmember Choate made a motion to authorize the City Manager to enter into a contract with Grantworks. Inc. to provide professional management services for the remainder of the grant contract #48- 001058 as administered bythe Texas li Parks and Wildlife (TPW) at a cost not to exceed $12,500, to be paid out of Community Services Department — Administration /Purchased Services /Contracts (101420- 55070) and Councilmember Mahaffey seconded the motion. The motion passed unanimously. MAYOR I COUNCILMEMBER I CITY MANAGER REPORT City Manager Kevin Evans presented City Council with a proposed budget calendar. He asked that if members had problems with the dates, please contact him. Mr. Evans also stated that the work session had been cancelled due to receiving information to prevent moving forward at this time, and that it was fairly common for a project this size. a. CPAC Report, as presented by Councilmember Evans. Councilmember Evans stated that the next meeting would be held on February 15" at 5:30 pm at the Katy and E. Don Walker Education Center. The committee would re- address growth capacity and the Implementation Chapter. An open house is scheduled for March 1s' for the public. Councilmember Evans also gave an updated on the budget for the plan. It. Approve Ordinance 2007 -02 -06.3 approving the City Council Rules and Procedures. Councilmember Mahaffey stated that changing the process regarding email was working well, except that she added some wording to section 12.1 (d) regarding staff being available if necessary. Councilmember Evans requested that section 10.3 (b) be changed to read: The committee chair shall developli committee meeting agendas through coordination with fellow committee members and appropriate supporting staff members. The committee chair will coordinate with the City Secretary to ensure that the committee meeting agenda is posted as!! appropriate. ! Councilmember Evans made a motion to approve Ordinance 2007 -02 -06.3 approving the City Council Rules and; Procedures with the changes noted and Councilmember Mahaffey seconded the motion. The motion passed unanimously. C. Discuss and take action on possible recommendations regarding the Holt vs. City of Huntsville, at al., litigation. City Attorney Thomas Leeper stated this lawsuit is related to an alleged drainage issue in Elkins Lake. This item was discussed further in executive session. CITY COUNCIL MEETING FEBRUARY 6, 2007 BOOK':— PUBLIC COMMENTS 1. Ray Martin. Mr. Martin requested information on a fatal car accident of an SHSU student at IH -45 Exit 112. He for information on accidents at that location for the past three years. Marion Wagamon. Ms. Wagamon spoke against the TIRZ and felt it would negatively affect the City's general MEDIA None. 10 EXECUTIVE SESSION [7:08 p.m. – 7:30 p.m.] City Council met in Executive Session to discuss acquisition of utility easement in the Wiley Parker League A -37, Wall ty, Texas including authorizing the City Attorney to negotiate with property owner and directing the City Attorney ite eminent domain proceedings. ADJOURNMENT [7:31 p.m.] Staci R. McGinty, Deputy City Secretary