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MIN CC 12/14/2004CITY COUNCIL MEETING DECEMBER 14, 2004 BOOK "T" 182 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 - i 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 T.,...,.. .,..,..,, scnz OGn nn 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 I 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 i 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 186 1