MIN CC 05/17/2005CITY COUNCIL MEETING MAY 17, 2005 BOOK "T" 217
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 29TH DAY OF APRIL 2005, 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:
Gary Crawford Bob Tavenner Kevin Evans, City Manager
Mickey Evans Jim Willett Danna Welter, City Secretary
Judy Kayse Mac Woodward Thomas Leeper, City Attorney
Jack Choate Clarence W. Griffin
WORK SESSION [5:10 p.m. — 5:50 p.m.]
City Council held a work session on Huntsville Fire Department grant opportunities and budget software.
CALL TO ORDER [6:01 p.m.]
Mayor Pro Tern Steed Smith called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Theo Whiteside, Wastewater Services Superintendent, led the invocation.
PUBLIC COMMENTS (Agenda Items Only)
None.
ELECTION MATTERS
a. Consider Ordinance 2005 -05 -17.1 canvassing the returns of the Regular Municipal Election held on the 7'" day of May
2005, for the purpose of electing a Mayor at -large and four Ward Councilmembers, one from each of the City's four
wards.
FOR MAYOR AT -LARGE
MICKEY S. EVANS
GARY CRAWFORD
JIM CARTER
VANCE HOWARD
J. TURNER
FOR COUNCILMEMBER, WARD 1
JIM WILLETT
FOR COUNCILMEMBER, WARD 2
MAC WOODWARD
FOR COUNCILMEMBER, WARD 3
CLARENCE W. GRIFFIN
GEORGE E. OLIVER
410
276
123
768
767
301
323
168
126
FOR COUNCILMEMBER, WARD 4
BOB TAVENNER 459
TOM BLACKARD 326
Official Returns for the City of Huntsville City Officers Election held Saturday, May 7, 2005 for the purpose of electing the
Mayor At -Large and Ward Councilmembers, One, Two, Three and Four:
i!
Mayor
Early
201
206
101
301
205
401
Total
Mickey S. Evans
162
34
25
6
18
93
31
410
Ga Crawford
76
141
4
33
47
62
26
15
276
Jim Carter
46
25
6
2
2
24
4
123
Vance Howard
343
73
66
22
9
10
213
32
768
].Turner
303
80
72
40
15
37
181
39
767
CITY COUNCIL MEETING MAY 17 2005 BOOK T" 218
Ti
Ward 1
Early
102
Total
b. Consider Resolution 2005 -05 -17.1 appointing Staci McGinty as Deputy City Secretary.
Jim Willett
168
133
301
Election Da v
Ward 2
Earl
201
F64
Total
Mac Woodward
115
144
Precinct 102
323
Ward 3
Early
101
301
Total
Clarence W. Griffin
64
37
67
168
George E. Oliver
51
32
43
126
Ward 4
Early
205
401
Total
Bob Tavenner
164
264
31
459
Tom Blackard
112
145
69
326
passed unanimously.
b. Administration of the Oath of Office to the elected members of City Council.
Judge Danny Pierce administered the oath of office to Jim Willett, Councilmember, Ward 1; Mac Woodward,
Councilmember, Ward 2; Clarence W. Griffin, Councilmember, Ward 3; and Bob Tavenner, Councilmember, Ward 4.
C. Consider Ordinance 2005 -05 -17.2, calling a runoff election to be held within the City of Huntsville on June 11, 2005,
for the purpose of electing a Mayor At- Large.
Woodward seconded the motion. The motion passed unanimously.
CONSENTAGENDA
Registered
a. Consider minutes of April 5, 12 and 14, 2005.
Voters Voted
b. Consider Resolution 2005 -05 -17.1 appointing Staci McGinty as Deputy City Secretary.
C. Consider Resolution 2005 -05 -17.2 adopting the Houston - Galveston Area Council of Governments- Regional Hazard
Voters
Early
Election Da v
Total
Percentage
Precinct 101
1,001
33
80
113
11%
Precinct 102
2,815
281
224
505
18%
Precinct 201
2,419
158
201
359
15%
Precinct 205
2,168
238
540
778
36%
Precinct 206
686
47
126
173
25%
Precinct 301
2,222
84
136
220
10%
Precinct 401
2,248
80
122
202
9%
Total
13,559
921
1,429
2,350
17%
passed unanimously.
b. Administration of the Oath of Office to the elected members of City Council.
Judge Danny Pierce administered the oath of office to Jim Willett, Councilmember, Ward 1; Mac Woodward,
Councilmember, Ward 2; Clarence W. Griffin, Councilmember, Ward 3; and Bob Tavenner, Councilmember, Ward 4.
C. Consider Ordinance 2005 -05 -17.2, calling a runoff election to be held within the City of Huntsville on June 11, 2005,
for the purpose of electing a Mayor At- Large.
Woodward seconded the motion. The motion passed unanimously.
CONSENTAGENDA
a. Consider minutes of April 5, 12 and 14, 2005.
b. Consider Resolution 2005 -05 -17.1 appointing Staci McGinty as Deputy City Secretary.
C. Consider Resolution 2005 -05 -17.2 adopting the Houston - Galveston Area Council of Governments- Regional Hazard
Mitigation Plan.
Councilmember Kayse made a motion to approve the consent agenda and Councilmember Evans seconded the
motion. The motion passed unanimously.
STATUTORY AGENDA
,
a. Consider Huntsville Convention and Visitors Bureau's request for $15,625 to produce new marketing and promotional
DVD's /videos for Huntsville Tourism and the creation and success of the Sam Houston Statue, to be funded from :;
Hotel /Motel Tax Visitors Center ExpenselCity Council Community Discretionary Fund, as presented by Dee McFarland,
Huntsville - Walker County Chamber of Commerce. li
This item was pulled from the agenda.
b. Consider Ordinance 2005 -05 -17.3, amending Personnel Rules Chapter 10, Section 15, as presented by Victor Pena, 1
Director of Administrative Services. Ii
' CITY COUNCIL MEETING MAY 17 2005 BOOK T" _ 271A -
7"
L
CITY OFFICER ELECTION
EARLY VOTING RESULTS BY PRECINCT
MAY 7, 2005
Mayor
102
201
206
101
301
205
401
Total
S. Evans
52
29
5
3
14
33
26
162
-Mickey
Crawford
11
10
2
11
30
6
6
76
-Gary
Jim Carter
16
7
5
1
6
7
4
46
Vance Howard
108
55
20
9
17
119
15
343
J. Turner
93
58
F 15
5
33
69
30
303
Ward 1
102
Total
Jim Willett
168
168
Ward 2
201
206
Total
Mac Woodward
87
28
115
Ward 3
101
301
Total
Clarence W. Griffin
14
50
64
George E. Oliver
9
42
51
Ward 4
205
401
Total
Bob Tavenner
133
31
164
Tom Blackard
72
40
112
r
CITY COUNCIL MEETING MAY 17, 2005 BOOK "T"
219
Currentlythe Employee Drug Abuse Policy is covered in two (2) different sections ofthe Personnel Rules: under Chapter
10- Conduct, Section 14 "Employee Drug Abuse Policy" and Section 15 "Special Rules Regarding Use of Commercial Motor
Vehicles ". Section 14 allows for disciplinary action including termination for violation of the Employee Drug Abuse Policy,
while Section 15 provides the employee with an evaluation period and return to work clause, providing inconsistencies in our
current policy. The Ordinance would update Section 15 to allow for disciplinary action including termination that would be
consistent with Chapter 14.
Councilmember Woodward made a motion to approve Ordinance 2005-05-17.3 amending Personnel Rules Chapter 10.
Section 15, "Special Rules Regarding Use of Commercial Motor Vehicles" and Councilmember Choate seconded the motion.
The motion passed unanimously.
C. Approve two year contract with Pavers Supply for Cement Stabilized Flexible Base at $31.59 1ton (delivered) and
$26.84Aon (pickup), Pavers Supply for Flexible Base at $16.89/ton (pickup), Frost Crushed Stone for Flexible Base at
$16.42/ton (delivered), and Cleveland Asphalt for HFRS2 Emulsion at $0.8172 /gallon, as presented by Debby Mikulin,
Purchasing Coordinator and David Welch, Street Services Superintendent.
The annual contracts for concrete, cement stabilized flexible base, flexible base, and HFRS2 materials are due to
expire. These products are purchased periodically and when needed to repair and restore the City streets to meet City
and state regulations. All the contracts are for a two year period.
d. Authorize the City Manager to enter into a contract with McLain Decision Support Systems for budget software at a cost
of $22,500 for FY 2005 from the computer replacement fund, and with $47,500 to be budgeted in future years, as
presented by Winston Duke, Director of Finance.
Agenda item seeks authorization for the City Manager to enter into a contract with Kenneth P. McLain and Lewis F.
McLain, Jr. d /b /a McLain Decision Support Systems to implement budget software.
e. Approve budget amendments for FY 2004 -2005, as presented by Winston Duke.
Under the Council- adopted Budget and Fiscal Policies, transfers of greaterthan $3,000 between divisions and transfers
of greater than $3,000 from the Reserve for Future Allocation budget item require Council approval. All transfers between
divisions and transfers from the Reserve for Future Allocation budget item are reported to Council.
Operating Budgets:
Attached is detail of various Budget Adjustments to General Fund (101), Fire Equipment Replacement Fund (307), Computer
Equipment Replacement Fund (309), Police Forfeiture and Seizure Fund (611).
Capita! Budgets:
Attached is detail of Budget Adjustments to Police Building Project Fund (818).
Councilmember Tavenner made a motion to approve the budget amendments for FY 2004 -2005 as presented and
Councilmember Choate seconded the motion. The motion passed unanimously.
f. Approve the professional services contract with Moore Archeological Consulting, Inc., for the preparation and
submission of an Archeological Survey of Eastham- Thomason to the Texas Historical Commission in the amount of
$4,224.00, to be funded from budgeted and contingency funds, as presented by Mark Leonard, Community
Development Manager.
Previous archeological studies prepared by Moore Archeological Consulting for the City of Huntsville for Eastham-
Thomason Park improvements (1990 and 1999) did not include all of the areas of the Park considered for the planned
improvements to be funded by the current grant. Moore Archeological Consulting recently completed a desk -based
archeological letter report for the City of Huntsville covering park areas that include the swimming pools and expanded trail
system. The cost of the letter report was $650. The proposed study will involve a field survey and a more extensive report.
The proposed services include a budget, prepared on an invoice, cost - incurred basis, notto exceed $4,224.00. The proposed
budget is based upon two critical assumptions: 1) That the results of the investigation will be archeologically limited; that no
artifacts will be found on this survey; and 2) That shovel testing will be a sufficient and practical means of locating buried
archeological deposits. Should these assumptions prove not to be true, additional expenditures will be necessary.
g. Authorize the City Manager to enter into an agreement with Bio- Solution for the control of hydrogen sulfide gas in the
Smith Hill /Gospel Hill area, at a cost of $60,000 to be funded from budgeted funds, as presented by Theo Whiteside,
Wastewater Services Superintendent.
Council was made aware of the odor problems in this area, and committed some $60,000 to reduce or eliminate the
impact of these odors. Bio - Solutions conducted a pilot program at no cost to the city in October of 2004. With the introduction
of product, the study has shown by monitoring the system with the aid of an odor detector that sulfur causing bacteria has
been greatly reduced. Since the inception of the Bio- Solutions study, there has been only one complaint from the Smith Hill/
Gospel Hill area.
Additionally, upon completion of the conversion of the McGary Creek lift station and associated force main, this flow
currently pumped to the A.J. Brown W.W.T.P. will be re- routed to the Robinson Creek W.W.T.P, in approximately 15 to 24
months. Whereas the Smith Hill/ Gospel Hill problemwill be solved at thattime, the transferring ofthe problem to anotherarea
is being further evaluated to ascertain if there is indeed a long term solution other than continued long term chemical feed.
h. Authorize the City Managerto enter into a contractwith Grisham Construction, Inc., in the amount of $59,755.00 forthe
clearing and grubbing of the Highway 30 West Interceptor, to be funded from budgeted project funds, as presented by
Steve Stacy, City Engineer.
This project is part of the Huntsville Plan prepared in 1995. The Huntsville Plan is a wastewater system master plan that
was prepared to solve existing and future wastewater needs. The Highway 30 West Interceptor Sewer Project is just one of
the phases to complete the plan. Clearing and grubbing along the proposed sewer line route will prepare the area for
installation of sewer line in the future.
This project is a portion of the Highway 30 West Interceptor Sewer Project. As discussed above, clearing and grubbing
along the proposed sewer line route will prepare the area for installation of sewer line in the future.
Bids were received and opened on April 27, 2005, and are tabulated below.
CONTRACTOR PROJECT BID
Grisham Construction $59,755.00
Dudley Construction $115,053.26
1. Approve change order #4 for the construction contract with Grisham Construction, Inc., for an additional amount of
$172, 797.55 forthe construction of additional water and wastewater services forthe Highway 75 South Industrial Park
Project, to be paid for from budgeted funds, to be presented by Steve Stacy.
The City received a grant from the United States Department of Commerce's Economic Development Administration
(EDA) in May of 2003. The grant was for an amount of $1 million with a City match amount of $250,000 for a grand total of
$1.25 million available for the project. '..
The amendment will allow for the design of extension of the water system to Evelyn Lane and down Park Road 40 for
approximately 1,700 linear feet. Also, a grinder pump station will be designed for the statue site. This will allow the existing
aerobic system to be abandoned and all sewer associated with the statue site to be pumped into the new sewer system. This
work will be incorporated into the current construction contract by change order.
Councilmember Tavenner made a motion to approve change order #4 for the construction contract with Grisham
Construction, Inc. for an additional amount of $172,797.55 for the construction of additional water and wastewater services for
the Highway 75 South Industrial Park Proiect to be paid for from budgeted funds and Councilmember Willett seconded the
motion. The motion passed unanimously.
j. Authorize the City Manager negotiate and purchase sanitary sewer easement for the Westridge /Sumac Sewer Collector
Project, as presented by Glenn Isbell, Director of Public Services.
This item was discussed in Executive Session..
k. Authorize the City Manager to negotiate and purchase easements for water line relocations required due to TxDOT's L'
Highway 30 widening project, as presented by Glenn Isbell.
This item was discussed in Executive Session.
I. Consider and take action regarding computer software and associated legal matters.
This item was not discussed and no action taken.
MAYOR I COUNCILMEMBER 1 CITY MANAGER REPORT
a. Update on pending or contemplated litigation.
b. Update on land acquisition.
These items were discussed in Executive Session. '
C. Approve the appointment of Laura Bruns to the Main Street Program Advisory Committee.
Councilmember Woodward made a motion to appoint Laura Bruns to the Main Street Program Advisory Committee
and Councilmember Evans seconded the motion. The motion passed unanimously.
!i
PUBLIC COMMENTS
a. Gary Crawford. Mr. Crawford thanked City Council for their support and help through his tenure on City Council. li
He also thanked City staff for their support.
MEDIA
CITY COUNCIL MEETING MAY 17 2005 BOOK 'T" _ 221
None.
EXECUTIVE SESSION [7:00 p.m. — 7:35 p.m.]
I'
j RECONVENE
ij Councilmember Willett made a motion to authorize the City Manager to negotiate and purchase: 1) sanitary sewer I'
I' easement for the Westridge /Sumac sewer collector project and 2) easements for water line relocations required due to
TXDOT's Highway 30 widening project and Councilmember Kayse seconded the motion. The motion passed
unanimously."
ADJOURNMENT [7:37 p.m.]
i
Dann@ Welter, City Secretary „
I
I,