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MIN CC 10/03/2006CITY COUNCIL MEETING OCTOBER 3, 2006 BOOK "T" 340 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF OCTOBER 2006, 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: 'I ii COUNCILMEMBERS: OFFICERS: J. Turner Bob Tavenner Kevin Evans, City Manager' Mickey Evans Dalene Zender Danna Welter, City Secretary Melissa Mahaffey Mac Woodward Thomas Leeper, City Attorney Jack Choate Clarence Griffin Jim Willett WORK SESSION [5:15 p.m. — 5:50 p.m.] a. Victor Pena, Director of Administrative Services discussed with City Council options for the Fleet operation including hiring a new superintendent, splitting out duties between other staff, and contracting with an outside company for the operations. CALL TO ORDER 16:00 p.m.] Mayor Turner called the meeting to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Councilmember Griffin led the invocation. PUBLIC COMMENTS (Agenda Items Only) a. John Wagamon. Mr. Wagamon stated that he hoped the Economic Development Forum on Thursday would be productive and all issues and ideas would be welcomed. PUBLIC HEARING [Development Code Changes] ' a. Charles Smither. Mr. Smither spoke in opposition of several of the changes to the Development Code including the surveying requirement. CONSENT AGENDA a. Consider minutes of September 19, 2006. [ Danna Welter] Councilmember Woodward made a motion to approve the consent agenda and Councilmember Willett seconded the motion. The motion passed unanimously. STATUTORY AGENDA a. Approve Ordinance 2006 -10 -03.1, Ordinance 2006 -10 -03.2, and Ordinance 2006 -10 -03.3 amending the Development Code, the Intl. Building Code and the Intl. Residential Code to address site plans and form inspections, as recommended by the Planning & Zoning Commission, as presented by Stan Hamrick, City Planner. Over the past two years the Zoning Board of Adjustment (ZBA) has heard a number of variance cases where a structure was built or proposed over a building line or easement. Some of these are older structures built prior to our current', setback or easement standards. Some were due to error or poor field information available to the contractor or owner. The ZBA asked if something could be done to improve the situation and the Planning and Zoning Commission (P &Z) picked up the task. The following amendments are the P &Z's recommendation including a public hearing on the matter. These amendments were recommended by the Planning & Zoning Commission on September 18, 2006. Councilmember Willett made a motion to approve Ordinance 2006 -10 -03.1 and Councilmember Woodward seconded the motion. The motion passed unanimously. Councilmember Tavenner made a motion to approve Ordinances 2006 - 10.03.2 and 2006 -10 -03.3 and Councilmember Choate seconded the motion. All were in favor except Councilmember Zenner. The motion passed 8 -1. b. Approve Ordinance 2006 -10 -03.4 and Ordinance 2006 -10 -03.5 amending the Development Code and the Intl. Property Maintenance Code to address driveway maintenance, as recommended by the Planning & Zoning Commission, as presented by Stan Hamrick. Over the years there occasionally rises the question of who maintains the portion of a private driveway between the property line and the edge of the road. These amendments will help to clarify the matter and show what maintenance is required. The following amendments are the P &Z's recommendation including a public hearing on the matter. , These amendments were recommended by the Planning & Zoning Commission on September 18, 2006. Councilmember Choate made a motion to approve Ordinance 2006 -10 -03.4 and Ordinance 2006 -10 -03.5. and '.. Councilmember Tavenner seconded the motion. The motion passed unanimously. C. Authorize the City Managerto enter into a construction contractwith Grisham Construction in an amount not to exceed $122,167.69 for the construction of the Pine Hill Road Sewer Project to be funded from budgeted project and unallocated sewer funds, as presented by Steve Stacy, Director of Public Works. This project has been in the City's capital improvement project list since 1995. Money was budgeted by the City Council CITY COUNCIL MEETING OCTOBER 3, 2006 BOOK "T" a. ;i b. 341 within the capital budget for the fiscal year 2003 -04. This project was dependent upon the completion of the Majestic Forest sewer project which is complete. The existing sewer line on Pine Hill Road only serves the eastern half of the street to the top of the hill. This project will provide sewer to the remaining portion of Pine Hill Road. Originally, the project was planned to construct approximately 2,300 linear feet of sewer line at an estimated cost of $90,600. Due to the difficultly in constructing the sewer lines in the original planned project location as was anticipated in 1995, a new route was required. The need for a new route was caused by two issues. The existing homes, fences, etc. at the end of Majestic Drive would have made it difficult to construct a sewer line between the existing residences. Also, during negotiations to obtain easements, the landowner wanted the easements to be in specific locations due to plans for future development of the property. The designed alignment resulted in approximately 2,750 linear feet of sewer line. The new route also increased the depth of the proposed lines which resulted in higher construction cost. This area would have been shown on the underutilized / underserved list if money was not already budgeted. Approximately 7 residences will receive first time sewer service. Bids were received and opened on August 30, 2006, and are tabulated below. CONTRACTOR BID AMOUNT Grisham Construction $122,167.69 Doughtie Construction $154,118.56 Dudley Construction $245,795.56 FISCAL IMPACT or FUNDING SOURCE: Fiscal Impact: $122,167.69 Funding Source: Project budget $90,086 (Sewer Fund 702 - 70201- 62300, remaining balance) Recommend transferring the following remaining project balance to above project construction budget: Parker Creek WWTP Pavement Repairs $32,121 (Sewer Fund 702 - 70208- 62300, remaining balance) This would create a project balance of $122,207.00. After discussion regarding other unserved and underserved areas, a motion was made. Councilmember Zender made a motion to table this item and Councilmember Mahaffey seconded the motion. The motion passed unanimously NOTE: Councilmember Woodward did not vote due to conflict of interest. MAYOR / COUNCILMEMBER / CITY MANAGER REPORT Comprehensive Plan Action Committee (CPAC) report, as presented by Chairman Mickey Evans. Councilmember Evans thanks City Council, the CPAC, CPAC(X) and Citizens and staff for participating in the Ward Congress meetings. He stated that the Economic Development Forum this Thursday will be held at Mance Park Middle School and also another meeting on the SHSU Campus on Tuesday, October 10` ". The format for the Economic Development Forum would be to begin with introduction and ground rules. Tom Stellman with TIP Strategies would be facilitating the meeting. There will be a limit of three minutes for speakers so that we can hear everyone in the time allotted. Approve Resolution 2006 -10 -03.1 strengthening its commitment to family and youth issues, as presented by Councilmember Choate. Councilmember Choate spoke of the importance of our youth and that it is not only HISD's responsibility, but all of our responsibility. C. Consider Advisory Board appointments: Board of Adjustment and Appeals — reappoint Dan Phillips and Tom Davis; Board of Adjustment — Zoning — reappoint John Bradley, Larry Graves and Jack Olsta; Huntsville Arts Commission — reappoint Russell Martinez, Keith Williams and Hattye Owens; Huntsville Beautification Committee — reappoint David Moorman and appoint Patsy Pierce and Sue Harris; Huntsville Cemetery Advisory Board — reappoint James Patton, Nancy Powell Moore and D'Anne Crews, and appoint Percy Howard and Gene Barrett; Huntsville Economic Development Council — reappoint Bill Hodges, Wendell Baker, Jr., Ralph Beaty and George Miles: Huntsville Housing Authority — reappoint Darryl Gardner and Johnnie Lipscomb; Huntsville Main Street Advisory Committee — reappoint Cheryl Spencer and Ed Owens, Jr., and appoint Fern Frosch; Huntsville Public Library Board — appoint Terry Stivers and Betty Higgins; Parks and Recreation Advisory Board — reappoint Dorothy Shandera and appoint Lee Woodward; Planning and Zoning Commission — Reappoint Marilyn Softer, Eric Johnston and Dave Brinson; Police Promotional Review Board — reappoint Walter Bennett; Youth Advisory Board — reappoint Mary Robbins and four youth. Councilmember Woodward made a motion to approve the Mayor's board and commission appointments and Councilmember Choate seconded the motion. The motion passed unanimously. Discuss and take action for nominations for the Tax Increment Reinvestment Zone #1. CITY COUNCIL MEETING OCTOBER 3, 2006 BOOK "T" 342 seconded the motion. The motion passed unanimously. e. Discuss evaluation of Charter Officers. This item was discussed in Executive Session. PUBLIC COMMENTS a. Kelly Prew. Ms. Prew stated she was the YMCA President and encouraged City Council to come and visit the Teen Center. 20 -50 kids a day are using the facility. Parents are getting involved and the Center is running well. It is l' now a bus stop for children coming from Mance Park Middle School and Huntsville High School. b. William Powell. Mr. Powell, with Habitat for Humanity encouraged City Council to put up for sale the three lots it 1, owns on 9" Street at Avenue H. He talked about the families that have been helped by Habitat. C. Charles Wagamon. Mr. Wagamon spoke regarding the taxi ordinance and his experience during an accident. He stated that the tow truck driver would not take his vehicle to the dealership for repair, but stated that it had to go to the wrecker yard first. Mr. Wagamon did not understand and asked if this was stated in the ordinance. J. President, Boys and Girls Club. He congratulated City Council on unanimously approving the resolution supporting . youth and family issues. e. Dr. Prier. Dr. Prier stated that he was proud of City Council for the resolution supporting youth and family. He also stated that a Diversity Forum would be held on Monday at 7:00 pm at Wesley Memorial Methodist Church to discuss these issues. MEDIA None. it EXECUTIVE SESSION [7:30 p.m. -8:05 p.m.] City Council met in Executive Session to discuss the evaluation of the Charter Officers. ADJOURNMENT [8:05 p.m.] Danna Secretary L 1