Revised: 04-23-13, 2:00 P.M.
AGENDA FOR THE
HUNTSVILLE CITY COUNCIL REGULAR MEETING
TO BE HELD APRIL 25,
2013 AT 6:00 P.M.
IN THE CITY COUNCIL
CHAMBERS
CALL TO ORDER.
1. INVOCATION.
Pastor Dennis R. Fakes, Sr.
St. Mark’s Lutheran Church
2. PLEDGE OF
ALLEGIANCE.
3. APPROVAL OF
MINUTES
a.
Regular
Meeting held April 11, 2013.
(Minutes Received)
4. RESOLUTIONS AND
SPECIAL RECOGNITIONS.
a.
Mayor.
1. Recognition
of the Madison Academy Boys Basketball Team for winning the Class 3A Boy’s
State Basketball Championship
2. Recognition of Krystle Johnson- Class 6A Girls State Basketball Coach of
the Year.
3. Recognition of Pat
Wynn as Southeastern Region Boys & Girls Club Director of the Year.
b. Council.
1.
Adoption
and Presentation.
a.
Resolution congratulating Mr. Michal Lundy, Executive
Director, Huntsville Housing Authority.
(Showers)
b.
Resolution recognizing Mr.
James J. Marek, for his numerous years of past and all future public service
devoted to the Merrimack Mill Village neighborhood and having a park in the
Merrimack Mill Village named in his honor.
(Kling)
c.
Resolution congratulating Mr.
Robert B. Culver, Executive Director, Top of Alabama Regional Council of
Governments (TARCOG), upon his retirement.
(Kling/Showers).
2. Adoption
Only.
a.
Resolution congratulating Dr. Harriett S. Littlepage, Deputy Director Business Management
Directorate, U. S. Army Aviation and
Missile Command Logistics Center, upon her Retirement Celebration, with more
than 39 years of outstanding experience with the Department of the Army, held
on May 2, 2013, Summit, Redstone Arsenal, Alabama. (Showers)
b.
Resolution 13-244 recognizing the Nexus Energy Center located on Old Madison Pike for their contributions to the city
since its inception on January 10, 2010, teaching and training businesses and
citizens the importance and economics of clean energy application. (Postponed April
11, 2013 Regular Council Meeting to April 25, 2013) (Culver) DELETED
c.
Resolution welcoming
Mr. Kevin Bond-Multi-Grammy Award
Winner, and congratulating Pastors Anthony and Sa’Brina Wheeler,
Founders and Senior Pastor of the Beacon Hill Worship Center located in
Madison, Alabama on the occasion of their 8th Church Anniversary, May
3, 2013. (Showers)
c. Other Special Recognitions.
d. Announcements.
5. BUSINESS WITH
OUTSIDE LEGAL REPRESENTATION.
6. PUBLIC
HEARINGS.
a.
Public hearings to be held.
1.
Ordinance No. 13-182 zoning
newly annexed property lying on the south side of Caldwell Lane and east of
U.S. Highway 431 South to Residence 1-A District and Residence 1-B
District. (Set March 14, 2013 Regular
Council Meeting) (Planning)
b.
Public
hearings to be set.
1. Public Hearing on a
Resolution authorizing the City Clerk Treasurer to assess the cost of the
boarding and securing against certain properties. (Community Development)
7. COMMUNICATIONS
AND REPORTS.
a.
Communications from the Public.
b.
Reports
8. HUNTSVILLE
UTILITIES ITEMS.
a. Ordinance 13-249 revising
Ordinance No. 95-305 Sec. 26-632 to allow water billing adjustments for
undetected leaks to be based upon the customer’s average monthly usage, with
usage above the monthly average being billed at the lowest residential water
rate. (Introduced April 11, 2013 Regular Council Meeting)
(Utilities: Water)
9. BOARD
APPOINTMENTS.
a.
Board
Appointments to be Voted on.
1.
Resolution to appoint Billy
Lennox to the Community Development Citizens Advisory Council, for a term to
expire April 28, 2016. (Nominated April
11, 2013 Regular Meeting) (Kling)
2.
Resolution to reappoint Charles
Grainger to the Industrial Development Board of the City of Huntsville, for a
term to expire May 27, 2019. (Nominated
April 11, 2013 Regular Meeting) (Kling)
3.
Resolution to reappoint Barbara
Buice to the Industrial Development Board of the City of Huntsville, for a term
to expire May 27, 2019. (Nominated April
11, 2013 Regular Meeting) (Kling)
4.
Resolution to reappoint W.F.
Sanders to the Industrial Development Board of the City of Huntsville, for a
term to expire May 27, 2019. (Nominated
April 11, 2013 Regular Meeting) (Kling)
5.
Resolution to appoint Clarene Johnson to the Human Relations Commission of the
City of Huntsville, Alabama. (Nominated
April 11, 2013 Regular Meeting)
(Showers)
b.
Board
Appointment Nominations
1.
Nomination
to reappoint Robert L. Stagg to the Huntsville-Madison County Convention & Visitors Bureau Board
of Directors for a term to expire April 11, 2017. (Russell)
2.
Nomination
to reappoint Ernest A. Young to the Huntsville-Madison County Convention &
Visitors Bureau Board of Directors for a term to expire April 11, 2016. (Russell)
10. APPROVAL OF
EXPENDITURES.
a.
Resolution authorizing
expenditures for payment. (Finance
Committee)
b.
Finance
Committee Report.
11. COMMUNICATIONS
FROM THE MAYOR.
12. COMMUNICATIONS FROM COUNCIL MEMBERS.
Councilman John Olshefski
Councilman Will Culver
Councilman Bill Kling
Councilman Richard Showers, Sr.
Councilman Mark Russell
13. UNFINISHED
BUSINESS ITEMS FOR ACTION.
a.
Ordinance 13-252 concerning
the repeal of Ordinance No. 09-231, adopted April 23, 2009, which amended the
Zoning Ordinance of the City of Huntsville. (Introduced April 11, 2013 Regular
Council Meeting). (Planning).
b.
Ordinance 13-254 to amend
Subsection 8.19 of the City of Huntsville Personnel Policies and Procedures
Manual adopted by Ordinance No. 04-315 regarding Longevity Pay benefits. (Introduced
April 11, 2013 Regular Council Meeting)
(Showers).
c.
Ordinance No. 13-189
Substitute A amending Chapter 23,
Article VI, of the Code of Ordinances, concerning organized events. (Introduced March 14, 2013 Regular Council
Meeting) (Postponed March 28, 2013 Regular Council Meeting till April 25, 2013)
(Police)
14. NEW
BUSINESS ITEMS FOR INTRODUCTION.
a.
Introduction of an Ordinance
concerning the annexation of land lying west of U.S. Highway 431 South and on
the north side of Deaton Road.
(Planning)
15. NEW
BUSINESS ITEMS FOR CONSIDERATION OR ACTION.
a. Request for authorization to
fill Safety Dispatcher vacancies.
(Police)
b. Ordinance
declaring property as surplus authorizing the donation of said property to
Calhoun Community College. (Police)
c. Ordinance
declaring property as surplus authorizing the donation of said property to City
of New Hope, Alabama. (Police)
d. Ordinance
declaring property as surplus authorizing the donation of said property to City
of Anderson, Alabama. (Police)
e. Resolution authorizing the City
Attorney to settle the worker’s compensation claim of Larry Douglas, Civil Case
Number CV-2011-729. (City Attorney)
f. Resolution
authorizing the City Attorney to settle the claim of Tyler Bright (Claim
FY11-110). (City Attorney)
g. Resolution
authorizing the City Attorney to seek a forfeiture of the surety bond issued by
Western Surety Company. (City Attorney)
h. Resolution
authorizing the Mayor to enter into a Lease Agreement between the City of
Huntsville and Twickenham Square Ventures, LLC, for Pelham Avenue Air Space and
Rights. (City Attorney)
i. Resolution
authorizing the Mayor enter into a Ground Lessor’s Estoppel Agreement between
the City of Huntsville and Propst Broadway, LLC. (City Attorney)
j. Resolution
authorizing the Mayor to enter into a Lessor’s Estoppel Agreement between the
City of Huntsville and Propst Broadway, LLC.
(City Attorney)
k. Resolution
authorizing the Mayor to enter into a Ratification Agreement between the City
of Huntsville and 305 Church St. SW Holdings, LLC. (City Attorney)
l. Resolution authorizing the
Mayor to enter into a Sale and Assignment Agreement between the City of
Huntsville and Lowe Mill Development, LLC.
(City Attorney)
m. Resolution
authorizing the Clerk Treasurer to invoke Southpoint Bank Letter of Credit No.
95002507 for Nature’s Landing at the Reserve Phase 3
Subdivision. (City Attorney)
n. Resolution authorizing
the Clerk Treasurer to invoke Cadence Bank Letter of Credit No. 2022 for The
Cottages at Indian Lake Subdivision.
(City Attorney)
o. Resolution
authorizing the Clerk Treasurer to invoke BB & T Bank Letter of Credit No.
1293 for Pavilion Subdivision Phase II.
(City Attorney)DELETED
p. Resolution
authorizing eminent domain proceedings for fee simple title to certain
rights-of-way and temporary construction easements on, over and upon certain
parcels of land for Downtown Gateway Project. (City Attorney)
q. Resolution authorizing the
Mayor to enter into an Agreement between the City of Huntsville and SKT
Architects, P.C. for Architectural Services for the New Fire Station #6 located
on Drake Avenue. (Facilities Projects
Management)
r. Resolution Authorizing the Mayor to enter an agreement between the City of
Huntsville and Hodnett Hurst Engineers, Inc. for Engineering
Services.(Facilities Projects Management)
s.
Resolution authorizing the
Mayor to execute a Subordination Agreement between the City of Huntsville and
Amerigroup Mortgage Corporation in connection with HOME DAP Funds provided for
the purchase of 2902 Battle Drive, AL
35816. (Community Development)
t.
Resolution authorizing the
Mayor to amend the contract with APAC Mid-South, Inc. for Christopher Drive
Left Turn Lane from U. S. Highway 72, Project No. 65-12-TI03, by Change Order
No. 1. (Engineering)
u.
Resolution authorizing the
Mayor to enter into an agreement with Volkert, Inc. for Engineering Services
for Evaluation of Downtown Street Network for Revitalization, Project No.
65-13-TI03. (Engineering)
v.
Resolution authorizing the
Mayor to enter into an agreement with the low bidder, Reed Contracting
Services, Inc. for Rodgers Drive Drainage Improvements, Project No.
65-13-DM17. (Engineering)
w.
Resolution authorizing the
Mayor to enter into an agreement with Arcadis U. S., Inc. for Engineering
Design Services for Dallas Branch/Pinhook Creek, Phase I, Project No.
65-13-DR03. (Engineering)
x.
Resolution authorizing the
Mayor to modify the agreement with Johnson & Associates Consulting
Engineers, L.L.C. for Engineering Design & Construction Administration
Services for Carmichael Park, Project No. 65-12-DM25, by Modification No.
1. (Public Works)
y.
Resolution authorizing an
Agreement for Preliminary Engineering, Right of Way Acquisition, and
Construction between the State of Alabama and the City of Huntsville regarding
Project IAR-045-000-009; Improvements to SR-255 (Bob Wade Lane) that include a
new truck entrance and additional lanes to benefit Toyota Manufacturing,
Alabama, Inc. in the City of Huntsville.
(Planning)
z. Resolution
authorizing the Mayor to execute a Development Agreement between the City of
Huntsville and Wright Homes, LLC, in connection with the Meadows at Hampton
Cove. (Engineering)
aa.
Resolution authorizing the City
of Huntsville to enter into an Agreement with Middle Tennessee Boxer
Rescue. (Animal Services)
bb.
Resolution authorizing the
Mayor to enter into Agreements with the low bidders meeting specifications as
outlined in the attached Summary of Bids for Acceptance. (Finance)
cc.
Ordinance to amend Budget
Ordinance No. 12-768 by changing appropriated funding for various departments
and funds. (Finance)
dd.
Resolution authorizing the
acceptance of donations. (Finance)
ee.
Request for authorization to
advertise and fill five (5) temporary part-time Recreation Aide positions and
one (1) regular full-time General Clerk III.
(Parks and Recreation)
ff.
Resolution authorizing an Agreement with the
Arts Council for Concerts in the Park.
(Parks and Recreation)
gg. Resolution authorizing the
Mayor to enter into a Lease Agreement between the City of Huntsville and
Brimstone Productions, Inc. (Parks and Recreation)
hh.
Resolution authorizing the Mayor to periodically enter into a Regional
Training Center Agreement between The City of Huntsville and the Alabama Fire
College and Personnel Standards Commission.
(Fire and Rescue)
ii.
Request for authorization to
advertise and fill the budgeted vacant position of Drug Lab Technician, Grade
10, at higher than minimum if necessary.
(Municipal Court)
jj.
Resolution
authorizing the Mayor to enter into an Agreement with the Morgan County,
Alabama Commission for the transfer of grant funds. (Emergency Management)
kk.
Ordinance declaring certain
equipment as surplus and to be sold at auction.
(Fleet Management)
16. LEGAL
DEPARTMENT ITEMS/TRANSACTIONS.
a.
Vacation of Easements
None.
b.
Vacation of rights-of-way
None.
c.
Deeds for acceptance
1.
Sanitary Sewer Easement Propst Development County Line Road,
LLC
Acquired
3/9/2013
d.
Routine bond satisfactions
None.
e.
Liquor bond mortgages.
None.
17. NON-ROSTER COMMUNICATIONS FROM THE
PUBLIC.
18. ADJOURN.