Revised: 06-09-09 (2:00
p.m.)
AGENDA FOR THE
TO BE HELD JUNE 11, 2009 AT 6:00 P.M.
IN THE CITY COUNCIL CHAMBERS
CALL TO ORDER.
1. INVOCATION.
Councilman
Will Culver
District
Five Representative
2. PLEDGE OF
ALLEGIANCE.
3. APPROVAL OF
MINUTES
a. Regular
Meeting held May 28, 2009.
(Minutes
Received)
4. RESOLUTIONS
AND SPECIAL RECOGNITIONS.
a. Mayor.
1.
Joint
Resolution recognizing the week of June 15 – 19, 2009 as Community Changers
Week in Huntsville, Alabama.
2.
Joint
Resolution recognizing the week of June 22 – 26, 2009 as World Changers Week in
Huntsville, Alabama.
b. Council.
1. Adoption and
Presentation.
2. Adoption
Only.
c. Other
Special Recognitions.
d. Announcements.
5. BUSINESS
WITH OUTSIDE LEGAL REPRESENTATION.
6. PUBLIC
HEARINGS.
a. Public
hearings to be held.
1. Public
hearing for suspension of licensure for Valley Pools. (Set May 28, 2009 Regular Council
Meeting) (Clerk Treasurer)
2. Public
hearing for suspension of licensure for James C. Maddox. (Set May 28, 2009
Regular Council Meeting) (City Treasurer)
3. Public
hearing on a resolution authorizing the City Clerk Treasurer to assess the cost
of cutting and removing of grass and weeds against certain properties. (Community Development)
b. Public
Hearings to be Set
1.
Resolution
to set a public hearing on an ordinance zoning newly annexed land lying on the
south side of University Drive, east of Slaughter Road and north of Castle
Drive to Highway Business C-4 District. (Set
July 23, 2009 Regular Council Meeting) (Planning)
2.
Resolution
to set a public hearing on an ordinance amending
ARTICLE 23 – GENERAL BUSINESS C-3
DISTRICT REGULATIONS, Section 23.2 – Density Controls, by amending subsections
23.3(2), 23.2(3) and 23.2(4) and adds new Section 23.6 – Historic District
Buffer Zone Density Controls and Design Guidelines in the City of Huntsville
Zoning Ordinance. (Set July 23, 2009
Regular Council Meeting) (Planning)
7. COMMUNICATIONS
AND REPORTS.
a. Communications
from the Public.
b. Reports
8.
a.
Resolution
authorizing the emergency storm recovery work to be done from the storm on
4/13/2009. (W.O. 28540-ES) (Utilities:
Electric)
b.
Resolution
authorizing the contract with Custom Engineering Solutions to perform a 46kV
system study. (W.O. 28560-G)
(Utilities: Electric)
c.
Resolution
authorizing the installation of 2250’ of feeder circuits and 3-phase
distribution system to provide 2 new circuits out of the Thornton substation on
Quality Circle. (W.O. 28611-G)
(Utilities: Electric)
d.
Resolution
authorizing the services of a contractor to apply TGR (Tree Growth Retardant)
to trees selected for treatment by Huntsville Utilities Line Clearance
Planners. (P.R. wj042009-001) (Utilities:
Electric)
e.
Resolution
authorizing the purchase of a relay test set.
(P.R. WKH-051409-01) (Utilities: Electric)
f.
Resolution
authorizing the Mayor to execute an agreement with TVA, to allow Huntsville
Utilities to offer the Seasonal Time of Use (STOU) Pilot to eligible
customers. (Utilities: Electric)
g.
Resolution
authorizing the Mayor to execute a new Tri-Party Agreement among, TVA, the City
of Huntsville and Vulcan Materials to allow participation in the Summer Time
of Use (STOU) Pilot Program. (Utilities:
Electric)
9. BOARD
APPOINTMENTS.
a. Board
Appointments to be Voted on.
1.
Resolution
to appoint Ms. Dorothy Threlkeld to the Beautification Board for a term to
expire February 10, 2011. (Moon)
b. Board
Appointment Nominations.
1.
Nomination
of Mr. Richard Crunkleton for appointment to the Museum Board for a term to
expire May 9, 2015. (Russell)
10. APPROVAL OF
EXPENDITURES.
a. Resolution
authorizing the expenditures for payments.
(Finance Committee)
b. Finance
Committee Report.
11. COMMUNICATIONS
FROM THE MAYOR.
12. COMMUNICATIONS
FROM COUNCIL MEMBERS.
Councilman
Russell
Councilwoman
Moon
Councilman
Kling
Councilman
Culver
Councilman
Showers
13. UNFINISHED
BUSINESS ITEMS FOR ACTION.
a.
Resolution
No. 09-455 concerning the City renewing the guarantee to Superior
Bank’s $300,000 loan to Condominium
Development Partners, LLC, for the Mirabeau Gated Community, for a period of
not more than one year from the date Superior Bank renews or reissues its
$300,000 loan to Condominium Development Partners, Inc. (Introduced May 14, 2009 Regular Council
Meeting) (Postponed May 28, 2009 Regular
Council Meeting till June 11, 2009 Regular Council Meeting) (Administration)
b.
Resolution No. 09-470, authorizing the City Attorney
to issue a Notice of Default and Opportunity to Cure to Mirabeau, LP, and Great
American Housing Partners, LLC, to obtain reimbursement of ad valorem taxes
paid by the City in connection with real property known as Mirabeau Gated
Community. (Introduced May 28, 2009
Regular Council Meeting) (Administration)
c.
Resolution No. 09-471, concerning the
annexation of land lying on the south side of Blake Bottom Road and the west
side of Alabama Highway 53. (Introduced
May 28, 2009 Regular Council Meeting) (Planning)
d.
Ordinance No. 09-472, concerning the
annexation of land lying on the north side of Old Highway 20 and the east side
of Powell Road. (Introduced May 28, 2009
Regular Council Meeting) (Planning)
e.
Ordinance
No. 09-473, to amend Speed Limit Ordinance No. 08-347, adopted and approved on
April 22, 2008. ((Introduced May 28,
2009 Regular Council Meeting) Traffic
Engineering)
14. NEW
BUSINESS ITEMS FOR INTRODUCTION.
a.
Introduction
of an ordinance to amend Article I, of Chapter 6, Aviation, of the Code of
Ordinances, City of Huntsville, Alabama.
(Police)
15. NEW
BUSINESS ITEMS FOR CONSIDERATION OR ACTION.
a.
Resolution
authorizing the Mayor to enter into a Cost Reimbursement Agreement with the
Northeast Alabama Traffic Safety Office for an additional $1,000.00 for traffic
enforcement duties. (Police)
b.
Resolution
authorizing the Mayor to enter into a Memorandum of Understanding between the
City of Huntsville and the Madison County Commission for the Recovery Act: Edward Byrne Memorial Justice Assistance
(JAG) Grant. (Police)
c.
Resolution
authorizing the Mayor to enter into a Memorandum of Understanding between the
City of Huntsville and the City of Madison for the Recovery Act: Edward Byrne Memorial Justice Assistance
(JAG) Grant. (Police)
d.
Resolution
authorizing the Mayor to apply for a U.S. Department of Energy FY 2009 Energy
Efficiency and Conservation Block Grant in the amount of $1,784,100.00 with no
matching funds. (General Services)
e.
Resolution
authorizing the Mayor to execute Change Order No. 1 between the City of
Huntsville and Pearce Construction Company for Maple Hill Cemetery Maintenance
Building. (General Services)
f.
Resolution
honoring all Alabama Firefighters and Emergency/Medical Personnel. (Fire & Rescue)
g.
Resolution authorizing the Mayor to submit an
Amendment for the CDBG-R Funds to the Community Development Action Plan for
FY08 to HUD. (Community Development)
h.
Resolution
to amend the agreement with the Pathfinder for Emergency Shelter Grant
Funds. (Community Development)
i.
Resolution
authorizing the Mayor to enter into a Modification No. 1 to the
Agreement Between the City of Huntsville, Alabama and GreenCiti, LLC for Lowe
Mill Village Neighborhood Revitalization, Resolution 09-413, adopted and
approved on April 23, 2009. (Community Development)
j.
Resolution
authorizing the Mayor to execute an agreement between the City of Huntsville
and Dunlap Contracting Inc., for the construction of (8) eight 10’x16’ and (2)
two 18’x36’ Pavilions at Creekwood Park located at 360 Harvestwood Court. (Facilities Projects Management)
k.
Resolution
authorizing the Clerk Treasurer to invoke First American Bank letter of credit
no. 1600 for Lanier Lakes Subdivision.
(City Attorney)
l.
Resolution
authorizing the Clerk Treasurer to invoke First American Bank letter of credit
no. 1808 for Legacy Preserve Subdivision.
(City Attorney)
m.
Resolution
authorizing the Clerk Treasurer to invoke First Commercial Bank letter of
credit no. 966 for Hawks Ridge 4th Addition Subdivision. (City Attorney)
n.
Resolution
authorizing the Clerk Treasurer to invoke RBS Bank letter of credit no.
SB004168 for Cypress Gardens at Lake Forest Subdivision. (City Attorney)
o.
Resolution
authorizing the Clerk Treasurer to invoke Compass Bank letter of credit no. S28351A
for Churchill Park Phase III Subdivision.
(City Attorney)
p.
Resolution
authorizing the Clerk Treasurer to invoke First American bank letter of credit
no. 2227 for Maple Ridge Subdivision.
(City Attorney)
q.
Resolution
authorizing the Clerk Treasurer to invoke First American bank letter of credit
no. 2050 for The Village at overland Cove Subdivision. (City Attorney)
r.
Resolution
authorizing the Mayor to amend a contract with the Alabama Department of Public
Health for the Strategic National Stockpile program. (Emergency
Managment)
s.
Resolution
authorizing the acceptance of the Emergency Management Program Grant (EMPG)
from the Alabama Emergency Management Agency totaling $108,626.00. (Emergency Management)
t.
Resolution
authorizing the Mayor to enter into a Contract between the City of Huntsville
and FirstWatch Solutions, Inc.
(Emergency Management)
u.
Resolution
authorizing the Mayor to enter into a contract with the Winston County
Commission for SNS support and review.
(Emergency Management)
v.
Resolution
authorizing the Mayor to enter into an agreement with the Morgan County
Commission for SNS support and review.
(Emergency Management)
w.
Resolution
authorizing the Mayor to enter into an agreement with the Marshall County
Commission for SNS support and review.
(Emergency Management)
x.
Resolution
authorizing the Mayor to enter into an agreement with the Limestone County
Commission for SNS support and review.
(Emergency Management)
y.
Resolution
authorizing the Mayor to enter into an agreement with the Lawrence County
Commission for SNS support and review.
(Emergency Management)
z.
Resolution
authorizing the Mayor to enter into an agreement with the Lauderdale County
Commission for SNS support and review.
(Emergency Management)
aa.
Resolution
authorizing the Mayor to enter into an agreement with the Jackson County
Commission for SNS support and review.
(Emergency Management)
bb.
Resolution
authorizing the Mayor to enter into an agreement with the Franklin County
Commission for SNS support and review.
(Emergency Management)
cc.
Resolution
authorizing the Mayor to enter into an agreement with the DeKalb County
Commission for SNS support and review.
(Emergency Management)
dd.
Resolution
authorizing the Mayor to enter into an agreement with the Cullman County
Commission for SNS support and review.
(Emergency Management)
ee.
Resolution
authorizing the Mayor to enter into an agreement with the Cherokee County
Commission for SNS support and review.
(Emergency Management)
ff.
Resolution
authorizing the acceptance of donations.
(Finance)
gg.
Ordinance
to amend Budget Ordinance No. 08-1233, by changing appropriated funding within
various departments and funds. (Finance)
hh.
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)
ii.
Ordinance
declaring certain equipment surplus and to be sold at auction. (Public Works)
jj.
Resolution
authorizing the Mayor to enter into an agreement with Gallet &
Associates for Construction Materials Testing Services for Western Area Interceptor, Phase
II, Project No. 65- 09-SM04.
(Engineering)
kk.
Resolution
authorizing the Mayor to enter into an agreement with Garver,
L.L.C. for Survey Services for Little
Cove Road Improvements, Project No. STPTE-TE05(940) & COH Project No. 65-04-RD06.
(Engineering)
ll.
Resolution
authorizing the Mayor to enter into an agreement with Garver,
L.L.C. for Survey Services for Little
Cove Greenway, Project No. STPTE-TE05(940) & COH Project No.
65-04-RD06. (Engineering)
mm.
Resolution
authorizing the Mayor to enter into an agreement with MWH Americas, Inc. for
Construction Administration Services for Sewer Rehabilitation Construction
Program On-Call Inspection Services,
Project No. 65-09-SP21. (Engineering) DELETED
nn.
Resolution
authorizing the Mayor to enter into an agreement with MWH Americas, Inc. for
Engineering Services for Spring Branch WWTP Digester Gas Management and System
Rehabilitation, Project No. 65-09-SP20.
(Water Pollution Control)
oo.
Resolution
authorizing the Mayor to enter into an agreement with Garver, L.L.C. for
Engineering Design Services for WPC
Sanitary Sewer Pipe Replacement, Project No. 65-09-SP19. (Water Pollution Control)
pp.
Resolution
authorizing the Mayor to enter into an agreement with the low bidder, Commerce
Controls, Inc. for Sewage Lift Stations
Radio Network, Project No. CS-010-307-11-01.
(Water Pollution Control)
qq.
Resolution
authorizing the Mayor to enter into an agreement with the low bidder, LTS Construction, LLC, for
Periodic Bid for Emergency Pipe Bursting, Project No. 65-09-SP16. (Water Pollution Control)
rr.
Resolution
authorizing the Mayor to enter into an agreement with Barge, Waggoner, Sumner &
Cannon, Inc. for Engineering Design Services for 2009 Resurfacing Program (ARRA
Funds), Phase I & Phase II, Project No. 65-09-RR03. (Public Works)
ss.
Resolution
authorizing a Lease Agreement between the City of Huntsville and DSF, LLC d/b/a
Downtown Summer Fest. (Administration)
16. LEGAL
DEPARTMENT ITEMS/TRANSACTIONS.
a. Vacation of
Easements
None.
b. Vacation of
rights-of-way
1a. Resolution
consenting to the vacation of the Right-of-way, McMullen Lane, McMullen
Cove. (Enfinger Steele Development,
Inc.)
1.b. Ordinance
authorizing the vacation of the Right-of-way, McMullen Lane, McMullen
Cove. (Enfinger Steele Development,
Inc.)
NANCE ROAD
IMPROVEMENTS PROJECT
PROJECT NO.:
65-08-RD02
1.
Parcels
# 5 & 6 ROY
T. MCCRARY and wife, JOAN C.
Right-of-Way Deed and MCCRARY, and WILLAIM P. MCCRARY
Utility and Drainage Easement and wife, BETTY MCCRARY
Acquired
03/24/2009
2.
Parcel
# 7 WILLIAM
P. MCCRARY and wife,
Right-of-Way Deed, Utility and BETTY MCCRARY
Drainage Easement, and Temporary Acquired
03/24/2009
Construction Easement
3.
Parcel
# 8 ROY
T. MCCRARY and wife, JOAN C.
Right-of-Way Deed, Utility and MCCRARY, and WILLAIM P. MCCRARY
Drainage Easement and Temporary and wife, BETTY MCCRARY
Construction Easement Acquired 03/24/2009
4.
Parcel
# 11 ROY
T. MCCRARY and wife, JOAN C.
Right-of-Way Deed, Utility and MCCRARY
Drainage Easement, and Temporary Acquired
03/24/2009
Construction Easement
5.
Parcel
# 12 WILLIAM
P. MCCRARY and wife,
Right-of-Way Deed and Utility & BETTY MCCRARY and ROY T.
Drainage Easement MCCRARY and wife, JOAN C. MCCRARY
Acquired
03/24/2009
6.
Parcel
# 13 IREDELL,
LLC, a limited liability company
Right-of-Way Deed and Utility & Acquired 03/24/2009
Drainage Easement
7.
Parcel # 14 WILLIAM
P. MCCRARY and wife,
Right-of-Way Deed and Utility & BETTY MCCRARY and ROY T.
Drainage Easement MCCRAY and wife, JOAN C. MCCRARY
Acquired
03/24/2009
8.
Parcel
# 15 IREDELL,
LLC, a limited liability company
Right-of-Way Deed & Utility and Acquired 03/24/2009
Drainage Easement
9.
Parcel
# 16 HORACE N. STRONG and wife, JUDY
Right-of-Way Deed, Utility & STRONG
Drainage Easement, & Temporary Acquired 05/13/2009
Construction Easement
10.
Parcel
# 17 HORACE
STRONG and sister, MYRNA
Grant of Temporary Construction STRONG
Easement Acquired
05/13/2009
CHURCH STREET
EXPANSION PROJECT
PROJECT NO.:
STPHV-8540 (600)
11.
Parcel
# 74 CHARLES
W. ZAVADIL and wife,
SALLY
ZAVADIL
Acquired
05/14/2009
MERIDIAN STREET PHASE
I
PROJECT NO.
STPOA-8539 (001)
12.
Parcel
# 33 ARTHUR
PATTERSON and wife,
BETTYE
PATTERSON
Acquired
05/15/2009
WESTERN AREA
INTERCEPTOR SEWER EXTENSION (B&W)
PROJECT NO.:
65-07-SS07
13.
Parcel
# 5 EVELYN
POWELL COLE, a widowed
Sanitary Sewer Easement woman, FRED G. COLE, a married man,
& Temporary Construction DANNY B. COLE, a married man, JAMES
Easement POWELL
COLE, a married man, and
CATHY BAUGHER
Acquired
05/18/2009
BIG COVE PROPERTIES
SOUTH, LLC
14.
Utility
& Drainage Easement BIG COVE
PROPERTIES SOUTH, LLC
Acquired 06/12/2008
GRAND LAKE
SUBDIVISION
15.
Utility
& Drainage Easement TIMBERLAKES
DEVELOPERS, INC.
Acquired
04/30/2009
16.
Pump
Station TIMBERLAKES
DEVELOPERS, INC.
Acquired 04/30/2009
d. Routine bond
satisfactions
None.
e. Liquor bond
mortgages
None.
17. NON-ROSTER
COMMUNICATIONS FROM THE PUBLIC.
18. ADJOURN.