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. Re cognition 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 c ity since its inception on January 10, 2010, teaching and training businesses and citizens the importance and economics of clean energy application. (PostponedApril11, 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 8 th 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 April11 , 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-MadisonCounty 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 April11, 2013 Regular Council Meeting) (Showers).

    c. Ordinance No. 13-189 Substitute Aamending 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, AL35816.(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.

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