Revised:12-17-13. 2:00 p.m.

AGENDA FOR THE HUNTSVILLE CITY COUNCIL REGULAR MEETING

TO BE HELD DECEMBER 19, 2013 AT 6:00 P.M.

IN THE CITY COUNCIL CHAMBERS

CALL TO ORDER.

1.INVOCATION.

Reverend Marcell Johnson

Huntsville Hospital Department of Pastoral Care Director

2.PLEDGE OF ALLEGIANCE.

3.APPROVAL OF MINUTES

a. Regular Meeting held December 5, 2013.

(Minutes Received)

4.RESOLUTIONS AND SPECIAL RECOGNITIONS.

a. Mayor.

1.Recognition of Randolph School Boys Cross Country Team for winning Class 4A Cross Country Championship.

2.Recognition of Westminster Christian Academy Boys Cross Country Team for winning the Class 3A Cross Country

Championship.

3.Recognition of Huntsville Blue Notes.

4.Recognition of the Wreaths for Veterans Program.

b. Council.

1. Adoption and Presentation.

2. Adoption Only.

c. Other Special Recognitions.

d. Announcements.

1. Beth Sippel , Board Chair of the Women’s Business Center of North Alabama (WBCNA).(Russell)

5.BUSINESS WITH OUTSIDE LEGAL REPRESENTATION.

a.Council decision of Personnel Hearing for Mr. Brian Heath Maples (Water Pollution Control), held on December 12, 2013).(Russell)

b.Council decision of Personnel Hearing for Mr. William Sweetman (Community Development), held on December 12, 2013).(Russell)

6.PUBLIC HEARINGS.

a. Public hearings to be held.

1. Public hearing on Ordinance No. 13-882 amending ARTICLE 3-DEFINITIONS; amending ARTICLES 23, 24, 25, 40, and 44-Uses Permitted; and amending ARTICLE 73-SUPPLEMENTARY REGULATIONS, to add regulations concerning mobile food vending units.(Set November 7, 2013, Regular Council Meeting)(Planning)

2. Public hearing on Ordinance No. 13-884 rezoning property lying east of Highway 53 and on the north side of Mastin Lake Road from Commercial Industrial Park District to Highway Business C-4 District.(Set November 7, 2013, Regular Council Meeting)(Planning)

3. Public hearing on Ordinance No. 13-886 amending the approved concept plan for The Villas at Timbers Edge Planned Development (formerly Timbers Edge Second Addition Planned Development) to change the housing type from 56 quad and duplex ranch condominium units to 53 single family detached condominiums and also amending the Unified Control Agreement to reflect the new ownership of the property.(Set November 7, 2013, Regular Council Meeting)(Planning)

4. Public hearing on Ordinance No. 13-888 rezoning property lying generally on the west side of King Drake Road and north of Caldwell Lane from Planned Development-Housing District, LUI Rating 37, to Residence 1-A District.(Set November 7, 2013, Regular Council Meeting)(Planning)

5. Public hearing on Ordinance No. 13-890 zoning newly annexed land lying generally north and south of Huntsville Brownsferry Road, east of Mooresville Road and north of I-565 to Residence 1-A District, Residence 1-B District, Residence 2 District, Residence 2-B District, Neighborhood Business C-1 District, Highway Business C-4 District, Commercial Industrial Park District, Research Park Applications 2 District and Planned Industrial District and also rezoning property from Residence 2-A District to Residence 2-B District and from Residence 2-A District to Commercial Industrial Park District.(Set November 7, 2013, Regular Council Meeting)(Planning)

b. Public hearings to be set.

7.COMMUNICATIONS AND REPORTS.

a. Communications from the Public.

b. Reports

8.HUNTSVILLE UTILITIES ITEMS.

a. Resolution authorizing the approval to purchase chairs and side tables for the Downtown Main Building Lobby. (PR#10129786) (Utilities:Electric)

b. Resolution authorizing the approval for annual maintenance and support for hardware and software for telephone systems. (PR#10137685) (Utilities:Electric)

c. Resolution authorizing the approval to purchase license subscriptions for software. (PR#10137686) (Utilities: Electric)

d. Resolution authorizing the Mayor to execute an Agreement with TVA for participation in the Gas Water Heater New Homes Pilot program. (Utilities: Electric)

e. Resolution authorizing the Mayor to execute the Proposed Green Power Providers Amendatory Agreement with TVA amending the rebate portion of the agreement.(Utilities:Electric)

9.BOARD APPOINTMENTS.

a. Board Appointments to be Voted on.

1. Resolution to reappoint Barbara S. Gamble to the Educational Building Authority for the City of Huntsville-Faulkner University, for a term to expire November 12, 2019.(Nominated December 5, 2013, Regular Council Meeting)(Culver)

2. Resolution to reappoint William Emrich to the Educational Building Authority for the City of Huntsville-Westminster School, for a term to expire November 12, 2019.(Nominated December 5, 2013, Regular Council Meeting)(Culver)

3. Resolution to reappoint James Bailey to the Bingo Review Committee for a term to expire April 8, 2015.(Nominated December 5, 2013, Regular Council Meeting)(Culver)

b. Board Appointment Nominations

10.APPROVAL OF EXPENDITURES.

a. Resolution authorizing expenditures for payment.(Finance Committee)

b. Finance Committee Report.

1. Resolution approving travel for Councilman Will Culver, to attend the 2014 Alabama League of Municipalities Annual Convention held in Mobile, Alabama on May 3 – 6, 2014.(Kling)

2. Resolution approving travel for Councilman Richard Showers, Sr., to attend the 2014 Alabama League of Municipalities Annual Convention held in Mobile, Alabama on May 3 – 6, 2014.(Kling)

11.COMMUNICATIONS FROM THE MAYOR.

12.COMMUNICATIONS FROM COUNCIL MEMBERS.

Councilman Will Culver

Councilman Bill Kling

Councilman Richard Showers, Sr.

Councilman John Olshefski

Councilman Mark Russell

13.UNFINISHED BUSINESS ITEMS FOR ACTION.

a. Ordinance No. 13-959 amending Code of Ordinances, Article III, Section 15-109 of Chapter 15, Sales Tax, regarding disposition of sales and use taxes. (Introduced December 5, 2013, Regular Council Meeting)(Administration)

b. Ordinance No. 13-967 amending Section 5.7 (Appointment Status) of Ordinance No. 04-315 (Personnel Policies and Procedures Manual).(Introduced December 5, 2013, Regular Council Meeting) (Human Resources)

c. Ordinance No. 13- 968 amending Code of Ordinances, Article III, Section 15-108 of Chapter 15, Sales, Use, Rental, and Lodging Taxes regarding Sales Tax.(Introduced December 5, 2013, Regular Council Meeting)(Administration)

d. Ordinance No. 13-969 amending Code of Ordinances, Article III, Section 15-116 of Chapter 15, Sales, Use, Rental, and Lodging Tax regarding Use Tax.(Introduced December 5, 2013, Regular Council Meeting)(Administration)

14.NEW BUSINESS ITEMS FOR INTRODUCTION.

15.NEW BUSINESS ITEMS FOR CONSIDERATION OR ACTION.

a. Resolution authorizing the Mayor to enter into an agreement with the U.S. Marshals Service to accept overtime funding for officers assigned to the Regional Fugitive Task Force.(Police)

b. Resolution authorizing the Mayor to execute Change Order #1 (Final) to the agreement between the City of Huntsville and McDonald Brothers Construction for Cove Park Soccer Fields located at 864 Old Highway 431.(Facilities Projects Management)

c. Resolution authorizing the appointment of part-time Municipal Court judges.(Municipal Court)

d. Resolution authorizing the Mayor to enter into agreements with the low bidder meeting specifications as outlined in the attached Summary of Bids for Acceptance.(Finance)

e. Ordinance to amend Budget Ordinance No. 13-630 by changing the authorized personnel strength in the various departments and funds.(Finance)

f. Ordinance to amend Budget Ordinance No. 13-630 by changing appropriated funding for various departments and funds.(Finance)

g. Resolution authorizing the acceptance of donations.(Finance)

h. Resolution authorizing the Mayor to commit HOME funds to Flint River L.P. for Flint River Apartment Home upon approval of their Grant Application to the Alabama Housing Finance Authority.(Community Development)

i. Resolution authorizing the Mayor to enter into a “Memorandum of Understanding” with North Alabama Revolving Loan Fund to provide financing for microloans utilizing program income from Community Development loan repayments. (Community Development)

j. Resolution authorizing the Mayor to enter into Modification No. 2 to the agreement between the City of Huntsville and Crisis Services of North Alabama, Inc., for services to the homeless (domestic violence) population.(Community Development)

k. Resolution authorizing the Mayor to enter into a Special Employee Agreement between the City of Huntsville and Jimmy W. Wilbourn.(Traffic Engineering)

l. Resolution authorizing the Mayor to enter in an agreement for consulting services between the City of Huntsville and Jo Somers.(Traffic Engineering)

m. Resolution authorizing the City Attorney to settle the claim of Diane Davis (Claim No. FY13-143) (City Attorney)

n. Resolution dedicating certain parcels of real property as rights-of-way for Mark C. Smith Drive in Cummings Research Park.(City Attorney)

o. Resolution authorizing the Mayor to execute a Real Estate Sales Contract and Option Agreement between the City of Huntsville and Dynetics , Inc.(City Attorney)

p. Resolution authorizing the Mayor to execute a Option Agreement to Lease Real Estate between the City of Huntsville and Sealy Property Development, LLC.(City Attorney)

q. Resolution authorizing the Mayor to execute Modification No. 20 the Supplemental Development Agreement TIF5, Series 2010-B to the Annexation and Development Agreement between the City of Huntsville and L W Redstone Company, LLC.(City Attorney)

r. Resolution authorizing the Clerk-Treasurer to invoke CB&S Bank Letter of Credit No. 555582 for Anslee Farms Subdivision.(City Attorney)

s. Resolution authorizing the Mayor to amend the contract with Christopher Professional Enterprises, Inc., for Redstone Gateway Extension, Market Street and Overlook Road Relocation-Package 1F-2 Water Systems, Project No. 65-11-SP22, by Change Order No. 2.(Engineering)

t. Resolution authorizing the Mayor to amend the contract with Christopher Professional Enterprises, Inc., for Redstone Gateway Extension, Market Street and Overlook Road Relocation-Package 1F-3 Primary Communication/Primary Electrical, Project No. 65-11-SP22, by Change Order No. 2.(Engineering)

u. Resolution authorizing the Mayor to modify the agreement with Littlejohn Engineering Associates, Inc. d/b/a G. W. Jones & Sons Consulting Engineers for Holmes Avenue and Pinhook Creek Bridge Improvements, Project No. 65-04-BR07, by Modification No. 3.(Engineering)

v. Resolution authorizing the Mayor to enter into an agreement with Garver , L.L.C., for Engineering Construction Administration Services for U. S. Highway 431 Improvements, Project Nos. 65-11-TI01 & STPHV-STPAA-0001(577).(Engineering)

w. Resolution authorizing the Mayor to enter into an agreement with Garver , L.L.C., for Engineering Construction Administration Services for Holmes Avenue and Pinhook Creek Bridge Improvements, Project Nos. 65-04-BR07 & ACAA58618-DE-A195(935).(Engineering)

x. Resolution authorizing the Mayor to enter into an agreement with Johnson & Associates Consulting Engineers, Inc., for Engineering Design Services for Highway 255 Sanitary Sewer Master Plan, Project No. 65-14-SS03.(Engineering)

y. Resolution authorizing the Mayor to enter into an agreementwithTetra Tech, Inc., for On-Call Engineering Design & Construction Administration Services for Supervisory Control and Data Acquisition (SCADA) Projects, Project No. 65-14-SP03.(Water Pollution Control)

z. Request for authorization to advertise and fill the position of Environmental Specialist III, Grade 17, at higher than minimum if necessary.(Natural Resources)

aa. Resolution authorizing the Mayor to enter into an agreement with Science and Engineering Services, Inc. for the provision and use of firefighting equipment.(Fire and Rescue)

bb. Resolution authorizing the Mayor to execute a parking lease between the City of Huntsville and Broadway Westside Square, LLC.(Parking)

16.LEGAL DEPARTMENT ITEMS/TRANSACTIONS.

a. Vacation of Easements

1. Ordinance authorizing the vacation of a portion of a 5-foot Utility and Drainage Easement and Perpetual Wall Maintenance Easement, Lot 90, Eastern Shore 2 ^nd Addition.(Pollard)

2. Ordinance authorizing the vacation of a portion of a 5-foot Utility and Drainage Easement, Lot 1, 2707 University Drive.(Martin)

b. Vacation of rights-of-way

None.

c. Deeds for acceptance

1.Vacant strip on Spragins St.Huntsville Housing Authority

Acquired 12/17/2013

2.1.49 AcresJeff Parker

Acquired 11/12/2013

d. Routine bond satisfactions

None.

e. Liquor bond mortgages.

None.

17.NON-ROSTER COMMUNICATIONS FROM THE PUBLIC.

18.ADJOURN.