0001
1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD THURSDAY, SEPTEMBER 8, 2005
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on Thursday, September 8, 2005, at 6 p.m.,
7 in the Council Chambers of the Municipal Building, there being
8 present:
9 President Pro Tem: Kling
10 Councilpersons: Moon, Russell
11 Absent: Watson, Showers
12 Mayor: Absent
13 Administrative Assistant: Hatfield
14 City Attorney: Joffrion
15 City Clerk-Treasurer: Hagood
16 President Pro Tem Kling called the meeting to order.
17 Rev. Michael Jones of St. James Cumberland Presbyterian Church in
18 America led the invocation; Councilman Russell led the pledge of
19 allegiance.
20 President Pro Tem Kling stated that President Showers,
21 Councilman Watson, and Mayor Spencer would not be present for the
22 meeting.
23 The minutes of the regular meeting of the Council on
24 August 23, 2005, were approved as submitted.
25 President Pro Tem Kling read and introduced a resolution
26 commemorating the life of Mr. Roy Jacks, a longtime merchant, for
27 his humanitarian efforts, as follows:
28 (RESOLUTION NO. 05-741)
29 President Pro Tem Kling moved for approval of the foregoing
30 resolution, which motion was duly seconded by Councilman Russell,
0002
1 and was unanimously adopted by the Council members present.
2 President Pro Tem Kling presented a copy of the resolution
3 to Mrs. Roy Jacks, expressing appreciation for the many
4 contributions of Mr. Jacks to the community.
5 President Pro Tem Kling read and introduced a resolution
6 honoring Mr. Marvin H. Sutton, a/k/a "Mayor of College Park," a
7 unique citizen and true American hero who served as a member of
8 the United States Army with the Third Armored Division, as
9 follows:
10 (RESOLUTION NO. 05-742)
11 President Pro Tem Kling moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon,
13 and was unanimously adopted by the Council members present.
14 President Pro Tem Kling presented a copy of the resolution
15 to Mr. Sutton, expressing appreciation for his many contributions
16 to the city.
17 Mr. Sutton expressed appreciation for the recognition.
18 Councilman Russell read and introduced a resolution
19 recognizing the First Annual Rocket City Classic Festival,
20 September 16-18, 2005, as follows:
21 (RESOLUTION NO. 05-743)
22 Councilman Russell moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted by the Council members present.
25 Councilwoman Moon read and introduced a resolution in
26 recognition of Suicide Prevention Awareness, as follows:
0003
1 (RESOLUTION NO. 05-744)
2 Councilwoman Moon moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Russell,
4 and was unanimously adopted by the Council members present.
5 Councilwoman Moon stated that this resolution was being
6 offered on behalf of the Mental Health Association in Huntsville
7 and Madison County. She stated that this group did a lot of
8 great work and noted this was a resolution the Council passed on
9 a yearly basis, highlighting the problems and tragedies that were
10 associated with suicide and what could be done to attempt to
11 prevent this.
12 President Pro Tem Kling called for the vote on the above
13 resolution, and it was unanimously adopted by the Council members
14 present.
15 President Pro Tem Kling stated the next item on the agenda
16 was Public Hearings to be Held.
17 President Pro Tem Kling stated it was the time and place in
18 the meeting for a public hearing to hear any objections to the
19 abatement of a public nuisance located at 3905 Gunnison Lane, NW,
20 which hearing had been set at the August 23, 2005, Regular
21 Council Meeting.
22 Mr. Jerry Galloway stated that at the August 23, 2005,
23 meeting he had given sworn testimony as to the condition of the
24 subject property. He stated the property had been overgrown
25 totally with vegetation and had not been lived in for
26 approximately 15 years. He stated that since that time he had
0004
1 been in contact with the owners of this property and they had
2 made significant progress on correcting the problem. He stated
3 that once the hearing had been completed, he would like to make a
4 recommendation concerning this matter.
5 President Pro Tem Kling asked if there was anyone in the
6 audience who wished to speak concerning this matter.
7 Ms. Martha Davis, 3903 Gunnison Lane, appeared before the
8 Council, urging the Council not to stop this matter from moving
9 forward and noting that this property had been boarded up and
10 considered as abandoned for several years. She stated that there
11 were many rodents and animals coming from this property and that
12 no effort had been made to clean up this property until very
13 recently when this action was to come forward.
14 Mr. Ellis Smith, 2511 Brookline Drive, appeared before the
15 Council, stating that he had been attempting for some time to get
16 this situation remedied and noting that the property was a health
17 hazard to the surrounding neighborhood. He stated that the
18 property directly behind the subject property in the city
19 alleyway had not been cleaned for some time and that one could
20 not get a vehicle into the area. He stated that City personnel
21 who had come out to clean this up could not even get a tractor in
22 this area because it was so overgrown. He stated that the
23 property was a nuisance to the city and to the entire area. He
24 urged the Council to address this matter immediately.
25 Mr. Galloway stated that there had been some progress made
26 on this property by the owners, around the back yard and some of
0005
1 the accessory structures. He suggested that the Council continue
2 the public hearing for two weeks in order to allow the owner to
3 continue to clean up the property.
4 Councilwoman Moon stated that there appeared to be a
5 good-faith effort in working on this property but stated she
6 could certainly empathize with the neighbors in this situation.
7 Mr. Galloway stated that he also agreed with the neighbors
8 concerning this matter. He stated that Community Development had
9 had this property declared a public nuisance in the past. He
10 stated that he had some pictures that had been taken on the prior
11 day that depicted the front of the house that he would be happy
12 to share with the Council. He stated he certainly agreed with
13 the neighbors that there were still problems with the side of the
14 house and the back of the house. He stated there was also a
15 large pile of debris on the driveway.
16 Councilwoman Moon inquired of Mr. Galloway as to what the
17 Council's options were in this matter.
18 Mr. Galloway stated that one option would be to continue the
19 hearing and another option would be to declare the property a
20 public nuisance and tell his department to abate what was left
21 immediately, or to declare it a public nuisance and authorize
22 Community Development to abate it and direct them to allow the
23 owners a week or two weeks, at the Council's discretion, for the
24 owner to finish the work on the property.
25 President Pro Tem Kling asked Mr. Galloway what protection
26 there would be to assure that the residents in this neighborhood
0006
1 did not have to put up with this nuisance indefinitely.
2 Mr. Galloway stated there was no assurance he could offer
3 the Council, that he could only advise them as to what the owner
4 had told him concerning this matter. He stated he had been told
5 that as of September 15th the owner would be on the property with
6 trailers to haul off the rest of the debris and that after that
7 time they would commence repairing the house for sale.
8 Councilwoman Moon asked if the owner had been cited
9 previously.
10 Mr. Galloway replied in the affirmative.
11 Mr. Galloway recommended that the Council pass a resolution
12 authorizing his department to abate the nuisance and allowing
13 them to give the owners a week or two weeks, at their discretion,
14 to clean up the property. He stated that if the owner did not do
15 this, Community Development could finish off what had not been
16 completed in this regard.
17 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
18 Council, stating he applauded the gesture of Mr. Galloway and
19 that he felt the Council would be remiss if they did not postpone
20 this item for two weeks. He stated he thought it was time for
21 the Council to act with due compassion.
22 Mr. Smith stated he felt a delay in the cleanup of this
23 property would be a mistake. He stated the owners lived out of
24 state and that this matter had been going on for several years
25 and he saw no need for a two-week delay at this time. He stated
26 he felt it was a situation that was dangerous to the community.
0007
1 President Pro Tem Kling inquired of Mr. Galloway if he felt
2 a week's delay would have any significance in this matter.
3 Mr. Galloway stated it would most likely take his department
4 a week to get the crews mobilized and get to work on this
5 property. He stated that if the owners could complete the work
6 within seven days from this date, this would be a savings for the
7 City. He noted that the house was not a part of the public
8 nuisance, that the public nuisance pertained only to the
9 excessive vegetation. He stated there was an unsafe notice on
10 the house and that it was boarded up. He stated that it still
11 had value and would not fall within the public nuisance realm for
12 them to be able to come back to the Council on the house and
13 request to tear the house down.
14 Councilman Russell read and introduced a resolution
15 authorizing the abatement of a public nuisance located at
16 3905 Gunnison Lane, NW, as follows:
17 (RESOLUTION NO. 05-745)
18 Councilman Russell moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon.
20 President Pro Tem Kling spoke in support of the resolution,
21 noting that this matter would not go on indefinitely and if there
22 were not results within one week, Mr. Galloway would commence
23 work on the property.
24 President Pro Tem Kling called for the vote on the above
25 resolution, and it was unanimously adopted by the Council members
26 present.
0008
1 President Pro Tem Kling stated it was the time and place in
2 the meeting for a public hearing to hear any objections to the
3 abatement of a public nuisance located at 300 Sunset Avenue, SW,
4 which hearing had been set at the August 23, 2005, Regular
5 Council Meeting.
6 Mr. Galloway stated the subject property had been totally
7 overgrown with vegetation and his department had received many
8 complaints concerning it and that there had been violations
9 concerning this property in the past and that the Council had
10 declared the property a public nuisance. He stated he had
11 received a call immediately after the Council meeting from the
12 owner of the property and that the owner had commenced cleaning
13 the property and had utilities at the site. He stated it was the
14 opinion of his staff and himself, after observing the property,
15 that it no longer constituted a public nuisance. He stated that
16 he had current photographs of the property if the Council would
17 like to look at these.
18 Resolution No. 05-746 died for lack of a motion.
19 President Pro Tem Kling stated it was the time and place in
20 the meeting for a public hearing on a resolution authorizing the
21 City Clerk-Treasurer to assess the cost of the cutting and
22 removing of grass and weeds against certain properties.
23 Mr. Galloway stated this was the grass and weed violations
24 and stated that the resolution before the Council identified 20
25 properties in this regard. He stated that payment had been
26 received on two of the properties since the resolution had been
0009
1 prepared. He stated the properties identified as "701 Orchard
2 Street" and "1513 Rison Avenue" should be deleted, since these
3 payments had been received.
4 Mr. Galloway stated, concerning the remaining properties,
5 that the owners had received written notification that they were
6 in violation, that they had failed to act in the appropriate
7 amount of time, and that Community Development had been forced to
8 cut the properties. He stated the owners had been sent bills to
9 collect these costs and had failed to respond. He requested that
10 the Council place an assessment against the properties to collect
11 the costs. He stated the owners had been notified in writing of
12 the proposed action at this time.
13 President Pro Tem Kling inquired as to whether there was
14 anyone in the audience who wished to speak concerning this
15 matter.
16 Mr. Ralph Timberlake appeared before the Council, stating he
17 did not know if he was one of the property owners listed and
18 asked that in the future the properties be put on the internet
19 prior to the hearing or that a list be available for the public
20 to view so that they could deal with it.
21 Mr. Galloway stated that the problem with this would be that
22 some payments would be received immediately prior to the action
23 to be taken.
24 Councilman Russell read and introduced a resolution
25 authorizing the City Clerk-Treasurer to assess the cost of the
26 cutting and removing of grass and weeds against certain
0010
1 properties, as follows:
2 (RESOLUTION NO. 05-747)
3 Councilman Russell moved for approval of the foregoing
4 resolution, which motion was duly seconded by President Pro Tem
5 Kling, and was unanimously adopted by the Council members
6 present.
7 President Pro Tem Kling stated it was the time and place in
8 the meeting for a public hearing on a resolution authorizing the
9 demolition of an unsafe building constituting a public nuisance
10 located at 115, 117, 119, 121, and 123 Holding Avenue.
11 Mr. Galloway stated that his department had been dealing
12 with this property for approximately 20 years. He stated that
13 the property had been previously declared unsafe but had now
14 become a public nuisance. He stated that his department had
15 identified it as such under the State law and that they had sent
16 the owner notice that it was a public nuisance and had given them
17 30 days, in accordance with State law, to repair or demolish this
18 structure. He stated the owners had been notified of this. He
19 stated that under Exhibit B there were photographs depicting the
20 exterior and the interior of this property, showing significant
21 damage on each of the units. He stated that they had asked an
22 independent construction contractor to evaluate each unit and
23 stated that this assistance and a quantitative evaluation of the
24 amount of replacement required by all of the components in each
25 unit was identified under Exhibit C.
26 Mr. Galloway requested the Council to authorize his
0011
1 department to demolish the structure. He stated that the owners
2 had been notified of the proposed action at this time.
3 President Pro Tem Kling inquired as to whether there was
4 anyone in the audience who wished to speak concerning this
5 matter.
6 Mr. James L. Steele appeared before the Council, stating he
7 had requested a fair hearing concerning this matter. He asked if
8 he was to have been notified of the time and place of the
9 hearing.
10 Mr. Galloway stated the notice had advised Mr. Steele that
11 he had "X" amount of days to file an appeal with the Council and
12 that Mr. Steele had missed this date. He stated that Mr. Steele
13 had been advised of the proposed action at this meeting.
14 Mr. Steele stated he had been having medical problems and he
15 was not physically and mentally able to deal with this matter at
16 this time. He asked that the Council postpone action on this
17 matter in order to give him the opportunity to obtain legal
18 counsel. He stated he had sent a letter to Mr. Galloway asking
19 for a fair hearing and that he had never received anything
20 concerning such hearing. He stated he had had word immediately
21 prior to the meeting from a friend that this matter was to be on
22 the agenda at this meeting. He stated that, with the historical
23 property, he would certainly want to obtain legal counsel and
24 would want the historical people to look into the matter. He
25 stated he had not had an opportunity to do this. He stated that
26 several persons had called him earlier in the day wanting to buy
0012
1 this property. He stated it was mind-boggling that the City
2 would do what they were attempting to do concerning this
3 situation. He stated he was not prepared to discuss this matter
4 any further at this time because he was confronted with a
5 life-threatening situation.
6 Councilwoman Moon asked Mr. Galloway what the history was
7 concerning this property.
8 Mr. Galloway stated he would first like to say that
9 Mr. Steele had received copies of the notice. He stated he had
10 also had a notice concerning requesting a hearing before the
11 Council.
12 Mr. Steele stated that on or about the 6th or the 7th he had
13 hand-delivered a request for a hearing to Mr. Galloway's office.
14 Mr. Galloway stated that, as the notice had stated, he was
15 not the appropriate body for Mr. Steele to have a hearing, that
16 the appeal had to be made to the City Council.
17 Mr. Steele stated that this had not been clear to him. He
18 stated that he needed more time at this time in order to be able
19 to obtain legal Council and to get himself together physically
20 and mentally.
21 President Pro Tem Kling inquired of Mr. Steele as to how
22 long he felt he would need in order to get this matter cleared
23 up. He stated that by this he meant getting the property
24 repaired or sold to someone who would repair it. He stated that
25 from looking at the pictures, this property looked pretty bad.
26 Mr. Steele stated he had not seen the photographs but that
0013
1 most likely 90 percent of the things had already been taken care
2 of. He stated there were persons who were willing to buy this
3 historical property as it was. He asked that there be a 60-day
4 postponement in this matter, as far as the nuisance was
5 concerned.
6 Councilwoman Moon again asked Mr. Galloway for a history
7 concerning this property.
8 Mr. Galloway stated that the first notice his department had
9 issued on this property had been in March of 1983. He stated
10 this had been for a standard housing code violation, noting that
11 at that time it was not unsafe. He stated that Mr. Steele had
12 requested an extension of time and that the situation had been
13 rectified. He stated that in December of 1983 another notice had
14 been issued, that in April of '84 a notice had been issued, that
15 in March of '85 another notice had been issued, that in August of
16 1986 complaints had been received concerning the condition of the
17 structure, and that an unsafe building notice had been issued in
18 1986. He stated that the property had been boarded. He stated
19 that his department had continued to issue notices on the
20 exterior of the building. He stated that in 1998 his department
21 had received a complaint on the condition of the building and the
22 property and had issued a notice. He stated that this had gone
23 on for quite some time, until in August of 1999, the property
24 owner had been found guilty in court concerning this matter and
25 had been fined. He stated that in 2003 they had received
26 continuing complaints and that in July of 2005 there had been
0014
1 complaints from the neighbors and that they had issued the public
2 nuisance notice to Mr. Steele on July 18th of this year. He
3 stated that the final date on the public nuisance was August 17,
4 2005. He stated there was severe damage inside this property and
5 that in his opinion this was a public nuisance. He stated that
6 if Mr. Steele had a bona fide sales contract showing someone was
7 going to buy this property by a certain date, that might be a
8 different matter. He stated he had heard several times from
9 Mr. Steele over the years that persons were going to buy this
10 property but had never seen a sales contract concerning this.
11 Mr. Galloway stated he had attended a neighborhood meeting,
12 along with Councilman Russell, with approximately 80 persons
13 present, and there had been a slide presentation and that this
14 was one of the units that they had advised them were blighting
15 their neighborhood and that they wanted removed.
16 Mr. Steele requested that there be a postponement of this
17 matter for at least 30 days, stating he would certainly
18 appreciate it.
19 Councilwoman Moon read and introduced a resolution
20 authorizing the demolition of an unsafe building constituting a
21 public nuisance located at 115, 117, 119, 121, and 123 Holding
22 Avenue, as follows:
23 (RESOLUTION NO. 05-748)
24 Councilwoman Moon moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Russell.
26 Councilman Russell stated he had been at the community
0015
1 meeting Mr. Galloway had mentioned and that several persons were
2 present and this item had been presented, stating that it was
3 destroying the neighborhood, hurting the property values and
4 hurting the community. He stated these persons had really not
5 had much confidence in the City because of the way this matter
6 had been handled. He stated that this matter had been going on
7 since the early 1980's, noting this was over 20 years. He stated
8 it was time the Council acted on this matter. He stated he had
9 viewed this property and that it was certainly a public nuisance.
10 Councilwoman Moon stated her concern was that this matter
11 had been going on for so long.
12 President Pro Tem Kling asked Mr. Galloway if the Council
13 could go ahead and authorize this matter and give Mr. Galloway
14 the authority so that if something were to happen concerning this
15 property and he felt he needed to hold off on this, it would be
16 at his discretion.
17 Mr. Galloway stated it would take his department
18 approximately a week to mobilize and be able to get on the
19 property. He assured the Council that he would respect and
20 protect the public in this matter.
21 President Pro Tem Kling called for the vote on the above
22 resolution, and it was unanimously adopted by the Council members
23 present.
24 President Pro Tem Kling stated it was the time and place in
25 the meeting for a public hearing on a resolution authorizing the
26 demolition of an unsafe building constituting a public nuisance
0016
1 located at 2147 Davidson Street, NE.
2 Mr. Galloway stated this was also a piece of property that
3 had been discussed at the public hearing attended by himself and
4 Councilman Russell. He stated that his department had been aware
5 of this property over the years and that the property had been
6 vacant for 15 to 20 years. He stated it had been an unsafe
7 building which had been boarded. He stated that over the years
8 unsafe buildings deteriorated, as had this one, to the point that
9 it now constituted a public nuisance. He stated that, in
10 accordance with State law, they had issued the owner a written
11 notice describing the problems that needed to be repaired and had
12 given the owner the appropriate amount of time to rectify this
13 situation. He stated that the owner had been advised of his
14 right to appeal to the Council. He stated that the owner had
15 until August 10, 2005, to appeal and stated that to his knowledge
16 he had not done so. He stated that Exhibit B before the Council
17 showed the exterior and interior of the property. He stated that
18 an independent general contractor had evaluated the property and
19 had determined that 100 percent of the roof system and the
20 framing needed to be replaced and that 100 percent of the
21 interior walls, floors, ceiling and 100 percent of the utility
22 system, the heating and plumbing system, needed to be replaced.
23 Mr. Galloway requested that the Council authorize his
24 department to demolish the property.
25 President Pro Tem Kling inquired as to whether there was
26 anyone in the audience who wished to speak concerning this item.
0017
1 There was no response.
2 Councilman Russell read and introduced a resolution
3 authorizing the demolition of an unsafe building constituting a
4 public nuisance, located at 2147 Davidson Street, NE, as follows:
5 (RESOLUTION NO. 05-749)
6 Councilman Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted by the Council members present.
9 President Pro Tem Kling stated the next item on the agenda
10 was Public Hearings to be Set.
11 Councilman Russell read and introduced a resolution to set a
12 public hearing for Frank Clemons, Jr., d/b/a American Cab Company
13 to operate ten additional (10) taxicabs in the City of
14 Huntsville, at the September 22, 2005, Regular Council meeting,
15 as follows:
16 (RESOLUTION NO. 05-750)
17 Councilman Russell moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted by the Council members present.
20 Councilman Russell read and introduced a resolution to set a
21 public hearing on an ordinance zoning newly annexed land lying on
22 the east and west sides of Esslinger Drive and north of Cherry
23 Tree Road as Residence 1-A District at the October 27, 2005,
24 Regular Council meeting, as follows:
25 (RESOLUTION NO. 05-751)
26 Councilman Russell moved for approval of the foregoing
0018
1 resolution, which motion was duly seconded by Councilwoman Moon,
2 and was unanimously adopted by the Council members present.
3 Councilman Russell read and introduced Ordinance No. 05-752
4 zoning newly annexed land lying on the east and west sides of
5 Esslinger Drive and north of Cherry Tree Road as Residence 1-A
6 District.
7 Councilman Russell read and introduced a resolution to set a
8 public hearing on an ordinance rezoning land lying east and west
9 of Jordan Lane and on the south side of University Drive from
10 Light Industry District and Residence 1-A District to Highway
11 Business C-4 District and Residence 1-A District, at the
12 October 27, 2005, Regular Council meeting, as follows:
13 (RESOLUTION NO. 05-753)
14 Councilman Russell moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted by the Council members present.
17 Councilman Russell read and introduced Ordinance No. 05-754,
18 rezoning land lying east and west of Jordan Lane and on the south
19 side of University Drive from Light Industry District and
20 Residence 1-A District to Highway Business C-4 District and
21 Residence 1-A District.
22 President Pro Tem Kling stated the next item on the agenda
23 was Communications from the Public.
24 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
25 Council, stating he had a handout to distribute to the Council at
26 this time. He stated he wanted to pick up at this time where he
0019
1 had left off at the previous meeting in talking to the Council
2 about the situation with Patton Road.
3 Mr. Cox stated that when he had previously discussed this
4 matter before the Council he had depicted only approximately
5 50 feet from the gate at Redstone Arsenal. He stated he now
6 wanted to pick up at that point and move on up Patton Road. He
7 stated that the first sheet before the Council had three
8 photographs and that the first photograph was an apartment
9 complex just a few feet beyond where they had looked before. He
10 stated that the Council could see a dumpster in the photograph
11 that was very visible from Patton Road. He stated that since the
12 last Council meeting for a number of days there had been a pile
13 of trash beside that dumpster that two five-ton trucks could not
14 have hauled off. He stated that finally it had somehow gotten
15 moved. He stated that the apartment complex had also had a Code
16 violation of graffiti on the wall for several years.
17 Mr. Cox stated that his February letter to President Pro Tem
18 Kling had pointed out this code violation. He stated that
19 approximately 30 days prior the graffiti had finally been painted
20 over but noted that at this time the side of the building, which
21 was just a few feet from Patton Road, had a large area of the
22 side torn out due to wind damage.
23 Mr. Cox stated that as one moved on up Patton Road, one
24 could see a couch there at another dumpster. He stated that in
25 the bottom picture there were two dumpsters that were located
26 right on Patton Road. He stated the Council should observe the
0020
1 condition of these, noting that this was the usual condition.
2 Mr. Cox stated that as one moved on up Patton Road, on the
3 next page, in the top picture, there was another dumpster. He
4 stated that then as one moved on up that right off Patton Road
5 there was a dumpster. He stated that this dumpster and these
6 apartments were owned by the people who had gotten the Council to
7 change the ordinance that had originally been passed. He stated
8 that this was how this dumpster usually looked, that not only was
9 it overflowing, in violation of the ordinance, but it was in
10 violation of the ordinance in that it was on City property, and
11 that the lids were always open, so that there were a number of
12 violations.
13 Mr. Cox stated he would continue his presentation at the
14 next Council meeting.
15 Councilwoman Moon stated she would like to allow Mr. Cox an
16 additional minute.
17 Mr. Cox stated he would like to deviate from the pictures
18 and read to the Council from the Huntsville Code. He read as
19 follows: "The City Council has ascertained and does find,
20 determine, and declare, as follows: That the removal, storage,
21 transportation, utilization, and disposal of solid waste are
22 matters of serious public concerns affecting the public health
23 and welfare, that the health, safety, and welfare of the people
24 of the city require efficient waste removal and disposal."
25 Mr. Cox stated the things he had enumerated were in
26 violation of the City ordinance and had long been in violation of
0021
1 such.
2 Mr. Cox stated he wanted to clarify something, noting that
3 the last time he had spoken before the Council, there had been
4 some indication that he had been speaking in opposition to the
5 BRAC matter. He stated this had been far from his intent, noting
6 that perhaps his ability to articulate was a problem in this
7 regard. He stated he had not objected to the City providing
8 money to BRAC, that his objection had been that they would not
9 provide $50 to enforce the ordinances to clean up the
10 neighborhood of Redstone Arsenal.
11 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
12 Council, stating she was concerned about persons who were
13 speeding on Holmes Avenue and University Drive and asked that
14 something be done about this matter.
15 Ms. Reed stated that she also had concerns about the traffic
16 ingress and egress at the new Cancer Center near Butler High
17 School She stated she felt the Planning Department had made two
18 big mistakes in the city, one being the opening of an entrance
19 into the Cancer Center on Holmes Avenue and the other being
20 Cowboy Corner. She stated they never should have let a service
21 station locate on Cowboy Corner, that this was a terrible traffic
22 hazard.
23 Ms. Reed stated that five speed bumps had been installed in
24 her neighborhood the prior day and that she had not known these
25 were going to be installed, that she had not had any input into
26 this situation. She stated she had not known when the meeting
0022
1 was going to be held concerning this and stated she understood
2 only two persons had been present at said meeting. She stated
3 the meeting had not been advertised sufficiently. She stated
4 that her neighborhood appreciated the speed bumps but that she
5 felt this should have been advertised on Channel 42.
6 Ms. Reed stated there had been several limbs from the storm
7 in her neighborhood and this had not been picked up for several
8 days, until she had called and asked for a pickup.
9 Ms. Reed stated that she had read in the newspaper about a
10 proposed greenway at Providence and stated that the City needed
11 two-day-a-week garbage pickup, that they did not need greenways
12 all over the city. She stated she was concerned how the City
13 would build the riverwalk if FEMA had cut them off, noting that
14 FEMA certainly had their hands full. She asked if the City would
15 have to pay the bill for the rest of the riverwalk.
16 Ms. Reed stated budget time was coming up and stated she
17 certainly hoped the Council got their priorities in order and
18 that she hoped public service would be first for all the people.
19 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
20 Council, stating that through the venue of the media something
21 great had happened, that Huntsville Hospital had relented and
22 recanted from its action of not allowing public records to be
23 seen. He thanked the Council for appointing persons to this
24 Board who would adhere to the law, noting that the Council was
25 responsible for the appointment of certain officials who would
26 make sure that the law was carried out.
0023
1 Mr. Timberlake asked the Council to entertain a more
2 comprehensive understanding of what was known as "criminal
3 trespassing." He stated that the criminal trespassing law had
4 become a new tool in the arsenal of harassment of citizens in the
5 city. He stated that he knew his Councilman and the Mayor did
6 not want this to happen and that was fine, that he was making
7 them aware of this.
8 President Pro Tem Kling stated the next item on the agenda
9 was Huntsville Utilities Items.
10 Mr. Yell enumerated the items on the agenda from Huntsville
11 Utilities.
12 Councilwoman Moon read and introduced a resolution
13 authorizing installation of street lighting in Phase IA of
14 Village of Providence, as follows:
15 (RESOLUTION NO. 05-755)
16 Councilwoman Moon moved for approval of the foregoing
17 resolution, which motion was duly seconded by President Pro Tem
18 Kling, and was unanimously adopted by the Council members
19 present.
20 Councilwoman Moon read and introduced a resolution
21 authorizing construction of a substation to serve Thornton
22 Industrial Park and Cummings Research Park, as follows:
23 (RESOLUTION NO. 05-756)
24 Councilwoman Moon moved for approval of the foregoing
25 resolution, which motion was duly seconded by President Pro Tem
26 Kling, and was unanimously adopted by the Council members
0024
1 present.
2 Councilwoman Moon read and introduced a resolution
3 authorizing the purchase of a transformer for the new Thornton
4 Substation, as follows:
5 (RESOLUTION NO. 05-757)
6 Councilwoman Moon moved for approval of the foregoing
7 resolution, which motion was duly seconded by President Pro Tem
8 Kling, and was unanimously adopted by the Council members
9 present.
10 Councilwoman Moon read and introduced a resolution
11 authorizing installation of underground electric facilities to
12 serve the Comprehensive Cancer Institute, as follows:
13 (RESOLUTION NO. 05-758)
14 Councilwoman Moon moved for approval of the foregoing
15 resolution, which motion was duly seconded by President Pro Tem
16 Kling, and was unanimously adopted by the Council members
17 present.
18 Councilwoman Moon read and introduced a resolution
19 authorizing installation of underground electric facilities to
20 serve the UAH Applied Science Building, as follows:
21 (RESOLUTION NO. 05-759)
22 Councilwoman Moon moved for approval of the foregoing
23 resolution, which motion was duly seconded by President Pro Tem
24 Kling, and was unanimously adopted by the Council members
25 present.
26 Councilwoman Moon read and introduced a resolution
0025
1 authorizing relocation of overhead distribution to allow widening
2 of Taylor Road, a COH project, as follows:
3 (RESOLUTION NO. 05-760)
4 Councilwoman Moon moved for approval of the foregoing
5 resolution, which motion was duly seconded by President Pro Tem
6 Kling, and was unanimously adopted by the Council members
7 present.
8 Councilwoman Moon read and introduced a resolution
9 authorizing construction of oil containment systems in
10 five substations, per the new EPA guidelines, as follows:
11 (RESOLUTION NO. 05-761)
12 Councilwoman Moon moved for approval of the foregoing
13 resolution, which motion was duly seconded by President Pro Tem
14 Kling, and was unanimously adopted by the Council members
15 present.
16 Councilwoman Moon read and introduced a resolution
17 authorizing relocation of distribution system along Pulaski Pike,
18 between Liberty Hill and Rout Roads, due to COH road widening
19 project, as follows:
20 (RESOLUTION NO. 05-762)
21 Councilwoman Moon moved for approval of the foregoing
22 resolution, which motion was duly seconded by President Pro Tem
23 Kling, and was unanimously adopted by the Council members
24 present.
25 Councilwoman Moon read and introduced a resolution
26 authorizing installation of an 8" water main along Hobbs Road in
0026
1 exchange for substation property, as follows:
2 (RESOLUTION NO. 05-763)
3 Councilwoman Moon moved for approval of the foregoing
4 resolution, which motion was duly seconded by President Pro Tem
5 Kling, and was unanimously adopted by the Council members
6 present.
7 Councilwoman Moon read and introduced a resolution
8 authorizing replacement and installation of gas mains along
9 Madison Street as part of cast iron main replacement program
10 mandated by DOT, as follows:
11 (RESOLUTION NO. 05-764)
12 Councilwoman Moon moved for approval of the foregoing
13 resolution, which motion was duly seconded by President Pro Tem
14 Kling, and was unanimously adopted by the Council members
15 present.
16 Councilwoman Moon read and introduced a resolution
17 authorizing replacement and installation of gas mains along
18 Williams Avenue and Fountain Row as part of cast iron main
19 replacement program mandated by DOT, as follows:
20 (RESOLUTION NO. 05-765)
21 Councilwoman Moon moved for approval of the foregoing
22 resolution, which motion was duly seconded by President Pro Tem
23 Kling, and was unanimously adopted by the Council members
24 present.
25 Councilwoman Moon read and introduced a resolution
26 authorizing installation of gas facilities to provide service to
0027
1 the North Industrial Park, as follows:
2 (RESOLUTION NO. 05-766)
3 Councilwoman Moon moved for approval of the foregoing
4 resolution, which motion was duly seconded by President Pro Tem
5 Kling, and was unanimously adopted by the Council members
6 present.
7 Councilwoman Moon read and introduced a resolution
8 authorizing installation of gas facilities on the east side of
9 Pulaski Pike to the north property line of North Industrial Park
10 to provide for future growth, as follows:
11 (RESOLUTION NO. 05-767)
12 Councilwoman Moon moved for approval of the foregoing
13 resolution, which motion was duly seconded by President Pro Tem
14 Kling, and was unanimously adopted by the Council members
15 present.
16 Councilwoman Moon read and introduced a resolution
17 authorizing installation of water mains along proposed roads in
18 Lake Forest Subdivision, off Martin Road, as follows:
19 (RESOLUTION NO. 05-768)
20 Councilwoman Moon moved for approval of the foregoing
21 resolution, which motion was duly seconded by President Pro Tem
22 Kling, and was unanimously adopted by the Council members
23 present.
24 Councilwoman Moon read and introduced a resolution
25 authorizing installation of water mains along the east side of
26 Pulaski Pike and the north side of Liberty Hill Road and
0028
1 abandonment of existing 10" main due to COH road-widening
2 project, as follows:
3 (RESOLUTION NO. 05-769)
4 Councilwoman Moon moved for approval of the foregoing
5 resolution, which motion was duly seconded by President Pro Tem
6 Kling, and was unanimously adopted by the Council members
7 present.
8 President Pro Tem Kling stated the next item on the agenda
9 was Board Appointments to be Voted On.
10 Councilman Russell read and introduced a resolution to
11 reappoint Mr. Thornton Stanley, Jr., to the Board of Examinations
12 and Appeals for Construction Industries, for a term to expire
13 September 21, 2008, as follows:
14 (RESOLUTION NO. 05-770)
15 Councilman Russell moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted by the Council members present.
18 Councilwoman Moon read and introduced a resolution to
19 appoint Mr. Mark Lumb to the Huntsville-Madison County Railroad
20 Authority, for a partial term to expire May 17, 2009, as follows:
21 (RESOLUTION NO. 05-771)
22 Councilwoman Moon moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Russell,
24 and was unanimously adopted by the Council members present.
25 President Pro Tem Kling inquired as to whether there were
26 any Board appointment nominations.
0029
1 There was no response.
2 President Pro Tem Kling stated the next item on the agenda
3 was Approval of Expenditures.
4 President Pro Tem Kling read and introduced a resolution
5 authorizing the expenditures for payments, as follows:
6 (RESOLUTION NO. 05-772)
7 President Pro Tem Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Russell,
9 and was unanimously adopted by the Council members present.
10 President Pro Tem Kling stated that there would be a special
11 session of the Council on September 29th, at 4 p.m., to consider
12 the budget and possibly vote on the budget.
13 President Pro Tem Kling read and introduced a resolution
14 approving travel for Councilwoman Sandra Moon to attend the
15 Mental Retardation Alliance for Full Participation in Washington,
16 D.C., September 21-24, 2005, as follows:
17 (RESOLUTION NO. 05-773)
18 President Pro Tem Kling moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Russell.
20 Councilwoman Moon stated she was honored to serve as the
21 Governor's appointee to the State Department of Mental Health and
22 Mental Retardation Board of Trustees, representing North Alabama.
23
24 She stated that the meeting that she would be attending would be
25 relevant to her City Council role and to her role as the
26 Governor's appointee to the Board. She stated there would be
27 many national, state, and local agendas that would be pursued.
0030
1 She stated one of the huge issues in this community and in the
2 state was the waiting list for the mentally retarded to get into
3 group homes and to get services in general. She stated she was
4 very proud to be able to represent the city at the meeting.
5 President Pro Tem Kling called for the vote on the above
6 resolution, and it was unanimously adopted by the Council members
7 present.
8 President Pro Tem Kling stated the next item on the agenda
9 was Communications from the Mayor. He recognized Mr. Hatfield.
10 Mr. Hatfield recognized Ms. Joy McKee.
11 Ms. McKee stated that on September 23rd between the hours of
12 9 a.m. and 4 p.m. all the City employees would be holding a yard
13 sale. She stated that the proceeds from this would go to the
14 Katrina relief efforts. She stated that the public was urged to
15 attend this event, noting that the City employees would be
16 shopping before they went to work. She stated the event would be
17 opening for the general public at 9 a.m.
18 Mr. Hatfield stated that during the prior week Mayor Spencer
19 had organized several of the agencies in the city to get together
20 to accommodate some of the relief efforts that were ongoing.
21 Mr. Hatfield recognized Mr. Rusty Russell, Director of
22 Emergency Management.
23 Mr. Russell explained the efforts that were on-going in the
24 city to assist the evacuees who were in the vicinity.
25 President Pro Tem Kling stated the next item on the agenda
26 was Communications from Council members.
0031
1 Councilwoman Moon stated that several weeks prior the
2 Council had thanked the persons who had made the Bicentennial
3 celebration in the city so successful. She stated that she again
4 wanted to thank Dr. Mary Jane Caylor and the persons who had
5 worked with her on this endeavor. She stated that she also
6 wanted to thank Norma Oberlies who had led the effort for the
7 celebration that her district had hosted at Ditto Landing, noting
8 this was a great success.
9 Councilman Russell stated he certainly appreciated the
10 efforts of Mayor Spencer and Mr. Russell in coordinating the
11 leadership for the support of the evacuees in the city.
12 President Pro Tem Kling expressed condolences to the family
13 of Officer Golden of the Police Department who died in the line
14 of duty.
15 President Pro Tem Kling stated he was looking forward to
16 attending the neighborhood cleanup on the following Saturday
17 morning sponsored by the Penny Foster Civic Association. He
18 stated that this would commence at 8:30 a.m.
19 President Pro Tem Kling stated the WIFI had been installed
20 at Big Spring Park and that he felt this had been a good project.
21
22 He stated that the ITS Department had worked to coordinate this
23 and stated he felt it was a nice thing for the community,
24 especially considering it had not cost any tax money and would
25 actually generate some revenue. He asked Mr. Holcomb if his
26 department had looked into seeing if some signage could be put up
27 to advise persons that this was a WIFI area.
0032
1 Mr. Holcomb replied in the affirmative, sating this was part
2 of the contract that had been negotiated and that the company was
3 generating the signage at this time and that it would be posted.
4 President Pro Tem Kling stated the next item on the agenda
5 was Unfinished Business Items for Action.
6 Councilman Russell moved for approval of Ordinance
7 No. 05-706, annexing land lying west of Old Railroad Bed Road,
8 north of Capshaw Road, and east of Sanderson Road, which was
9 introduced at the August 23, 2005, Regular Council Meeting, as
10 follows:
11 (ORDINANCE NO. 05-706)
12 Said motion was duly seconded by Councilwoman Moon.
13 Ms. Marie Bostick of the Planning Department stated that the
14 subject property was an approximately 29-acre tract of land
15 located in the northwestern part of the community. She stated
16 the owners were annexing for City services and that this was a
17 proposed residential subdivision.
18 President Pro Tem Kling called for the vote on the above
19 ordinance, and it was unanimously adopted by the Council members
20 present.
21 Councilman Russell moved for approval of Ordinance
22 No. 05-708, annexing land lying east of Balch Road and south of
23 Capshaw Road, which was introduced at the August 23, 2005,
24 Regular Council Meeting, as follows:
25 (ORDINANCE NO. 05-708)
26 Said motion was duly seconded by Councilwoman Moon.
0033
1 Ms. Bostick stated that the subject property was a
2 5 1/2-acre tract of land located in the northwestern part of the
3 community. She stated the owners were annexing for City services
4 and that this was a proposed residential subdivision.
5 President Pro Tem Kling called for the vote on the above
6 ordinance, and it was unanimously adopted by the Council members
7 present.
8 Councilwoman Moon moved for approval of Ordinance
9 No. 05-709, annexing land lying north of U.S. Highway 72 East and
10 west of Shields Road (Lot 4, Chase Creek West, Phase II, a
11 Resubdivision of Lot 2), as follows:
12 (ORDINANCE NO. 05-709)
13 Said motion was duly seconded by President Pro Tem Kling.
14 Ms. Bostick stated the subject property was three-quarters
15 of an acre of land located in the northeastern part of the
16 community and that it was proposed commercial property that was
17 being annexed for City services. She stated it was a very small
18 piece of land that had inadvertently not been annexed when the
19 remainder of the tract had been annexed. She stated it was
20 adjacent to the railroad track on the north side of Highway
21 72 East, west of Shields Road. She stated it was surrounded by
22 commercial property.
23 President Pro Tem Kling called for the vote on the above
24 ordinance, and it was unanimously adopted by the Council members
25 present.
26 Councilwoman Moon moved for approval of Ordinance
0034
1 No. 05-711, amending the Code of Ordinances, City of Huntsville,
2 Alabama, to prohibit the use of wheeled recreation vehicles in
3 city parks, which was introduced at the August 23, 2005, Regular
4 Council Meeting, as follows:
5 (ORDINANCE NO. 05-05-711)
6 Said motion was duly seconded by Councilman Russell.
7 Chief Reynolds stated that the above ordinance simply
8 expanded an existing ordinance that applied to Big Spring Park.
9 He stated this would now apply to all city parks throughout the
10 city. He stated that this concerned the wheeled recreational
11 vehicles doing damage and vandalism in the parks. He stated that
12 they had specifically looked at this in regard to Bicentennial
13 Park and then had felt the need to expand it to parks throughout
14 the city. He stated that this dealt with in-line skates, roller
15 blades, skateboards, and items such as this which could
16 potentially do damage and vandalism to the parks.
17 President Pro Tem Kling called for the vote on the above
18 ordinance, and it was unanimously adopted by the Council members
19 present.
20 Councilwoman Moon moved for approval of Ordinance
21 No. 05-712, amending Ordinance No. 04-875, adopted and approved
22 on November 9, 2004, concerning Maintenance of Common Area, as
23 follows:
24 (ORDINANCE NO. 05-712)
25 Said motion was duly seconded by Councilman Russell.
26 Ms. Bostick stated that this was a housecleaning item. She
0035
1 stated that an ordinance had been adopted by the Council late in
2 the prior year concerning maintenance provisions for subdivisions
3 that had a common area included within the subdivision. She
4 stated that the subject provision would simply add the word
5 "Development" so that this instrument could be utilized not only
6 in subdivisions but also in condominium developments.
7 President Pro Tem Kling called for the vote on the above
8 ordinance, and it was unanimously adopted by the Council members
9 present.
10 President Pro Tem Kling stated the next item on the agenda
11 was New Business Items for Introduction.
12 President Pro Tem Kling read and introduced Ordinance No.
13 05-774, amending the Code of Ordinances, Chapter 22, Article III,
14 Section 22-87, concerning dumpsters and commercial containers.
15 President Pro Tem Kling read and introduced Ordinance
16 No. 05-775, amending Sections 15.5 and 14.1 (B) (4) and (6) of
17 Ordinance 04-315, Personnel and Policies and Procedures Manual.
18 President Pro Tem Kling stated the next item on the agenda
19 was New Business Items for Consideration or Action.
20 President Pro Tem Kling stated the next item on the agenda
21 was New Business Items for Consideration or Action.
22 President Pro Tem Kling stated that item 15.e had been
23 deleted from the agenda.
24 Councilman Russell read and introduced a resolution
25 authorizing the Mayor to enter into an agreement between the City
26 of Huntsville and Encouraging Alabama Rabbit Support (EARS), as
0036
1 follows:
2 (RESOLUTION NO. 05-776)
3 Councilman Russell moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon,
5 and was unanimously adopted by the Council members present.
6 Councilman Russell read and introduced a resolution
7 authorizing the Mayor to enter into an amended Agreement between
8 the North Alabama Highway Safety Office and the City of
9 Huntsville, as follows:
10 (RESOLUTION NO. 05-777)
11 Councilman Russell moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon,
13 and was unanimously adopted by the Council members present.
14 Councilman Russell read and introduced a resolution
15 authorizing the Clerk-Treasurer to invoke subdivision sidewalk
16 letter of credit for Walton's Mountain, as follows:
17 (RESOLUTION NO. 05-778)
18 Councilman Russell moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon,
20 and was unanimously adopted by the Council members present.
21 Councilman Russell read and introduced a resolution
22 authorizing the Clerk-Treasurer to invoke subdivision letter of
23 credit for Walton's Mountain, as follows:
24 (RESOLUTION NO. 05-779)
25 Councilman Russell moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0037
1 and was unanimously adopted by the Council members present.
2 Councilman Russell read and introduced a resolution
3 authorizing the City Attorney to settle the Worker's Compensation
4 Claim of Joyce Robinson, Civil Action No. CV-04-2493 LHL, as
5 follows:
6 (RESOLUTION NO. 05-780)
7 Councilman Russell moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilwoman Moon,
9 and was unanimously adopted by the Council members present.
10 Councilman Russell read and introduced an ordinance
11 declaring certain equipment surplus and to be sold at auction
12 (GovDeals.com) or in the best interest and most cost-effective
13 way for the City of Huntsville, as follows:
14 (ORDINANCE NO. 05-781)
15 Councilman Russell moved for approval of the foregoing
16 ordinance, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted by the Council members present.
18 Councilman Russell moved for approval of a request for
19 approval to advertise and fill Planner 1 position for Current
20 Planning, Grade 13, Step 3, which motion was duly seconded by
21 Councilwoman Moon, and was unanimously approved by the Council
22 members present.
23 Councilman Russell read and introduced an ordinance to
24 change Street name for portion of Liberty Hill Road to Prosperity
25 Drive, as follows:
26 (ORDINANCE NO. 05-782)
0038
1 Councilman Russell moved for approval of the foregoing
2 ordinance, which motion was duly seconded by Councilwoman Moon,
3 and was unanimously adopted by the Council members present.
4 Councilman Russell read and introduced a resolution
5 establishing the National Incident Management System as the
6 Standard for incident management in Huntsville, as implemented by
7 the Alabama Emergency Agency and the Alabama Department of
8 Homeland Security, as follows:
9 (RESOLUTION NO. 05-783)
10 Councilman Russell moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted by the Council members present.
13 Councilman Russell read and introduced a resolution
14 authorizing the Mayor to execute the renewal agreement with Blue
15 Cross Blue Shield of Alabama for Group Health Insurance
16 Administrative Services, as follows:
17 (RESOLUTION NO. 05-784)
18 Councilman Russell moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon,
20 and was unanimously adopted by the Council members present.
21 Councilman Russell read and introduced a resolution
22 authorizing the Mayor to execute the renewal agreement with
23 CompBenefits Corporation for the provision of employee dental
24 insurance coverage, as follows:
25 (RESOLUTION NO. 05-785)
26 Councilman Russell moved for approval of the foregoing
0039
1 resolution, which motion was duly seconded by Councilwoman Moon,
2 and was unanimously adopted by the Council members present.
3 Councilman Russell read and introduced a resolution
4 authorizing the Mayor of the City Huntsville to approve changes
5 to the Flexible Benefit Plan entitled Amendment Number Five to
6 the City of Huntsville Flexible Benefit Plan and the Summary Plan
7 Description Material Modifications, as follows:
8 (RESOLUTION NO. 05-786)
9 Councilman Russell moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilwoman Moon,
11 and was unanimously adopted by the Council members present.
12 Councilman Russell moved for approval of a request for
13 authorization to advertise and fill budgeted vacant Landscape
14 Maintenance Worker position in the Cemetery Department, which
15 motion was duly seconded by Councilwoman Moon, and was
16 unanimously approved by the Council members present.
17 Councilman Russell read and introduced a resolution
18 authorizing the Mayor to enter into and effectuate an agreement
19 with the Huntsville Heritage Foundation, Inc., for the purpose of
20 major level sponsorship of the Big Spring Jam 5K Road Race, as
21 follows:
22 (RESOLUTION NO. 05-787)
23 Councilman Russell moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted by the Council members present.
26 Councilman Russell read and introduced a resolution
0040
1 authorizing the Mayor to enter into an agreement with the lowest
2 responsible bidder, B. H. Craig Construction Co., Inc., for
3 Autumn Branch Pump Station, Forcemain & Sewer Line, Project
4 No. 65-05-SM03, as follows:
5 (RESOLUTION NO. 05-788)
6 Councilman Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted by the Council members present.
9 Councilman Russell read and introduced a resolution
10 authorizing the Mayor to amend the agreement with McDonald
11 Brothers Construction, Inc., for Wade Road Improvements, Project
12 No. 65-04-RD15, by Change Order No. 2, as follows:
13 (RESOLUTION NO. 05-789)
14 Councilman Russell moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted by the Council members present.
17 Councilman Russell read and introduced a resolution
18 authorizing the Mayor to enter into an agreement with low bidder,
19 Reed Contracting Services, Inc., for North Huntsville Industrial
20 Park, Phase III, Project No. 65-05-RD11, as follows:
21 (RESOLUTION NO. 05-790)
22 Councilman Russell moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted by the Council members present.
25 Councilman Russell read and introduced a resolution
26 authorizing the Mayor to enter into an agreement with low bidder,
0041
1 Shelby Contracting Co., Inc., for Explorer Boulevard Extension
2 Improvements, Options 4 & 5, Project No. 65-05-RD09, as follows:
3 (RESOLUTION NO. 05-791)
4 Councilman Russell moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilwoman Moon,
6 and was unanimously adopted by the Council members present.
7 Councilman Russell read and introduced a resolution
8 authorizing the Mayor to amend the agreement with Spectrum
9 Environmental Services, Inc., to remove and manage petroleum
10 contaminated soils for Robert E. "Bud" Cramer, Jr., Park, Project
11 No. 65-03-DR02, by Modification No. 1, as follows:
12 (RESOLUTION NO. 05-792)
13 Councilman Russell moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon,
15 and was unanimously adopted by the Council members present.
16 Councilman Russell read and introduced a resolution
17 authorizing the Mayor to enter into an agreement with Garver
18 Engineers, L.L.C., for Mapping Services Sanitary Sewer Manhole
19 Mapping, Project No. 65-05-SP33, as follows:
20 (RESOLUTION NO. 05-793)
21 Councilman Russell moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted by the Council members present.
24 Councilman Russell read and introduced a resolution
25 authorizing the Mayor to enter into agreements with the low
26 bidder as specified in the attached Summary of Bids for
0042
1 Acceptance, as follows:
2 (RESOLUTION NO. 05-794)
3 Councilman Russell moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon,
5 and was unanimously adopted by the Council members present.
6 Councilman Russell read and introduced a resolution
7 authorizing the acceptance of donation to the Department of
8 Recreation and Landscape Management as follows: Acceptance of a
9 Hybrid Dogwood tree valued at $700 donated by Bill and Tanjie
10 Kling and the Huntsville Land Trust for use in Big Spring
11 International Park, as follows:
12 (RESOLUTION NO. 05-795)
13 Councilman Russell moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon,
15 and was unanimously adopted by the Council members present.
16 Councilman Russell read and introduced a resolution
17 authorizing the Mayor to enter into a contract with the
18 Administrative Director of Courts and the City of Huntsville for
19 the Court Referral Program and Highway Intoxication Seminar
20 Contract, as follows:
21 (RESOLUTION NO. 05-796)
22 Councilman Russell moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted by the Council members present.
25 Councilman Russell read and introduced a resolution
26 authorizing the Mayor to enter into a contact the Administrative
0043
1 Director of Courts and the City of Huntsville for the Court
2 Referral Officer Program and Highway Intoxication Seminar
3 Contract, as follows:
4 (RESOLUTION NO. 05-797)
5 Councilman Russell moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted by the Council members present.
8 Councilman Russell read and introduced a resolution
9 authorizing City Attorney to seek a forfeiture of the cash bond
10 issued by Robert Black, dba Nikko Ni Sen, Inc., as follows:
11 (RESOLUTION NO. 05-798)
12 Councilman Russell moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted by the Council members present.
15 Councilman Russell read and introduced a resolution
16 authorizing the Mayor to enter into a real estate sales contract
17 between the City of Huntsville and Henry, LLC, for Lot 8, Chelsea
18 Industrial Park, as follows:
19 (RESOLUTION NO. 05-799)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon.
22 Mr. Joffrion stated that the above resolution concerned the
23 sale of approximately 2.68 acres of property in Chelsea
24 Industrial Park. He stated that the purchase price was $25,000
25 per acre.
26 President Pro Tem Kling called for the vote on the above
0044
1 resolution, and it was unanimously adopted by the Council members
2 present.
3 Councilman Russell read and introduced a resolution
4 authorizing the Mayor to execute an Agreement between the City of
5 Huntsville and Monaghan Construction for the Brahan Spring Park
6 Pavilions and Utility Building, as follows:
7 (RESOLUTION NO. 05-800)
8 Councilman Russell moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilwoman Moon.
10 Mr. Bruce Taylor of Project Management stated that this was
11 for the construction of four new pavilions and one utility
12 building in Brahan Spring Park. He stated the amount of the
13 contract was $73,480.
14 President Pro Tem Kling called for the vote on the above
15 resolution, and it was unanimously adopted by the Council members
16 present.
17 Councilman Russell read and introduced a resolution
18 authorizing the Mayor to enter into an agreement with low bidder,
19 Reed Contracting Services, Inc., for Resurfacing of Residential
20 Streets 2005, Phase III, Project No. 65-05-RR04, as follows:
21 (RESOLUTION NO. 05-801)
22 Councilman Russell moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon.
24 Mr. Steve Abbott of Public Works stated that there were a
25 total of 11 streets on this phase of the resurfacing list. He
26 stated that the fourth phase had gone out for bid and that they
0045
1 hoped to have that on the agenda for the next Council meeting.
2 He stated that a fifth phase was also anticipated.
3 President Pro Tem Kling called for the vote on the above
4 resolution, and it was unanimously adopted by the Council members
5 present.
6 Councilman Russell read and introduced a resolution
7 authorizing the expenditure for the Capshaw Road Park Land
8 acquisition, to be temporarily advanced from the Capital
9 Improvement Fund and repaid upon issuance of debt in fiscal year
10 2006, as follows:
11 (RESOLUTION NO. 05-802)
12 Councilman Russell moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon.
14 Mr. Randy Taylor of the Finance Department stated that the
15 Council had approved a contract for an option on a piece of
16 property on Capshaw Road for recreation purposes several months
17 prior. He stated that the City had exercised the option the
18 prior day and wanted to close on the land. He stated that the
19 cost was approximately $1,260,000. He stated this was approved
20 in the Capital Improvement Plan that the Council had adopted the
21 prior year. He stated the money was budgeted in Fiscal Year
22 2006. He stated that they intended to finance this with debt
23 that would be issued in October. He stated they were required to
24 have the Council's approval to temporarily advance the funds from
25 the General Fund for this purpose until the debts were issued.
26 President Pro Tem Kling called for the vote on the above
0046
1 resolution, and it was unanimously adopted by the Council members
2 present.
3 Councilwoman Moon read and introduced an ordinance to amend
4 Budget Ordinance No. 04-803, adopted and approved on October 14,
5 2004, by changing appropriated funding and the authorized
6 personnel strength within various departments, as follows:
7 (ORDINANCE NO. 05-803)
8 Councilwoman Moon moved for approval of the foregoing
9 ordinance, which motion was duly seconded by Councilman Russell.
10 Mr. Randy Taylor enumerated the items in the above
11 ordinance.
12 President Pro Tem Kling called for the vote on the above
13 ordinance, and it was unanimously adopted by the Council members
14 present.
15 Councilman Russell read and introduced a resolution
16 authorizing a temporary emergency price modification to the fuel
17 purchases contract with The Spencer Companies, Incorporated, as
18 follows:
19 (RESOLUTION NO. 05-804)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon.
22 Councilman Russell asked for an explanation concerning this
23 item from the Finance Department and concurrence from the Legal
24 Department.
25 Mr. Randy Taylor stated that the City had a fuel dispensing
26 contract with The Spencer Companies that had been awarded earlier
0047
1 in the year. He stated that the company had a contract to sell
2 the City fuel at 11 cents over what is referred to as the "OPIS
3 Index" which he said was a published price for fuel, but based on
4 a dozen or so vendors that sold fuel to distributors out of
5 Birmingham. He stated that the price changed every day based on
6 this index. He stated that because of the price volatility, the
7 prices of the three vendors The Spencer Companies purchased fuel
8 from were becoming considerably different on a daily basis,
9 sometimes lower, sometime higher, than the Index, which he stated
10 was an average of all of the fuel sold out of the Birmingham
11 supply point.
12 Mr. Taylor that The Spencer Companies had approached them
13 with the problem of selling the City fuel at below their cost
14 because of the volatility and the availability of fuel from the
15 three vendors on any given day. He stated that the City was
16 aware of the problem the State and the County were having because
17 their fuel vendor had cut them off because they could not deal
18 with the price volatility and the nature of the contract they
19 had. He stated that other cities had also contacted them with
20 similar problems. He stated that the City had not wanted to run
21 the risk of having the same kind of fuel delivery problem and
22 that they certainly did not want the vendor to lose money for
23 factors that they could not control. He stated the vendor had
24 approached them and they had discussed the matter among the Legal
25 Department, Procurement, and Fleet. He stated that Mr. Bruce
26 Taylor was present and could provide additional details.
0048
1 Mr. Randy Taylor stated that there was a provision in the
2 State law that allowed municipalities to put into effect an
3 emergency modification to a contract, with his authorization and
4 the concurrence of the Council. He stated that he had spoken
5 with Council members concerning this over the weekend and they
6 had approved that this be effective on September 3rd and that
7 this was the request to ratify this. He stated the modification
8 would allow them to pay The Spencer Companies the average cost of
9 the fuel plus the 11 cents that was in the contract, so that
10 instead of them selling the City fuel at the average of 12 to 15
11 brands in Birmingham, they would be paid the average of their
12 actual cost for fuel plus the 11 cents. He stated this would be
13 a weighted average because they bought different volumes from
14 each of their three suppliers.
15 Mr. Taylor stated this was a temporary modification. He
16 stated the City was privy to what the vendor paid for fuel every
17 day because they knew what the published prices were for all fuel
18 purchased in Birmingham. He stated that as soon as they saw the
19 prices for the various fuels return to the same ratios that they
20 had had previously and the Index was suitable, they would
21 terminate the pricing modifications and go back to the average
22 index price plus 11 cents.
23 Mr. Taylor stated that he, with the concurrence of the City
24 Council President and one other Council member had the right to
25 extend this on a week-to-week basis for up to eight weeks. He
26 stated that it had become more stable in the prior week. He
0049
1 stated that they would look at the information daily and when
2 things were back to normal, they would revert to the old
3 contract.
4 Councilman Russell asked Mr. Joffrion if he agreed that this
5 arrangement met State law.
6 Mr. Joffrion replied in the affirmative.
7 President Pro Tem Kling called for the vote on the above
8 resolution, and it was unanimously adopted by the Council members
9 present.
10 President Pro Tem Kling stated the next item on the agenda
11 was Legal Department Items/Transactions.
12 Councilman Russell read and introduced an ordinance
13 authorizing the vacation of two 5-ft. Utility and Drainage
14 Easements, Lots 1 & 2, Block 1, Rideout Centre, Plat Book 34,
15 Page 46, as follows:
16 (ORDINANCE NO. 05-805)
17 Councilman Russell moved for approval of the foregoing
18 ordinance, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted by the Council members present.
20 Councilman Russell read and introduced an ordinance
21 authorizing the vacation of a portion of a 5-foot Utility and
22 Drainage Easement, Lot 1, William Hooper Stevens Subdivision,
23 Plat Book 39, Page 51, as follows:
24 (ORDINANCE NO. 05-806)
25 Councilman Russell moved for approval of the foregoing
26 ordinance, which motion was duly seconded by Councilwoman Moon,
0050
1 and was unanimously adopted by the Council members present.
2 Councilman Russell read and introduced a resolution
3 authorizing the Mayor to consent to the vacation of a portion of
4 a right-of-way at Holmes Avenue and Lincoln Street in order to
5 reconfigure the intersection (301 Holmes Avenue), as follows:
6 (RESOLUTION NO. 05-807)
7 Councilman Russell moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilwoman Moon.
9 Councilman Russell asked for a brief explanation of the
10 above item.
11 Mr. Cunningham stated that the Engineering Department was
12 working on the reconfiguration of the intersection. He stated
13 that some of the right-of-way was no longer needed for
14 right-of-way purposes and needed to be vacated.
15 President Pro Tem Kling called for the vote on the above
16 resolution, and it was unanimously adopted by the Council members
17 present.
18 Councilman Russell read and introduced a resolution
19 authorizing the vacation of a portion of a right-of-way at Holmes
20 Avenue and Lincoln Street in order to reconfigure the
21 intersection (303 Holmes Avenue), as follows:
22 (RESOLUTION NO. 05-808)
23 Councilman Russell moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted by the Council members present.
26
0051
1 Upon motion, duly seconded, it was voted to adjourn.
2
3 ______________________________
4 PRESIDENT OF THE CITY COUNCIL
5
6 ATTEST:
7
8 ______________________________
9 CITY CLERK-TREASURER
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