1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD APRIL 24, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on April 24, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Moon
9 Councilpersons: Russell, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Moon called the meeting to order. Rabbi Jeffery
16 Ballon of the B'Nai Sholom Temple led the invocation; members of
17 Boy Scout Troop No. 96 of Epworth Methodist Church led the pledge
18 of allegiance.
19 The minutes of the regular meeting of the Council on
20 April 10, 2003, were approved as submitted.
21 Mayor Spencer asked students from Stone Middle School to
22 come forward to be recognized for a special project they were
23 undertaking and asked one of the students to explain the project.
24
25 One of the students stated they had published a book, noting it
26 was basically a book about their neighborhood and home life.
27 Mayor Spencer congratulated the students for this
28 achievement, noting that the proceeds from the book would go
29 toward the students' college education. She presented
30 certificates to the students.
31 Mayor Spencer announced the Cemetery Stroll would be held on
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1 May 4 from 2:30 to 4:00 p.m.
2 Councilman Watson read and introduced a resolution
3 recognizing Jeff Johnson and Vulcan Materials Company for their
4 services to the City of Huntsville and community, as follows:
5 (RESOLUTION NO. 03-334)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling,
8 and was unanimously adopted.
9 Councilman Watson presented a copy of the resolution to
10 Mr. Mike Kirkland of Vulcan Materials Company, expressing
11 appreciation for the services rendered to the city.
12 President Moon announced the following special recognitions:
13
14 Honorary Citizen Certificates: Valeria Boyd; Curlue Huger,
15 Southeastern Regional Director, Eta Phi Beta Sorority, Inc.,
16 Jacksonville, Florida.
17 Distinguished Service Awards: Lois N. Thompson, Brenda
18 Bennett, and Brenda Beale, service rendered to the Eta Phi Beta
19 Sorority, Inc., Alpha Omega Chapter.
20 Certificate of Appreciation: A.J. Walker, Ashley Renee
21 King, Bianca Nicole Drake, Briana Shamel Barley, Chasity Jackson,
22 Darius Jarrell Steger, Ednice Danielle Sykes, Ellisia Annette
23 McCraw, Imaria Avanrenren, Janay A. Battles, Justine Clarissa
24 Brown, Karl Wesley Henry, Jr., Malcolm-Jamal Martez Nance,
25 Melonye Rae Athey, Michelle DaQuise Morgan, Natasha Nicole
26 Austin, Samantha Shauntay Kellum, Shayla Matisse Lacy, Spencer
27 Denard Matthews, William Councill Morgan, and Winston Ivey II,
0003
1 presented April 10, 2003 RCM, Fifth Annual Junior Cotillion
2 Coronation of the Stars Banquet to be held on April 26, 2003.
3 Danny Pace, Jr., Devorne Garth, Christopher Bell, Andrew
4 Rucker, Tyler Richardson, Trevor Lacey, Adrain McDonald, Exavier
5 Massey, Tevin Cunningham, and Alan Baker, North League 10 & Under
6 Boys Alabama Recreation Park Association (ARPA) basketball team,
7 winner of the State Championship held in Alexander City,
8 March 15-16, 2003, presented April 10, 2003 RCM.
9 Danny Pace, Sr., Manager; JaMauri Elliott, Manager; Trayvion
10 Lacey, Manger; Charles Ray, Director; Thomas Bell, Assistant
11 Coach; Eddie Massey, Assistant Coach; Bobby Rucker, Assistant
12 Coach; and Chris Baker, Assistant Coach; Northern League Boys 10
13 and Under, presented April 10, 2003 RCM.
14 President Moon stated that Item 16.a.2. had been added to
15 the Council's agenda earlier in the day, noting this was an
16 ordinance authorizing the Mayor to execute a quitclaim deed to
17 Huntsville Land Company in connection with Lot 1A of the
18 resubdivision of Southeast Center, as set out in Plat Book 42,
19 Page 30, Office of the Judge of Probate, Madison County, Alabama.
20 President Moon asked Mr. Joffrion to explain this matter.
21 Mr. Joffrion stated the subject property was located on
22 Bailey Cove Road and had previously been owned by the City and
23 that the Council had authorized the conveyance of this property
24 for the construction of a grocery store. He stated that there
25 was a blanket ingress and egress easement that covered the entire
26 lot and that in order to clean up title to the land the City
0004
1 needed to, in effect, receive back from the owner a more specific
2 ingress and egress easement, for a specific number of feet, and
3 to give back the easement that covered the remainder of the
4 property. He stated that the title would have to be cleaned up
5 in order for the owners to go forward with the project.
6 President Moon inquired of Mr. Joffrion if it was not
7 correct that it had taken the acquiescence of four members of the
8 Council to add the item to the agenda.
9 Mr. Joffrion replied in the affirmative.
10 President Moon stated the next item on the agenda was Public
11 Hearings to be Held.
12 President Moon stated it was the time and place in the
13 meeting for a public hearing on Ordinance No. 03-176, concerning
14 the zoning of newly annexed land lying generally on the south
15 side of U.S. Highway 72 West and west of Balch Road to Highway
16 Business C-4 District, which was set on March 13, 2003.
17 Ms. Marie Bostick of the Planning Department stated the
18 property was a 12.38-acre tract of land in the western part of
19 the community which had been recently annexed. She stated it was
20 currently vacant property and that the Planning Commission had
21 unanimously recommended that it be Highway Business C-4 District.
22 President Moon inquired as to whether there was anyone in
23 the audience who wished to speak concerning this matter.
24 There was no response.
25 Councilman Watson moved for approval of Ordinance
26 No. 03-176, concerning the zoning of newly annexed land lying
0005
1 generally on the south side of U.S. Highway 72 West and west of
2 Balch Road to Highway Business C-4 District, which was introduced
3 at the March 13, 2003, Council meeting, as follows:
4 (ORDINANCE NO. 03-176)
5 Said motion was duly seconded by Councilman Russell.
6 President Moon called for the vote on the above ordinance,
7 and it was unanimously adopted.
8 President Moon stated that it was the time and place in the
9 meeting for a public hearing on Ordinance No. 03-248, to repeal
10 the 1982 Code of Ordinances, as amended, and to adopt a new,
11 revised Code of Ordinances, which was set on March 27, 2003.
12 Mr. Joffrion stated that the 1982 Code had been amended many
13 times since its original adoption and a recompilation had been in
14 order. He stated this had taken a number of years but it was
15 final at this time and ready for action by the Council. He noted
16 that each City department had had input into each ordinance that
17 had some application to that particular department. He stated it
18 would be available in electronic form and bound volume form.
19 President Moon inquired as to whether there was anyone in
20 the audience who wished to speak concerning this matter.
21 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
22 Council, inquiring as to whether a hard copy of this would be
23 available at the public library.
24 Mr. Joffrion stated that this certainly could be done. He
25 stated that it had been their practice in the past to make one
26 available not only in the public library but in the Madison
0006
1 County Law Library, as well.
2 Councilman Kling stated that he would place his individual
3 copy of the Code at the front desk and that persons would be able
4 to check it out for review.
5 Councilman Watson moved for approval of Ordinance No.
6 03-248, repealing the 1982 Code of Ordinances, as amended, and
7 adopting a new, revised Code of Ordinances, which was introduced
8 at the March 27, 2003, Council meeting, as follows:
9 (ORDINANCE NO. 03-248)
10 Said motion was duly seconded by Councilman Russell, and it
11 was unanimously adopted.
12 President Moon stated the next item on the agenda was Public
13 Hearings to be Set.
14 Councilman Watson read and introduced a resolution to set a
15 public hearing concerning a public nuisance at 1100 Oster Drive,
16 on May 8, 2003, as follows:
17 (RESOLUTION NO. 03-335)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling.
20 President Moon stated that Mr. Galloway would give sworn
21 testimony at this time.
22 (Prior to testifying, Mr. Galloway was duly sworn by the
23 reporter.)
24 Mr. Jerry Galloway stated that he was Director of Community
25 Development for the City of Huntsville. He stated that his
26 department was required to enforce the City ordinances, and State
0007
1 laws when applicable, as related to junk and litter. He stated
2 that the occupant of the property identified in the resolution
3 had approximately 1 1/2 weeks prior been evicted from the
4 property in accordance with the eviction laws and procedures of
5 the City of Huntsville and the County. He stated that the
6 Sheriff's Department had removed all the items from the dwelling
7 and placed them in the front yard, in the driveway, and in the
8 rear yard. He stated that these items consisted of a significant
9 amount of household furniture, bedding, clothing, boxes of goods,
10 and other debris, as identified in the exhibit before the
11 Council. He stated he had reviewed the property previously and
12 had found that the pictures the Council had, identified as
13 Exhibit A, in essence identified the condition of the property as
14 it existed at this time. He stated that the property was a
15 public nuisance and presented a potential health and safety
16 hazard to the general public.
17 Councilman Watson noted the tremendous amount of property
18 that had been sitting out in the rain, et cetera, and noted that
19 the legalities they had to go through for this were very
20 extensive. He stated he felt it was a shame that persons would
21 do this to their community.
22 Councilman Russell stated that it seemed to him there would
23 be a better way to handle such matters, such as putting a truck
24 in the driveway and having the contents loaded in such truck,
25 rather than putting it out in the yard and the driveway.
26 Mr. Galloway stated he could not respond to this, inasmuch
0008
1 as this was handled by the Sheriff's Department.
2 Mr. Galloway stated that after they had gone through the
3 process of declaring the property a public nuisance, that if for
4 some reason the owners had not removed the property, the City
5 would then be forced to remove it. He stated they would then
6 keep an accounting of the cost and come back before the Council
7 to place a lien against the property to collect such cost.
8 Mr. Joffrion stated he was attempting to work with the
9 attorney for the property owner to determine if the property
10 owner would willingly come in and clean up the property.
11 Councilman Showers noted that, obviously, the owner of the
12 property was not the owner of the household goods, et cetera, and
13 inquired as to what effort, if any, was made to contact the
14 person who had been living in the house.
15 Mr. Galloway stated that to the best of his knowledge, his
16 department had been unable to locate the tenant, that his
17 whereabouts were unknown. He stated that, however, if they were
18 to find such person, the only recourse would be to cite the
19 person to court and noted that this procedure could take longer
20 than the remedy that was before the Council at this time.
21 Councilman Showers asked Mr. Joffrion if there was some
22 other way that such a matter could be resolved.
23 Mr. Joffrion stated that State law authorized the Sheriff's
24 Department to do this when there was an eviction order. He
25 stated that usually these belongings were placed out in the yard
26 of the location and stated that most of the time the former
0009
1 tenant would pick up the property. He stated that this had not
2 occurred in this instance and that it was an extraordinary amount
3 of debris and furniture and clothing. He stated the City did not
4 have authority to place a dumpster on the property because it did
5 not own the belongings. He noted that the owner had a certain
6 period of time within which they could recover the belongings.
7 Councilman Watson stated he agreed with the other Council
8 members that there must be a better way to handle such a matter.
9 Councilman Showers inquired of Mr. Galloway as to what would
10 be the next step in this matter.
11 Mr. Galloway stated that, as far as his department was
12 concerned, if the Council passed this action, they would have to
13 post the properties with signs stating that the property had been
14 declared a public nuisance and that the owners of the property or
15 any other persons who had objections to this should appear at the
16 specified Council meeting. He stated that, also, the owner of
17 the property would be notified that the public hearing would be
18 held on May 8th to hear any objections as to why the property
19 should not be removed by the City and why a lien against the
20 property would not occur because of such action.
21 Councilman Showers inquired if there was any type of
22 emergency code in the legislation that would provide the City the
23 opportunity to remove this debris at this time.
24 Mr. Galloway replied in the negative.
25 Councilman Kling stated that he felt the Council should
26 attempt to determine if there might be some modifications that
0010
1 could be made statewide to the ordinance, stating that he felt
2 other communities would be having similar problems.
3 President Moon called for the vote on Resolution No. 03-335,
4 and it was unanimously adopted.
5 President Moon stated the next item on the agenda was
6 Communications from the public.
7 Mr. Dean Westerfield, 703 Holmes Avenue, appeared before the
8 Council, stating that Humphrey's night club in the downtown area
9 had been issued a permit to have live music and that they had set
10 up outside in the alley beside the facility, in front of a brick
11 wall which acted as a megaphone and broadcast the music to the
12 entire district. He stated that he lived a half mile away from
13 Humphrey's and could hear the music clearly in the evenings,
14 noting that some weeks this music was played seven nights a week
15 until 1:30 in the morning. He stated he was certain the Council
16 did not intend for this to happen. He stated that many persons
17 in the area were upset about this situation.
18 Mr. Westerfield stated he had contacted the City's
19 environmental department about this matter and that this
20 department had contacted the establishment and asked them to
21 control the sound and that they had ignored this request. He
22 stated that they had then been cited and that there had been a
23 court date and that they had pled "Not Guilty" and had gotten a
24 continuance. He stated the implication was they would attempt to
25 influence the City to allow them to continue with this music.
26 Councilman Kling stated that when the Council had considered
0011
1 the situation with the Furniture Factory, he thought some
2 guidelines had been put in concerning such situations and asked
3 Mr. Joffrion to look into this matter and advise the Council.
4 Mr. Joffrion stated they could certainly look at the
5 Furniture Factory's restrictions, if there were any imposed when
6 the license had been issued. He noted that Humphrey's license
7 had already been issued and stated that they would have to look
8 at that as well. He stated that if the establishment was
9 violating the noise ordinance and a citation had been issued, it
10 would be prosecuted.
11 Councilman Watson stated that once it got into the court
12 system, the Council would not have any say in the matter. He
13 stated that he would take it upon himself to go to the
14 establishment and speak with the manager about the situation.
15 Ms. Gloria Mims of Natural Resources appeared before the
16 Council, stating the trial date on this matter was May 28th.
17 Councilman Russell inquired as to what law had been violated
18 by the establishment.
19 Ms. Mims stated they had violated the noise ordinance. She
20 stated that the way these matters were generally handled was they
21 tried to work with the offender initially, and if this was to no
22 avail, they would be cited and would subsequently go to court.
23 Councilman Russell inquired as to how they had tried to work
24 with them and what the response had been.
25 Ms. Mims stated that her department had met with four of the
26 club managers and the club owner and had made sure they
0012
1 understood what the noise ordinance required and had worked with
2 them to adjust the level of the music so that it would not be in
3 violation of the ordinance. She stated that there had been
4 short-term improvements and then things would return to the prior
5 situation. She stated that they had now issued a citation.
6 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
7 Council, stating that a citizen had complained about water behind
8 Wholesale Warehouse flooding homes in the area. She stated that
9 she would appreciate it if someone would look into this.
10 Ms. Reed stated that the prior day she had attended a House
11 Committee meeting in Montgomery on House Bill 501, the Sunshine
12 Law. She stated that this entire law had been rewritten and that
13 it no longer concerned character and name but that it was being
14 changed to where anything could be done in executive sessions.
15 She stated that the lawyers had rewritten this in their
16 self-interest. She urged the citizens to assist her in stopping
17 this bill at this time, so that there would not be more going on
18 behind closed doors without the public.
19 Ms. Reed stated that she had attended a School Board meeting
20 and was involved quite a bit with the land swap on Holmes Avenue
21 in the area where she lived. She stated that there was enough
22 traffic in this area at this time. She stated that the Council
23 should get involved in this matter.
24 Ms. Reed noted that an item on the agenda concerning the
25 Federal Building Authority building general officers quarters at
26 Redstone Arsenal and asked that this matter be discussed in
0013
1 detail for the public's benefit. She questioned why the City was
2 involved in the Federal building business.
3 Ms. Reed urged that the City get out of the lawsuit
4 concerning the downtown church and the historical district. She
5 stated that they should not allow the Commission to hold that
6 house hostage. She stated that the federal lawsuit was costing
7 the City and the taxpayers a lot of money.
8 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
9 Council, stating that Mr. Tom Sisco of the Engineering Department
10 had been of great assistance to his community in doing a traffic
11 survey in their neighborhood. He stated that not only had he
12 done the survey but he had taken the time to explain the data to
13 the residents in the area. He stated that they certainly
14 appreciated this effort on Mr. Sisco's behalf.
15 Mr. Cox stated that he would also like to state his
16 appreciation to Mr. Warren Campbell, a hydrologist in
17 Engineering, stating that a number of persons in his neighborhood
18 had contacted him when they had heard about the work that was
19 going to be done on Martin Road on the Arsenal, and the fact that
20 they were going to be building a new bridge across McDonald Creek
21 and filling in a large area of wetlands. He stated that the
22 citizens in his neighborhood that had been flooded out in the
23 Aldridge Creek flood were concerned that the work on the Arsenal
24 across McDonald Creek might contribute to the flooding problem
25 along McDonald Creek. He stated that they had had a lengthy
26 conversation with Dr. Campbell concerning this and that, also,
0014
1 Dr. Campbell had referred them to an individual on the Arsenal
2 concerning the matter. He stated that at this time he felt they
3 were comfortable with what they had been told about this
4 situation. He asked that the City continue to be vigilant as
5 this work was done on Martin Road on the Arsenal.
6 Mr. Cox stated that Councilman Kling had been notified of a
7 problem concern discarded furniture at an apartment complex on
8 Patton Road and that Councilman Kling had advised them that he
9 had asked Sgt. Roberts of the Police Department to enforce the
10 ordinance. He asked for an update on this situation.
11 Councilman Kling stated he had sent Mr. Cox a letter about
12 this a few days prior. He stated that the director of the
13 Sanitation Department had notified the property owner on numerous
14 occasions about the complaints he had received but that the
15 problem did not appear to get permanently resolved. He stated
16 that Sgt. Roberts of the Police Department had gone to follow up
17 on this matter and stated that it appeared a problem had
18 developed, according to the property owner, where other persons
19 not connected to the property owner had seen fit to use this as a
20 neighborhood discarding area. He stated that the Police
21 Department had worked with the Public Works/Sanitation Department
22 to clean up this area and to monitor for repeat violations that
23 were taking place. He stated that he thought Sgt. Roberts would
24 be in contact with Mr. Cox concerning whether the Community Watch
25 chapter in the neighborhood could serve as monitors on this area
26 as persons from other parts of the city would come over and dump
0015
1 debris in this area, so that they could get license tags, et
2 cetera, in an effort to keep this from happening.
3 Mr. Cox stated that he did not feel anyone from outside the
4 area brought in this discarded furniture, noting he felt it came
5 out of the apartments. He stated that all of a sudden the
6 furniture had disappeared but noted that he had determined it had
7 gone down the street approximately two blocks and had been placed
8 in the yard of a house that was also managed by the realtor that
9 managed the apartment complex. He stated Public Works would then
10 come by and pick it up and pay to have it dumped and this person
11 would not have to pay for this. He stated the problem was not
12 another agency impacting a neighborhood but was defective
13 ordinances impacting the neighborhood.
14 Councilman Kling asked that Sgt. Roberts contact Mr. Cox
15 concerning this situation.
16 President Moon stated the next item on the agenda was Board
17 Appointments to be Voted On.
18 Councilman Watson read and introduced a resolution to
19 reappoint Hundley Batts to the Industrial Development Board, for
20 a term to expire May 23, 2009, as follows:
21 (RESOLUTION NO. 03-336)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Showers,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution to
26 reappoint Fred Crauswell to the Health Care Authority, for a term
0016
1 to expire April 12, 2009, as follows:
2 (RESOLUTION NO. 03-337)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Showers,
5 and was unanimously adopted.
6 Councilman Kling read and introduced a resolution to
7 reappoint Betsy Lowe to the Museum Board, for a term to expire
8 May 9, 2009, as follows:
9 (RESOLUTION NO. 03-338)
10 Councilman Kling moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Russell,
12 and was unanimously adopted.
13 Councilman Kling read and introduced a resolution to
14 reappoint Mike Segrest to the Industrial Development Board, for a
15 term to expire May 27, 2009, as follows:
16 (RESOLUTION NO. 03-339)
17 Councilman Kling moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Russell,
19 and was unanimously adopted.
20 President Moon stated the next item on the agenda was Board
21 Appointment Nominations.
22 Councilman Russell nominated Crawford Howard for
23 reappointment to the Bingo Review Committee, for a term to expire
24 April 8, 2005.
25 Councilman Watson nominated Ray White for reappointment to
26 the Bingo Review Committee, for a term to expire April 8, 2005.
0017
1 Councilman Showers nominated Bernice Burnet, for appointment
2 to the Beautification Board, for a partial term to expire
3 February 10, 2006.
4 Councilman Kling nominated Dr. Jim Richards for appointment
5 to the Beautification Board, for a partial term to expire
6 February 10, 2005.
7 President Moon stated the next item on the agenda was
8 Approval of Expenditures.
9 Councilman Kling asked that this matter be taken up at a
10 later time in the meeting.
11 Mayor Spencer announced the appointments of Peter Lowe and
12 Danny Wigginton to the Historical Board.
13 Mayor Spencer invited the public to attend Panoply the
14 following weekend.
15 Mayor Spencer announced that the Alabama League of
16 Municipalities would also be meeting in the city over the
17 weekend.
18 Councilman Watson stated that he would like to introduce for
19 the Council's consideration a change in the ordinance on hotel
20 charges from 5 percent to 6 percent. He stated that this was the
21 only way he had found to obtain money to possibly go into the
22 operation cost for SCI-Quest. He stated that Huntsville was the
23 only city that did not support such a center and stated that he
24 felt they needed to look into this matter.
25 Councilman Watson read and introduced Ordinance No. 03-340,
26 amending Ordinance No. 92-22 (lodging tax ordinance).
0018
1 Mayor Spencer asked the Council to consider having some of
2 these funds earmarked for recreation.
3 Councilman Watson stated that he would be meeting with
4 Animal Control and the Police Department in an attempt to come up
5 with a solution for handling barking dogs in the neighborhoods.
6 Councilman Watson stated that repair to city streets was a
7 problem the Council was facing on a daily basis, noting they did
8 not have the money to repair all the streets that needed to be
9 repaired and that they tried to take the streets on a priority
10 basis. He stated that he wanted persons in the city to know that
11 the Council was concerned with this and also with the traffic
12 calming methods in the neighborhoods.
13 Councilman Watson stated he felt the noise ordinance had
14 been effective and asked that the Police Department keep
15 enforcing it.
16 Councilman Watson stated he had recently attended the alumni
17 reunion at Oakwood College and stated this had been a terrific
18 event. He thanked Oakwood College for the good will and the
19 money that was brought into the community by this event.
20 Councilman Kling stated that he had had a very good town
21 meeting on the prior Monday, noting that he felt there were some
22 good issues that had been discussed.
23 Councilman Kling stated that earlier in the day he and
24 members of the Traffic Engineering Department had had a good
25 meeting with representatives of the Triana Village neighborhood
26 and stated that the City was working with the residents to come
0019
1 up with a plan for traffic calming in this area. He stated that
2 it appeared that the plan that was presented was very
3 satisfactory to the residents in the area.
4 Councilman Kling stated that there had been a meeting with
5 residents who lived on Covemont and Fairmont concerning drainage
6 problems in this area and stated that the staff had worked very
7 well with the residents in this regard and that he felt a good
8 solution had been found.
9 Councilman Kling inquired as to whether if there were new
10 revenues being developed as a result of tourism if this money
11 could be used to go to some of the special appropriation agencies
12 such as Burritt Museum, the Botanical Garden, the Museum of Art,
13 et cetera. He stated that this would perhaps free up some money
14 that would have been appropriated to these agencies and they
15 could then take this money and work on traffic calming projects.
16 Councilman Russell stated that on the prior Monday the
17 committee to study the wine tasting ordinance had met and had had
18 a very productive discussion concerning the ordinance. He stated
19 that this group consisted of himself; members of affected City
20 departments, as well as wine retailers and concerned citizens.
21 He stated that the plan was to have a draft of the ordinance for
22 the committee's review in the next few days and to bring this
23 before the Council for action at the next meeting of the Council.
24
25 Councilman Russell stated that he had attended the citywide
26 opening day of the softball and baseball leagues at Joe Davis
27 Stadium and congratulated Ralph Stone and his department for a
0020
1 terrific job in regard to this event.
2 Councilman Showers stated that he had held a town meeting on
3 the prior Monday night at the North Precinct. He stated that
4 they had had a very good meeting of citizens in this area and
5 that the subject had been traffic calming. He stated that it
6 appeared that traffic calming was high on the list of things to
7 be accomplished in the city.
8 Councilman Showers asked that Mr. Hatfield provide a status
9 report on the Carmichael Drive project as soon as possible. He
10 stated that several years ago when I-565 was being constructed a
11 dirt pit had been created on Carmichael Drive and stated that the
12 City had agreed to spend a lot of money to replace this site. He
13 stated there had been an agreement to have a park but stated that
14 the citizens at that time did not want a park. He stated that,
15 however, at this time this was an ideal site for a passive park
16 and stated that he had been advised that the citizens in this
17 area now wanted this type park.
18 President Moon expressed appreciation to Mr. Tim Barnes and
19 the Planning Department for an atlas of Huntsville-Madison
20 County, which she stated she felt was a first-rate resource. She
21 stated that this covered population, housing, education,
22 transportation, socio-economic, and geographical characteristics
23 of the community.
24 President Moon stated that another good resource that had
25 been produced was "A Walking Tour of Huntsville Trees," which had
26 been produced by the Huntsville Tree Commission. She stated that
0021
1 this covered the different trees in the downtown area.
2 President Moon thanked County Commissioner Mike Gillespie
3 for a donation made toward lighting soccer fields in the city.
4 She stated that she certainly appreciated this type of
5 cooperation between the County and the City.
6 Councilman Kling read and introduced a resolution
7 authorizing the expenditures for payments, as follows:
8 (RESOLUTION NO. 03-341)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Showers,
11 and was unanimously adopted.
12 Councilman Kling stated that the mid-year budget review was
13 scheduled for the May 15th work session, to be held in the 7th
14 Floor Council Conference Room at 6 p.m.
15 Councilman Kling stated, concerning the upcoming year's
16 fiscal year budget, that they would be seeking input from Council
17 members as far as items or priorities that they would like to see
18 in the upcoming fiscal year budget. He stated that Mr. Taylor of
19 the Finance Department would be contacting the respective
20 secretaries for the Council members early in the summer
21 concerning this situation, so that they could start as early as
22 possible to attempt to schedule the budget hearings.
23 Councilman Kling stated that as they got into the operating
24 budget in the fall, they would schedule the City departments
25 first and then the special appropriation agencies.
26 Councilman Showers advised Mr. Hatfield that a resident at
0022
1 3606 Timbercrest, which was located next to a ditch, had
2 contacted him with regard to this area being infested with
3 snakes. He stated that something had to be done regarding this
4 situation.
5 President Moon stated the next item on the agenda was New
6 Business Items for Introduction.
7 President Moon introduced Ordinance No. 03-342, concerning
8 the reannexation of land lying generally on the east side of
9 County Line Road and south of U.S. Highway 72 West.
10 President Moon stated the next item on the agenda was New
11 Business Items for Consideration or Action.
12 Councilman Watson read and introduced a resolution
13 authorizing the Mayor to enter into an agreement between the City
14 of Huntsville and Unisys Corporation for Development of an RFP
15 for Mapper Migration, as follows:
16 (RESOLUTION NO. 03-343)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Mayor to submit the Community Development FY03
22 One Year Action Plan July 1, 2003 through June 30, 2004, as
23 follows:
24 (RESOLUTION NO. 03-344)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0023
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to enter into an Agreement with the Alabama
4 Umpires Association, as follows:
5 (RESOLUTION NO. 03-345)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling,
8 and was unanimously adopted.
9 Councilman Watson moved for approval of a request for
10 authorization to fill 17 Firefighter positions in the Huntsville
11 Fire & Rescue Department, which motion was duly seconded by
12 Councilman Kling, and was unanimously approved.
13 Councilman Watson read and introduced a resolution
14 authorizing the issuance of advanced travel funds for Community
15 Development, as follows:
16 (RESOLUTION NO. 03-346)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the acceptance of donation to the Department of
22 Recreation Services in the amount of $16,000 from Mike Gillespie,
23 Chairman of the Madison County Commission, to be used towards the
24 cost of lighting soccer fields at John Hunt Soccer Park; donation
25 from Vulcan Materials Company for approximately $5,000 - $6,000
26 in base material for the parking lot at Stoner Field; and
0024
1 donation from an individual in the amount of $28,746 to be used
2 for personnel costs, as follows:
3 (RESOLUTION NO. 03-347)
4 Councilman Watson moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Kling,
6 and was unanimously adopted.
7 Councilman Watson read and introduced a resolution
8 authorizing the Mayor to enter into agreements with the low
9 bidders meeting specifications as outlined in the attached
10 Summary of Bids for Acceptance, as follows:
11 (RESOLUTION NO. 03-348)
12 Councilman Watson moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 Councilman Watson read and introduced an ordinance declaring
16 certain equipment surplus and to be sold, as follows:
17 (RESOLUTION NO. 03-349)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance declaring
22 certain equipment surplus and to be sold to the Madison County
23 Commission, as follows:
24 (RESOLUTION NO. 03-350)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0025
1 and was unanimously adopted.
2 Councilman Watson read and introduced an ordinance declaring
3 certain equipment surplus and to be sold to the City of
4 Scottsboro, as follows:
5 (RESOLUTION NO. 03-351)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling,
8 and was unanimously adopted.
9 Councilman Watson read and introduced a resolution
10 authorizing the Mayor to enter into an Agency Appropriation
11 Agreement with the Green Mountain Volunteer Fire Department, as
12 follows:
13 (RESOLUTION NO. 03-352)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Kling,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Clerk-Treasurer to invoke subdivision
19 improvements letter of credit number 00-221 for Creekstone
20 Subdivision, as follows:
21 (RESOLUTION NO. 03-353)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to enter into an agreement with G. W.
0026
1 Jones & Sons Consulting Engineers, Inc., for engineering services
2 for President's Way Drainage Improvements, Project #65-03-DM30,
3 as follows:
4 (RESOLUTION NO. 03-354)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the Mayor to enter into a Renewal Agreement with
10 Atkinson Farms for the lease of farm land in Cummings Research
11 Park, as follows:
12 (RESOLUTION NO. 03-355)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Watson read and introduced a resolution
17 authorizing the Mayor to enter into a Renewal Agreement with Alan
18 Wade Murphy, Harold Wade Murphy and Kathleen Murphy for the lease
19 of farm land in the vicinity of the western area treatment plant,
20 as follows:
21 (RESOLUTION NO. 03-356)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to amend the contract with Sue-Jac, Inc.,
0027
1 for Big Cove Wastewater Treatment Plant, Project
2 #CS-010-307-08-3, by Change Order No. 3, as follows:
3 (RESOLUTION NO. 03-357)
4 Councilman Watson moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Kling,
6 and was unanimously adopted.
7 Councilman Watson read and introduced a resolution
8 authorizing the Mayor to modify the agreement with Tetra Tech,
9 Inc., for additional design services at East Limestone County
10 Sewer Extension, Phase I, Project #65-02-SM02, by Modification
11 No. 2, as follows:
12 (RESOLUTION NO. 03-358)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Watson read and introduced a resolution
17 authorizing the Mayor to modify the agreement with Tetra Tech,
18 Inc., for additional design services at East Limestone County
19 Sewer Extension, Phase II, Project #65-01-SS07, by Modification
20 No. 2, as follows:
21 (RESOLUTION NO. 03-359)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling,
24 and was unanimously adopted.
25 Councilman Kling read and introduced an ordinance to rename
26 Veterans Drive in Oakhurst Subdivision to Woodhurst Drive, as
0028
1 follows:
2 (ORDINANCE NO. 03-360)
3 Councilman Kling moved that unanimous consent be given for
4 the immediate consideration of and action on said ordinance,
5 which motion was duly seconded by Councilman Russell and upon
6 said motion being put to vote, the following vote resulted:
7 AYES: Russell, Showers, Kling, Watson, Moon
8 NAYS: None
9 President Moon stated that the motion for unanimous consent
10 for immediate consideration of and action on said ordinance had
11 been unanimously carried.
12 Councilman Watson thereupon moved that said ordinance be
13 finally adopted, which motion was duly seconded by
14 Councilman Russell and was unanimously adopted.
15 Councilman Kling read and introduced an ordinance concerning
16 the annexation of land lying generally on the south side of U.S.
17 Highway 72 West and on the east side of County Line Road, as
18 follows:
19 (ORDINANCE NO. 03-361)
20 Councilman Kling moved that unanimous consent be given for
21 the immediate consideration of and action on said ordinance,
22 which motion was duly seconded by Councilman Russell and upon
23 said motion being put to vote, the following vote resulted:
24 AYES: Russell, Showers, Kling, Watson, Moon
25 NAYS: None
26 President Moon stated that the motion for unanimous consent
0029
1 for immediate consideration of and action on said ordinance had
2 been unanimously carried.
3 Councilman Watson thereupon moved that said ordinance be
4 finally adopted, which motion was duly seconded by
5 Councilman Kling and was unanimously adopted.
6 Councilman Kling read and introduced an ordinance to amend
7 Ordinance 89-79 by creating a Park Naturalist, Grade 17, as
8 follows:
9 (ORDINANCE NO. 03-362)
10 Councilman Kling moved that unanimous consent be given for
11 the immediate consideration of and action on said ordinance,
12 which motion was duly seconded by Councilman Showers and upon
13 said motion being put to vote, the following vote resulted:
14 AYES: Russell, Showers, Kling, Watson, Moon
15 NAYS: None
16 President Moon stated that the motion for unanimous consent
17 for immediate consideration of and action on said ordinance had
18 been unanimously carried.
19 Councilman Watson thereupon moved that said ordinance be
20 finally adopted, which motion was duly seconded by
21 Councilman Showers.
22 President Moon asked Mr. Ralph Stone for a brief explanation
23 of the above item.
24 Mr. Stone stated that this was a position which was being
25 created for the Hays Nature Preserve. He stated that this person
26 would manage the property and create new programs, work with
0030
1 wetland issues, et cetera, concerning the nature preserve.
2 Councilman Watson noted that originally the position had
3 been intended as just a park naturalist but it had resulted that
4 there would be other options for this employee, such as being
5 involved in grant writing, et cetera.
6 Councilman Watson stated that Mr. John Hays had agreed to
7 pay the personnel cost for this person until the new budget was
8 initiated due to the fact that the City did not have the money
9 for this position. He expressed appreciation for this
10 generosity.
11 President Moon called for the vote on Ordinance No. 03-362,
12 and it was unanimously adopted.
13 Councilman Kling moved for approval of a request for
14 authorization to advertise and fill the position of Park
15 Naturalist, Grade 17, at a step higher than entry level, which
16 motion was duly seconded by Councilman Showers, and was
17 unanimously approved.
18 Councilman Watson read and introduced an ordinance to amend
19 Ordinance No. 89-79, entitled the "City of Huntsville
20 Classification and Salary Plan," to reclassify the position of
21 Fire & Rescue Community Relations/Communications Officer, grade
22 17, as Fire and Rescue Community Relations Officer, grade 16 and
23 to establish the position entitled Fire and Rescue Hazardous
24 Material/Special Operations Chief, grade 17, as follows:
25 (ORDINANCE NO. 03-363)
26 Councilman Kling moved that unanimous consent be given for
0031
1 the immediate consideration of and action on said ordinance,
2 which motion was duly seconded by Councilman Watson and upon said
3 motion being put to vote, the following vote resulted:
4 AYES: Russell, Showers, Kling, Watson, Moon
5 NAYS: None
6 President Moon stated that the motion for unanimous consent
7 for immediate consideration of and action on said ordinance had
8 been unanimously carried.
9 Councilman Kling thereupon moved that said ordinance be
10 finally adopted, which motion was duly seconded by
11 Councilman Watson.
12 President Moon called for the vote on Ordinance No. 03-363,
13 and it was unanimously adopted.
14 Councilman Kling read and introduced an ordinance to amend
15 Budget Ordinance No. 02-721, adopted and approved on
16 September 26, 2002, by changing appropriated funding and the
17 authorized personnel strength within various department, as
18 follows:
19 (ORDINANCE NO. 03-364)
20 Councilman Kling moved for approval of the foregoing
21 ordinance, which motion was duly seconded by Councilman Watson.
22 Councilman Kling asked for an explanation of the above item.
23 Mr. Randy Taylor stated that there were a number of budget
24 actions included in this ordinance, noting that one was to
25 provide approximately $28,000 of funding in the Recreation
26 Department budget for the position at the Hays Preserve that had
0032
1 just been approved by the Council and also to add this position
2 to the authorized strength of the department, and, secondly, to
3 delete two positions in the Fire & Rescue Department and add two,
4 which had been included in the salary plan ordinance which the
5 Council had adopted.
6 President Moon called for the vote on Ordinance No. 03-364,
7 and it was unanimously adopted.
8 Councilman Kling read and introduced an ordinance declaring
9 certain equipment surplus and to be donated to Botanical Gardens,
10 as follows:
11 (ORDINANCE NO. 03-365)
12 Councilman Kling moved for approval of the foregoing
13 ordinance, which motion was duly seconded by Councilman Russell.
14 Councilman Kling asked for an explanation of the above item.
15 Mr. Abbott stated that this was for trucks that were
16 approximately 11 to 14 years old. He stated that they had
17 recently gone through their fleet and offered certain units to
18 other departments throughout the City and that these were some
19 that were left over which they were recommending be donated to
20 the Botanical Gardens at this time.
21 President Moon called for the vote on Ordinance No. 03-366,
22 and it was unanimously adopted.
23 Councilman Kling read and introduced a resolution
24 authorizing the Mayor to enter into an agreement between the City
25 of Huntsville and the Limestone County Water and Sewer Authority,
26 as follows:
0033
1 (RESOLUTION NO. 03-366)
2 Councilman Kling moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Showers.
4 Councilman Russell requested an explanation of the above
5 item.
6 Mr. Abbott stated that this was a similar arrangement as the
7 City had with Huntsville Utilities, where they billed for their
8 collection of the garbage fees and sewage fees. He stated that
9 they billed the City so much for each account. He stated that at
10 the present time there were approximately 110 accounts that were
11 being billed through the Limestone County Water Authority,
12 stating that this was not cost effective and that he and
13 Mr. Lovelady had agreed that this rate would be justified. He
14 stated that at some point when they reached a maximum of
15 approximately 1,000 units, the rate could be reduced. He stated
16 that the only other option in this matter was for the City to
17 bill directly to the homeowners.
18 Councilman Russell inquired as to whether the citizens of
19 Limestone County were paying the same rate as the citizens of
20 Huntsville were paying.
21 Mr. Abbott replied in the negative.
22 Councilman Russell inquired as to how this rate was figured.
23 Mr. Abbott stated that Huntsville Utilities was
24 approximately 40 cents per unit and that this would be $1.20 per
25 unit. He stated that once this was capped at around 1,000 units,
26 Limestone County had agreed to reduce the rate to a lower fee.
0034
1 President Moon called for the vote on Resolution No. 03-366,
2 and it was unanimously adopted.
3 Councilman Kling read and introduced an ordinance declaring
4 certain equipment surplus and to be sold, as follows:
5 (ORDINANCE NO. 03-367)
6 Councilman Kling moved for approval of the foregoing
7 ordinance, which motion was duly seconded by Councilman Watson.
8 Councilman Kling asked for a brief explanation of the above
9 item.
10 Mr. Abbott stated this concerned the remainder of the units
11 that had been offered to the departments, noting they would be
12 put on the Gov.deal program.
13 President Moon called for the vote on Ordinance No. 03-367,
14 and it was unanimously adopted.
15 Councilman Showers read and introduced a resolution
16 authorizing the Mayor to execute an agreement between the City of
17 Huntsville and the City of Huntsville Federal Building Authority
18 for the construction of General Officers Quarters on Redstone
19 Arsenal, as follows:
20 (RESOLUTION NO. 03-368)
21 Councilman Showers moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson.
23 Councilman Kling asked for a general explanation of matter.
24 Mr. Joffrion stated that more than a year prior the Council
25 had authorized the creation of the Huntsville Federal Building
26 Authority, noting that one of the purposes of this Authority was
0035
1 to facilitate the building of three general officers quarters on
2 Redstone Arsenal that would ultimately be owned by the Federal
3 Government. He stated that at that time the Council had
4 authorized the transfer of monies for that purpose and stated
5 that since that time they had been waiting for all the approvals
6 to be obtained through the Federal Government, noting that this
7 had taken a substantial period of time. He stated that the prior
8 day the Federal Building Authority had held its organizational
9 meeting and had approved all the agreements required in order to
10 move forward with the project, subject, of course, to the
11 Council's consideration and approval of this item on the agenda.
12 Councilman Kling inquired if it was correct that these
13 houses would be built on Arsenal property.
14 Mr. Joffrion replied in the affirmative.
15 President Moon called for a roll-call vote on Resolution
16 No. 03-368, and the following vote resulted:
17 AYES: Showers, Russell, Watson, Kling
18 NAYS: Moon
19 Councilman Showers read and introduced a resolution
20 authorizing the Mayor to enter into an agreement with G.W.
21 Jones & Sons Consulting Engineers, Inc., for Engineering Services
22 for Mount Vernon Road Drainage Improvements, Project #65-03-DM29,
23 as follows:
24 (RESOLUTION NO. 03-369)
25 Councilman Showers moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Watson.
0036
1 Councilman Showers asked for aa explanation of this matter.
2 Mr. Tom Cunningham stated that this concerned a contract for
3 design services for drainage improvements in the Mount Vernon
4 area, including addressing open ditches, as well as roadway
5 drainage. He stated that hopefully this would eliminate some
6 flooding and erosion problems that were presently being
7 experienced by the residents in this neighborhood.
8 President Moon called for the vote on Resolution No. 03-369,
9 and it was unanimously adopted.
10 Councilman Showers read and introduced a resolution
11 authorizing the Mayor to enter into a Renewal Agreement with
12 Sublett Farms for the lease of farm land in North Huntsville
13 Industrial Park, as follows:
14 (RESOLUTION NO. 03-370)
15 Councilman Showers moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling.
17 Councilman Kling asked for a brief explanation of the above
18 item.
19 Mr. Cunningham stated that this concerned the renewal of a
20 lease for agricultural uses, for a 12-month term, with the money
21 going back into the North Huntsville Industrial Park Fund.
22 President Moon called for the vote on Resolution No. 03-370,
23 and it was unanimously adopted.
24 Councilman Showers read and introduced a resolution
25 authorizing the Mayor to enter into a Renewal Agreement with
26 Tyler Denton for the lease of farm land in North Huntsville
0037
1 Industrial Park, as follows:
2 (RESOLUTION NO. 03-371)
3 Councilman Showers moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Watson.
5 Councilman Showers asked for an explanation of the item.
6 Mr. Cunningham stated that this was a similar type lease as
7 the above item, for the same purpose, agricultural use, stating
8 that the money would go back into the North Huntsville Industrial
9 Park Fund.
10 President Moon called for the vote on Resolution No. 03-371,
11 and it was unanimously adopted.
12 Councilman Showers read and introduced a resolution
13 authorizing the Mayor to enter into an agreement with The
14 Redstone Military Retirement Residence Association for Stormwater
15 Detention Facility Maintenance, as follows:
16 (RESOLUTION NO. 03-372)
17 Councilman Showers moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Russell.
19 Councilman Russell asked for an explanation of the item.
20 Mr. Cunningham stated this was a routine agreement the City
21 had with many apartment complexes, whereby they agreed to
22 maintain the stormwater detention basin to a particular level,
23 noting that if they failed to do so, the City had the option to
24 make the necessary improvements and be compensated for this.
25 President Moon called for the vote on Resolution No. 03-372,
26 and it was unanimously adopted.
0038
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to modify the agreement with Tetra Tech,
3 Inc., for additional loan application and loan administration
4 services for the 1997 State Revolving Fund (SRF) Application,
5 Project #CS-010307-07-14, as follows:
6 (RESOLUTION NO. 03-373)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Kling.
9 Mr. Cunningham stated that approximately nine months prior
10 U.S. Fish and Wildlife had come to the City asking questions
11 about some of the SRF projects, with concern about endangered
12 species that might be affected by the construction of such
13 projects. He stated that they had actually delayed the projects
14 for a short period of time until the City had been able to
15 prepare materials and make a presentation to them. He stated
16 that Tetra Tech actually prepared this information, with some
17 assistance from the Engineering staff, and had made the
18 presentation to the officials at Fish and Wildlife. He stated
19 that the officials were satisfied with the explanation and the
20 fact that they were not going to affect any endangered species
21 and had given them authority to move ahead with the project. He
22 stated that the contract before the Council at this time was to
23 compensate Tetra Tech, Inc., for this effort which they had
24 previously performed.
25 President Moon called for the vote on Resolution No. 03-373,
26 and it was unanimously adopted.
0039
1 Councilman Kling read and introduced a resolution
2 authorizing the payment of underwriting fees to Joe Jolly & Co.,
3 Inc., and Morgan Keegan & Company, Inc., (Underwriters) pursuant
4 to the Forward Purchase Contract executed between the City and
5 the Underwriters on April 3, 2003, as follows:
6 (RESOLUTION NO. 03-374)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Russell.
9 Councilman Kling asked for a brief explanation of the above
10 item.
11 Mr. Randy Taylor stated that on April 3, 2003, the Council
12 had approved a forward purchase contract with the underwriting
13 team and noted that the transaction relating to this agreement
14 had been closed the past week, where the City had received the
15 sum of $3.4 million in a refinancing arrangement. He stated the
16 traditional bond agreement included a compensation clause for
17 underwriting but noted this one had not and stated the Council
18 would simply be ratifying the amount of the customary fee.
19 President Moon called for the vote on Resolution No. 03-374,
20 and it was unanimously adopted.
21 President Moon stated the next item on the agenda was Legal
22 Department Items/Transactions.
23 Councilman Watson read and introduced an ordinance to vacate
24 7.5-foot utility and drainage easement, through Lot 276,
25 Tammerack Lakes, Plat Book 40, Page 57 (Dekko; Mill Gate Court),
26 as follows:
0040
1 (ORDINANCE NO. 03-375)
2 Councilman Watson moved for approval of the foregoing
3 ordinance, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Watson read and introduced an ordinance
6 authorizing the Mayor to execute a quitclaim deed to Huntsville
7 Land Co., LLC, in connection with Lot 1A of the resubdivision of
8 Lot of Southeast Center, as set out in Plat Book 42, at Page 30,
9 in the Office of the Judge of Probate of Madison County, Alabama,
10 as follows:
11 (ORDINANCE NO. 03-376)
12 Councilman Watson moved for approval of the foregoing
13 ordinance, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 President Moon inquired as to whether there were any
16 non-roster communications from the public.
17 Mr. Jerry Barnett, 2405 Green Hill Drive, appeared before
18 the Council, stating that he had a question concerning an item on
19 page 3 of the agenda, b.1., a resolution to declare 1100 Oster
20 Drive, NW, a public nuisance and to set the date for a public
21 hearing on May 8. He inquired as to when there was an incident
22 such as this what it would take to make it legal for the City to
23 impound the property rather than sitting it out in the street and
24 then charge the owner a fee for this impoundment, and if it were
25 not picked up, to then auction it off to the general public. He
26 stated that in this way they would not litter up the street and
0041
1 that it would also allow the owner the opportunity to retrieve
2 the property if they would like to do so.
3 Upon motion, duly seconded, it was voted to adjourn.
4
5
6
7 _____________________________
8 PRESIDENT OF THE CITY COUNCIL
9
10 ATTEST:
11
12
13
14 ______________________________
15 CITY CLERK-TREASURER
16
17 _____________________________
18 PRESIDENT OF THE CITY COUNCIL
19
20 ATTEST:
21
22
23
24 ______________________________
25 CITY CLERK-TREASURER