1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD AUGUST 26, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on August 26, 2004, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Russell
9 Councilpersons: Moon, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 (Not Present for Entire Meeting)
13 Administrative Assistant: Hatfield
14 City Attorney: Joffrion
15 City Clerk-Treasurer: Hagood
16 President Russell called the meeting to order. Pastor C.
17 Curtis Eason of the Antioch Baptist Church led the invocation;
18 Councilwoman Moon led the pledge of allegiance.
19 The minutes of the regular meeting of the Council on
20 August 12, 2004, were approved as submitted.
21 Councilman Showers read and introduced a resolution
22 recognizing Willie Hereford for his contributions to the
23 community and city of Huntsville, as follows:
24 (RESOLUTION NO. 04-670)
25 Councilman Showers moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Watson,
27 and was unanimously adopted.
28 Councilman Showers read portions of the resolution honoring
29 Mr. Hereford, noting his assistance to those in the community who
30 felt they did not have any hope. He stated that through
31 Mr. Hereford's hard work and diligence, Sparkman Homes had become
0002
1 a better, safer, and more pleasant area in which to live. He
2 stated that Mr. Hereford had realized early in life the
3 importance of registering and voting in elections and had worked
4 diligently to assist other people in registering to vote. He
5 stated that Mr. Hereford had long espoused the view that one was
6 not a citizen until one became a registered voter and
7 participated in the democratic process by exercising one's
8 constitutional right to vote.
9 Councilman Showers presented a copy of the resolution to
10 Mr. Hereford, expressing appreciation for his many contributions
11 to his community and to the city.
12 Mr. Hereford expressed appreciation for the recognition.
13 Councilman Showers asked that item 15.a on the agenda be
14 considered at this time.
15 President Russell stated that the Council would allow such
16 privilege.
17 Councilman Showers read and introduced an ordinance naming
18 the football field at Cavalry Hill Park in honor of Donald M.
19 Hodge, as follows:
20 (ORDINANCE NO. 04-671)
21 Councilman Showers moved for approval of the foregoing
22 ordinance, which motion was duly seconded by Councilman Watson.
23 Councilman Showers stated he was delighted to acknowledge a
24 man who had meant so much to Huntsville and to the youth in the
25 city. He stated that Mr. Hodge had given 30 years of his life to
26 young people, to develop character and leadership ability in boys
0003
1 and girls. He stated that because of what Mr. Hodge had done in
2 the city, especially at Cavalry Hill with the young people who
3 resided in that neighborhood and around the city, the Council
4 wanted to honor him by naming the football field at Cavalry Hill
5 Park in his honor. He stated that along with stressing winning,
6 Mr. Hodge taught the youth the importance of sportsmanship and
7 getting a good education, as well as respect for parents and
8 community. He expressed appreciation to Mr. Hodge for his many
9 contributions to the city.
10 President Russell called for the vote on Ordinance
11 No. 04-671, and it was unanimously adopted.
12 President Russell stated the next item on the agenda was
13 Public Hearings to be Held.
14 President Russell stated it was the time and place in the
15 meeting for a public hearing on a resolution authorizing the City
16 Clerk-Treasurer to assess the cost of abating a public nuisance
17 against certain properties.
18 Mr. Jerry Galloway stated that the resolution before the
19 Council at this time identified 11 properties that had been in
20 violation of the City's grass and weed ordinance. He stated that
21 the properties were further identified under Attachment A, by the
22 name of the owners, the location of the property, the date
23 Community Development had had to take action, and the cost of
24 said action. He stated that in each case the owners had been
25 given written notification that they were in violation and had
26 been given the opportunity to correct the violation. He stated
0004
1 that the owners had failed to do so and that Community
2 Development had been forced to cut the properties. He stated
3 that they had sent each owner a bill to collect the cost and that
4 in each case the owner had failed to respond. He requested that
5 the Council put assessments against the properties to collect
6 these costs. He stated that the owners had been notified in
7 writing of the proposed action at this time.
8 President Russell inquired as to whether there was anyone in
9 the audience who wished to speak concerning this matter.
10 Dr. Sandra Lance, 204 Drummond Road, appeared before the
11 Council, inquiring as to whether this was the same public hearing
12 that had been set for September 6, when the properties would be
13 seized if they had to be mowed four times in one year.
14 President Russell replied in the negative, stating that what
15 was before the Council at this time was a different issue.
16 Councilman Kling read and introduced a resolution
17 authorizing the City Clerk-Treasurer to assess the cost of
18 abating a public nuisance against certain properties, as follows:
19 (RESOLUTION NO. 04-672)
20 Councilman Kling moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 President Russell stated the next item on the agenda was
24 Public Hearings to be Set.
25 Councilman Showers read and introduced a resolution to set a
26 public hearing for Francis F. Hicks and Christopher L. Davis,
0005
1 d/b/a Classy Limo Service, to operate one limousine in the city
2 of Huntsville, on September 9, 2004, as follows:
3 (RESOLUTION NO. 04-673)
4 Councilman Showers moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Watson,
6 and was unanimously adopted.
7 Mr. Donald H. Gentry, 1200 Hundley Drive, appeared before
8 the Council, stating he was appearing on behalf of all the
9 residents of Hundley Drive. He stated they had some of the
10 problems the Council had been discussing, with weeds and brush
11 growing up in the area, but noted that these were all commercial
12 situations and not residential. He noted that the residential
13 persons took care of their property, that he took care of his
14 property, as did all the other persons who had lived on the
15 street for over 40 years. He stated he had heard that some of
16 the businesses in this area did not have the necessary licenses
17 to operate their businesses. He stated he had heard in the
18 recent political campaign that the candidates running for office
19 desired to improve the quality of life of the citizens of
20 Huntsville. He stated they should start on his street, noting
21 that they certainly needed it.
22 Mr. Gentry stated that for more than 2 years, the quality of
23 life had deteriorated dramatically for the residents of
24 Hundley Drive. He noted that most of the residents of the area
25 were elderly people and that several of them lived alone,
26 including himself. He stated that there were several automotive
0006
1 service businesses that had moved into this neighborhood in a
2 short period of time and stated that these businesses showed no
3 respect or consideration for the residents in the area. He
4 stated that these persons went to their homes after they did
5 their business during the day but that the residents in the area
6 were left with it. He stated that these businesses not only
7 created eyesores but noise and trash that got into the streets
8 and into persons' yards. He stated that he picked up this trash
9 almost daily himself. He stated that these businesses also
10 polluted the grounds and the streams. He stated that there was
11 one lot in the 1300 block of Hundley Drive that he had complained
12 about numerous times, noting that they claimed that this was an
13 automobile salvage yard. He stated that oil, antifreeze,
14 et cetera, was leaked onto the ground at this business. He noted
15 that during heavy rains, an oil film would come down into the
16 gutter, which he stated went directly to Pinhook Creek, which was
17 approximately two blocks away. He stated he had heard complaints
18 about an oil film in Pinhook Creek near the Civic Center and
19 stated that this was probably the source of it. He stated that
20 he was not aware of any of these persons who owned these
21 businesses being taken to environmental court, although he had
22 heard there was an environmental court in the city.
23 Mr. Gentry stated that health hazards were created for the
24 area because of the weeds, et cetera, that grew on several of the
25 lots, noting specifically mosquitos and rats. He stated that he
26 had caught several rats in his vegetable garden recently. He
0007
1 stated that safety hazards were also created, noting that they
2 parked cars completely to the curb on some of the lots, and also
3 out into the street at times. He noted that these cars had
4 jagged metal edges and broken glass. He stated that kids rode
5 bicycles down the streets and stated that they could be severely
6 hurt by striking one of these vehicles.
7 Mr. Gentry stated that the residents in his area had
8 complained previously about conditions in the area and stated
9 that some of the problems had been solved, noting that Community
10 Development and the Code Enforcement Department had cleared up
11 some of the problems.
12 Mr. Gentry stated that there was a 24-hour wrecker service
13 located directly across the street from his residence. He stated
14 that they had several large, diesel-powered trucks that had
15 beepers and winches, et cetera, and that they made noise that
16 could be heard at any hour of the night. He stated that they
17 parked cars in front of the building, to the curb and sometimes
18 in the street. He stated that some of these cars had been on the
19 front part of this lot for well over a year. He stated that he
20 had photographs to document this and that he would be glad to
21 share them with the Council if they had an interest in seeing
22 them. He stated that he was aware that there were other auto
23 service businesses and wrecker services in other parts of the
24 city that had privacy fences around their storage lots. He
25 questioned as to why these businesses did not have such fences.
26 Mr. Gentry stated that the residents in his area were asking
0008
1 the Council that if they had the authority to regulate these
2 business activities, they send the necessary officials to the
3 area and firmly enforce any codes that might apply to these
4 businesses and help them to clean up the streets in their
5 neighborhood. He stated that there were some elderly people in
6 the area who were under stress because of these situations. He
7 stated that they would also like to have some speed control ramps
8 on their street. He stated that it appeared that some persons
9 thought this quarter-mile run was a drag strip.
10 Councilman Kling suggested that the Council hold work
11 sessions to look at Inspection and Community Development. He
12 stated that these departments responded to many complaints that
13 he referred to them that took place within the district he
14 represented. He stated he felt it would be a good thing if they
15 could look at the ordinances that applied, et cetera, concerning
16 matters such as this, and determine if there might be some things
17 they could do with the ordinances. He stated that the
18 Planning Commission and the Council had done very well in dealing
19 with the citywide problem of rusted buses parked in residential
20 areas and separating these from recreational vehicles. He stated
21 that issues such as this were some that he felt could be
22 discussed at a future Council work session. He stated he felt
23 Community Development and Inspection had good staffs and they
24 were very responsive but stated that many times he found they
25 were limited in what they could do because of the authorization
26 they had. He stated he felt the Council could perhaps strengthen
0009
1 some things on the City level and that they could also push as to
2 what they could be allowed to do on the State level.
3 Mr. Gentry stated that the person who lived next door to him
4 did auto body work in his back yard, in the open. He stated he
5 had personally heard this gentleman being told to stop his
6 operation three times. He stated that approximately 2 1/2 months
7 prior a police officer had threatened this gentleman with arrest
8 if he did not quit this business. He stated that the gentleman
9 had not quit, noting he had four cars in his yard at this time
10 that he was working on.
11 Ms. Jackie Reed, 303 Jack Coleman Drive, appeared before the
12 Council, congratulating the persons who had won in the recent
13 election. She stated that the citizens appeared to be happy with
14 what they had and felt the city was doing well. She stated that
15 if the citizens wanted to make any change, there was only one
16 seat remaining to make it in.
17 Ms. Reed stated that someone had asked her to bring to the
18 attention of the Council that Jones Valley Drive needed to be
19 repaved, that there were very bad problems with this street.
20 Ms. Reed stated that she had been advised that the public
21 had difficulty getting into some of the polling places to vote,
22 especially the new Huntsville High School and the polling place
23 across from Grissom High School. She stated that the public
24 should be able to have better access to all polling places.
25 Dr. Sandra Lance, 204 Drummond Road, appeared before the
26 Council, stating that since there had been no work sessions
0010
1 scheduled and no one had been willing to discuss the issue that
2 she had, that a more extensive explanation of what she was about
3 to discuss could be heard on highwaytohealth.net.
4 Dr. Lance stated that she appreciated the opportunity to
5 bring to the attention of the Council a misunderstanding and
6 mischaracterization from something she had said the prior time
7 she had appeared before the Council which had been put into "The
8 Huntsville Times," by Mr. Peck. She stated that this was that
9 she had been legally evicted from her residence. She stated that
10 this was not true.
11 Dr. Lance stated that two Huntsville police officers and a
12 mental health officer had come to her bedroom window, soliciting
13 her to waive her constitutional right against seizure, for them
14 to come onto her property and seize her body to take it to
15 Huntsville Hospital, alleging that she had written a suicide
16 note. She stated that she had not written a suicide note.
17 Dr. Lance stated that she had filed in Probate Court a
18 motion for administration of her mother's estate to which she was
19 entitled without Judge Ragland's discretion. She stated that at
20 a February 4th hearing she had been threatened with arrest and
21 being thrown out into the street by Court Administrator Rankin
22 Sneed, whom she stated had no legal right to be at said hearing
23 because a court administrator could not be appointed unless there
24 was no one else to serve and then only 30 days after the
25 resignation of the executor. She stated that the executor was
26 resigning and there were still adequate assets in her mother's
0011
1 estate to pay her mentally disabled sister her half of the real
2 property. She stated she had planned to practice chiropractic on
3 this property. She stated that at that time she had not known
4 that this business would be in competition with Judge Ragland's
5 employer, Clarice Ragland of Chiropractor Care Center.
6 Dr. Lance stated that at the time the mental health officer
7 had come to her bedroom window, with the threatening and
8 intimidating police officers, Judge Ragland had also been
9 informed of her intent to run against him in the next election
10 because of the many illegal activities that had occurred in her
11 mother's estate, including, but not limited to, failure to show
12 what had happened to the possibly embezzled investments.
13 Dr. Lance stated she had never been evicted from her own
14 property. She stated that an illegal administrator could not get
15 legal eviction against a legally entitled legatee who owned half
16 of the property from the time of her mother's death while the
17 estate contained adequate assets to own the family home in full.
18 Dr. Lance stated that if the Huntsville police had obeyed
19 the mental health officer laws and the commitment laws and not
20 terrorized her out of her property the next day when she had been
21 contacted and told that commitment papers had been signed, that
22 she should get her clothes ready and turn herself in, as if she
23 were some sort of criminal, and if she didn't, the County was out
24 looking for her, that she would have stood her ground and would
25 have never left the property. She stated she had been willing to
26 be arrested for her mother's right to have her estate
0012
1 administered in compliance with the law.
2 President Russell advised Dr. Lance that her time had
3 expired.
4 Dr. Lance asked when someone on the Council was going to
5 assure her that the Huntsville Police were not violating
6 citizens' civil rights and continuing to send them off to North
7 Alabama Regional Hospital.
8 President Russell stated the next item on the agenda was
9 Board Appointments to be Voted on.
10 Councilwoman Moon read and introduced a resolution to
11 reappoint Tristene E. Wessel-Robin to the Alabama Constitution
12 Village/Historic Huntsville Depot Board, for a term to expire
13 June 26, 2007, as follows:
14 (RESOLUTION NO. 04-674)
15 Councilwoman Moon moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling,
17 and was unanimously adopted.
18 Councilwoman Moon read and introduced a resolution to
19 reappoint Rebekah Keith-McKinney to the Alabama Constitution
20 Village/Historic Huntsville Depot Board, for a term to expire
21 June 26, 2007, as follows:
22 (RESOLUTION NO. 04-675)
23 Councilwoman Moon moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Watson,
25 and was unanimously adopted.
26 Councilwoman Moon read and introduced a resolution to
0013
1 reappoint George Heeschen to the Burritt Memorial Committee, for
2 a term to expire October 1, 2008, as follows:
3 (RESOLUTION NO. 04-676)
4 Councilwoman Moon moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Kling,
6 and was unanimously adopted.
7 Councilwoman Moon read and introduced a resolution to
8 reappoint Denise Grayson to the Burritt Memorial Committee, for a
9 term to expire October 1, 2008, as follows:
10 (RESOLUTION NO. 04-677)
11 Councilwoman Moon moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Watson,
13 and was unanimously adopted.
14 Councilwoman Moon read and introduced a resolution to
15 reappoint Levon Nunn to the Burritt Memorial Committee, for a
16 term to expire October 1, 2005, as follows:
17 (RESOLUTION NO. 04-678)
18 Councilwoman Moon moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 President Russell read and introduced a resolution to
22 appoint Evans W. Quinlivan to the Von Braun Center Board of
23 Control, for a term to expire August 27, 2008, as follows:
24 (RESOLUTION NO. 04-679)
25 President Russell moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon.
0014
1 President Russell called for the vote on the above
2 resolution, and the following vote occurred:
3 AYES: Moon, Showers, Watson, Russell
4 NAYS: None
5 ABSTAIN: Kling
6 President Russell stated that the resolution had passed.
7 President Russell stated the next item on the agenda was
8 Board Appointment Nominations.
9 Councilwoman Moon nominated J. Elbert Peters for
10 reappointment to the Huntsville Tree Commission, for a term to
11 expire October 8, 2005.
12 Councilwoman Moon nominated Samuel Gravel for reappointment
13 to the Huntsville Tree Commission, for a term to expire
14 October 8, 2005.
15 Councilwoman Moon nominated Callie Schweitzer for
16 reappointment to the Huntsville Tree Commission, for a term to
17 expire October 8, 2005.
18 Councilman Kling nominated Steve Weeks for reappointment to
19 the Housing Board of Adjustments and Appeals, for a term to
20 expire August 22, 2009.
21 President Russell stated the next item on the agenda was
22 Approval of Expenditures.
23 Councilman Kling read and introduced a resolution
24 authorizing the expenditures for payments, as follows:
25 (RESOLUTION NO. 04-680)
26 Councilman Kling moved for approval of the foregoing
0015
1 resolution, which motion was duly seconded by Councilman Watson,
2 and was unanimously adopted.
3 President Russell stated the next item on the agenda was
4 Communications from Council Members.
5 Councilwoman Moon stated to Mr. Steve Abbott that she wanted
6 the public to know they were aware of the problem of the road
7 construction taking place in and around the Challenger and
8 Grissom school areas. She stated that to the extent they were
9 able to work with the contractor to expedite traffic during the
10 rush periods for school, she would certainly appreciate it.
11 Councilwoman Moon stated that the Council had just received
12 a copy of a recent audit and asked Mr. Randy Taylor to comment on
13 this.
14 Mr. Randy Taylor stated that the City's audit for the fiscal
15 year 2003 had been received and stated they had received their
16 usual unqualified, or clean, opinion. He stated that the
17 auditors had not found anything amiss with the City's financial
18 affairs. He stated they had helped them to continue to make
19 improvements in their financial systems and that the City looked
20 forward to continuing to be able to work with them.
21 Councilman Kling stated that the audit was a very good
22 report. He stated that one of the things that was mentioned was
23 the fact that they had had full cooperation from City management.
24
25 Councilman Kling stated he would like for the Council to
26 hold some work sessions concerning Community Development and
27 Inspection and to look into what they could do at this time and
0016
1 to determine if they might be able to strengthen the ordinances
2 that were in place for the Community Development Department and
3 the Inspection Department. He stated that also at a work session
4 he would like to have the Traffic Engineering staff explain the
5 process that they went through in traffic calming. He stated
6 that several areas in his district had requested that speed
7 tables be installed in their neighborhoods.
8 Councilman Watson stated he would like to have
9 Councilman Showers work with him to get the Buffalo Soldier
10 monument placed in the park as soon as possible.
11 Councilman Watson stated he had found that some of the
12 primary concerns of his districts were road paving, the
13 elimination of junk cars, and speeding in the neighborhoods. He
14 noted there was a need for more police officers, stating there
15 were still the same number of police officers they had had
16 10 years prior. He stated that these were things that needed to
17 be looked at at budget time.
18 Councilman Showers stated that the annual meeting of TARCOG
19 would be the following Tuesday at the Senior Center at 6 p.m. He
20 invited the public to attend this meeting.
21 President Russell stated there would be a series of
22 neighborhood meetings to discuss speeding in the neighborhoods
23 and traffic calming and possible solutions, as well as what
24 persons liked and did not like about the current traffic-calming
25 program. He stated there would be a meeting on September 21st at
26 6 p.m. at Hampton Cove School, that on September 28th there would
0017
1 be a meeting at Blossomwood School, that on October 5th at
2 6 o'clock at the Optimist Recreational Center, and that on
3 October 12 at 6 o'clock there would be a meeting at Jones Valley
4 School. He stated they would set up a meeting in the Grissom
5 High School area as soon as they found an appropriate facility
6 for this. He stated he certainly looked forward to meeting with
7 citizens at these scheduled meetings. He stated that speeding in
8 the neighborhoods was a No. 1 issue that he heard from his
9 constituents and stated that he certainly hoped they could find a
10 way to satisfy as many persons as they could and slow down
11 traffic in the neighborhoods.
12 President Russell stated the next item on the agenda was
13 Unfinished Business Items for Action.
14 President Russell moved for approval of Ordinance No.
15 04-315, to abolish current Personnel Policies and Procedures
16 Manual (Ordinance No. 90-152) and to establish new Personnel
17 Policies and Procedures Manual, which ordinance was introduced at
18 the April 22, 2004, Regular Council Meeting; postponed at the
19 May 13, 2004, Regular Council meeting until the June 24, 2004,
20 Regular Council Meeting; postponed at the June 24, 2004, Regular
21 Council Meeting until the July 22, 2004, Regular Council Meeting;
22 and postponed at the July 22, 2004, Regular Council Meeting until
23 this meeting.
24 Said motion was duly seconded by Councilman Showers.
25 Councilman Kling moved to table the above ordinance, stating
26 he felt the matter needed to be discussed at a work session of
0018
1 the Council.
2 Said motion was duly seconded by Councilwoman Moon.
3 Councilman Kling stated that the reason he had moved to
4 table the above item was because he felt the matter needed to be
5 discussed at a work session of the Council. He stated that since
6 they did not know when this work session would be held, he felt
7 the item should be tabled. He stated that his intent was that
8 the item would be tabled until after the next work session of the
9 Council.
10 President Russell called for the vote on the above motion,
11 and the following vote resulted:
12 AYES: Showers, Watson, Kling
13 NAYS: Moon, Russell
14 President Russell stated that the motion had passed.
15 Councilwoman Moon moved for approval of Ordinance
16 No. 04-619, to amend Chapter 14, Health and Sanitation,
17 Article V, Swimming Pools, of the Code of Ordinances, City of
18 Huntsville, Alabama, as adopted and approved on the 24th day of
19 April 2003, which ordinance was introduced at the August 12, 2004
20 Regular Council Meeting, as follows:
21 (ORDINANCE NO. 04-619)
22 Said motion was duly seconded by Councilman Showers.
23 Councilwoman Moon thanked the Legal Department and the
24 Community Development Department for their assistance in
25 preparing the above ordinance. She stated that there had been a
26 lot of difficulty in neighborhoods with private swimming pools
0019
1 which were not being maintained to community standards, causing
2 vermin problems, aesthetic problems, et cetera, within the
3 neighborhoods. She stated she had felt this problem should be
4 dealt with and that she certainly appreciated the support of the
5 Council in passing the item.
6 Councilman Showers spoke in favor of the ordinance, noting
7 this was a situation that was causing concern across the city for
8 many homeowners. He urged that the other Council members support
9 this ordinance.
10 President Russell called for the vote on Ordinance
11 No. 04-619, and it was unanimously adopted.
12 President Russell stated the next item on the agenda was New
13 Business Items for Introduction. He stated that the Planning
14 Department had asked that the Council ask for unanimous consent
15 and consider these items for passage at this time.
16 Councilman Watson read and introduced an ordinance
17 concerning the annexation of land lying generally on the west
18 side of Victoria Hills Drive, south of Hartside Road, as follows:
19 (ORDINANCE NO. 04-681)
20 Councilman Watson 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 Showers, and upon
23 said motion being put to vote, the following vote resulted:
24 AYES: Showers, Moon, Watson, Kling, Russell
25 NAYS: None
26
0020
1 President Russell stated that the motion for unanimous
2 consent for immediate consideration of and action on said
3 ordinance had been unanimously carried.
4 Councilman Watson thereupon moved that said ordinance be
5 finally adopted, which motion was duly seconded by
6 Councilman Showers.
7 Ms. Marie Bostick stated that the above property was a
8 one-acre tract of land located in the Big Cove area. She stated
9 that there was an existing home on the property and that the
10 owner was requesting annexation in order to be able to register
11 their children for City schools.
12 President Russell called for the vote on the above
13 ordinance, and it was unanimously adopted.
14 President Russell read and introduced an ordinance
15 concerning the annexation of land lying generally on the east
16 side of Little Cove Road, north of Hampton Cove, as follows:
17 (ORDINANCE NO. 04-682)
18 President Russell moved that unanimous consent be given for
19 the immediate consideration of and action on said ordinance,
20 which motion was duly seconded by Councilman Kling, and upon said
21 motion being put to vote, the following vote resulted:
22 AYES: Showers, Moon, Watson, Kling, Russell
23 NAYS: None
24 President Russell stated that the motion for unanimous
25 consent for immediate consideration of and action on said
26 ordinance had been unanimously carried.
0021
1 President Russell thereupon moved that said ordinance be
2 finally adopted, which motion was duly seconded by
3 Councilman Showers.
4 Ms. Bostick stated that the above property was a 38-acre
5 tract of land located in the Hampton Cove area. She stated that
6 it was vacant property that was proposed for a residential
7 subdivision and that the developer would like to submit it to the
8 Planning Commission for approval in the following month.
9 President Russell called for the vote on the above
10 ordinance, and it was unanimously adopted.
11 President Russell read and introduced an ordinance
12 concerning the annexation of land lying generally east of Green
13 Mountain, along Knotty Walls Road and west of Flint River, as
14 follows:
15 (ORDINANCE NO. 04-683)
16 President Russell moved that unanimous consent be given for
17 the immediate consideration of and action on said ordinance,
18 which motion was duly seconded by Councilman Watson, and upon
19 said motion being put to vote, the following vote resulted:
20 AYES: Showers, Moon, Watson, Kling, Russell
21 NAYS: None
22 President Russell stated that the motion for unanimous
23 consent for immediate consideration of and action on said
24 ordinance had been unanimously carried.
25 Councilman Showers thereupon moved that said ordinance be
26 finally adopted, which motion was duly seconded by
0022
1 Councilwoman Moon
2 Ms. Bostick stated that the above property was a 135-acre
3 tract of land located in the Big Cove area. She stated that it
4 was vacant property which was proposed for a residential
5 subdivision and that the owners were anxious to commence this
6 development under the City regulations.
7 President Russell called for the vote on the above
8 ordinance, and it was unanimously adopted.
9 President Russell stated that the next item on the agenda
10 was New Business Items for Consideration or Action.
11 Councilman Watson read and introduced a resolution
12 authorizing additional payment to Beason and Nalley, P.C., for
13 services provided in completing the annual audit for the year
14 ending September 30, 2003, as follows:
15 (RESOLUTION NO. 04-684)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into agreements with the low
21 bidders meeting specifications as outlined in the attached
22 Summary of Bids for Acceptance, as follows:
23 (RESOLUTION NO. 04-685)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Kling,
26 and was unanimously adopted.
0023
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into an independent auditing
3 services agreement with Beason & Nalley, P.C., for the 2004
4 fiscal year, as follows:
5 (RESOLUTION NO. 04-686)
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 Clerk-Treasurer to invoke First Commercial Bank
11 Subdivision Improvements Letter of Credit No. 704 for Liberty
12 Park Subdivision, Phase I, as follows:
13 (RESOLUTION NO. 04-687)
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 First Commercial Bank
19 Letter of Credit No. 706 for subdivision sidewalk improvements in
20 Liberty Park Subdivision, Phase I, as follows:
21 (RESOLUTION NO. 04-688)
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 an ordinance changing
26 a street name from "Bubbles Lane" to "Fresh Way" in Chelsea
0024
1 Industrial Park, Phase IV, as follows:
2 (ORDINANCE NO. 04-689)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Kling,
5 and was unanimously adopted.
6 Councilman Watson read and introduced a resolution to adopt
7 the Madison County, Alabama, Natural Hazards Mitigation Plan, as
8 follows:
9 (RESOLUTION NO. 04-690)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson moved for approval of a request for
14 authorization to fill position of Parking Cashier, Grade 4, at
15 step higher than minimum, which motion was duly seconded by
16 Councilman Kling, and was unanimously approved.
17 Councilman Watson read and introduced a resolution
18 authorizing the acceptance of a grant from the Alabama Emergency
19 Management Agency, totaling $2,500, for the planning and
20 conducting of a regional tabletop exercise, as follows:
21 (RESOLUTION NO. 04-692)
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 acceptance of a grant from the Alabama Emergency
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1 Management Agency, totaling $5,000 for the planning and
2 conducting of the Madison County tabletop exercise, as follows:
3 (RESOLUTION NO. 04-693)
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 acceptance of a $117,000 grant to provide funding
9 for durable medical supplies and the trailer(s) needed for their
10 storage and utilization, as follows:
11 (RESOLUTION NO. 04-694)
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 a resolution
16 authorizing the Mayor to modify the contract with Tetra Tech for
17 Capshaw Road Pump Station for Design and Construction
18 Administration Services, by Modification No. 1, Project
19 #65-04-SM01, as follows:
20 (RESOLUTION NO. 04-695)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 Councilman Watson read and introduced a resolution
25 authorizing the Mayor to enter into an agreement with Garver
26 Engineers for Engineering Design Services at the North Huntsville
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1 Industrial Park, Phases I & II, Project No. 65-04-SP32, as
2 follows:
3 (RESOLUTION NO. 04-696)
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 Civil
9 Solutions, LLP, for Additional Engineering Services for Taylor
10 Road, by Modification No. 1, Project No. STPOA-4500(32), as
11 follows:
12 (RESOLUTION NO. 04-697)
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 an agreement with Tetra Tech
18 for Engineering Design and Construction Administration Services
19 for the Spring Branch WWTP Influent Pump Station Modifications,
20 Project No. CS-010307-07-16, as follows:
21 (RESOLUTION NO. 04-698)
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 Norfolk
0027
1 Southern Railway Company for a pipeline occupancy license
2 agreement at Mile Post 351.22-A, Stevenson-Norala Line, Project
3 No. 65-04-SP33, as follows:
4 (RESOLUTION NO. 04-699)
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 an agreement with Civil
10 Solutions, LLP, for Engineering Design Services for Monroe
11 Street/St. Clair/Engel Drive Intersection Improvements, Project
12 No. 65-04-RD09, as follows:
13 (RESOLUTION NO. 04-700)
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 an ordinance declaring
18 certain equipment surplus and to be sold at auction
19 (GovDeals.com) or in the best interest and most cost-effective
20 way for the City of Huntsville, as follows:
21 (ORDINANCE NO. 04-701)
22 Councilman Watson moved for approval of the foregoing
23 ordinance, 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 a contract with the
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1 Administrative Director of Courts and the City of Huntsville for
2 the Court Referral Officer Program and Highway Intoxication
3 Seminar Contract, as follows:
4 (RESOLUTION NO. 04-702)
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 contract with the
10 Administrative Director of Courts and the City of Huntsville for
11 the Court Referral Program and Highway Intoxication Seminar
12 contract, as follows:
13 (RESOLUTION NO. 04-703)
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 Kling read and introduced an ordinance to amend
18 Budget Ordinance No. 03-785, adopted and approved on
19 September 30, 2003, by changing appropriated funding and the
20 authorized personnel strength within various departments, as
21 follows:
22 (ORDINANCE NO. 04-704)
23 Councilman Kling moved for approval of the foregoing
24 ordinance, which motion was duly seconded by Councilman Watson.
25 President Russell asked Mr. Randy Taylor for an explanation
26 of the above ordinance.
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1 Mr. Randy Taylor itemized the items included in the
2 ordinance.
3 President Russell called for the vote on the above
4 ordinance, and it was unanimously adopted.
5 President Russell read and introduced a resolution
6 authorizing the Clerk-Treasurer to invoke First Commercial Bank
7 Letter of Credit No. 705 for subdivision walking bridge
8 improvements in Liberty Park Subdivision, Phase I, as follows:
9 (RESOLUTION NO. 04-705)
10 President Russell moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling.
12 Mr. Joffrion stated that the above resolution concerned a
13 routine letter of credit that the City invoked when the developer
14 of the subdivision had not installed or constructed the required
15 improvements by the Planning Commission at the time the
16 subdivision was approved.
17 President Russell called for the vote on the above
18 resolution, and it was unanimously adopted.
19 Councilman Kling read and introduced an ordinance declaring
20 property surplus and conveying said equipment to Huntsville City
21 Schools to operate for the Community Intensive Treatment for
22 Youth Programs (C.I.T.Y), as follows:
23 (ORDINANCE NO. 04-706)
24 Councilman Kling moved for approval of the foregoing
25 ordinance, which motion was duly seconded by Councilwoman Moon.
26 President Russell asked Mr. Tommy Brown for an explanation
0030
1 of the above resolution.
2 Mr. Brown stated that this was an ordinance that would
3 declare a 1998, 15-passenger vehicle surplus. He stated that the
4 City Schools would be receiving the van to operate for the
5 Community Intensive Treatment for Youth Programs, to transport
6 children from activity to activity.
7 Councilman Showers stated he felt this was a wise and
8 appropriate use of City resources, noting that the C.I.T.Y.
9 program was a very good program. He stated that he felt
10 providing the van would certainly be of great assistance to this
11 program.
12 President Russell called for the vote on the above
13 ordinance, and it was unanimously adopted.
14 Councilman Showers read and introduced a resolution
15 authorizing the Mayor to enter into an agreement with Geo
16 Solutions, LLC, for Construction Materials Testing and
17 Construction Administration Services for the Bridge at
18 Providence, Project No. 65-04-BR03, as follows:
19 (RESOLUTION NO. 04-707)
20 Councilman Showers moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Watson.
22 Mr. Tom Cunningham stated that Geo Solutions was a
23 geotechnical engineering firm that would provide construction
24 administration and testing services for the concrete, the soils,
25 and other building materials required in the Providence bridge
26 project.
0031
1 President Russell called for the vote on the above
2 resolution, and it was unanimously adopted.
3 President Russell read and introduced a resolution
4 authorizing the Mayor to modify the agreement with Barge,
5 Waggoner, Sumner & Cannon, Inc., for DC Park-Highway 72-West
6 Commercial Development by Modification No. 2, Project
7 No. 65-02-SS09, as follows:
8 (RESOLUTION NO. 04-708)
9 President Russell moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling.
11 Mr. Cunningham stated that the above modification was for
12 additional design, construction administration, geotechnical
13 services, et cetera, due to unknown site conditions that had been
14 encountered in the project.
15 President Russell called for the vote on the above
16 resolution, and it was unanimously adopted.
17 Councilman Showers read and introduced a resolution
18 authorizing the Mayor to amend the contract with Shelby
19 Contracting Company, Inc., for DC Park-Highway 72-West Commercial
20 Development by C.O. No. 1, Project No. 65-02-RD05, as follows:
21 (RESOLUTION NO. 04-709)
22 Councilman Showers moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling.
24 Mr. Cunningham stated that the change order was to take care
25 of unforeseen and changed conditions encountered in the field and
26 new work that was required when the University Drive widening
0032
1 project had been delayed.
2 President Russell called for the vote on the above
3 resolution, and it was unanimously adopted.
4 President Russell read and introduced a resolution declaring
5 Huntsville's schools as "Kids Safe Zones" during the month of
6 September 2004, as follows, as follows:
7 (RESOLUTION NO. 04-669)
8 President Russell moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilwoman Moon.
10 President Russell recognized Mr. Hatfield.
11 Mr. Hatfield read the above resolution concerning promoting
12 a positive and safe learning environment in the schools.
13 President Russell called for the vote on the above
14 resolution, and it was unanimously adopted.
15 Mr. Joffrion submitted the following deeds for approval:
16 (DEEDS)
17 Whereupon, Councilman Kling moved for approval of the
18 foregoing deeds, which motion was duly seconded by
19 Councilman Watson, and was unanimously approved.
20 (Mayor Spencer is now present in the Council Chambers.)
21 President Russell recognized Mayor Spencer.
22 Mayor Spencer stated that earlier in the day she had
23 attended an event at "The Huntsville Times" facility recognizing
24 Jason Stinnett. She stated that he had been the writer for "The
25 Huntsville Times" and had done a tremendous job providing a
26 weekly report from Iraq. She stated he was at home at this time
0033
1 for a two-week vacation and stated she had certainly felt
2 privileged to be able to speak with him. She stated he was in
3 touch with the City employees who were deployed to Iraq and that
4 she had been glad to be able to get a first-hand report from him.
5 Mayor Spencer congratulated Margaret Hoelzer, stating that
6 she had represented Huntsville very, very well, having placed 5th
7 in the 200-meter backstroke at the Olympics.
8 Mayor Spencer stated that July revenues had been up
9 8 percent from the previous year. She stated that the growth had
10 been tremendous. She stated that this would provide increased
11 funds for the school system, noting that they would be receiving
12 $1.4 million more than they had expected. She stated that she
13 knew the citizens would join with her in being proud that the
14 city had done so well with all the new retail and bringing in the
15 additional revenues for the school system. She stated they were
16 pleased they were on track with the projections. She stated that
17 soon they would be going into budget hearings.
18 President Russell inquired as to whether there were any
19 Non-Roster Communications from the Public.
20 There was no response.
21
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1 Upon motion, duly seconded, it was voted to adjourn.
2
3
4 ______________________________
5 PRESIDENT OF THE CITY COUNCIL
6
7
8 ATTEST:
9
10
11
12 ______________________________
13 CITY CLERK-TREASURER
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