1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD DECEMBER 4, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on December 4, 2003, 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 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Russell called the meeting to order. Pastor James
16 Robinson of Liberty Christian Faith Center led the invocation;
17 Mr. William House led the pledge of allegiance.
18 The minutes of the regular meeting of the Council on
19 November 20, 2003, were approved as submitted.
20 Councilman Watson moved to take item 13.c on the agenda,
21 being Resolution No. 03-877, authorizing the Mayor to enter into
22 a development agreement between the City of Huntsville and Triad
23 Properties Corporation, out of order at this time.
24 Said motion was duly seconded by Councilman Showers.
25 Councilwoman Moon stated she had wanted to bring item 15.ss,
26 which she stated was a resolution creating the Big Spring Park
27 Advisory Commission, out of order on the agenda. She stated she
28 had hoped to have discussion on this item prior to the Council
29 taking the vote concerning the Triad building.
30 Councilman Watson reiterated he would like to take item 13.c
0002
1 out of order, noting that the public would have an opportunity to
2 speak on this issue before any vote would be taken.
3 President Russell spoke in opposition to the motion. He
4 stated he felt it would be best to have public discussion at the
5 appropriate time and then consider this issue.
6 Councilman Showers stated the Council had handled matters in
7 this manner in the past and had allowed the public who wished to
8 speak on a certain issue to speak before the vote would be taken.
9 Councilman Showers called for the question, which motion was
10 seconded by Councilman Watson, and was unanimously approved.
11 President Russell called for the vote on Councilman Watson's
12 motion, and the following vote resulted:
13 AYES: Kling, Showers, Watson
14 NAYS: Moon, Russell
15 President Russell stated the motion had passed.
16 Councilman Watson requested permission to make a brief
17 presentation.
18 President Russell granted such permission.
19 Councilman Watson displayed visual aids to the Council and
20 the audience, stating he wanted to give a picture of what
21 Huntsville would look like in three years when Monroe Street and
22 the new waterway were completed, with the new Summit Building.
23 He stated this depicted the Summit Building and the new hotel,
24 with the addition of three-plus acres to the park. He stated
25 they would lose 500 square feet with the Summit Building but they
26 would be adding the waterway with a boat and the additional space
0003
1 in the park.
2 Councilman Watson noted the area of the Heart of Huntsville
3 Shopping Center and its potential for development alongside the
4 spring. He stated there was also the possibility of the
5 Huntsville Railroad to transport persons to the Civic Center
6 area. He stated that in a few years he would like to see
7 restaurants and small hotels in this area, as well as other ideas
8 that free enterprise would come up with to use this area. He
9 stated the Heart of Huntsville would have an entrance going into
10 this area, noting that it would be quite beautiful. He stated
11 they had no idea what was going to happen with the Hilton but
12 that they were aware that there was a lot of interest in the
13 Hilton. He stated the new Summit Building would add a lot of
14 people to downtown and in his opinion would add to the park.
15 Councilman Watson stated that Mr. Jim Hudson owned property
16 at the corner of Monroe Street and Clinton Avenue and that he had
17 shown an interest in doing something with this property. He
18 stated that when the Summit Building was built, the City would
19 get the air rights and noted that the air rights encompassed some
20 of Mr. Hudson's property. He stated that, therefore, there would
21 be more development in the downtown area, noting that there was a
22 tremendous amount of interest in the downtown area. He stated
23 that, however, after people had seen what had happened in this
24 particular instance, they might be nervous about wanting to build
25 in the area because they would not be sure that if they spent
26 $100,000 doing an architectural study, et cetera, it would be
0004
1 approved. He stated there was a lot more riding on this matter
2 than just the one building to be approved, that there was a lot
3 of potential for the future.
4 Councilman Watson stated that when one left from the
5 proposed new hotel, one would be able to walk directly across on
6 a covered bridge to the Civic Center South Hall. He stated this
7 would also be revamped, noting the City would be doing this and
8 would be spending money to do some really good things for
9 citizens to use.
10 Councilman Showers asked Mr. Joffrion for a briefing
11 concerning this project.
12 Mr. Joffrion stated this item would include a lease of a
13 portion of the Monroe Street parking garage, stating that the
14 total leased footprint would be 14,500 square feet, which would
15 include the building footprint and some plaza area. He stated
16 that most of the building and the leased space would be on top of
17 the Monroe Street parking garage. He stated there would be some
18 encroachment into the grassed area in between the sidewalk and
19 the garage of approximately 500-plus square feet. He stated the
20 lease value would be the appraised value for the space, as
21 determined by a qualified MAI appraiser. He stated this had not
22 been done because the Council had not yet acted on the contract.
23 Mr. Joffrion stated the developer would convey to the City
24 the air rights it had under option with the current owner, and
25 the developer would lease from the City up to 300 parking spaces,
26 half of which would be at no cost, in exchange for the air
0005
1 rights, for the first five years, and the other half of which
2 would be at the current market rate, and that after five years,
3 all spaces would be leased at the then current market rate.
4 Mr. Joffrion stated the agreement provided for an option for
5 the development of approximately 31,000 square feet on top of
6 another portion of the Monroe Street parking garage, with no
7 encroachment into the park itself. He stated the optioned space
8 would be on the same terms as the first-phase development and
9 would be at the fair market appraised value for that space. He
10 stated that the developer would pay for any parking spaces that
11 were consumed by the optioned development by paying 8 percent of
12 $10,500 per space for the duration of the 99-year lease.
13 Ms. Margaret Ann Goldsmith, 231 East Side Square, appeared
14 before the Council, stating she was speaking neither for nor
15 against the Triad project, except to stress that the project
16 should be judged solely on whether the Council members felt its
17 impact would be positive or negative to the Big Spring area and
18 not on a promise that it would revitalize the downtown area. She
19 stated that the Summit would do for the downtown area what
20 similar high-rise, Class A, office buildings had done, such as
21 the AmSouth and Colonial Bank buildings. She stated it would
22 bring persons downtown during the daytime weekday hours only and
23 not on weekends. She stated the restaurant, however, would draw
24 people after hours, noting this was a plus the other buildings
25 did not have. She urged the Council to make the decision based
26 on whether the Council members felt the Summit had merit in and
0006
1 of itself and not as a panacea for the downtown problems.
2 Ms. Goldsmith stated that in her opinion the downtown core
3 was the Courthouse Square and the blocks surrounding the Square,
4 bounded by Jefferson, Greene, Holmes, and Gates. She stated
5 areas outside these bounding streets, which included the
6 Big Spring, were considered to be periphery areas. She stated
7 that like the core of an apple, downtown was the city center and
8 that if it was not healthy, there was a serious problem. She
9 stated that building on the periphery would not solve the
10 downtown problem of approximately 100,000 square feet of vacant
11 space, either for lease or sale, within a two-block radius of the
12 Square. She stated that two buildings in this area had been
13 vacant for a year or more. She stated that, first and foremost,
14 the problem was a lack of parking. She stated that she had a
15 building on the north side of the Square that had been vacant for
16 more than a year. She stated that a number of potential tenants
17 had inquired about this property but that each had wanted five to
18 seven parking spaces to rent and noted that such spaces were not
19 available, noting there was a waiting list for all the public
20 lots in the area. She stated that until the City provided
21 adequate parking for the buildings around the Square, they would
22 continue to see vacancies rise and an unhealthy atmosphere
23 surround the downtown core. She stated the vacancies translated
24 to a decrease in real estate values and this decrease translated
25 to lower taxes. She stated proactive planning and proactive
26 parking was what was needed for the downtown area. She stated
0007
1 that additional parking at the VBC would not help the downtown
2 area because persons would not walk up the hill.
3 Ms. Goldsmith urged the Council to appoint a board to work
4 on the parking issue to restore the health of the downtown core
5 area and to explore the revitalization of the City. She also
6 urged the Council to appoint a board to concern itself with the
7 Big Spring Park historic area. She stated that in the coming
8 weeks she would personally make every effort to meet with other
9 downtown property owners and bring to the Council their stories
10 so that they could work together to a positive future.
11 Ms. Tiavalya Jefferson, 1702 Pinewood Drive, appeared before
12 the Council, stating she was in support of the Big Spring Summit.
13
14 She stated that with the addition of the downtown hotel, momentum
15 was building with citizens such as herself who were eager to see
16 the city grow. She stated she did not feel the complex would
17 take away from the beauty of the park and that it would be a
18 great addition to the city skyline. She encouraged the Council
19 to thoroughly review the proposal and keep the opinions of
20 citizens such as herself in mind.
21 Ms. Dianne Hollingsworth, 208 Dawn Avenue, appeared before
22 the Council, stating she owned a building located on the north
23 side of the Square and operated the Wild Rose Cafe at this
24 location. She stated she would like to redirect the Council's
25 attention to the downtown area. She stated that persons such as
26 herself who believed in the downtown area and had invested in the
27 downtown area and were doing business downtown every day were at
0008
1 an impassable crossroads. She stated that many thriving
2 businesses had left the downtown area simply because there was
3 not enough parking for their employees and their customers. She
4 stated that any given day the Clinton Street parking deck was
5 closed except for those persons who had prepaid parking passes.
6 She stated that, as mentioned earlier, there was in excess of
7 100,000 square feet in the downtown area that was available for
8 rent, lease, or purchase. She stated that the ratio of worker to
9 office space was 1 to 100 and noted that was the potential of
10 1,000 people who could be working in the downtown area or have
11 businesses there that could be bringing in support to the entire
12 community, but that there was no place for them to park.
13 Ms. Hollingsworth stated that if the Council had already
14 decided they could afford the $3 million it was going to cost for
15 the addition to the parking with the Summit Building, she would
16 request they think about applying that money to the buildings
17 that were already there and to the people in the community that
18 had already invested in the downtown area. She stated downtown
19 Huntsville had died in 1969 and it had taken a long time to bring
20 it back and that unless the City provided some assistance, it was
21 going to happen again. She stated that the persons who had
22 invested in the downtown area had believed in the program, that
23 they would come downtown and fix the buildings up and put
24 businesses in and the people would come. She stated that they
25 would come but they could not park. She stated that making
26 Clinton one way and making Greene Street one way was going to
0009
1 provide minimal parking and just add to the confusion of which
2 way one could travel on which street downtown.
3 Ms. Hollingsworth stated she would hope the emotion and
4 concern everyone had about the Summit and the park and the new
5 hotel could be channeled in a different direction. She stated
6 the Summit might be the right thing to do but perhaps it was not
7 at the right time. She stated the people who had already
8 invested in the downtown area really needed some attention.
9 Mr. Doug Dermody, 4308 Balwin Drive, appeared before the
10 Council, speaking in favor of the Big Spring Summit. He stated
11 he had tried to follow this matter closely in the newspaper and
12 stated that from what he had seen, he felt it would have a
13 positive economic impact on Huntsville. He stated the park was a
14 lovely park and while this building would take a little bit away
15 from the park, it did not appear to him it would make a major
16 difference in the park. He stated he felt it would be good for
17 Huntsville's future and a vote for progress to support the plan.
18 Mr. Robert McKee, 1701 Waller Road, appeared before the
19 Council, stating that in the city where the sky was the limit,
20 the City Administration seemed to want to block the sky from the
21 beautiful Big Spring Park. He stated that the Mayor openly
22 supported private building on the city's Big Spring. He stated
23 that if this were passed by the Council, it would give private
24 companies actual ownership of these lands, at least for the next
25 100 years or so. He stated that he cared about this and that
26 there were a lot of other persons in the city who cared about the
0010
1 Big Spring Park. He stated that it had been stated that
2 100,000 square feet in the downtown area was begging for
3 occupants. He stated that the Utilities Building was a prime
4 example of this, noting they could not get anyone in a building
5 the City owned.
6 Mr. McKee stated that should Triad Properties be given the
7 right to build this building, they would automatically be given
8 the right to construct another building in two years, which
9 building would also infringe upon Big Spring. He stated this
10 building was not specified as to purpose, use of, or design, and
11 that this should be a large, red flag.
12 Mr. McKee stated that the Mayor had stated the downtown area
13 was now drawing interest from other developers and stated he felt
14 that was well and fine, that he would be most happy to see this
15 occur, as long as "downtown" denoted Washington, Jefferson, and
16 other such streets, and not the Big Spring section of the city.
17 He stated that anything detrimental to the Big Spring should now
18 face a moratorium as far as additional building was concerned.
19 He stated the park belonged to the people of Huntsville and he
20 felt no one should sanction the desecration of it.
21 Mr. McKee stated at this time he could not determine the
22 total cost of any of these buildings to the City. He questioned
23 what the City was giving up to get these buildings built. He
24 stated this information had not been forthcoming. He inquired as
25 to whether future taxes were expected to cover these costs. He
26 stated the public had not been advised concerning this.
0011
1 Mr. McKee stated that another troubling point was the fact
2 that no assessment of the true value of the land had been made.
3 He stated that in reality the land of the Big Spring was
4 priceless but that yet it would be tied up for 99 years. He
5 questioned why Triad and the City pushed so hard for a project
6 that was so divisive to the people in the city. He stated that,
7 as was stated so succinctly by "The Huntsville Times," "Build the
8 building. Just build it somewhere else."
9 Mr. McKee questioned why the City would think of turning
10 over so much of its parking area to Triad. He stated that this
11 was again private domain over public property.
12 Mr. McKee stated that another concern was the seemingly
13 paltry sum the City would receive as compensation for the giving
14 up to Triad of this land supposedly owned by the City of
15 Huntsville for the next 99 years.
16 Mr. Jason Adams, 124 Winter Ridge Drive, appeared before the
17 Council, stating he was in favor of the building, simply because
18 it would not cost the Huntsville taxpayers any more money and
19 that it would improve tourism to the city and that the revenue
20 received from this building would go toward benefitting the city.
21
22 He asked that the Council support the resolution.
23 Mr. John Kilian, 109 Irongate Road, appeared before the
24 Council, speaking in favor of the Big Spring Summit. He stated
25 that, as he understood it, the Summit would provide more than
26 $100,000 in revenue for the schools and stated that since the tax
27 increase had not been passed, the schools needed all the money
0012
1 they could get. He asked the Council to support the Summit.
2 Mr. William Chapman, 3103 Connomara Court, appeared before
3 the Council, speaking in favor of the Summit project. He stated
4 he was a sixth-generation Huntsvillian and was also a commercial
5 real estate broker in Huntsville and that he stood nothing to
6 gain by speaking at this time. He stated that Triad might even
7 be considered his competition by some persons.
8 Mr. Chapman stated he would like to make a few points on
9 some of the objections to this project he had heard mentioned.
10 He inquired as to what would be more appealing to the eye, a
11 parking garage or a beautifully designed seven-story building.
12 He stated that most all large city parks were framed with
13 buildings, usually tall and well-designed ones, and stated that
14 this building would be consistent with that. He stated the City
15 had enjoyed success with other downtown projects recently and
16 they needed to keep up the momentum. He stated they needed more
17 Class A office space in the downtown area. He stated current
18 estimates were that the Class A space in the downtown area was at
19 this time 95 to 96 percent occupied. He stated that what they
20 had heard concerning the 100,000 square feet in the downtown area
21 did not include Class A space, that these were older buildings
22 that were in need of much renovation to be occupied. He stated
23 that the parking requirements were true and that this was a good
24 point but reiterated that the buildings needed a lot of
25 renovation. He stated that without office space to bring people
26 downtown, there would be no need for retail venues. He stated
0013
1 that the site provided infrastructure that made the site the best
2 for a downtown office building.
3 Mr. Chapman stated that he believed Huntsville was a
4 forward-thinking community and that he would give every
5 opportunity to Triad to facilitate this property and would
6 encourage the Council to do the same. He stated Huntsville
7 should consider itself lucky they had these people to take on
8 this project, noting they were hometown people and not people
9 from out of town or out of state. He stated the city needed
10 progress and that progress meant things were going to change. He
11 stated that without projects like this, the city stood to move
12 backward and not forward.
13 Mr. Coy Holden, 4309 McClain Lane, appeared before the
14 Council, speaking in favor of the Summit Building. He stated he
15 was glad the city had persons in office that had the recognition
16 that Huntsville needed to advance and that he was glad to see
17 this happening. He stated he felt the Summit Building would
18 greatly improve the Huntsville area and that persons that were
19 coming into the city, tourists and other persons, would benefit
20 from this. He urged the Council members to approve this matter.
21 Mr. Robert Bridges, 5211 Panorama Drive, appeared before the
22 Council, stating he was a native of Huntsville and had been a
23 resident of the city all his life. He stated he was also a
24 member of the Five Points Historical Association, the Historic
25 Huntsville Foundation, and Operation Green Team. He stated that
26 not only was he interested in the history of Huntsville but in
0014
1 the future of Huntsville, as well as historic preservation. He
2 stated he was raised just a few miles from the park and that the
3 park had always seemed to find its way in his path of walking
4 home from school. He stated it was enjoyable in the '60s, it was
5 enjoyable at this time, and it would be enjoyable after the
6 Summit was built.
7 Mr. Bridges stated he could certainly remember the reaction
8 of his family when it was announced that the VBC was going to be
9 constructed at the park, noting they were all opposed to it, that
10 they questioned how a building of this size could be put in the
11 park. He stated that, however, one should look at it today and
12 look at what it was bringing to the city, noting that persons had
13 to be forward thinking.
14 Mr. Bridges stated they were now beginning a new era with
15 the approval of a hotel adjoining the VBC, noting that the
16 addition of this hotel would greatly enhance the downtown area,
17 both with the rooms and the pleasant change in the landscape. He
18 stated he would expect and predict the Summit would do the same.
19 He stated that as far as looking toward the sky, he agreed with a
20 previous speaker that looking at the parking garage was
21 absolutely ugly and that looking at a beautiful seven-story
22 building with its landscaping and what it would offer the
23 citizens of Huntsville was far superior. He urged the Council to
24 approve this building. He stated that this, with the addition of
25 the multi-purpose office-type building, would be in the best
26 interest of the continued development of downtown Huntsville. He
0015
1 stated that this was one more step to the future. He stated that
2 more progressive towns such as Atlanta, Georgia, and Pensacola,
3 Florida, all had parks in the downtown area and that all the
4 parks had buildings that were occupied either during the day by
5 offices or at night by restaurants. He stated that this could be
6 the beginning of such a downtown for Huntsville.
7 Mr. Bridges stated that whether persons were pro or con on
8 the Summit, he would recommend to everyone that they get started
9 early with their comments and get active in the community and in
10 the development of Big Spring Park and the Summit, as
11 Councilwoman Moon would be recommending later in the meeting.
12 Mr. Howell Lee, 3060 Dupree Drive, appeared before the
13 Council, thanking the Council and the Mayor for their judicious
14 evaluation of this project, stating they had done an outstanding
15 job on this. He stated he was appearing at this time in support
16 of the project because he strongly felt that a city either moved
17 forward or moved backward, noting that the city needed this in
18 order to move forward and make the city better. He stated that
19 if the City fathers in the past had not been visionary and
20 embraced change, there would not be the VBC, the beautiful art
21 museum, or other assets in the downtown area. He urged the
22 Council to be visionary enough at this time to vote in favor of
23 this project and move forward with it.
24 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
25 Council, stating that "Blue Christmas" would have a new meaning
26 after this meeting if the Council voted in favor of this project.
27
0016
1 She stated that she felt it would also be a blue Christmas for a
2 lot of the Council members after the election in the following
3 year. She stated that a previous speaker had stated that this
4 would result in $100,000 for the school system. She stated that
5 they would be giving up the parking garage, noting that they were
6 taking in $400,000 at this time on one floor of the parking
7 garage. She stated that if they added two more parking levels,
8 which they should have already done, that $750,000 would buy the
9 air rights. She stated it had been said that Triad would give
10 them to the City but noted that Triad did not own them unless the
11 contract was passed by the Council. She stated the City should
12 take them back, build onto the parking garage, and quit hearing
13 crying about parking in the downtown area. She stated this was
14 the City's parking garage and they should not give it away.
15 Ms. Reed stated that she agreed with Councilwoman Moon about
16 the advisory committee, stating the Council needed to appoint
17 this committee, listen to them, and use some common sense and go
18 along with one phase at a time if they were going to go along
19 with the project, and not all the way across the park and back.
20 She stated they should go one step at a time and get it laid out
21 as to exactly what they were going to do and let the public hear
22 the facts. She stated that they were stating that in two years
23 they were going to do certain things and noted that in two years
24 some of the Council members would not even be sitting on the
25 Council. She stated that she did not feel the park should be
26 given away, noting that this was city land. She stated that the
0017
1 property had not been appraised, that they did not know the value
2 of any of the land. She stated she felt the public had a right
3 to know what the value of the property was before the vote would
4 be taken on this building. She urged the Council not to give
5 this away for 99 years, noting that there was no building
6 standing in the city for 99 years. She urged the Council to
7 think before they voted on this matter. She stated that the
8 election was August 24, 2004.
9 Mr. Richard Carter, 600 Pond View Lane, appeared before the
10 Council, stating he felt the citizens were not simply opposing
11 the project because of sentimental attitudes about the park but
12 that he felt they, as well as himself, objected to a conversion
13 of the park and the surrounding area to a commercial
14 establishment for profit. He stated that at least a hotel nearby
15 would assist persons who were in the city for the purpose of
16 cultural and public activities, but that an office building would
17 not. He stated this was an office building and that was all it
18 was. He stated that sentiment, of course, was involved, and that
19 the park had served the city well and that he did not think it
20 should be abused, because it was important. He stated that all
21 the persons in the new office building would be tenants,
22 professional or business tenants, and he stated that they would
23 come from other office buildings in town, primarily from the
24 urban area which had been stated for so long must receive the
25 City's help and forward thinking. He stated that the proposed
26 Summit was not in the urban core area.
0018
1 Mr. Lee stated he had reviewed the proposed development
2 agreement and that the terms and provisions in the relatively
3 short agreement were grossly broad and ambiguous. He stated that
4 many terms almost approached unilateral rights given to Triad,
5 without any say-so or control by the City. He stated that one
6 could consider, on pages 5, 6, and 7, such terms, which related
7 to the project. He stated, concerning the parking garage
8 expenses in paragraph 5.d, that the City was agreeing to take
9 over all parking expenses of the garage in the future floors of
10 the garage, including salaries and everything that operated
11 there, which he noted was a blank check. He stated, concerning
12 the assignment of the parking lease, that there was a statement
13 that the City must recognize this building and the exercise of
14 its options, if it exercised them, even if the office building
15 became condominiums, noting that this meant people, tenants, or
16 others in the office building would own these buildings, that
17 they would not be tenants anymore. He stated that tenants in the
18 office building, if it did not become a condominium, would go to
19 and from places like the courthouse and other businesses and
20 clients around town, that they were not down there to help the
21 park or the cultural area extend its activities.
22 Mr. Carter stated that he was fearful that the City was
23 being "outgunned" in this situation by some very imperious
24 entrepreneurs and that they were going to be litigation ridden if
25 this matter went through, as to interpretations at a future date,
26 when the City's consent said "it shall not be unreasonably
0019
1 withheld." He stated that this language was nothing but an
2 invitation to litigation, because one had to go to court to
3 determine what would be reasonable to withhold consent. He
4 stated this was not definitive as it should be. He stated that
5 first refusal rights, et cetera, led to litigation. He stated he
6 felt the City was being outgunned, that this matter was basically
7 a gift, and that he did not think it was the kind of gift that
8 was traditionally considered at this time of year, during the
9 Christmas season. He urged the Council members to remember that
10 they were servants of the public, not whether they were right or
11 wrong or the citizens were right or wrong. He urged the Council
12 members to either think about this matter or to deny it.
13 Mr. Thomas Piff, 11314 Dellcrest Drive, appeared before the
14 Council, stating he had a hand-out for the Council members. He
15 stated he had spoken to approximately 1600 people in the
16 community and that most of these people had been opposed to the
17 Summit Building.
18 Mr. Piff stated he did not feel he had appeared before the
19 Council waxing nostalgic about the park, that his concern had
20 been about the future and growing the park for the city. He
21 stated the city needed a larger central park, not a smaller one.
22 Mr. Piff inquired as to what would be done at the end of the
23 proposed contract, noting that the building was a hot potato. He
24 stated that the contract should be tied to the economic life of
25 the building, noting that he had seen nothing in the downtown
26 area that was more than 70 years old, especially in the high-rise
0020
1 department. He stated they could make a shorter contract.
2 Mr. Piff stated he felt the big problem was the flagrant
3 footprint of the building on the very ground of the park, noting
4 it ended 100 feet overhead. He stated that this project began
5 with the idea that a few could make private what belonged to all.
6 Mr. Piff stated that if they were going to go ahead with
7 this project, they should look at the contract, noting that it
8 had a lot of problems with it. He inquired as to why the Federal
9 Courts had been specifically removed, noting that there was a
10 clause about governing law and where court cases could take place
11 and stated that this was Madison County and the State, that the
12 Federal Court had been removed. He inquired as to how this would
13 be good for the city.
14 Mr. Piff inquired as to why a private concern should be
15 allowed to create immense wealth on public infrastructure,
16 enhanced by and paid for by the taxpayers. He inquired as to why
17 anyone should be allowed to loom over the citizens in the city's
18 central park area, whether from offices or bedrooms or both.
19 Mr. Piff inquired as to why the City should contract with a
20 developer who held air rights for ransom. He inquired as to why
21 any contract that they might enter into would entangle the City
22 further in options, past, present, and future. He stated that
23 they had the matter of the air rights, that they had the garage
24 that was originally RFP'ed and now they were telling the City
25 they were building the garage. He stated he also had concerns
26 about the second building option, in that he had no idea as to
0021
1 what would be built.
2 Mr. Piff stated that this project would segregate the park
3 around private and public and privileged and not so privileged.
4 Mr. Piff inquired as to why the economics were so compelling
5 as to obviate all these concerns. He inquired as to why they
6 could not talk about this matter more and start on the project
7 later, since there were many persons who did not agree with it.
8 Mr. Piff stated he liked to think he was forward thinking.
9 He stated he had a photograph that showed how the City could grow
10 the park, noting they were about to cut off one of these avenues.
11 Mr. Piff stated that he was proud to defend the park and the
12 Spring, that he would be ashamed to give them away.
13 Mr. William T. House, 6613 Foxhall Lane, appeared before the
14 Council, stating that at the prior Council meeting, his
15 councilman, Councilman Watson, had brought up the question of how
16 much longer the street by the new hotel was going to be closed.
17 He stated that early on it had been stated that it was going to
18 be two years. He stated that he swam at the Aquatic Center and
19 that it was a mess trying to get into this area at this time. He
20 stated that his question was that with the building of the new
21 Triad office building, how many more streets would be closed and
22 for how long they would be closed. He stated that if this were
23 to be for two years for the new hotel and then they were going to
24 the other side of the park and more streets would be closed, he
25 was concerned about this.
26 Councilman Watson stated that no more streets would be
0022
1 closed for the proposed project.
2 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
3 Council, stating that he rose to ask his councilman,
4 Councilman Showers, to vote on his behalf, as he had voted for
5 Councilman Showers. He stated that most of the people who had
6 spoken concerning this matter were not in Councilman Showers'
7 voting district. He stated that Triad had not shown him how they
8 were going to help the people in Councilman Showers' voting
9 district, noting that this had not been addressed.
10 Mr. Timberlake stated the park was something that should be
11 left to posterity. He asked that the Council consider what they
12 were going to do to the city and the way they were going to leave
13 it in the future. He stated that they needed some green space
14 and they needed it in the downtown area. He stated that this was
15 like giving away the city's best for so little. He stated that a
16 lot of money would not buy back some things and some things
17 should not be for sale and this was one such thing, the Council's
18 integrity and their responsibility to the people of the city.
19 Mr. Timberlake stated he had heard a lot of people speak in
20 favor of the Triad project and stated he wondered what their
21 vested interests were and how often they used the park. He
22 stated the park was one of the crown jewels of the city and that
23 they should not give it away. He stated that a wise person would
24 not give away a valuable thing for such a cheap price. He stated
25 that they should understand that the majority was not always
26 right, that sometimes majorities could be a fool, with just a lot
0023
1 of them agreeing on the same foolish thing.
2 Mr. Timberlake stated he felt Huntsville was a progressive
3 and forward-thinking community and that it had been fortunate to
4 have such astute leaders as the present Council members to guide
5 the citizens in their quest for a better place but noted that if
6 they did not have the things that were important for them in
7 nature, such as the park, they might lose their touch with the
8 rest of the world.
9 Mr. David Smith, 704 Clinton Avenue, appeared before the
10 Council, stating he was somewhat of a neighbor of the proposed
11 building. He stated that persons who had businesses downtown
12 certainly needed to be supported. He questioned if anyone
13 present would be opposed to the Summit if they could move it a
14 block or two away from the park area. He stated he felt everyone
15 was for progress and that it was a beautiful building. He stated
16 he was all in favor of it a couple of blocks away from the park,
17 so he did not feel the progress argument was a really good one.
18 He stated that the issue was breathing space in the park and not
19 the fact that it was right up on the edge on an old, ugly parking
20 deck, but that it was seven stories versus one story.
21 Mr. Smith stated that Huntsville was supposed to be a
22 forward-thinking town, so they had this strategic development
23 plan, that they monitored everything. He inquired as to how long
24 this office building had been on the plan.
25 Councilman Watson replied that it was 13 years.
26 Mr. Smith asked if this office building had been on this
0024
1 particular spot for 13 years in the development plan.
2 Councilman Watson stated that the master plan had in it an
3 office building, that it did not specify the Summit or the
4 location, that it just indicated in the downtown area a hotel and
5 an office building.
6 Mr. Smith stated that Councilman Watson had brought up an
7 excellent point. He stated that it was a beautiful thing that
8 was happening with the riverwalk and the hotel, that he felt that
9 everyone liked it and that it was adding to the park. He stated
10 that they certainly did not want to scare off other developers
11 from adding some great things around the riverwalk, and so forth,
12 but stated that the concern was that if they did not define this
13 properly in the strategic plan, they were going to scare persons
14 off. He stated that he was guessing that Councilwoman Moon was
15 offering an advisory committee that could help to assure this
16 kind of strategic plan was done properly in the future so the
17 public would have a say and this type of problem could be
18 avoided, noting that the City had spent a lot of money and Triad
19 had spent money. He stated that they did not want to be wasting
20 it, that the project was a good thing, but just not on the edge
21 of the park. He stated he felt they should do things right and
22 get the strategic plan defined as it should be, noting that this
23 would take some time. He stated that then they could make this
24 project work out. He stated that no one was against the proposed
25 building, that they just wanted it pushed away somewhat.
26 Mr. Smith stated they certainly needed to do something about
0025
1 the downtown area, that that was what Huntsville was about. He
2 stated he did not want the city to be like Atlanta, that he
3 wanted to have the downtown Courthouse Square thriving and living
4 so that they could enjoy it as Huntsville, and not as Atlanta,
5 Birmingham, or Nashville.
6 Ms. Rebecca Stager appeared before the Council, stating that
7 other persons had spoken very well about the good business
8 reasons not to make the proposed agreement with Triad but instead
9 to support the businesses that were already in the core area, and
10 to provide more parking. She stated she would like to say a few
11 more words about the park itself and Huntsville. She stated
12 Huntsville was a wonderful city and there was a wonderful park
13 right in the heart of the city. She stated that at this time
14 this park was a beautiful, quiet place where families and
15 individuals went for serenity and beauty, at times right in the
16 middle of the workday. She stated they needed to keep it that
17 way, that they had all the concrete and all the rising buildings
18 they could tolerate in and around the park. She stated that if
19 they needed to bring money into Huntsville, they needed to do it
20 without encroaching upon the park. She stated it was an
21 international park by name and that it was a major asset. She
22 stated that if they needed hotels and they needed office
23 buildings, they should be built somewhere else. She stated that
24 the park should be honored and that its space should be kept free
25 and open for the citizens' hearts and minds to experience.
26 President Russell moved for approval of Resolution No.
0026
1 03-877, authorizing the Mayor to enter into a Development
2 Agreement between the City of Huntsville and Triad Properties
3 Corporation, which was introduced at the October 9, 2003, regular
4 Council meeting; postponed at the October 23, 2003, regular
5 Council meeting until the meeting of November 13, 2003; postponed
6 at the November 13, 2003, Council meeting until the November 20,
7 2003, Council meeting; and postponed at the November 20, 2003,
8 Council meeting until this meeting, as follows:
9 (RESOLUTION NO. 03-877)
10 Said motion was duly seconded by Councilman Showers.
11 Councilman Kling stated this had been a very difficult issue
12 for him to reach a decision on because it was a good proposal to
13 consider. He stated he felt everyone in the room wanted an
14 active, vibrant downtown and stated that he commended the
15 Administration for bringing this proposal, as well as other
16 proposals, such as the recently approved hotel issue, to the
17 Council. He stated they were fortunate as a city to have these
18 types of choices to look at.
19 Councilman Kling stated he had looked at the Triad proposal
20 away from City Hall, so that he could look at the proposal in
21 depth and ask questions and go to independent sources to do
22 research. He stated that in doing this, he had found a lot of
23 good things that were in the proposal. He stated that it was
24 correct that the proposal would take approximately 500 feet off
25 the park land area but that, simultaneously, the Mayor's other
26 plan would be adding approximately five acres of additional land
0027
1 to the park.
2 Councilman Kling stated that architecturally, he felt the
3 building looked good, that he agreed that some of the sentiments
4 that had been stated concerning whether the building would look
5 better than the side of a parking garage. He stated the building
6 would actually be smaller than the proposed Electric Avenue
7 building would have been and that it would not have as great an
8 impact on the park. He stated he also appreciated the fact that
9 there would have been approximately 250 parking spaces that would
10 have been added, noting that certainly these could be used for
11 the Civic Center events.
12 Councilman Kling stated that, however, to him, the issue had
13 boiled down to what the role of the park should be in the
14 community. He stated that as an elected official he was a
15 custodian of the city's assets and stated he wanted to make sure
16 the park would be used in a way that would benefit the citizens
17 of the community. He stated he did not necessarily object to
18 buildings adjoining to or even being on the park land area if
19 there were adequate amenities, such as restaurants, shopping,
20 coffee houses, et cetera, that would benefit the public. He
21 stated that, in fact, for these reasons, he was on record as
22 having been in support of the proposed Electric Avenue project.
23 He stated that, however, he did not feel a private office
24 building located in the park was in the best interest of the
25 community. He stated that while he had found many good things in
26 the proposal, he had decided that he would not support the
0028
1 proposal and would not vote in favor of the motion.
2 Councilman Kling stated he had spoken briefly with
3 Councilwoman Moon and she had provided him paperwork on her
4 proposed committee, which would be considered later on the
5 agenda. He stated he appreciated the good work Councilwoman Moon
6 had put into this but stated that he felt, given the importance
7 of the park, he would like to see that if there were future
8 planning projects that were done or discussed, they be done under
9 the auspices of the City Council. He stated that currently they
10 had the Planning Commission, the Downtown Redevelopment
11 Authority, and that Mr. Scott McLain had worked with others to
12 form a Downtown Action Committee. He stated that he would like
13 to see that if there were other projects in the future that
14 basically it would be the Mayor and the City Council that would
15 be the decision-makers, working in close conjunction with the
16 public, at work sessions and other public meetings. He stated
17 that he would like to see the Mayor and the Council being the
18 committee that would work on these type things in the future.
19 Councilman Kling stated that even though he was not going to
20 support the project, he did want to encourage the efforts that
21 were ongoing to bring these type of projects to the downtown
22 area. He stated that to him this matter had come down to the
23 fact that this was a private office building in a public park and
24 that he just did not feel there were enough amenities for the
25 public to be able to participate in and enjoy.
26 Councilman Kling stated he had had much input from citizens
0029
1 concerning this matter, on both sides of the issue. He stated he
2 respected and appreciated the ideas that had been communicated to
3 him and to the other Council members. He stated it had been a
4 difficult issue for him, in that there had been some strong
5 arguments on both sides of the issue.
6 President Russell stated that downtown development was
7 certainly important to him, noting that he represented most of
8 the area, that he lived in the downtown area, worked in the
9 downtown area, and had an office at City Hall. He stated that,
10 also, both of his offices looked out on the site in question, so
11 that he considered himself very familiar with the area.
12 President Russell spoke in favor of the proposal, stating
13 that there were many reasons for his support, which he would be
14 glad to list. He stated that the project was an investment in
15 the downtown area, noting that Huntsville was a city in which
16 people wanted to invest their money and that they should take
17 advantage of this. He stated that the initial building was an
18 estimated 10 to 12 million dollar project and that it could lead
19 to more investment. He stated he felt that when people came to
20 see the city in the future, they would see a city growing and on
21 the move, which in turn would serve as a catalyst for future
22 growth. He stated that the project was consistent with the
23 downtown master plan and that he was surprised to learn that the
24 idea had been in existence since 1989. He stated that he was
25 also surprised to see the details of the Electric Avenue project
26 which had been approved by the Council unanimously, with very
0030
1 little public discussion and no committees being formed.
2 President Russell stated that the project under discussion
3 made financial sense for the city and its taxpayers, noting that
4 the project would generate approximately $116,000 in annual
5 property taxes, $240,000 in local construction sales tax
6 revenues, $23,000-plus in annual lease payments, $65,000 in
7 annual parking revenues for the first five years, and $144,000 in
8 annual parking revenues after five years.
9 President Russell stated that the project would increase
10 parking for the Von Braun Center. He stated that the Council
11 members had heard over and over again from citizens that more
12 parking was needed at the Von Braun Center. He stated this
13 project would increase the number of parking spaces by 262. He
14 stated that this was the most effective way for the City to
15 increase parking in this area.
16 President Russell stated he believed the proposal, with the
17 five additional acres of park space to be added, would actually
18 enhance the area and make it a more valuable park to the city and
19 its residents. He stated that when the Summit issue was
20 discussed, the expansion of the park seemed to always be left out
21 of the discussion but noted that it was a very important piece of
22 what they were discussing at this time. He stated they knew
23 citizens wanted green space and they wanted to provide it. He
24 stated that in the Capital Plan there was always money allocated
25 each year to purchase green space.
26 President Russell stated that when he saw the drawings of
0031
1 the park being extended east to Pinhook Creek and then hopefully
2 in the future a greenway to expand to the Lincoln Mills area, he
3 was excited about what the City was providing for its citizens to
4 enjoy and how it would enhance the quality of life in the city.
5 He stated that, in addition, the proposal would bring at least
6 one restaurant to the park for citizens to enjoy a meal before a
7 VBC event. He stated that there would also be a place to go to
8 use the facilities or just have a cup of coffee.
9 President Russell stated that in the process of getting to
10 this decision at this time, the Council had done its best to
11 include public comment, noting that this was the fourth regular
12 Council meeting at which this issue had been discussed, and that
13 in addition there had been two work sessions. He stated that
14 during these meetings what they had heard was that some citizens
15 were for the proposal and some were against it. He stated that
16 they had heard from their own City Planner that this was a good
17 project, noting that he had presented a very extensive PowerPoint
18 presentation to make his case. He stated that this was the same
19 City Planner and Planning Department that they had praised,
20 stating that they had done a great job over the years. He stated
21 they had heard from a local architect involved in the project who
22 shared his vision and they had also heard from another local
23 architect who was not involved in the project but who had told
24 them the edge of the park was already defined, that it was
25 defined by a parking garage, and that an edge of buildings would
26 only enhance the park. He stated they had heard from a CPA
0032
1 involved in the project and a CPA not involved in the project and
2 they had advised them what a good financial deal this was for the
3 city. He stated they had heard from developers of the project
4 and they had also heard from competing developers who felt it was
5 also a good project for the city. He stated they had also heard
6 from citizens from many different districts who were in favor of
7 the project. He stated that in his mind these at least were
8 equal to those tho were opposed to the project.
9 President Russell stated he felt the process they had gone
10 through had been good for him and had been good for the Council.
11 He stated they had listened to the public and that this was
12 evidenced by changes to the contract. He stated that citizens
13 had wanted the restaurant and this had been done, that citizens
14 had wanted the Downtown Redevelopment Authority out of the
15 contract and this had been done.
16 Councilman Showers stated he had had an employee at his
17 school who had approached him every day about this project,
18 having been opposed to it, but that she had come to him earlier
19 in the day and had stated she now understood the situation, that
20 she had been to Nashville, Chattanooga, Memphis, and Atlanta, and
21 that she wanted Huntsville to mirror those cities. He stated she
22 had advised him she wanted the Council to move forward with this
23 project because she believed this was a beginning and that
24 Huntsville could in fact move from a situation where persons
25 would come into the city and say when they left that this was a
26 great city but there was nothing to do in the downtown area. He
0033
1 stated she had been impressed with the fact that this was going
2 to change some of that and there would be other opportunities
3 where people could come to Huntsville and attend meetings and
4 have places to go, with the restaurant and the other entities
5 that were going to be there.
6 Councilman Showers stated he had been in support of the
7 project since Day One, although he had had some concerns about
8 it. He stated he also had been to Chattanooga and the other
9 cities and that they did have something Huntsville did not have,
10 which was people in the downtown areas. He stated he felt this
11 was the beginning of an opportunity where Huntsville would have
12 people downtown.
13 Councilman Showers thanked the Council and the
14 Administration who had put this project on the table. He stated
15 that Huntsville would be the beneficiary of this beginning step.
16 Councilwoman Moon stated she felt most persons were aware of
17 where she stood on this matter. She stated it was apparent that
18 there were three votes in favor of the Triad project and stated
19 that she certainly had great respect for the positions taken by
20 her fellow Council members.
21 Councilwoman Moon stated she would like to reiterate a few
22 points. She stated she would agree with the persons who said it
23 was a great building and a good project and that it could go
24 somewhere else and have the same economic impact on the city and
25 the same positive attributes. She stated that her concern all
26 along had been that they were reacting to a proposal that came
0034
1 somewhat out of the blue that they had had to deal with. She
2 stated that the Administration had made its recommendation.
3 Councilwoman Moon stated she was concerned that there was
4 not an overall plan. She stated that she was concerned about the
5 Meadow Gold property. She stated, also, that she was aware that
6 the Von Braun Center Board of Directors when the hotel had been
7 approved had realized what a wonderful project that would be and
8 that there would be an increase in conventions and tourism into
9 the area and they had looked ahead and had actually contracted
10 with a company to do an overall plan for things that would affect
11 the Von Braun Center and persons enjoying the Center, with the
12 new hotel, and that type of thing. She stated that they had not
13 had an opportunity to present this plan to the Council. She
14 stated that she had seen some preliminary drawings concerning
15 this and noted that it was a very exciting plan, involving taking
16 away some of the parking garage that they were talking about
17 putting the current building on and really looking at a parking
18 facility at the end of the North Hall, and possibly on the Meadow
19 Gold property. She stated that funding and things such as that
20 were still way out there, that there was no question about that,
21 but that they had wanted to create a space extending the park
22 where the existing garage was at this time, emphasizing the arts
23 and entertainment venues. She stated she felt as they went ahead
24 with this Triad project, those plans would become null and void.
25 Councilwoman Moon stated that her second issue was to
26 reiterate where the City spent its parking dollars. She stated
0035
1 that she had huge concerns about what the impact would be if they
2 committed these dollars for the Von Braun Center activity, which
3 no doubt was needed, and they would still have the problem which
4 had been so very well articulated by persons who had invested in
5 the downtown area who had a need for parking dollars in the core
6 area of downtown.
7 Councilwoman Moon stated she also had some concerns with the
8 proposed contract. She stated the contract had been initially
9 written by the developer. She stated that several people had
10 commented on the brevity of the contract. She stated that there
11 had been a lot of tweaking and subsequent enhancement on the part
12 of the Administration, looking out for the public interest. She
13 stated that one of her concerns was the escalation of the land
14 rent, which was, in her opinion, flawed, with citizens receiving
15 less than one percent per annum increase on the beginning land
16 rent of $23,000 per year. She stated that the contract adjusted
17 the land rate every five years at a lesser rate of five percent
18 or the Consumer Price Index for Urban Wage Earners and Clerical
19 Workers, United States City Average. She stated that this index
20 had averaged approximately 4.3 percent since 1967. She stated
21 that she felt what they should be looking at was a more
22 reasonable index for inflation, which should be the general
23 accepted USCPI figures, which she stated had averaged actually
24 less than that. She stated she felt they should be looking at
25 this and that it should be changed to be compounded annually, not
26 every five years. She urged the other Council members to think
0036
1 about this. She stated that if her homework was correct, what
2 this would mean, using the CPI on an annual basis versus the
3 Consumer Price Index for Urban Wage Earners every five years, was
4 that the difference to the City at the end of 25 years would be
5 $28,000 under this contract, versus $49,000; and at the end of 50
6 years, it would be $35,000 versus $106,000; at 75 years, it would
7 be $44,000 versus $227,000; and at 99 years it would be $53,000
8 versus $472,000. She stated she felt this was a bad deal for the
9 citizens, a bad deal for their children, and a bad deal for their
10 children and great grandchildren.
11 Councilwoman Moon stated the contract was also very, very
12 vague on the details of the second building under option, noting
13 it did not cover any of the ancillary details that one would
14 expect for another building almost as large as the first. She
15 stated that all it said was that Triad Properties would begin
16 construction on the second building within two years of the
17 signing of the contract. She questioned whether anyone would say
18 they would enter into a personal real estate agreement like this
19 without knowing what the specifics and the details were.
20 Councilwoman Moon stated the agreement covered two buildings
21 and parking decks for a period of 99 years but it was only six
22 and one-half pages long. She stated she felt some of the blanks
23 needed to be filled in. She stated she was concerned about
24 possible loss of revenue. She stated that given the construction
25 going on already, and then adding the Triad construction to it,
26 she felt they might be chasing folks away from the park and noted
0037
1 that this caused her concern.
2 Councilwoman Moon stated that as someone else had pointed
3 out, they had in the contract not allowed any kind of legal
4 action to go to the Federal courts. She stated she was not sure
5 what the legal thinking was on this but that it was a question
6 she would like to have answered.
7 Councilwoman Moon stated she was often reminded of the rush
8 and the short-sightedness of the persons who had voted to tear
9 down the old courthouse. She stated they were certainly aware
10 that the old structure could not have functioned as a modern
11 courthouse, with all the requirements of a growing community, but
12 stated that they could all envision what it would have meant to
13 have kept it as a centerpiece of the city, with a modern court
14 facility on a side street, complementing the blend of traditional
15 and modern facilities.
16 Councilwoman Moon urged the Council members to take a step
17 back from the cliff and give serious thought to this matter. She
18 said the community had put a man on the moon and that surely they
19 could produce an overall plan for the long-term use of the park.
20 Councilwoman Moon stated that her suggestion that an
21 advisory commission be created did not have the support from the
22 Council she would need to put it together. She apologized to the
23 public for this, stating she felt they would be cutting off the
24 public voice in this matter.
25 Councilwoman Moon inquired of Mayor Spencer if she was still
26 in support of the Council passing this project.
0038
1 Mayor Spencer stated that her responsibility as mayor of the
2 city was that when development came to them, they were to bring
3 it forward to the Council, so at that time the Council would give
4 the opportunity to the community to be heard from and to see
5 their ideas and options. She stated that she was aware that
6 Councilwoman Moon had been very much in favor of Electric Avenue
7 and stated that what concerned her was why they did not have any
8 conversation coming from the public when they were doing this,
9 which was going to be so much stronger in the park. She stated
10 that at the time she had felt it was wonderful that the Hudsons
11 wanted to give this opportunity to the community.
12 Mayor Spencer stated prior to the time she had become mayor,
13 there were no park benches in the park, that there were not the
14 efforts her administration had made on the concerts in the park.
15 She stated her administration had certainly put forward an
16 interest in highlighting the park. She stated there had also
17 been no parking across from the Hilton Hotel, so that the mothers
18 with their strollers could pull right up next to the curb and
19 take their children out of the car and put them in their
20 strollers so they could go to that end of the park. She noted
21 that end of the park was not even being utilized. She stated her
22 administration had wanted it to be highlighted and that was the
23 reason, working with the City Planning Department, they were
24 adding more than five acres of additional park land. She stated
25 they had seen the park being utilized once they had added some
26 more benches and added picnic tables that had never been in
0039
1 existence. She stated that they had put these in the east park
2 as well as the Big Spring Park. She stated that they had also
3 assured that they stayed very healthy with the ducks, noting that
4 Clean Community had worked very hard to make the park an
5 enhancement.
6 Mayor Spencer stated their whole thing was how many tax
7 dollars they had to spend on parking, how viable was the Civic
8 Center, with the diverse type of activities there were. She
9 stated they got frequent complaints from persons attending the
10 symphony about making more parking available, as close as
11 possible. She stated this had been an opportunity to stretch the
12 tax dollar further, because they had a partnership on the garage
13 and they could go up. She stated they were doing something for
14 private people to live in condominiums and yet they were
15 complaining about people being in an office. She stated that
16 these parking spaces would be available at night for additional
17 parking, noting that they could collect twice on the parking
18 places. She stated that this had been extremely important
19 because they had to stretch the dollar. She stated that the
20 reason they had sold the hospital garage was so they could put in
21 a garage at Colonial Bank and build some office space. She
22 stated they had saved the remaining dollars to make a good
23 investment. She stated they had worked hard to find a decent
24 hotel complex to come to the downtown area, noting that not only
25 did they get the 250 rooms they asked for but they had gotten
26 300 rooms. She stated they also had other persons that were
0040
1 looking at the downtown area, which she noted was very important.
2
3 She stated that they had to keep the life in a project. She
4 stated the reason they had brought this particular project to the
5 Council was because there was life in the project. She stated
6 that there was also a good legal department that was going to
7 write the contract so that it would be watched very closely. She
8 stated she appreciated the support of the Council members who
9 were supporting this project and stated that the Administration
10 would move forward with a lot more opportunities to make Downtown
11 as viable as it could be.
12 Councilman Watson stated that he had served on the Council
13 for seven and one-half years and that during that time there had
14 been some very contentious issues. He stated he was proud of the
15 people who had spoken in opposition to the proposal, noting that
16 they had a right to speak and he was glad they had. He stated he
17 was proud of the five members of the Council for taking the
18 positions they had taken. He stated that either side of the
19 issue was going to catch problems. He stated he was proud of all
20 the members of the Council and the Mayor for doing what they felt
21 was right, noting this was really what it was all about.
22 Mr. Joffrion stated there had been a question concerning the
23 filing of litigation, if there would be litigation. He stated
24 that this provision had been included for the protection of the
25 citizens, to make sure the City would control where litigation
26 would occur, as opposed to the other contracting party
27 controlling where litigation would occur. He stated the reason
0041
1 the provision was there was to make sure if litigation did occur,
2 it would occur in Madison County and not in Atlanta, Georgia;
3 Knoxville, Tennessee; or Austin, Texas. He stated that contract
4 was a matter of State law and that Federal courts would not
5 entertain jurisdiction of a contract unless there was another
6 federal question that was also at issue. He stated that since
7 this was a contract, it was a matter of State law, and the State
8 courts would be the appropriate place for any litigation to
9 occur.
10 President Russell called for a roll-call vote on Resolution
11 No. 03-877, and the following vote resulted:
12 AYES: Showers, Watson, Russell
13 NAYS: Moon, Kling
14 President Russell stated that the resolution had carried.
15 President Russell stated that there would be a five-minute
16 recess.
17 (Brief recess.)
18 President Russell reconvened the meeting.
19 President Russell recognized Mayor Spencer.
20 Mayor Spencer recognized Dr. Karen Hill, Director of Animal
21 Services, to make a special presentation.
22 Dr. Hill recognized Dr. Lewis McCurdy and Dr. Mark Russell.
23 She stated that Dr. McCurdy was a mixed-animal practitioner in
24 the city and that he had been in business for 30 years at McCurdy
25 Animal Hospital. She stated that the reason she was recognizing
26 these gentlemen at this time was because of their leadership
0042
1 ability in a profession which was her own. She stated that
2 Dr. McCurdy and Dr. Russell were leaders both in Madison County,
3 having both been presidents of the local association, and that
4 they were also leaders at a state level, and, therefore, at a
5 regional and national level. She stated that Dr. McCurdy was
6 acting president of the Alabama Veterinary Medical Association.
7 She stated that he had taken over the presidency because of some
8 unusual circumstances and that he would actually serve as
9 president for more than the standard year. She stated that
10 Dr. Russell would in 2006 or 2007 be the president of the Alabama
11 Association. She stated that several years prior Dr. Russell and
12 several veterinarians in the area had wanted to make the public
13 more aware of what their profession did and what the human/animal
14 bond was about and what being a good pet owner was and that
15 Dr. Russell had taken it upon himself to create a presentation
16 called "Pals for Life." She stated that this was a wonderful
17 presentation that had been performed in Madison County over the
18 prior several years. She stated that this ran with the
19 spay/neuter program that they had nationally, where they tried to
20 encourage people to sterilize their pets. She stated Dr. Russell
21 had received an award for this and that the program was now being
22 offered and encouraged statewide. She stated she was very proud
23 of what Dr. Russell and Dr. McCurdy did both in the city and the
24 state, noting that they made their profession look good.
25 President Russell stated the next item on the agenda was
26 Business with Outside Legal Representation.
0043
1 President Russell stated that the next item on the agenda
2 was a decision of the Personnel Hearing for a City employee of
3 Recreation and Landscape Management, held November 19, 2003.
4 President Russell moved to uphold the decision of the
5 Personnel Committee in the matter of the grievance filed by
6 Floyd Hawk, which motion was duly seconded by Councilwoman Moon.
7 President Russell called for the vote on the above motion,
8 and the following vote resulted:
9 AYES: Moon, Kling, Russell
10 NAYS: Showers, Watson
11 President Russell stated that the motion had carried.
12 President Russell stated the next item on the agenda was
13 decision of the Personnel Hearing for Officers Phil Kramer, Dan
14 Fox, Ken Guffey, Paul Jones, Charlie Lifer, Randy Mearse, Coleman
15 Sanders, Floyd Smith, and Danny Vaughn, of the Police Department.
16 President Russell moved to overturn the decision of the
17 Personnel Committee, as the matter was not grievable, that the
18 employees were grieving a validly adopted ordinance of the City
19 which gave the Chief of Police the authority and discretion to
20 grant special assignment pay.
21 Said motion was duly seconded by Councilwoman Moon.
22 President Russell called for the vote on the above motion,
23 and it was unanimously approved.
24 President Russell stated the next item on the agenda was
25 Public Hearings to be Set.
26 Councilman Kling read and introduced a resolution to set a
0044
1 public hearing on the zoning of newly annexed land lying
2 generally along the west side of Ditto Marina Parkway, the east
3 side of the Aldridge Creek Greenway, and south of Green Cove Road
4 to Residence 2 District, on January 8, 2004, as follows:
5 (RESOLUTION NO. 03-1032)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Kling read and introduced Ordinance No. 03-1033
10 concerning the zoning of newly annexed land lying generally along
11 the west side of Ditto Marina Parkway, the east side of the
12 Aldridge Creek Greenway, and south of Green Cove Road to
13 Residence 2 District.
14 Councilman Kling read and introduced a resolution to set a
15 public hearing on the zoning of newly annexed land lying
16 generally on the south side of U.S. Highway 72 West and east of
17 County Line Road to Highway Business C-4 District, on January 8,
18 2004, as follows:
19 (RESOLUTION NO. 03-1034)
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 Councilman Kling read and introduced Ordinance No. 03-1035
24 concerning the zoning of newly annexed land lying generally on
25 the south side of U.S. Highway 72 West and east of County Line
26 Road to Highway Business C-4 District.
0045
1 Councilwoman Moon read and introduced a resolution to set a
2 public hearing on an ordinance concerning the rezoning of land
3 lying generally on the west side of Zierdt Road and north of
4 Martin Road from Residence 2-B District and Neighborhood Business
5 C-1 District to Commercial Recreation C-5 District, on January 8,
6 2004, as follows:
7 (RESOLUTION NO. 03-1036)
8 Councilwoman Moon moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Watson,
10 and was unanimously adopted.
11 Councilwoman Moon read and introduced Ordinance No. 03-1037
12 concerning the rezoning of land lying generally on the west side
13 of Zierdt Road and north of Martin Road from Residence 2-B
14 District and Neighborhood Business C-1 District to Commercial
15 Recreation C-5 District.
16 President Russell stated the next item on the agenda was
17 Communications from the Public.
18 Ms. Jackie Reed appeared before the Council, stating that
19 she had been very disappointed in the vote concerning the Summit.
20
21 She thanked Councilwoman Moon and Councilman Kling for giving the
22 matter serious consideration. She stated that 99 years was too
23 long a period of time for this lease.
24 Ms. Reed stated the City was going to the bond market and
25 borrowing money and they were going to stretch the City to the
26 limit and were going to bankrupt the City if they kept this up.
27 She stated that at the time of the budget hearings, she saw the
0046
1 Council trying to find money for employees and for city services.
2
3 She stated the garbage in her area did not even get picked up the
4 prior week. She stated if they had all the money they indicated
5 they had and they could talk big time and think big time, they
6 should take care of public services. She stated she felt they
7 had their minds on the wrong things. She stated, concerning
8 Electric Avenue, that this matter had gone through the Council so
9 fast there had been no opportunity for input. She stated
10 projects were coming up too fast to have time for public input.
11 President Russell stated the next item on the agenda was
12 Huntsville Utilities Items.
13 Councilman Kling asked Mr. Bill Yell to comment on the
14 Huntsville Utilities Items.
15 Mr. Yell stated that they had 24 items to bring before the
16 Council at this time and briefly itemized these items.
17 Councilman Kling read and introduced a resolution
18 authorizing the contracting of professional services for
19 improvements to the Monte Sano Substation, as follows:
20 (RESOLUTION NO. 03-1038)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson,
23 and was unanimously adopted.
24 Councilman Kling read and introduced a resolution
25 authorizing installation of electric facilities to provide
26 service to a new Wal-Mart at 2200 Sparkman Drive, as follows:
27 (RESOLUTION NO. 03-1039)
0047
1 Councilman Kling moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Watson,
3 and was unanimously adopted.
4 Councilman Kling read and introduced a resolution
5 authorizing the relocation and construction of facilities to be
6 constructed to clear existing facilities from construction area
7 on the downtown hotel and road project, as follows:
8 (RESOLUTION NO. 03-1040)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Watson,
11 and was unanimously adopted.
12 Councilman Kling read and introduced a resolution
13 authorizing purchase of a new 30,000 GVWR Cab and Chassis to
14 replace vehicle 371.0, as follows:
15 (RESOLUTION NO. 03-1041)
16 Councilman Kling moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Watson,
18 and was unanimously adopted.
19 Councilman Kling read and introduced a resolution
20 authorizing purchase of a new 30,000 GVWR Cab and Chassis to
21 replace vehicle 331.0, as follows:
22 (RESOLUTION NO. 03-1042)
23 Councilman Kling moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Watson,
25 and was unanimously adopted.
26 Councilman Kling read and introduced a resolution
0048
1 authorizing purchase of a new 3/4-Ton (8,500 GVWR) Styleside Body
2 Pickup Truck with Utility Body & Winch to replace vehicle 345.0,
3 as follows:
4 (RESOLUTION NO. 03-1043)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing purchase of an 8,500 GVWR 4x4 Pickup Truck for use by
10 Underground Conduit Installation Crew, as follows:
11 (RESOLUTION NO. 03-1044)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Watson,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing purchase of an 8,500 GVWR pickup truck for use in the
17 Fleet Maintenance Department, as follows:
18 (RESOLUTION NO. 03-1045)
19 Councilman Kling moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Watson,
21 and was unanimously adopted.
22 Councilman Kling read and introduced a resolution
23 authorizing the relocation of approximately 1120' of 12" ductile
24 iron water main along the south side of the VBC at Williams
25 Avenue and Monroe Street, as follows:
26 (RESOLUTION NO. 03-1046)
0049
1 Councilman Kling moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Watson,
3 and was unanimously adopted.
4 Councilman Kling read and introduced a resolution
5 authorizing the installation of 18" main behind the Hampton Cove
6 Plant and tie to the existing 18" main at the northeast corner of
7 the plant, as follows:
8 (RESOLUTION NO. 03-1047)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Watson,
11 and was unanimously adopted.
12 Councilman Kling read and introduced a resolution
13 authorizing the relocation of approximately 2200' of 18" ductile
14 iron water main along the south side of Old Monrovia Road at
15 Providence Main Street, as follows:
16 (RESOLUTION NO. 03-1048)
17 Councilman Kling moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Watson,
19 and was unanimously adopted.
20 Councilman Kling read and introduced a resolution
21 authorizing the replacement of #1, 10, 11 & 12 filter media at
22 the South Parkway Water Treatment Plant, as follows:
23 (RESOLUTION NO. 03-1049)
24 Councilman Kling moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Watson,
26 and was unanimously adopted.
0050
1 Councilman Kling read and introduced a resolution
2 authorizing the purchase of one new, unused 1-Ton Super Duty
3 Truck for the Water Operations Section, as follows:
4 (RESOLUTION NO. 03-1050)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing the purchase of one Tractor/Backhoe/Loader for the
10 Water Operations Section, as follows:
11 (RESOLUTION NO. 03-1051)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Watson,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing the purchase of one Tractor/Backhoe/Loader for the
17 Water Operations Section, as follows:
18 (RESOLUTION NO. 03-1052)
19 Councilman Kling moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Watson,
21 and was unanimously adopted.
22 Councilman Kling read and introduced a resolution
23 authorizing the purchase of new, unused 1-Ton (15,000 GVWR) Super
24 Duty Truck, Cab & Chassis, as follows:
25 (RESOLUTION NO. 03-1053)
26 Councilman Kling moved for approval of the foregoing
0051
1 resolution, which motion was duly seconded by Councilman Watson,
2 and was unanimously adopted.
3 Councilman Kling read and introduced a resolution
4 authorizing the purchase of a new, unused backhoe, as follows:
5 (RESOLUTION NO. 03-1054)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Watson,
8 and was unanimously adopted.
9 Councilman Kling read and introduced a resolution
10 authorizing the purchase of a new, unused backhoe, as follows:
11 (RESOLUTION NO. 03-1055)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Watson,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing the purchase of a new, unused backhoe, as follows:
17 (RESOLUTION NO. 03-1056)
18 Councilman Kling moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Watson,
20 and was unanimously adopted.
21 Councilman Kling read and introduced a resolution
22 authorizing the purchase of a new, unused backhoe, as follows:
23 (RESOLUTION NO. 03-1057)
24 Councilman Kling moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Watson,
26 and was unanimously adopted.
0052
1 Councilman Kling read and introduced a resolution
2 authorizing the purchase of a new, unused 30,000 GVWR Cab &
3 Chassis with new box dump bed, as follows:
4 (RESOLUTION NO. 03-1058)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing the purchase of a new, unused 30,000 GVWR Cab &
10 Chassis with new box dump bed, as follows:
11 (RESOLUTION NO. 03-1059)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Watson,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing the purchase of a new, unused 3/4-Ton (8,500 GVWR)
17 Truck Cab & Chassis, as follows:
18 (RESOLUTION NO. 03-1060)
19 Councilman Kling moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Watson,
21 and was unanimously adopted.
22 Councilman Kling read and introduced a resolution
23 authorizing the purchase of a new, unused 3/4-Ton (8,500 GVWR)
24 Truck with Extended Cab option, as follows:
25 (RESOLUTION NO. 03-1061)
26 Councilman Kling moved for approval of the foregoing
0053
1 resolution, which motion was duly seconded by Councilman Watson,
2 and was unanimously adopted.
3 President Russell inquired as to whether there were any
4 Board Appointment Nominations.
5 There was no response.
6 President Russell stated the next item on the agenda was
7 Approval of Expenditures.
8 Councilman Kling read and introduced a resolution
9 authorizing the expenditures for payments, as follows:
10 (RESOLUTION NO. 03-1062)
11 Councilman Kling moved for approval of the foregoing
12 resolution, which motion was duly seconded by President Russell,
13 and was unanimously adopted.
14 Mayor Spencer congratulated Gen. Jim Pillsbury and his
15 family, stating they were new residents of Huntsville, that
16 Gen. Pillsbury had become the commanding general at Redstone
17 Arsenal. She stated she would also like to wish Gen. Dodgen and
18 his family best wishes as they would be going to Washington,
19 D.C., where he would become the Director of Space and Missile
20 Defense. She stated it was a tremendous asset for the city to
21 have his representation at this level.
22 Mayor Spencer congratulated Northrop Grumman on the
23 $4.5 billion contract, which she stated would mean 500 new jobs
24 for the city. She stated they were extremely proud of the local
25 Northrop Grumman and the merger between it and TRW.
26 Councilman Showers stated that the HEA was meeting in the
0054
1 city on the upcoming weekend, noting there would be delegates
2 from all over Alabama in attendance. He stated he would like to
3 welcome all of them to the city as they dealt with the issues
4 facing education.
5 Councilwoman Moon stated she would like to communicate to
6 her constituents in District 3 that she had been taking advantage
7 of a lot of family time and a lot of travel in the prior three
8 weeks and that she hoped she had been able to keep ahead of
9 constituent requests. She stated that if any balls had been
10 dropped, she would ask that her office be contacted so that these
11 issues could be addressed.
12 Councilman Watson stated that his constituents and some of
13 the other Council members' constituents had concerns about trash
14 pickup and asked Mr. Abbott to comment on this.
15 Mr. Abbott stated he would like to clarify some of the
16 issues on leaf collection. He stated the ordinance addressing
17 loose-leaf collection only specified the interval leaves would be
18 collected, being from November 1st to the end of January. He
19 stated it did not specify the number of collections per week,
20 cycle time, et cetera. He stated that each season was somewhat
21 different and the cycles were variables that could not always be
22 controlled. He stated he would like to point out that an effort
23 was made and what they generally advised the public was that they
24 were on an approximate three-week cycle. He stated that since
25 they had started November 1st, basically all the city had had at
26 least two leaf collections.
0055
1 Mr. Abbott stated that not all the collection was done with
2 a vacuum-type system, stating that a few years prior they had
3 come before the Council and addressed the need for knuckle-boom
4 trucks. He stated that these trucks had a dual role, in that
5 they also had a tarping system so that during leaf season they
6 could be used to collect leaves. He stated they also
7 supplemented the older trucks they had in the fleet. He stated
8 they had grown from some 10 trucks collecting leaves five years
9 prior to at this time having approximately 20.
10 Mr. Abbott stated the leaf crews were made up of employees
11 from various departments, being the Sanitation Department, the
12 Street Department, and Landscape. He stated that these three
13 departments came together at leaf season to support this
14 operation. He stated that this was above and beyond the normal
15 duties of these employees, noting that they had to maintain the
16 formal services that were provided and then add on the leaf
17 season. He stated this was an extra effort that had to be put
18 forth in getting this service provided.
19 Mr. Abbott stated there had been storm damage a week before
20 Thanksgiving and stated that during this time period they had
21 waived all ordinance regulations regarding contract work. He
22 stated that contractors cut trees and the City collected the
23 debris, with no questions asked. He stated that if the debris
24 was put out to the curb, the City collected it. He stated that
25 they had supplemented these crews, noting that some days they had
26 up to 15 trucks hauling debris to the landfill. He stated that
0056
1 this had been an extra duty added on top of the leaf collection.
2 He stated that this was something they had not been able to
3 predict but they had had to respond to. He stated they felt that
4 even with the responsibilities for the trash collection, their
5 leaf collection was fairly on schedule. He stated this did not
6 mean they had collected everybody's leaves in the fashion they
7 necessarily desired but that they had made the effort to be out
8 there.
9 Mr. Abbott stated, concerning the leaf collection, that he
10 had made the comment at budget time that they had an aged fleet,
11 that they had some 80 vehicles in the Sanitation Department and
12 that if they replaced on a 10-year cycle, they would be replacing
13 approximately eight vehicles per year. He stated that in the
14 current year they had no funds for the Department. He stated
15 they were in the process of refurbishing five knuckle-boom trucks
16 which were backup trucks and that he anticipated these would be
17 on line sometime in the spring, noting this would help supplement
18 the leaf collection process in the fall.
19 Councilman Showers stated that he had had several calls on
20 Saturday morning and asked that Mr. Abbott inform the citizens as
21 to why they did not get their garbage picked up on the Friday
22 after Thanksgiving.
23 Mr. Abbott stated that the City observed a two-day holiday,
24 Thursday and Friday, and that his department was off both days.
25 Councilman Showers stated that he appreciated Mr. Abbott
26 informing the citizens of this holiday.
0057
1 Councilman Kling stated that in the current week he had
2 received several calls about missed garbage collection in the
3 Holiday Homes area. He stated that some persons had advised him
4 they had attempted to call the customer service department of the
5 Sanitation Department as early as 3:30 in the afternoon and no
6 one would answer the telephone. He stated he wanted Mr. Abbott
7 to be aware there were some concerns that had been expressed
8 about this.
9 Councilman Kling asked that the City Engineering Department
10 do as much as they could to stay in contact with the contractor
11 on getting the Drake and Whitesburg intersection improvement
12 project completed as quickly as possible. He stated he was aware
13 that according to the contract they were ahead of schedule. He
14 stated he had thought the contractor would be laying asphalt the
15 week after Thanksgiving but noted that as of this time he had not
16 seen that this had been done.
17 Mr. Hatfield asked that Councilman Kling provide him with
18 the number of the phone that was not being answered at 3:30.
19 President Russell stated he also had had a concern from a
20 constituent about the leaf situation, noting that he lived at the
21 bottom of a hill and that with all the rain, everybody's leaves
22 washed down into his drainage culvert and blocked it and water
23 was coming down his driveway into his garage.
24 Mr. Abbott stated that this was one of the by-products of
25 raking leaves into the street. He stated that the ordinance
26 required that leaves be put behind the curb.
0058
1 President Russell invited the citizens to enjoy the
2 luminaries for Twickenham and the Old Town district on Saturday,
3 December 13th.
4 President Russell stated the next item on the agenda was
5 Unfinished Business Items for Action.
6 Councilwoman Moon moved for approval of Ordinance
7 No. 03-967, to amend Ordinance No. 89-79, Classification and
8 Salary Plan, to modify the salary classifications and/or title of
9 certain positions, which ordinance was introduced at the
10 November 13, 2003, Council meeting, and postponed at the
11 November 20, 2003, Council meeting until this meeting.
12 Said motion was duly seconded by President Russell.
13 Councilman Showers stated he had been informed that the
14 information he had requested concerning this item would not be
15 ready until the following Monday and moved that consideration of
16 the ordinance be postponed until the Council meeting of
17 December 18, 2003.
18 Said motion was duly seconded by Councilman Watson.
19 President Russell called for the vote on the above motion,
20 and the following vote resulted:
21 AYES: Showers, Watson
22 NAYS: Moon, Russell
23 ABSTAIN: Kling
24 President Russell stated the motion had failed.
25 Councilman Showers moved that consideration of Ordinance
26 No. 03-967 be postponed until a called special session of the
0059
1 Council on Monday, December 8, at 4 p.m.
2 Said motion was duly seconded by Councilman Watson.
3 President Russell inquired as to whether the Council was in
4 consensus to hold the special session on Monday, December 8.
5 The Council members indicated they were in agreement.
6 President Russell called for the vote on the motion to
7 postpone, and the motion was unanimously approved.
8 Councilwoman Moon moved for approval of Ordinance
9 No. 03-968, to amend the Budget Ordinance, Ordinance No. 03-785,
10 to modify the authorized strength in various departments, which
11 ordinance was introduced at the November 13, 2003, Council
12 meeting, and postponed at the November 20, 2003, Council meeting
13 until this meeting.
14 Said motion was duly seconded by President Russell.
15 Councilman Showers moved to postpone consideration of
16 Ordinance No. 03-968, to a called special session of the Council
17 on Monday, December 8, at 4 p.m.
18 Said motion was duly seconded by Councilman Watson.
19 President Russell called for the vote on the above motion,
20 and it was unanimously approved.
21 Councilman Showers moved for approval of Ordinance
22 No. 03-1013, to amend Ordinance No. 02-829, regarding Military
23 Pay, which was introduced at the November 20, 2003, Council
24 meeting, as follows:
25 (ORDINANCE NO. 03-1013)
26 Said motion was duly seconded by Councilman Watson.
0060
1 Councilman Showers inquired of Mr. Hatfield concerning the
2 insurance coverage of City employees who were reactivated into
3 the Armed Services.
4 Mr. Hatfield stated that the City was continuing the
5 insurance of these employees.
6 Councilman Showers stated he was delighted the City had a
7 program that continued insurance coverage for such employees.
8 Mayor Spencer stated the Administration had come to the
9 Council when the first activation had begun in 2001 and they had
10 supplemented the difference in pay and had also made sure the
11 insurance was continued. She stated that what was before the
12 Council at this time concerned the retirement because it had been
13 brought to their attention that there was a difference when the
14 employee was activated. She stated the City was being affected by
15 a number of its employees being involved in a recent activation
16 and one that would be coming up in the following week. She
17 stated that Gen. Fanning had made her quite aware of this, in
18 addition to her having spoken to some of the employees. She
19 stated she would encourage the Council to do what she was doing
20 and to make contact with these families from time to time because
21 she felt it was very important to reinforce the family at home
22 while the employees were activated.
23 Councilwoman Moon stated she certainly agreed with what the
24 City was doing in this regard, stating that she did not feel any
25 member of the military needed to be penalized because they had
26 answered their country's call. She inquired as to what
0061
1 specifically was different in the ordinance.
2 Mr. Joffrion stated that at this time when an employee left
3 the service of the City to go to activated duty status, the
4 retirement system did not continue their time of service under
5 the retirement system of Alabama. He stated that when they
6 returned they did have an eligibility to buy back this service
7 time but it was not automatically provided for or paid for,
8 either by the State or by the City. He stated this would provide
9 for the City to pay back for the time that they would buy back.
10 President Russell called for the vote on Ordinance
11 No. 03-1013, and it was unanimously adopted.
12 President Russell stated the next item on the agenda was New
13 Business Items for Introduction.
14 President Russell read and introduced Ordinance No. 03-1063,
15 amending Chapter 18, Article II, Section 18-36 of the Code of
16 Ordinances of the City of Huntsville, Alabama.
17 President Russell read and introduced Resolution
18 No. 03-1064, amending the Development Agreement between the City
19 of Huntsville and Progress Park Partners, LLC.
20 President Russell read and introduced Ordinance No. 03-1065,
21 an ordinance amending the fees for services provided by the
22 Animal Services Department.
23 President Russell stated the next item on the agenda was New
24 Business Items for Consideration or Action.
25 Councilwoman Moon stated she would like to withdraw item
26 15.ss from the agenda.
0062
1 Councilwoman Moon asked that item 15.tt be considered out of
2 order.
3 President Russell stated the Council would consider item
4 15.tt at this time.
5 Councilwoman Moon read and introduced an ordinance regarding
6 the closing of a portion of Church Street for Panoply and Big
7 Spring Jam festivals, as follows:
8 (ORDINANCE NO. 03-1066)
9 Councilwoman Moon moved for approval of the foregoing
10 ordinance, which motion was duly seconded by Councilman Kling.
11 Councilwoman Moon asked Mr. Joffrion to explain this item.
12 Mr. Joffrion stated there was currently an ordinance on the
13 books that prohibited the closing of Church Street, so that there
14 could be access both north and south for emergency vehicles. He
15 stated the subject ordinance would allow the closure of a portion
16 of Church Street, basically from the edge of the parking lot at
17 the rear of the City Municipal Building northward to Clinton
18 Avenue, for both Panoply and Big Spring Jam of the coming year.
19 Councilwoman Moon inquired as to whether this would be for
20 one year only.
21 Mr. Joffrion replied in the affirmative.
22 Councilman Watson stated he had previously brought to the
23 attention of the Council that it would be dangerous to close
24 Church Street like they did Williams and Monroe because of the
25 location of the Fire Department on this street. He stated that
26 he felt everyone associated with this was willing to assume that
0063
1 they could do this for three or four days because of the
2 construction that would be going on in the downtown area. He
3 stated this was a special situation and he felt this ordinance
4 should be approved.
5 Councilman Kling inquired as to whether the Fire Department
6 had given their consent on this matter.
7 Mr. Joffrion replied in the affirmative, stating that they
8 had been in communication with Mayor Spencer and with Traffic
9 Engineering. He noted that Church Street would be open in a
10 southerly direction, so as to allow egress and ingress.
11 Councilman Kling stated he appreciated Mr. Todd and other
12 members of the Arts Council for working to stay in the downtown
13 area, because he felt Panoply was a very special event, and also
14 the Big Spring Jam. He stated he was happy that the Arts Council
15 and the Administration had gotten together and gotten this worked
16 out and all the Council had to do, basically, was approve it.
17 Mayor Spencer stated that Mr. Todd had met with all the
18 departments that worked with the Arts Council on Panoply and they
19 had all made the commitment to continue to do their job and to do
20 it as efficiently as they had in the past. She stated she
21 appreciated all the City departments working with Panoply to
22 ensure its success.
23 President Russell called for the vote on Ordinance
24 No. 03-1066, and it was unanimously adopted.
25 President Russell stated that items 15.m, 15.mm, and 15.ss
26 had been deleted from the agenda.
0064
1 Mr. Joffrion stated that item 15.pp on the agenda was
2 related to the reclassification items that the Council had
3 postponed and that it would need to be postponed also.
4 President Russell stated that item 15.pp on the agenda would
5 be taken out of order at this time.
6 President Russell moved to postpone consideration of a
7 request for authorization to advertise and fill position of
8 Licensed Professional Land Surveyor, Pay Grade 18, and to fill
9 position at a step higher than minimum within the pay grade if
10 necessary, until the special session of the Council on December
11 8, 2003, at 4 p.m., which motion was duly seconded by
12 Councilman Kling, and was unanimously approved.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into an Agency Appropriation
15 Agreement with Boys & Girls Club of Greater Huntsville, Inc., as
16 follows:
17 (RESOLUTION NO. 03-1067)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon,
20 and was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Mayor to enter into an Agency Appropriation
23 Agreement with the Huntsville Jaycees, as follows:
24 (RESOLUTION NO. 03-1068)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0065
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to enter into an Agency Appropriation
4 Agreement with North Alabama Science Center, Inc., as follows:
5 (RESOLUTION NO. 03-1069)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Watson read and introduced an ordinance declaring
10 certain equipment surplus and to be sold, as follows:
11 (ORDINANCE NO. 03-1070)
12 Councilman Watson moved for approval of the foregoing
13 ordinance, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted.
15 Councilman Watson moved for approval of a request for
16 authorization to advertise and fill the position of Skilled
17 Laborer, Public Works Services, which motion was duly seconded by
18 Councilwoman Moon, and was unanimously approved.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into an agreement with the Alabama
21 Department of Economic and Community Affairs, Law
22 Enforcement/Traffic Safety Division, to provide Juvenile
23 Accountability Incentive Block Grant Funds to the City of
24 Huntsville for continuation of the SHOCAP program, as follows:
25 (RESOLUTION NO. 03-1071)
26 Councilman Watson moved for approval of the foregoing
0066
1 resolution, which motion was duly seconded by Councilwoman Moon,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the Mayor to enter into a Cost Reimbursement
5 Agreement for $15,000 with the North Alabama Highway Safety
6 Office for overtime costs of officers performing traffic
7 enforcement duties, as follows:
8 (RESOLUTION NO. 03-1072)
9 Councilman Watson moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilwoman Moon,
11 and was unanimously adopted.
12 Councilman Watson read and introduced a resolution
13 authorizing the City Attorney to settle the claim of Dr. Robert
14 Maynor with the City of Huntsville, Claim No. FY03-162, as
15 follows:
16 (RESOLUTION NO. 03-1073)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Clerk-Treasurer to invoke letter of credit for
22 Bellewood Park Fourth Addition, as follows:
23 (RESOLUTION NO. 03-1074)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0067
1 Councilman Watson read and introduced a resolution
2 authorizing the Clerk-Treasurer to invoke letter of credit for
3 Northstar Subdivision, as follows:
4 (RESOLUTION NO. 03-1075)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the City Attorney to settle the claim of
10 Sybil Mercier with the City of Huntsville, Claim No. FY03-147, as
11 follows:
12 (RESOLUTION NO. 03-1076)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon,
15 and was unanimously adopted.
16 Councilman Watson read and introduced a resolution
17 authorizing the acceptance of donation to Huntsville Fire &
18 Rescue in the amount of $210 from Huntsville Times to be used for
19 fire prevention materials; and donation to the Administration,
20 Operation Green Team, in the amount of $50 from Garth Mountain
21 Garden Club to be used for beautification or educational
22 projects, as follows:
23 (RESOLUTION NO. 03-1077)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0068
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into agreements with the low
3 bidders meeting specifications as outlined in the attached
4 Summary of Bids for Acceptance, as follows
5 (RESOLUTION NO. 03-1078)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Watson read and introduced an ordinance to amend
10 Budget Ordinance No. 03-785, adopted and approved on
11 September 30, 2003, within the Capital Improvement Fund,
12 adjusting the balance of City funding between Street and Drainage
13 projects to comply with ALDOT contribution restrictions, as
14 follows:
15 (ORDINANCE NO. 03-1079)
16 Councilman Watson moved for approval of the foregoing
17 ordinance, which motion was duly seconded by Councilwoman Moon,
18 and was unanimously adopted.
19 Councilman Watson read and introduced an ordinance to amend
20 Budget Ordinance No. 03-785, adopted and approved on
21 September 30, 2003, reducing the Planning Department operating
22 expenditures budget and increasing the Planning Department
23 capital expenditures budget, as follows:
24 (ORDINANCE NO. 03-1080)
25 Councilman Watson moved for approval of the foregoing
26 ordinance, which motion was duly seconded by Councilwoman Moon,
0069
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to enter into a Supplemental Agreement with
4 Alabama DOT for preliminary engineering, right-of-way acquisition
5 and construction for street improvement for proposed convention
6 center hotel and retail/entertainment development, as follows:
7 (RESOLUTION NO. 03-1081)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilwoman Moon,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to enter into a Supplemental Construction
13 Agreement with Alabama DOT for roadway improvements on Herman
14 Plummer Road from State Route 53 to Rideout Road, as follows:
15 (RESOLUTION NO. 03-1082)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilwoman Moon,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into a Supplemental Construction
21 Agreement with Alabama DOT for widening Sutton Road from US 431
22 to Taylor Road Relocation, as follows:
23 (RESOLUTION NO. 03-1083)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0070
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into a Supplemental Right-of-Way
3 Acquisition Agreement with Alabama DOT for improvements to Taylor
4 Road from Sutton Road to Terry Drake Road, as follows:
5 RESOLUTION NO. 03-1084)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Watson read and introduced a resolution
10 authorizing the Mayor to enter into a Supplemental Construction
11 Agreement with Alabama DOT for improvements to Taylor Road from
12 Sutton Road to Terry Drake Road, as follows:
13 (RESOLUTION NO. 03-1085)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into a Supplemental Construction
19 Agreement with Alabama DOT for improvements to Chaney Thompson
20 Road from Wynterhall Road to Green Cove Road, as follows:
21 (RESOLUTION NO. 03-1086)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to enter into a Supplemental Utility
0071
1 Agreement with Alabama DOT for improvements to Chaney Thompson
2 Road from Wynterhall Road to Green Cove Road, as follows:
3 (RESOLUTION NO. 03-1087)
4 Councilman Watson moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilwoman Moon,
6 and was unanimously adopted.
7 Councilman Watson read and introduced a resolution
8 authorizing the Mayor to enter into a Supplemental Utility
9 Agreement with Alabama DOT for improvements to add lanes on
10 Meridian Street from Oakwood Avenue to Pratt Avenue, as follows:
11 (RESOLUTION NO. 03-1088)
12 Councilman Watson moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted.
15 Councilman Watson read and introduced a resolution
16 authorizing the Mayor to enter into a Supplemental Right-of-Way
17 Acquisition Agreement with Alabama DOT to add lanes on Meridian
18 Street from Oakwood Avenue to Pratt Avenue, as follows:
19 (RESOLUTION NO. 03-1089)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 Councilman Watson read and introduced a resolution
24 authorizing the Mayor to enter into a Supplemental Construction
25 Agreement with Alabama DOT for roadway improvements on Meridian
26 Street from Oakwood Avenue to Pratt Avenue, as follows:
0072
1 (RESOLUTION NO. 03-1090)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to enter into a Supplemental Right-of-Way
7 Acquisition Agreement with Alabama DOT to widen Meridian Street
8 from Pratt Avenue to Monroe Street, as follows:
9 (RESOLUTION NO. 03-1091)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into a Supplemental Construction
15 Agreement with Alabama DOT to widen Meridian Street from Pratt
16 Avenue to Monroe Street, as follows:
17 (RESOLUTION NO. 03-1092)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon,
20 and was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Mayor to enter into a Supplemental Construction
23 Agreement with Alabama DOT for improvements to Church Street from
24 Monroe Street to Oakwood Avenue to realign Pratt Avenue including
25 bridge replacement, as follows:
26 (RESOLUTION NO. 03-1093)
0073
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilwoman Moon,
3 and was unanimously adopted.
4 Councilman Watson read and introduced a resolution
5 authorizing the Mayor to enter into a Supplemental Right-of-Way
6 Acquisition Agreement with Alabama DOT for improvements to Church
7 Street from Monroe Street to Oakwood Avenue and to realign Pratt
8 Avenue, including bridge replacement, as follows:
9 (RESOLUTION NO. 03-1094)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into a Supplement Right-of-Way
15 Acquisition Agreement with Alabama DOT for widening and
16 relocation of Church Street to Orchard Street (Phase 2) from
17 Pratt Avenue to Oakwood Avenue, as follows:
18 (RESOLUTION NO. 03-1095)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilwoman Moon,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to enter into a Construction Agreement with
24 Alabama DOT for widening and relocation of Church Street to
25 Orchard Street (Phase II) from Pratt Avenue to Oakwood Avenue, as
26 follows:
0074
1 (RESOLUTION NO. 03-1096)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson moved for approval of a request for
6 authorization to advertise and fill the position of Engineering
7 Technician, Grade 14, and to fill at a step higher than minimum
8 with the pay grade if necessary, Engineering, which motion was
9 duly seconded by Councilwoman Moon, and was unanimously approved.
10 Councilman Watson read and introduced a resolution
11 authorizing the Mayor to amend the contract with APAC-Alabama,
12 Inc., Ashburn & Gray Division, for Aldridge Creek Sanitary Sewer
13 Outfall Relocation at Wallwood, Project No. 65-03-SS02 by Change
14 Order No. 2, as follows:
15 (RESOLUTION NO. 03-1097)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilwoman Moon,
18 and was unanimously adopted.
19 Councilman Watson 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 Meridian Street Improvements, Phase II, Additional Services,
23 Project Nos. 65-01-RD03 and STPOA-4500(031), as follows:
24 (RESOLUTION NO. 03-1098)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0075
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to enter into an agreement with Tetra Tech,
4 Inc., for additional Construction Administration Services for
5 Rome Road Pump Station and Forcemain Upgrade, Project
6 No. CS-101307-09-03, by Modification No. 5, as follows:
7 (RESOLUTION NO. 03-1099)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilwoman Moon,
10 and was unanimously adopted.
11 Councilman Showers read and introduced a resolution
12 authorizing the Mayor to enter into an agreement with R.G.
13 Flippo & Associates for consulting services, as follows:
14 (RESOLUTION NO. 03-1100)
15 Councilman Showers moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Watson.
17 Councilwoman Moon asked for an explanation of the above
18 resolution.
19 Mr. Hatfield stated this was the annual contract with Ronnie
20 Flippo who assisted the City in federal transportation plans in
21 Washington, specifically such things as the Southern Bypass, the
22 Memphis-Huntsville-Atlanta corridor, and the Federal building.
23 President Russell inquired of Mr. Hatfield if Mr. Flippo had
24 been doing a good job.
25 Mr. Hatfield replied in the affirmative.
26 President Russell called for the vote on the above
0076
1 resolution, and it was unanimously approved.
2 President Russell read and introduced a resolution
3 authorizing the Mayor to enter into an agreement with Direct
4 Communications for consulting services, as follows:
5 (RESOLUTION NO. 03-1101)
6 President Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Showers.
8 President Russell asked Mr. Hatfield to comment on this
9 resolution.
10 Mr. Hatfield stated this was the annual contract with Direct
11 Communications. He stated that Mr. Raby assisted on several
12 issues in Washington, and also at the State level, on such things
13 as defense, NASA, and other related federal activities. He
14 stated he had also been doing an excellent job.
15 President Russell called for the vote on the above
16 resolution, and it was unanimously approved.
17 President Russell read and introduced a resolution
18 authorizing the Mayor to enter into a First Amendment to Project
19 Diamond Agreement among the City of Huntsville, the County of
20 Madison, the State of Alabama, and Toyota Motor Manufacturing of
21 North America, Inc., as follows:
22 (RESOLUTION NO. 03-1102)
23 President Russell moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Showers.
25 President Russell asked Mr. Joffrion to comment on this
26 resolution.
0077
1 Mr. Joffrion stated that when the Council had first approved
2 the Project Diamond agreement, there were financial obligations
3 for infrastructure related to the project. He stated that Toyota
4 had now asked to modify this, which he stated would really be to
5 the benefit of the City, to shift some of this financial
6 obligation from the Phase 1 development to the Phase 2
7 development, so that the City would not have to pay as much
8 currently but would have to pay a little more when and if Phase 2
9 were developed. He stated, concerning the next item on the
10 agenda, that since the property was actually transferred to the
11 Industrial Development Board, at least the 200 acres that Toyota
12 currently had built upon, the ground lease between the Industrial
13 Development Board and Toyota would have to be amended to reflect
14 these changes, as well, and stated that they had asked that the
15 City sign off on this also since it was the original title holder
16 of the property.
17 President Russell called for the vote on Resolution
18 No. 03-1102, and it was unanimously adopted.
19 Councilman Showers read and introduced a resolution
20 authorizing the Mayor to enter into a Second Amendment to Ground
21 Lease and Option Agreement between the Industrial Development
22 Board of the City of Huntsville and Toyota Manufacturing Alabama,
23 Inc., as follows:
24 (RESOLUTION NO. 03-1103)
25 Councilman Showers moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon.
0078
1 President Russell stated that Mr. Joffrion had previously
2 explained this resolution.
3 President Russell called for the vote on Resolution
4 No. 03-1103, and it was unanimously adopted.
5 Councilman Showers read and introduced a resolution
6 authorizing the Mayor to enter into an agreement between the City
7 of Huntsville and HJH Associates of Alabama, as follows:
8 (RESOLUTION NO. 03-1104)
9 Councilman Showers moved for approval of the foregoing
10 resolution, which motion was duly seconded by President Russell.
11 President Russell asked Mr. Joffrion to explain the above
12 resolution.
13 Mr. Joffrion stated that this concerned the purchase of the
14 Wild Birds property and related easements in connection with the
15 infrastructure development downtown, funded through the State,
16 through the $11.25 million that had been appropriated therefor.
17 He stated that the contract was in lieu of having to go through a
18 formal condemnation process, noting that the owners were being
19 cooperative with them in helping to keep on schedule.
20 President Russell called for the vote on the above
21 resolution, and it was unanimously adopted.
22 Councilman Showers read and introduced a resolution
23 authorizing the Mayor to enter into a Reimbursement between the
24 City of Huntsville and the State of Alabama 666 Bond Commission
25 regarding Target Corporation distribution center, as follows:
26 (RESOLUTION NO. 03-1105)
0079
1 Councilman Showers moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling.
3 President Russell asked Mr. Joffrion for a brief explanation
4 of the above resolution.
5 Mr. Joffrion stated that at the time the development
6 agreement for the Target distribution center was approved, with
7 the State being one of the parties, the development obligations
8 of the State and the City were a combined $750,000 in
9 infrastructure improvements in the area of the distribution
10 center, $250,000 of which was to be funded by the State. He
11 stated that the contract acknowledged the receipt of the $250,000
12 from the State and the advance of the $250,000 by the City to the
13 Target distribution center owners.
14 President Russell called for the vote on the above
15 resolution, and it was unanimously adopted.
16 President Russell inquired as to whether there were any
17 non-roster communications from the public.
18 There was no response.
19 Mayor Spencer thanked the Council for their support of the
20 cigarette tax, stating that this support was going to be used
21 immediately. She stated that unfortunately the chiller had gone
22 out and that this was an $80,000 expense. She stated that she
23 and Mr. Easter had both discussed with the Council maintenance of
24 the buildings and the facilities the City owned. She stated that
25 at this time of the year, this early in the budget, she did not
26 know that they would have been able to find an additional $80,000
0080
1 without cutting some departments.
2 Upon motion, duly seconded, it was voted to adjourn.
3
4
5
6 _____________________________
7 PRESIDENT OF THE CITY COUNCIL
8
9 ATTEST:
10
11
12
13 ______________________________
14 CITY CLERK-TREASURER
15