1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD DECEMBER 18, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on December 18, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Russell
9 Councilpersons: Moon, Kling, Watson
10 Absent: Showers (Watson absent for portion of meeting.)
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Russell called the meeting to order.
16 Rabbi Jeffrey Ballon of Temple B'Nai Sholom led the
17 invocation; Councilman Kling led the pledge of allegiance.
18 President Russell stated Councilman Showers would not be
19 present for the meeting due to a death in the family.
20 The minutes of the regular meeting of the Council on
21 December 4, 2003, and a special session of the Council on
22 December 8, 2003, were approved as submitted.
23 Mayor Spencer asked Mr. Billy Neighbors to come forward.
24 She read a resolution honoring Mr. Neighbors for his induction
25 into the College Football Hall of Fame.
26 Mayor Spencer recommended and Councilman Kling read and
27 introduced a resolution honoring Billy Neighbors for his
28 induction into the College Football Hall of Fame, as follows:
29 (RESOLUTION NO. 03-1106)
30 Councilman Kling moved for approval of the foregoing
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1 resolution, which motion was duly seconded by President Russell,
2 and was unanimously adopted.
3 Mayor Spencer presented a copy of the resolution to
4 Mr. Neighbors, congratulating him for his outstanding
5 achievements.
6 Mr. Neighbors introduced members of his family and expressed
7 appreciation for the recognition.
8 Mayor Spencer asked Mrs. Mary Jo Kinzer to come forward.
9 Mayor Spencer read a resolution commemorating the life and
10 service of the late John Kinzer.
11 Mayor Spencer recommended and Councilman Kling read and
12 introduced a resolution commemorating the life and service of the
13 late John Kinzer, as follows:
14 (RESOLUTION NO. 03-1107)
15 Councilman Kling moved for approval of the foregoing
16 resolution, which motion was duly seconded by President Russell,
17 and was unanimously adopted.
18 Mayor Spencer presented a copy of the resolution to
19 Mrs. Kinzer, expressing appreciation for Mr. Kinzer's outstanding
20 efforts toward the establishment of state-of-the-art emergency
21 medical service in the city.
22 Mrs. Kinzer introduced members of her family and expressed
23 appreciation for the recognition.
24 Mayor Spencer recognized Ms. Margaret Ann Goldsmith.
25 Ms. Goldsmith stated the Goldsmith-Schiffman Wildlife
26 Sanctuary was a park and a gift to the city of Huntsville from
0003
1 her family. She stated the gesture to make this gift had been
2 inspired by examples set by their ancestors who had lived in
3 Huntsville for a century and a half and it was in their memory
4 that the Goldsmith-Schiffman Wildlife Sanctuary was dedicated.
5 She stated that since 1850 each generation of Goldsmiths and
6 Schiffmans and their forbearers had found ways to contribute to
7 the community in appreciation of the prosperity they enjoyed.
8 Ms. Goldsmith stated the family felt it was crucial that
9 along with development in the city, land suited for recreation
10 and wildlife be set aside, for the health of the environment and
11 its inhabitants. She stated cities were defined by their green
12 space and their cultural attractions and that along with the
13 museum, symphony, and theaters, parks were needed in order to
14 make Huntsville an attractive place to settle and live. She
15 stated at this time subdivisions and a proposed five-lane road
16 lay within blocks of the land they had chosen for the park. She
17 stated they had realized timing was crucial and if they did not
18 take the opportunity at this time, the property would be lost
19 forever to development. She stated they had pictured what
20 Huntsville would be like if Big Spring and Monte Sano parks had
21 not been established and stated as they did so they had realized
22 if they did not set aside green space which would add to the land
23 that had been given by the Hays and Ellett families in the
24 fastest growing area of the city, Hampton Cove, the area could
25 never boast of a regional park. She stated the land they were
26 gifting at this time would provide greater utility for both the
0004
1 Hays Preserve and the Ellett property and the opportunity to link
2 them together with the sanctuary.
3 Ms. Goldsmith stated the land chosen for the park site
4 consisted of approximately 300 acres of pristine bottomland,
5 forest, and wetlands, located on the Flint River between
6 Highway 431 and the intersection of Taylor and Terry Drake roads,
7 close to the Hays Preserve. She stated the sanctuary and the
8 preserve could be the most productive sites for wildlife habitat
9 in the entire 530 square miles of the Flint River system. She
10 stated the two parks together, along with the land given by the
11 Ellett family, could provide approximately 1,000 acres that could
12 eventually be connected to form a regional park, to benefit not
13 only the city but also the state.
14 Ms. Goldsmith stated the acreage being donated included
15 80 acres of cropland that was converted wetlands. She noted that
16 this 80 acres was valued at $800,000. She stated that as prior
17 converted wetlands, this property could be converted back to
18 wetlands at a minimum cost to establish a wetland bank. She
19 stated the City could then sell these wetlands in the form of
20 mitigation credits and continue to retain the land for the park.
21 She stated that with this additional gift, the family was
22 requiring that all funds received from the sale of mitigation
23 credits be reinvested in the park, along with monies they were
24 requiring the City to invest each year to create and maintain the
25 park infrastructure. She stated that according to the master
26 plan and master plan map they had provided, the infrastructure
0005
1 would include a visitor welcome center and a spring overlook, a
2 paved bike greenway, and numerous trails, including handicapped
3 and canoeing trails. She stated a picnic rest area would be
4 developed surrounding a spring-pond located at the heart of the
5 park, where the paved handicapped trail as well as the bike and
6 walking trails would converge. She stated this would be called
7 "Jobala Haven," after the first two initials of her children's
8 first names, John, Barbara, and Laurie. She stated the caretaker
9 of the Hays Preserve would manage the Goldsmith-Schiffman
10 Wildlife Sanctuary, so the two parks could function both
11 individually and as one.
12 Ms. Goldsmith stated the sanctuary was intended primarily as
13 a native wildlife habitat and sanctuary for people to interact
14 with and appreciate the land and its wildness, rather than as an
15 intensively used recreational area. She stated motor vehicles
16 and domestic animals would be restricted and biking would be
17 limited to the paved greenway, away from the walking trails. She
18 stated there would be no commercial development other than food
19 and gift sales at the visitors center. She stated that except
20 for educational overnight trips organized by the caretaker, there
21 would be no camping. She stated that with these restrictions,
22 the sanctuary would be unlike any other park in the area, as the
23 wildlife would come first. She stated the biking, handicapped,
24 and numerous walking/jogging trails, in combination with the
25 special educational resources of the interpretive and welcome
26 centers at the preserve and the sanctuary, would provide a unique
0006
1 wilderness experience for the region and for the state.
2 Ms. Goldsmith expressed appreciation to the numerous
3 persons, both with the City and members of her own professional
4 team, who had made this gift possible. She stated Mr. John Hays,
5 whose family had established the Hays Nature Preserve, had served
6 as a role model for this endeavor and stated that his assistance
7 had been invaluable.
8 Ms. Goldsmith stated the sanctuary would be a place
9 suspended in time yet ever changing, a refuge for the wildlife
10 that lived there. She stated it would be a place to look and
11 listen, to observe and learn and enjoy peace, solitude, and the
12 soaring of soul experienced in sacred places. She stated that
13 persons living today and their children and grandchildren would
14 be inspired by the surrounding mountains and fields, by the
15 springs, the pond, the river, and streams, by the ancient
16 forests, and by the wildlife that called the sanctuary home.
17 President Russell moved for acceptance of the donation of
18 278.06 acres from Margaret Ann Goldsmith and family, which motion
19 was duly seconded by Councilwoman Moon, and was unanimously
20 approved.
21 A narrated video of the Goldsmith-Schiffman Wildlife
22 Sanctuary was shown to the Council and the audience.
23 Mayor Spencer recognized Mr. Dick Hiatt.
24 Mayor Spencer stated the next resolution to come before the
25 Council concerned the Food Bank and the role the Food Bank played
26 in the community. She proceeded to read the resolution.
0007
1 Mayor Spencer recommended and Councilman Kling read and
2 introduced a resolution declaring December 7 - 26, 2003, as days
3 of "Holiday Hope," as follows:
4 (RESOLUTION NO. 03-1108)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by President Russell,
7 and was unanimously adopted.
8 Mayor Spencer presented a copy of the resolution to
9 Mr. Hiatt.
10 Mr. Hiatt recognized representatives of Bruno's supermarkets
11 and WAAY-TV.
12 Mr. Hiatt expressed appreciation to Bruno's supermarkets and
13 WAAY-TV on behalf of the Food Bank and all the organizations and
14 persons they served. He stated they had taken a step forward in
15 trying to make the city a better place.
16 Mayor Spencer recognized Chief Owens of the Police
17 Department.
18 Chief Owens stated he was pleased to have the opportunity to
19 honor one of Huntsville's finest. He stated Officer John Citrano
20 exemplified the very best in what the community expected from its
21 police officers, noting he had recently saved the life of a
22 person who was attempting to commit suicide.
23 Chief Owens presented the medal of valor and the lifesaving
24 medal to Officer Citrano.
25 Councilwoman Moon recognized Mr. Larry Sisterman, stating he
26 was president of the Board of Directors of The Village, and
0008
1 Ms. Nancy Gill, a member of the Board of Directors.
2 Councilwoman Moon read and introduced a resolution
3 supporting the blanket drive sponsored by The Village Homeless
4 Outreach and IMS First Stop, as follows:
5 (RESOLUTION NO. 03-1109)
6 Councilwoman Moon moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling,
8 and was unanimously adopted.
9 Councilwoman Moon read the resolution and presented a copy
10 of it to Mr. Sisterman and Ms. Gill.
11 Ms. Gill commented on the homeless program in Huntsville,
12 stating she was one of the founding members of The Village. She
13 stated the community would be hearing more about this program in
14 the future.
15 Mr. Sisterman also commented on the program and expressed
16 appreciation for everything the community had done for this
17 program.
18 President Russell stated the following honorary citizen
19 certificates had been presented: Rong Chuan Wu, Korean
20 New Year's Day, October 10, 2003; SPC Renee L. Wiggins and
21 PV2 Jason J. Schwarte, Soldier of the Month, Redstone Arsenal,
22 December 3, 2003.
23 President Russell stated the next item on the agenda was
24 Public Hearings to be Held.
25 President Russell stated it was the time and place in the
26 meeting for a public hearing on Ordinance No. 03-953, concerning
0009
1 the rezoning of land lying generally on the west side of Zierdt
2 Road and north of Martin Road from Planned Industrial District to
3 Residence 2 District, Residence 2-A District, Residence 2-B
4 District, and Neighborhood Business C-1 District, which was set
5 at the November 13, 2003, Council meeting.
6 Ms. Linda Allen with the Planning Department stated this
7 rezoning request concerned approximately 360 acres on the west
8 side of Zierdt Road. She stated that fronting on Zierdt Road was
9 a proposed tract of Neighborhood Business C-1 District,
10 consisting of 13 acres, and immediately south of this and to the
11 rear was a tract of Residence 2-B, consisting of approximately
12 35 acres, and to the west of this was a tract of Residence 2,
13 consisting of approximately 98 acres, a tract of Residence 2-A,
14 consisting of 135 acres, and another tract of Residence 2,
15 consisting of 76 acres.
16 Ms. Allen displayed a view-graph of the area for the Council
17 and the audience.
18 President Russell inquired as to whether there was anyone in
19 the audience who wished to speak concerning this matter.
20 Mr. Joe Roberts appeared before the Council, expressing
21 appreciation for the opportunity to comment. He stated, however,
22 he would like to reserve his time until after the other comments
23 had been made, so that he might be able to summarize what had
24 been said.
25 Mr. Roberts asked that everyone who was present at the
26 meeting from the Edgewater community stand at this time.
0010
1 Several persons in the audience stood.
2 Mr. Grady Riley, 117 Lake Pointe Circle, Edgewater, appeared
3 before the Council, stating that persons from his community
4 wished to work with the City, Breland Homes, and Senator Enfinger
5 in addressing the issue before the Council. He stated he had
6 chosen to retire in Edgewater because it was a limited access
7 park, with a large private lake.
8 Mr. Riley stated he was representing the Edgewater
9 community, noting that 1,000 persons had signed a petition to
10 work on this problem and not to see the street made into a
11 freeway that was uncontrolled, with traffic coming through to
12 more or less destroy the community. He stated the community
13 would support the neighboring new community as it was developed
14 and support the rezoning but they did not want the end of
15 Edgewater opened to freeway-type traffic.
16 Mr. Riley stated there could be a crash gate put in at the
17 end of Edgewater that would allow emergency vehicles a second
18 exit from the proposed subdivision.
19 Mr. Riley asked the Council to either table or postpone the
20 entire rezoning initiative at this time or to deny the
21 westernmost portion of the rezoning request, being the parcel of
22 land adjacent to the Edgewater community. He stated this would
23 allow Breland and Enfinger to go ahead with their development in
24 a phased approach on the first three parcels. He stated Breland
25 and Enfinger had indicated to the Edgewater Board they would not
26 open up the one adjacent to Edgewater for most likely three to
0011
1 five years. He stated they understood the Council could approve
2 breaking this out and denying the fourth parcel at this time and
3 the City Attorney could modify the paperwork on the following
4 day. He inquired of Mr. Joffrion as to whether this were
5 correct.
6 Mr. Joffrion stated the Council could amend the zoning
7 ordinance, if it so chose, to rezone any portion of the property
8 described in the rezoning.
9 Mr. Riley stated rezoning to Residential would open many new
10 issues and would make Edgewater have a substantial vested
11 interest in and as a consequence of the rezoning decision. He
12 stated it made them a party to the rezoning decision or impact
13 process without being able to participate as the matter went
14 forward. He stated this would be true if the Council approved
15 all that was before it at this time. He stated if the other
16 parcel were left out, this would allow the Edgewater community
17 citizens time to work in a reasonable fashion. He stated that
18 rezoning prior to having the main issues between the two
19 communities, the City, and the Corps of Engineers resolved would
20 complicate and polarize the parties. He stated that Mr. Breland
21 had refused to sign the concurrence to vacate as of this time so
22 the City could proceed with that. He stated that since
23 Mr. Breland would not concur, as an adjacent landowner, in the
24 resolution to vacate and since they had seen preliminary plans,
25 it was very clear that Mr. Breland intended to open Edgewater
26 Drive as a main access to his property to enhance home sales.
0012
1 Mr. Riley stated if all of the rezoning could be delayed at
2 this time, or if, more appropriately, the westernmost parcel
3 adjacent to Edgewater could be denied for the present, and if
4 Mr. Breland would sign the concurrence to vacate or sign an
5 agreement not to sue the City or Edgewater, the Edgewater
6 citizens would support the rezoning and the development
7 wholeheartedly and help promote and market the new neighborhood.
8 He stated this would also allow for a discussion of all
9 reasonable options in this matter.
10 Mr. Riley stated they felt the opening of this street would
11 increase crime and would increase traffic through the street,
12 which he stated would present a safety problem. He stated the
13 area was a park and there were jogging and walking trails around
14 it. He stated there were bikers and mothers with baby buggies
15 everywhere. He stated the opening of the street would split the
16 neighborhood and persons on the north and northwest side would
17 have a major hazard crossing to the clubhouse, the walking
18 trails, the swimming pool, the lake, and the kids' park, which
19 would be virtually destroyed on the south end if the road were
20 opened. He stated children lived right on Edgewater Drive,
21 noting there was one family that had nine children, the oldest of
22 which was 15, that lived right on Edgewater Drive.
23 Mr. Riley stated all the residents in the area had invested
24 in a park community with all its amenities and uniqueness and
25 that they had had no idea the opening of the road was planned,
26 noting that the cul-de-sac in the area was a curbed cul-de-sac.
0013
1 He stated they had not looked at what the City owned or did not
2 own at that time. He stated they felt if this opening occurred,
3 the property values in the area would drop significantly. He
4 stated many persons were saying they were going to move out of
5 the neighborhood if this street opening were to occur.
6 Mr. Riley stated the City Planning personnel had stated the
7 new development had multiple-entry options other than Edgewater
8 Drive. He stated they had spoken with Intergraph and had been
9 advised they would sit down with them and work out what would be
10 the best option for the community as an emergency exit across
11 their property onto Dunlop Drive.
12 Mr. Riley displayed charts to the Council and the audience.
13 He showed where the break-away gate concept could be located and
14 explained other areas on the charts.
15 Mr. Riley stated they were looking for a win-win situation
16 for everyone involved in this matter. He stated they were aware
17 that the new development would provide revenue for the city and
18 stated it should go forward but not at the detriment of their
19 park community.
20 Councilman Kling stated he wanted to make sure he understood
21 this issue, noting that most of the district he represented would
22 welcome a zoning change of Planned Industrial to Single-family
23 homes. He stated he understood the housing in the new
24 development would be comparable to that which existed in
25 Edgewater, with homes in the $300,000 range. He asked if it was
26 correct that the citizens of Edgewater agreed with the rezoning
0014
1 and the development but the problem was the access road.
2 Mr. Riley replied in the affirmative, stating the safety of
3 persons in the community was a significant factor, noting there
4 was a 2.6 mile walking trail around the lake, with approximately
5 1 mile of this on Edgewater Drive.
6 Councilman Kling inquired as to whether one of the concerns
7 was about heavy construction trucks traveling on the road.
8 Mr. Riley replied in the affirmative. He stated they
9 assumed if the street were not open for other traffic, it surely
10 would not be open for trucks.
11 Councilman Kling inquired as to whether there would be
12 objection to the road being opened in approximately three or four
13 years after the development was established.
14 Mr. Riley stated there would still be the traffic coming
15 through without controlled access, causing safety concerns.
16 Ms. Monty Gonterman, 106 Moreland Pointe, appeared before
17 the Council, stating she would like to put a face on this issue
18 and introduce the Council to Edgewater. She stated Edgewater was
19 a lakeside community, with multiple pools and tennis courts. She
20 stated they had strictly enforced covenants and that they hired
21 security services. She stated Edgewater was located in West
22 Huntsville, just off Zierdt Road. She showed pictures of the
23 area to the Council.
24 Ms. Gonterman stated there were nine subdivisions that fed
25 into Edgewater Drive, that there were beautiful homes in the area
26 and they were very proud of them, and that they also had a
0015
1 condominium complex and three apartment complexes. She stated
2 there were more than 500 homes and more than 1,000 apartments.
3 Ms. Gonterman stated that the street in question,
4 Edgewater Drive, was 1.2 miles from its beginning to the southern
5 tip, where the cul-de-sac was located that was in question at
6 this time. She stated that trees were closely spaced along this
7 roadway and formed a canopy that was an absolute jewel. She
8 stated that this was one way in and one way out, that there was
9 no other exit from the area. She stated there was an extensive
10 greenway system that persons ranging from children to seniors
11 enjoyed, noting it was handicapped accessible.
12 Ms. Gonterman stated the community was passionately opposed
13 to opening up Edgewater Drive and stated they felt there were
14 other ways to handle this situation, whether it be the vacation
15 order or approving all but the final parcel adjacent to the end
16 of Edgewater Drive. She stated that they passionately urged the
17 Council to listen to their pleas at this time.
18 Mr. Charlie Ross, 126 Lake Pointe Circle, appeared before
19 the Council, stating that Cecil Moses had asked him to speak for
20 him at this time, noting that he had intended to speak on the
21 crime issue. He stated Mr. Riley had mentioned earlier about the
22 crime issue and that a single-entrance neighborhood was typically
23 viewed as having lower crime rates. He stated that Mr. Moses
24 would back this up, noting he had been the police chief in
25 Madison. He stated if one wanted evidence of that fact, they
26 could look at the Huntsville Country Club. He stated they were
0016
1 on a thoroughfare and had traffic all around them and they had
2 had to erect a heavy, chain-link fence around the entire property
3 in order to keep out vandalism. He stated Valley Hill Country
4 Club had a golf course and they had had kids coming into the area
5 and taking the dirt-moving equipment and destroying the golf
6 course. He stated that at Edgewater they did not have that
7 problem. He stated they had a part-time security guard
8 year-round, just to assure that they did not have a problem. He
9 stated if this road were put through their neighborhood, they had
10 the perception they would have to go to chain-link fences in
11 order to protect themselves. He stated that because of the
12 single-entry they did not have the traffic problems and the
13 vandalism that was in other areas. He stated they did not have
14 crimes of opportunity because persons were not wandering through
15 their neighborhood.
16 Mr. Ross asked the Council to fully consider the
17 presentation Mr. Riley had made and the options he had provided.
18 He stated he felt these were very good options, both for
19 Edgewater and for Breland.
20 Ms. Jo Ann Henderson, 107 Lost Tree, appeared before the
21 Council, stating that the persons from Edgewater who were present
22 were all present to ask the Council to save their neighborhood,
23 to save their lifestyles and their investments in the community.
24 She stated the Council had the opportunity to preserve a
25 flourishing, thriving neighborhood. She stated Edgewater was a
26 haven for families with children, for mature residents, and for
0017
1 those who enjoyed living in a safe park environment. She stated
2 this environment had not happened by chance, that it had happened
3 by countless hours of work and planning and the diligence of the
4 homeowners, the Board Association, and all the residents that
5 lived in the area and put forth their time and effort to create
6 this neighborhood.
7 Ms. Henderson stated the traffic jams they had in their
8 neighborhood were not caused by cars but by the residents out
9 enjoying the neighborhood. She stated these persons could be
10 seen at any time of the day or night, noting they felt safe in
11 the neighborhood.
12 Ms. Henderson stated the residents were asking for the
13 Council's help in preserving Edgewater, that they were asking
14 that their neighborhood not be sacrificed for a new housing
15 development. She stated there were many other options available
16 for both of these neighborhoods to co-exist and be successful.
17 She stated the Council had the opportunity to preserve their
18 neighborhood and still bring in the new housing development. She
19 stated that as stewards of the city, it was the Council's
20 responsibility to promote responsible growth. She stated the
21 residents of Edgewater felt the Council would do this and they
22 were asking them to do it in a very constructive manner, in a way
23 that an existing neighborhood was not devalued or destroyed. She
24 stated the residents in the area felt this issue could be
25 resolved with the Council's assistance.
26 Mr. Michael Baerlin, 100 Lake Pointe Circle, appeared before
0018
1 the Council, stating he lived adjacent to Edgewater Drive. He
2 stated when he had first moved into the area, he had wondered
3 about the 25-mile speed limit on Edgewater Drive but it had not
4 taken him long to realize this was because of the constant flow
5 of traffic and the constant flow of persons on the sidewalk. He
6 stated persons in the area were always urging drivers to slow
7 down. He stated the Police Department also patrolled this area
8 for speed on a regular basis. He stated that since he had lived
9 in the area there had always been a concern for the safety of
10 persons on the road. He stated he had six small children, eight
11 years old and under, and that he was very concerned about their
12 safety. He stated it would be a shame if someone got hurt
13 because of the opening of Edgewater Drive, especially since it
14 was not necessary but a convenience to a builder.
15 Ms. Georgia Richardson, 308 Bay Hill Way, appeared before
16 the Council, stating her property was also right on Edgewater
17 Drive. She stated that hopefully it was obvious to everyone
18 present how passionate the residents of this area were about
19 their neighborhood and about keeping Edgewater Drive closed. She
20 stated the extension of Edgewater Drive would increase traffic
21 through the community. She stated that three years prior she had
22 been struck by a car in a residential area and noted this was a
23 very painful experience she would not wish on anyone, and
24 especially not on anyone's child. She urged the Council to help
25 the residents of Edgewater keep their neighborhood closed and
26 keep their streets safe.
0019
1 Ms. Sally Scott, 309 Bay Hill Way, appeared before the
2 Council, stating she lived in Edgewater and that she represented
3 The Landing Apartments located within Edgewater. She stated
4 there were 168 apartment units, located on Spinnaker Drive. She
5 stated her family had been the original owner of the land where
6 Edgewater was developed and that this was a very sentimental
7 neighborhood for her family, noting there were three generations
8 of her family that lived in the Edgewater neighborhood.
9 Ms. Scott stated persons who lived in the apartments had
10 pointed out that one reason they wanted to live in the
11 neighborhood was the lake and the trail going around the lake.
12 She stated since there was a large area of the path along
13 Edgewater Drive, she felt if there were more traffic in this area
14 it would put a lot of people at risk.
15 Ms. Scott asked the Council to consider that this was a
16 neighborhood that was active, moving, and there were people out
17 at all hours of the day and night. She stated they would
18 certainly like to keep it a place they could all enjoy.
19 Mr. Bob Wolf, 114 Spinnaker Circle, Madison, appeared before
20 the Council, stating he had lived in Southeast Huntsville for
21 27 years at the same residence. He stated that as the years had
22 progressed, traffic increased considerably on their street, which
23 was Willowbrook Drive, and as a result traffic accidents
24 increased and the noise became more disturbing. He stated
25 several of the accidents had resulted in serious injury and his
26 family had sustained property damage on several occasions. He
0020
1 stated that, therefore, as they approached retirement, they had
2 wanted to relocate to a neighborhood that would provide security,
3 serenity, and amenities of interest to them. He stated the
4 Edgewater Community had provided this and that was why they had
5 built their home in the area eight years prior. He stated he had
6 a real concern that if Edgewater Drive were opened to through
7 traffic, the Edgewater Community would experience the same
8 accident and property damage problems that had occurred at his
9 previous residence due to the increased traffic. He urged the
10 Council to take the appropriate action to preclude the opening of
11 Edgewater Drive.
12 Mr. Lyle Needham appeared before the Council, stating that a
13 year prior he and his wife had moved to 525 Sussex Drive in the
14 Edgewater Subdivision. He stated that prior to this they had
15 lived for 27 years at the same address in the northeast section
16 of Huntsville. He stated he lived in a patio home in Edgewater,
17 noting there were many affordable homes in Edgewater, that there
18 were not only patio homes and single-family residences but also
19 townhouses and apartments.
20 Mr. Needham stated other individuals had furnished details
21 about security and safety and traffic, et cetera. He stated that
22 the home he lived in overlooked the cul-de-sac in question. He
23 stated he saw three to five hundred persons coming to the end of
24 the cul-de-sac to do leisurely things that were important to the
25 community. He stated that because he was very active in the
26 collection of the names to the petition, he had had the
0021
1 opportunity to meet with many of the residents in the area and
2 had gotten to know first-hand how incensed persons in the area
3 were and how concerned they were about the situation. He stated
4 many of them had told him they were afraid they would have to
5 sell their property and that it would be devalued. He stated he
6 just wanted to give the Council a personal observation concerning
7 this, noting it was not a theoretical problem but a real problem,
8 as perceived by the persons in the Edgewater community at this
9 time.
10 Mr. Needham stated he was aware that the Council had the
11 power to help the residents in this area preserve their community
12 and their way of life and stated they felt they deserved this and
13 they certainly hoped the Council did also.
14 Mr. Gareth Bryant, 102 Regent Court, Madison, appeared
15 before the Council, speaking in opposition to the extension of
16 Edgewater Drive in the Edgewater Subdivision. He stated he and
17 his wife had scrimped and saved for 40 years to come up with the
18 money to live in a nice place and that he and the other residents
19 in the area were proud of their neighborhood and they did not
20 want to see the nature of the area changed. He stated he felt
21 cities had a commitment to attempt to maintain the standards that
22 had attracted persons to certain developments. He stated that as
23 he understood it, there was no need for this extension, that the
24 other property would have plenty of access to Zierdt Road just as
25 the residents of his area did. He stated he did not see any
26 reason to open this road up just to make a shortcut to I-565,
0022
1 noting it would become a speed zone through the area. He stated
2 many persons walking in the area would be endangered, that noise
3 pollution would be increased along with traffic danger. He urged
4 the Council not to open up Edgewater Drive, stating he did not
5 believe there was any point in doing so.
6 President Russell stated there would be a five-minute
7 recess.
8 (Recess taken.)
9 President Russell reconvened the meeting.
10 Mr. Randy Gloyd, 113 Compass Point Drive, appeared before
11 the Council, stating his main concern was the opening of the end
12 of Edgewater Drive. He stated he certainly hoped the Council
13 would seriously consider the options that had been presented
14 previously. He stated that when he and his wife had purchased
15 their property in Edgewater approximately six years prior, one of
16 the things they liked most was Edgewater Drive and the Bradford
17 trees that lined each side of the street. He stated that in the
18 spring the blooming of the trees with their white blooms gave the
19 appearance of fresh snow on the treetops. He stated his concern
20 was that the opening of Edgewater Drive as proposed would
21 increase the traffic, with large trucks and other vehicles
22 hitting the trees and knocking the limbs off the trees while the
23 construction of the proposed subdivision was ongoing. He stated
24 that, in addition, they saw that the traffic would continue to
25 increase on Edgewater Drive as more and more homes were built and
26 sold in the proposed subdivision. He stated the increase in
0023
1 traffic would increase the noise level and provide an opportunity
2 for an increase in crime, as had previously been stated. He
3 stated some cities had closed streets rather than opening them,
4 in order to prevent crime. He stated what was being proposed
5 would provide another means of escape for criminals entering
6 Edgewater. He stated they were most interested in preserving the
7 safety for the families in Edgewater.
8 Mr. Gloyd stated he believed the proposal, if it were
9 approved, would end up changing the character of the neighborhood
10 in the Edgewater community. He stated the residents in the area
11 took this matter very seriously, noting that a petition with
12 approximately 1,000 names had been presented to the Council. He
13 urged the Council to abide by the wishes of the Edgewater
14 community and to listen to the message they were sending to them.
15
16 He asked that they please not destroy what had taken almost
17 20 years to establish. He stated the opening of Edgewater Drive
18 would not be to the benefit of the Edgewater community and the
19 city of Huntsville. He stated if the Council approved what had
20 been proposed, the only people it would benefit would be Senator
21 Enfinger and others. He stated he certainly hoped the Council
22 would not vote in favor of money and politics over the wishes of
23 the families in the Edgewater community.
24 Mr. Ken Brown, 523 Sussex Drive, appeared before the
25 Council, speaking in opposition to any action that would open up
26 Edgewater Drive to through traffic. He stated that
27 Edgewater Drive was a parklike setting and that Edgewater had
0024
1 been a trouble-free and very much ideal kind of community. He
2 stated he felt what Huntsville needed was more communities like
3 Edgewater rather than fewer.
4 Mr. Glenn Davis, 113 Paddington Green, Moreland Shores,
5 Edgewater, appeared before the Council, stating that the Moreland
6 Shores Subdivision was bordered by the lake on one side,
7 Edgewater Drive on the other side, and on the third side by the
8 park and cul-de-sac. He stated the Council had heard about how
9 to have a win-win situation and that they had heard a lot of
10 details on why opening up Edgewater Drive at the cul-de-sac to a
11 new subdivision was bad news. He stated that the facts he
12 perceived were very simple. He stated the Council members were
13 the leaders of Huntsville and that the persons present from
14 Edgewater were representing 1,000 citizens of Huntsville. He
15 stated they certainly wished to be successful in working with the
16 Council on this matter. He stated that the Planning Commission
17 recommended and the City Council dispensed, that the Council
18 approved or disapproved or modified. He stated that what
19 happened to the community of Edgewater, its safety, its security,
20 its property values, et cetera, was up to the Council.
21 Mr. David stated the subdivision of Moreland Shores had won
22 the beautification award of the city more times than any other
23 neighborhood in the city. He stated they took a great deal of
24 pride in their park-like community, that they worked very hard at
25 it. He stated that, as he perceived it, there were several
26 hundred acres of land to the south of Edgewater and the
0025
1 cul-de-sac. He stated that not a shovel of dirt had been turned
2 in all this acreage. He stated these several hundred acres had
3 been brought forth to the Council from the Planning Commission as
4 a residential and apartment neighborhood. He stated the
5 residents of Edgewater understood the need for growth and that
6 they understood the need for additional income, additional
7 housing, et cetera. He stated that, however, the subdivisions
8 could be planned any way the subdivision developers and the
9 Planning Commission decided and then the Council could dispense.
10 He stated it was obvious to everyone that if they wished more
11 than one egress/ingress or if that was a new requirement for a
12 new neighborhood, this could easily be accomplished on several
13 hundred acres. He stated that one speaker had said that a
14 neighbor, Intergraph, was willing to help with that. He asked
15 why there was all this interest on the part of the developers in
16 opening up Edgewater Drive. He stated there were only two
17 logical reasons for this, noting that the first one was to reduce
18 the street construction costs and the second one was to benefit
19 home sales by entering the new subdivisions through Edgewater.
20 He stated that what the Council was faced with at this time was a
21 decision between 1,000 citizens and developers demonstrating
22 avarice and greed.
23 Mr. Charles Duffey, 272 West Lake Circle, Edgewater,
24 appeared before the Council, stating that this day was the first
25 anniversary of his residence in Edgewater. He stated that
26 previously he had lived for one year in Manhattan, on East 57th
0026
1 Street off 1st Avenue. He stated that the place where he was
2 residing at the present time was on Edgewater Drive. He stated
3 he had come to the city basically to get away from New York and
4 the traffic. He stated his concern as a new resident who hoped
5 to remain in the area for a few more years was that opening
6 Edgewater would increase the flow of traffic. He stated that the
7 traffic in the area was already bumper to bumper between 6 a.m.
8 and 8 a.m. in the morning. He stated there was also a great
9 inflow of UPS, Fed Ex, and lawn service trucks during the day.
10 He stated he felt the police department could increase their
11 revenues by spending more time enforcing the speed limit in the
12 area. He stated he felt the proposal to open Edgewater would be
13 a disaster for the community and also for the city of Huntsville.
14 Mr. Joe Markley, 103 Compass Point Drive, appeared before
15 the Council, stating he had somewhat of a different take on this
16 situation. He stated he shared the same concern about the
17 traffic flow, the safety of families, the vandalism, the abuse of
18 the facilities in the area, et cetera. He stated he had come
19 into the neighborhood after going through nine months of
20 chemotherapy and a stem cell transplant. He stated he had been
21 immuno-compromised ever since his arrival one and a half years
22 prior. He stated he had come to Edgewater because he had
23 considered it a finished development, with very little
24 development. He stated that construction tended to put things
25 into the air which were hazardous to cancer patients. He stated
26 he was not the only cancer patient in Edgewater, that he was
0027
1 aware of at least three other persons in the area who were
2 dealing with cancer. He stated there were also numerous seniors
3 who lived in the area who were at a higher risk for respiratory-
4 type illnesses caused by such airborne particles.
5 Mr. Markley stated he would like to see the drive not be
6 opened, for the health and safety of the elderly residents and
7 those persons who had medical issues who had chosen the community
8 for the No. 1 reason that there was very little development going
9 on in the area.
10 Mr. Markley stated he was retired military and that he and
11 his wife and children spent a lot of time volunteering in the
12 community to help maintain the standards they had come to enjoy.
13 He stated they helped with the grounds and with volunteer ID
14 checking, to assure that persons who belonged on the private
15 property were the ones who were there. He stated they tried to
16 keep those who were not supposed to be there from coming in. He
17 stated if this road were opened up, it would allow a constant
18 flow of persons coming into the private property areas. He
19 stated if the road were extended, this would affect their ability
20 to check the persons who belonged in the area.
21 Ms. Sue Chatham, 126 Lake Pointe Circle, appeared before the
22 Council, stating her home also bordered Edgewater Drive. She
23 urged the Council to consider the options of not opening
24 Edgewater Drive to through traffic. She stated there were
25 several options that could be considered to make this a win-win
26 situation for everyone.
0028
1 Ms. Sheryl Snodgrass Caffey, 125 Lake Pointe Circle,
2 appeared before the Council, stating she and her husband referred
3 to this neighborhood as "a little piece of heaven on earth." She
4 stated the Council had heard persons discuss the physical
5 amenities of Edgewater and stated she would like to talk about
6 the mental amenities. She stated there was nothing like driving
7 home from a hectic and stressful day and rounding the curve and
8 seeing the sign that said "Edgewater Drive" and driving down
9 Edgewater. She stated that when one saw that tree-lined street,
10 one knew they were home, in a place that was tranquil and
11 peaceful, a place where neighbors greeted one another with smiles
12 and waves, where kids were playing and life was being lived and
13 enjoyed at its best. She stated Edgewater was more than just a
14 community, that it was a lifestyle. She stated it was multi-
15 cultural, multi-racial, multi-economic, and even multi-city,
16 consisting of two cities, Huntsville and Madison.
17 Ms. Caffey stated that whenever a person purchased property,
18 one of the considerations, in addition to the house itself, was
19 the character of the neighborhood, noting this was a significant
20 consideration. She stated that as the persons who lived in
21 Edgewater had purchased their homes, they had looked at the
22 character of the neighborhood and had considered the fact that
23 Edgewater itself was one huge cul-de-sac, with several
24 cul-de-sacs and horseshoes intersecting. She stated they
25 considered that fact and thought about how secure the community
26 was. She stated she often drove home late at night and noted it
0029
1 felt good to see women outside at 11 and 12 o'clock at night,
2 walking the 2.6 miles around Lady Ann Lake, or jogging. She
3 stated she was an attorney and did a lot of criminal defense
4 work, so that she was very much aware of the level of crime in
5 the city. She stated it was very comforting to know she lived in
6 a community where she could walk late at night and not be
7 concerned about being raped or assaulted, and where children
8 could live and not be concerned about being kidnapped. She
9 stated Edgewater was a community where they all looked out after
10 each other and helped each other.
11 Ms. Caffey stated she was aware that the Council could not
12 vote to landlock any landowners and stated she was aware that
13 might be an issue that was being considered in this case. She
14 stated that what the Edgewater residents were asking them to do
15 was to table the vote on the particular section that directly
16 related to Edgewater Drive and the cul-de-sac until every
17 conceivable alternative had been explored, insofar as providing
18 ingress and egress for the landowners adjacent to Edgewater.
19 Ms. Caffey invited the Council members to come out to
20 Edgewater, preferably after 6 p.m., so they could see Edgewater
21 with all its beautiful Christmas decorations, noting they felt
22 this would help inspire them to do the right thing.
23 Mr. Louis Breland appeared before the Council, stating he
24 wanted to remind the Council and other persons that what they
25 were talking about was a public road, not a private road. He
26 stated it was owned by the public. He stated he was one of the
0030
1 junior developers in Edgewater and noted everyone had known the
2 development would be extended when it was originally developed.
3 Mr. Breland stated that approximately $40 million had been
4 appropriated in TIF-3 to open the west side of Huntsville for new
5 schools, noting there had been controversy then about whether the
6 schools would be needed because there was no development. He
7 stated the development they were proposing was the quality of the
8 Edgewater community. He stated, also, that there was more than
9 100 acres of wetlands they were negotiating with Mr. Fanning
10 about donating to Huntsville.
11 Mr. Breland stated the Planning Commission had voted
12 100 percent in favor of the rezoning. He stated it appeared the
13 matter was getting way off track, noting they were at this time
14 asking for a rezoning of the property. He stated it could be
15 years before they would consider tying into Edgewater Drive,
16 noting there was a lot of work to be done.
17 Mr. Breland stated he was not willing to give up his legal
18 rights to tie into this road. He stated that what the Council
19 was being asked to do about this road would throw out every
20 sensible plan of the 20-odd years he had worked with the City of
21 Huntsville and all the other cities he had worked with around the
22 Southeast. He stated there could not be an isolated pod of
23 property, with only one way in and one way out. He stated this
24 was not done anymore.
25 Mr. Breland stated that Councilman Watson had leaned on him
26 very hard and asked him to work with the Edgewater Association
0031
1 and stated he had vowed to do so and that he certainly would
2 listen to their concerns, work with them, and explore
3 alternatives. He stated, however, that they were present at this
4 time to ask for a rezoning of a high-quality development that the
5 City leaders had been asking them to do for several years, to
6 open up this side of town.
7 Mr. Breland stated they had heard a lot about perception in
8 the meeting and stated this was basically what he saw in all the
9 terrible things that had been stated were going to happen, that
10 it was perception, not reality.
11 Mr. Breland asked the Council for a favorable vote for the
12 complete rezoning of the area in question, noting they had
13 invested millions of dollars in this area and they were going to
14 work with the City and with Edgewater to deliver a high-quality
15 development. He stated they had already agreed that if they were
16 to tie into Edgewater Drive, they would not open it until all the
17 road construction was finished. He stated they were not even
18 saying they would tie into this but noted that if they did, it
19 would be years in the future.
20 Mr. Paul Pate appeared before the Council, stating he was a
21 local attorney representing the developers in this matter. He
22 stated he felt the focus had been somewhat misplaced. He stated
23 no one would argue that Edgewater was not a beautiful
24 development, that he felt it was a very, very nice development
25 and the residents should be very proud of it. He stated the
26 focus at this time was not on the closing of a public street,
0032
1 that the sole issue was rezoning. He stated the property in the
2 area had been annexed and zoned when the airport was originally
3 put in and that it was zoned Planned Industrial, including the
4 area where Edgewater was located at this time. He stated
5 Edgewater had been rezoned Residential and the different types of
6 zoning it had in 1985 and that the remaining part was still
7 Planned Industrial.
8 Mr. Pate stated that when the Council looked at a rezoning
9 request, the legal question that came up was if it were fairly
10 debatable. He stated that if it was, then whatever the decision,
11 it would be upheld. He stated what was before the Council at
12 this time was a question of rezoning a rather large Planned
13 Industrial tract that was directly adjacent to a very nice
14 Planned Residential development, to get it away from Planned
15 Industrial and to form an integrated community, with more
16 residential. He stated that to him the wisdom of this was not
17 fairly debatable, that it should be done, not only for the
18 development but also for the protection of the Edgewater
19 development. He stated this was the sole issue before the
20 Council at this time. He stated the Planning staff had supported
21 this and had come up with the zoning plan, that it had come
22 before the Council, and that all Mr. Breland and the other
23 developers involved were asking was that they be fairly treated
24 and the wisdom of this be seen and the other issues be put aside
25 and it be zoned for a very nice residential development that
26 would be integrated in with the Edgewater development.
0033
1 Mr. Pate stated he strongly believed a road issue was not at
2 issue at this time but stated that since almost every person who
3 had spoken on behalf of Edgewater had raised this matter, he felt
4 compelled to address a couple of issues about this road. He
5 stated he had with him for any person who would like to look at
6 them copies of the two recorded plats of the subdivisions that
7 abutted the end of the road in question. He stated each of these
8 plats showed where the road stopped and the cul-de-sac. He
9 stated, however, that what was important was that there was a
10 decision made by the City, through the Planning Department and
11 the Planning Commission, about the road when the subdivisions
12 were put in. He stated that each of the plats showed the
13 subdivision and said "Temporary Construction Easement," and that
14 it went on to say "To be abandoned when road or right-of-way is
15 extended." He stated it was clear that when these subdivisions
16 were done, it was contemplated the road would not dead-end there
17 at the edge. He stated the City had made that determination and
18 that even though it was not an issue before the Council at this
19 time, he felt it needed to be understood by all parties involved.
20 Mr. Pate stated what he would ask the Edgewater residents to
21 look at was that there would be a large integrated residential
22 development and that he would ask them to welcome this
23 development, noting it was a nice development that would
24 complement the Edgewater development. He stated that in the long
25 run, this would be a win-win situation for all parties involved.
26 Mr. Ron Pursel, 120 Spinnaker Circle, appeared before the
0034
1 Council, stating he had moved into the area recently and that
2 after looking at several places, he and his wife had finally made
3 the decision to move to Edgewater. He stated he was glad they
4 had made that decision, noting it was a very unique community.
5 He stated he understood Breland and his desire to build the new
6 subdivision and he certainly believed in progress and wished them
7 the best and hoped they could develop to a standard that would
8 come up to Edgewater. He stated, however, that one could not
9 take profit and put it in one's pocket and take away serenity
10 from one's neighbors, that it was not right. He stated he could
11 understand why they wanted to come through Edgewater, noting it
12 would certainly help them sell their property. He stated he did
13 not feel this action would behoove anyone because the Council
14 would create a mess, perhaps not for them as they might not be in
15 office, but for their predecessors who they should look out for.
16 Mr. Pursel stated they could not make Edgewater three lanes
17 unless they tore down all the beauty for which the neighborhood
18 had strived so hard. He stated most everyone in the neighborhood
19 worked, so there would be approximately 800 cars at this time
20 trying to get out of the neighborhood. He stated if 800 more
21 cars were added to a two-lane road, it would not even be
22 feasible. He stated traffic engineers should also be involved in
23 this matter, stating he felt if they looked at it reasonably,
24 there would not be the same understanding that the developers
25 had.
26 Mr. Steve Baum, 128 Compass Point, appeared before the
0035
1 Council, stating that when he had come to the city approximately
2 12 years prior, his No. 1 choice to live had been Edgewater
3 because it was a beautiful place to live. He stated it was
4 obvious there was a lot of community pride and a lot of effort
5 that went into keeping the area that way. He stated the
6 community, the beauty, and the limited access were significant
7 things. He stated that what a lot of people had not talked about
8 was the economics. He stated he was always taught that in buying
9 a house what one had to look for was location, location,
10 location. He stated what they were talking about was potentially
11 destroying the location of the Edgewater community. He stated he
12 had originally lived on Lake Shore Drive and then had sold that
13 house and had built another house on Compass Point. He stated he
14 had enjoyed a great appreciation in his first home over a period
15 of eight years and stated he felt a lot of this had to do with
16 the fact it was in Edgewater and it was a community people took
17 pride in and was a desirable place to live. He stated he
18 believed opening Edgewater Drive to through traffic would be like
19 driving a stake through the heart of the Edgewater community.
20 Mr. Cameron Handysid, 308 Bay Hill Way, appeared before the
21 Council, stating he felt persons who had spoken previously had
22 given the Council members a really good idea of what the
23 community was like, noting they were all very active in the
24 community, that they all got outside, and all walked. He stated
25 he did want to take the time to say thanks for the civics and the
26 politics involved in this matter, noting this was his first time
0036
1 dealing with local politics and that he had been involved in all
2 the Council meetings since the issue had commenced.
3 Mr. Handysid stated he wanted to take the Council back to
4 how this matter had started. He stated the Edgewater Board had
5 met one evening and Mr. Breland and Senator Enfinger had attended
6 and had told the Board about the new development and that at that
7 time they had been made aware of a new road. He stated that when
8 Mr. Breland now stated they did not have a plan at this time for
9 a new road, they were all kind of taken aback, that they did not
10 know what to think, because from the beginning of the matter they
11 had all recognized the potential for having Edgewater opened to
12 this new development. He stated they had gone to the City
13 Council and to the Mayor and had been advised of the possibility
14 for an easement. He stated they had then gone to the Planning
15 Commission and the Planning Commission had said all communities
16 at this time needed two entrances/exits. He stated they had said
17 the Edgewater community did not have this, so they felt it was
18 necessary to open Edgewater Drive. He stated Edgewater Drive had
19 been closed for 18 years and questioned why there was now a
20 sudden need for the emergency entrance/exit in the community. He
21 stated this was not understandable, noting if they were really
22 worried about persons in Moreland Shores getting a fire truck
23 down there with trees down, someone would have done something
24 about this a long time prior. He stated this seemed to boil down
25 to over a thousand residents of a community were asking the
26 Council to help them protect their community. He stated that
0037
1 18 years prior when the plat was laid out, it was a neighborhood,
2 a development, that it was someone with pencil and paper laying
3 it out. He stated everyone was aware that now it was a
4 community, that it was not a plat on paper. He stated
5 Mr. Breland and Senator Enfinger had come to the City with a
6 plan, like they had done many times before, but that at this time
7 there was a situation where Mr. Breland had come in conflict with
8 a group of people with a community. He stated the community was
9 asking the Council to actually sit back and think about what they
10 were getting ready to do.
11 Mr. Handysid stated Mr. Breland or Senator Enfinger had
12 never come to the neighborhood with a compromise, that they had
13 come to them and said the road was going through, that they were
14 going to get the zoning. He stated he felt the developer should
15 work with them, stating they had extended the olive branch. He
16 stated Mr. Breland was saying at this time he would work with
17 them after he got the rezoning. He stated that after he got the
18 rezoning, it would be too late, that everyone realized that once
19 the zoning for the entire property was done, they would not have
20 a leg to stand on. He questioned why Mr. Breland was not working
21 with them now. He asked why they could not table the matter
22 until they could work out a compromise to satisfy everyone.
23 Mr. Handysid stated Senator Enfinger did build nice
24 developments and stated he did not feel anyone in Edgewater would
25 deny that having a development done by Senator Enfinger behind
26 them would be a great asset to the area. He stated Clift's Cove
0038
1 was an Enfinger development and noted this was also a one
2 entrance/exit development. He stated he did not understand why
3 Breland Development and Enfinger Development were not coming to
4 them and assuring them they were going to help them maintain the
5 Edgewater community the way it was at this time and offering them
6 a compromise. He stated he did not feel the Edgewater residents
7 were asking for too much in this matter.
8 Mr. Robert Bijvoet, 498 Sussex Drive, appeared before the
9 Council, stating he had lived in the area since 1977 and had
10 always looked for places that were quiet, beautiful, and peaceful
11 and they had found one in Edgewater. He stated the Council had
12 heard a lot about all the issues from other speakers and he would
13 not address those again. He stated when Senator Enfinger had
14 come to the Edgewater clubhouse, he had shown them a preliminary
15 plat which clearly showed Edgewater coming through into the other
16 development, tying into a new road that would come from
17 Zierdt Road, somewhere in the middle of the wetlands. He stated
18 Mr. Breland may not have known about that but that
19 Senator Enfinger had. He stated it had been proposed for the
20 City Council to go ahead and rezone most of the area but just not
21 rezone a portion in the northwest section and give them a chance
22 to work with Mr. Breland and Senator Enfinger to see what they
23 could do to satisfy both parties. He stated he was not a lawyer
24 but just an engineer that worked on the space program. He stated
25 Mr. Pate had mentioned something that went back to 1985, that he
26 had shown them a plat and had shown them some language on there.
0039
1 He stated he was also aware that in the charter of the Planning
2 Commission there was a statement that said that when this was
3 made there should be an expiration date put on there. He stated
4 he did not hear that mentioned and he did not know if the
5 Planning Commission even did that back then. He stated he did
6 not think either Mr. Pate or Mr. Breland could expect all the
7 residents in Edgewater to go look at a plat that was
8 approximately 20 years old and see what they were going to do
9 back then. He stated plans changed. He stated he felt the
10 Edgewater community had spoken at this meeting and had told the
11 Council what they would like to change it to. He reiterated they
12 were willing to work with Mr. Breland and Senator Enfinger.
13 Mr. Walt A. Buie, 107 Lost Tree, appeared before the
14 Council, stating Edgewater was the only place he had ever lived
15 in Huntsville and that he had been living there for approximately
16 14 years. He stated he had moved to the area from a large city
17 and that some of the zoning had scared him when he came to
18 Huntsville, so he was very careful where he moved. He stated
19 Edgewater was one of the very few master-planned communities at
20 that time. He stated that it being in the location it was in and
21 the fact it was a one-way entrance and exit was a significant
22 part in his decision-making in buying a house there. He stated a
23 few years prior they had decided to look for another house and
24 had spent approximately two years looking in Edgewater, waiting
25 for another house to become available. He stated if they had
26 known some of the things they knew at this time, it most likely
0040
1 would have influenced that decision. He stated he felt it would
2 definitely impact the entire neighborhood to have this
3 thoroughfare cut through an existing, mature neighborhood such as
4 Edgewater. He stated he had never seen an issue where residents
5 were so totally polarized against it, noting that the
6 neighborhood pretty much stood together 100 percent against the
7 subject activity. He stated this was something they would not
8 forget if it went through, because they would remember it every
9 time they drove home. He stated they were not dealing with
10 perceptions but with reality, that Mr. Breland might be dealing
11 with perceptions. He stated they would certainly like to work
12 out something that would be a win-win situation for everyone.
13 Mr. Lowell Sallee, 102 Betts Spring, appeared before the
14 Council, stating he gave a hearty amen to all the residents who
15 had spoken for Edgewater. He stated this was a major problem but
16 he felt he had a simple solution and this would be if Mr. Breland
17 would buy one of the homes for sale in Edgewater and live there
18 for a year. He stated he felt then he would not do what he was
19 wanting to do. He stated that, secondly, Mr. Pate had mentioned
20 about the plat, and he guessed he was appealing to law. He
21 stated that laws were intended for the good of the people and
22 noted this law was not good for the people and should be changed.
23
24 Mr. Sallee stated that, thirdly, he wanted to appeal to the
25 Council, noting he appreciated their position. He stated they
26 had a lot of important choices to make. He stated they had to
27 decide what was right and what was wrong, if they should zig or
0041
1 zag. He asked them to seriously consider all that had been said
2 but especially as to who they were, noting they were servants of
3 the community, but more importantly, they were servants of God,
4 that they were accountable first and primarily to the One who put
5 them in their position. He stated that based upon that, they
6 were bound and must consider any choices they made for the good
7 of people, being accountable to the God who created those people,
8 and His primary basic, fundamental laws about loving your
9 neighbor as you love yourself and doing unto others as you would
10 have them do unto you.
11 Mr. Sallee stated his question for the Mayor and for the
12 Council was: If you all lived in Edgewater, would you want this
13 done to you? He questioned how they could possibly allow it to
14 be done to others. He suggested that whatever decision would be
15 made would not be based on anything but what was just, what was
16 fair, and remembering that all would give an account to God. He
17 stated he was not making this necessarily a religious/moral
18 issue, but stated that all would give an account. He stated he
19 hoped Mr. Breland and whoever else was involved would take this
20 into consideration as well. He stated there had been many
21 options offered and questioned why they would make 1,000 people
22 mad for no reason when there were other ways to do this. He
23 asked the Mayor and the Council members to help make this a
24 peaceful solution, noting that the residents of Edgewater were
25 willing to bend over backwards to do what they could and asked if
26 they could not expect the same from Mr. Breland.
0042
1 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
2 Council, stating she did not live in Edgewater but that it was
3 difficult for her to stay out of any issue that involved the
4 people. She stated she had attended several meetings in the
5 prior week and this matter had been on every agenda and she could
6 not figure out what was going on. She stated she had been
7 attending Council meetings for 14 years and had see politics at
8 its best and at its worst. She stated everyone knew how powerful
9 the developers were, that they had seen that when the Summit came
10 through. She stated this situation was pitting the neighbors
11 against the developers and that she felt this was wrong. She
12 stated that while the Council was stating they could not close a
13 road, Lytle Street had been closed and this Council had done
14 this. She stated the Council was powerful enough to block the
15 developers from going into neighborhoods if they really wanted to
16 because they had stopped Lytle from going into Governors Drive.
17 She urged the Council to listen to the citizens, noting they were
18 begging and pleading with the Council on this issue. She stated
19 this was one of the most important issues she had seen since she
20 had been coming to the Council meetings. She urged the Council
21 not to let petty politics enter into this matter, no matter who
22 the developers were. She stated the persons in this neighborhood
23 had an investment and that they lived somewhere where everyone
24 would like to live. She noted that the residents were willing to
25 work with the developers and with the Council on this matter.
26 She stated she would hate to see the Council table the matter
0043
1 because if they tabled it she did not know what might happen,
2 inquiring as to whether it could be brought up at any time the
3 Council wanted to bring it up.
4 President Russell replied in the affirmative.
5 Ms. Reed stated that then the residents would be caught off
6 guard. She urged the Council to let the residents keep their
7 neighborhood. She stated the developers should build their own
8 road and go around if there were a way to do it. She urged the
9 Council to not table the matter but drop it at this time and shut
10 the road down and not rezone the property.
11 Mr. John Wiggington, 110 Spinnaker Circle, appeared before
12 the Council, stating he would like to second everything his
13 neighbors had said, noting that some of it had been emotional and
14 a little theatrical. He stated that there was one traffic
15 problem that would be a fact. He stated one of the pictures that
16 had been shown earlier was standing in the center of the
17 cul-de-sac and looking down toward the lake, down the boat ramp.
18 He stated this was a single-lane-width boat ramp and stated that
19 in order to get a boat into the boat ramp, one had to pull up in
20 the cul-de-sac in the middle of the street and take the time to
21 back one's vehicle down into the boat ramp. He stated this would
22 not be the kind of traffic situation they would want to have as
23 the road went through there. He stated that in order to
24 alleviate this, there would have to be some major construction,
25 which would destroy the children's play area, et cetera, to put
26 in a turn-around area and parking for vehicles to replace what
0044
1 was now done around the area of the cul-de-sac. He stated that
2 if the traffic engineers went down and looked at this situation,
3 they would see the whole area would have to be replanned. He
4 questioned how this would be paid for. He stated if the road
5 were opened, they would in essence lose access to the boat ramp
6 for a period of time until the issue would be resolved. He urged
7 the Council to do the right thing about this matter, stating he
8 felt they would.
9 Ms. Mary Ann Thomas, 116 Lake Pointe Circle, appeared before
10 the Council, stating she wanted to address one of the things
11 Mr. Breland had said. She stated he had talked about being a
12 good neighbor and that this was about rezoning and not about the
13 road. She stated it was everything about the road and that
14 Mr. Breland was making it that way. She stated if he would have
15 been a good neighbor and signed the vacation of easement, they
16 would not be at the Council meeting, there would not be any
17 problems with the rezoning. She stated they were present
18 opposing the rezoning because he was refusing to work with them.
19 Mr. Pate stated there had been some questions about some of
20 the remarks he had made and that he wanted to clarify this. He
21 stated that one was a question about the expiration of plats. He
22 stated there was a provision in there but that it dealt with
23 filing the plat once it was approved by the Planning Commission
24 and stated this was just a leverage to make sure the plats would
25 get filed on a timely basis. He stated the law was very clear
26 that what was put on a plat, once recorded, did not expire, for
0045
1 the protection of not only the subdivision created by such plat
2 but for the community as a whole. He stated that if they were to
3 have the restrictions and setbacks, et cetera, on plats expire in
4 10, 15, or 20 years, there would be chaos.
5 Mr. Pate stated that the Council's duty, as he saw it, was
6 to focus on the rezoning request, and no more and no less. He
7 stated the road should not be an issue, noting this was not the
8 proper forum for that. He stated to Mr. Joffrion it might be of
9 benefit if someone could explain to the Edgewater residents the
10 planning process, that when one went back to the
11 Planning Commission, one filed for a subdivision plat, and it
12 would go to the subdivision committee, where these issues, roads,
13 and whatever, were looked at very carefully by the Planning
14 staff. He stated what was before the Council at this time was
15 the rezoning from Industrial to Residential, to protect not only
16 the Edgewater residents but to allow for development of land
17 within the city.
18 Mr. Pate stated one final question raised was that
19 Mr. Breland had said there were no plans to do this road at this
20 time. He stated another development done by these developers,
21 being Clift's Cove, was an exemplary example of such commitments.
22
23 He stated this development was now on its 12th addition and that
24 there was a road that needed to be connected that had not been
25 connected yet and stated this would be a part of the final
26 construction of the 12th addition and that it would be
27 constructed and connected sometime in the following year.
0046
1 Mr. Pate stated the request on behalf of the developers was
2 that the Council focus on and approve just the zoning.
3 Ms. Monty Gonterman stated she would like to read one
4 sentence from the Code of Alabama, Section 11-52-50: "Thereupon,
5 by resolution the Council may approve and adopt or reject such
6 plat or may modify it, with the approval of the Planning
7 Commission, or in the event of the Planning Commission's
8 disapproval, the Council may, by favorable vote of not less than
9 two-thirds of its membership modify such plat and adopt the
10 modified plat."
11 Ms. Gonterman stated the Council did have the power and
12 urged them to modify the plat and approve only a portion of the
13 parcels at this time.
14 Ms. Reed asked the Council not to zone this property until
15 the road situation was worked out. She asked also that it not be
16 tabled but postponed if necessary.
17 Mr. Joe Roberts, 105 Lost Tree Drive, appeared before the
18 Council, stating he was not present to demonize Mr. Breland,
19 noting he did great work and that the Board had talked with him
20 and appreciated his hospitality in discussing the issues with
21 them. He stated Mr. Breland had said there would be no
22 construction traffic through Edgewater Drive during the
23 infrastructure phase. He stated, however, that after the streets
24 were put in, all the building materials for the houses would flow
25 through Edgewater Drive in the construction phase of the housing
26 development.
0047
1 Mr. Roberts stated that when they talked about rezoning,
2 this equated to opening Edgewater Drive, because once the
3 property was rezoned, the issue would never come back before the
4 Council. He stated the issue would then be placed in the
5 bureaucratic maze in the Planning Department and the residents of
6 Edgewater would not have an opportunity to put any pressure on
7 concerning this matter, noting their loyalty was to some urban
8 development code. He stated he had never detected any
9 sensitivity from the Planning Department toward the desires of
10 the Edgewater community. He stated that, therefore, if they lost
11 the rezoning issue at this time, it would be helpful to the
12 Council that they would be done with it but that for the
13 residents of Edgewater it would mean opening Edgewater Drive,
14 that it would be a hard fight to stop it after that. He stated
15 that if the Council did not rezone one parcel, they could
16 continue with the other development. He stated that one month to
17 work on this matter would not be significant. He stated the
18 developers had stated they did not have permission to cross the
19 wetlands but stated they knew that permission could be gained,
20 that they could cross the wetlands.
21 Mr. Roberts displayed a plat to the Council members.
22 Councilman Watson stated he wanted to help Mr. Roberts, so
23 he was going to correct what he was saying. He asked that
24 Mr. Roberts put his finger on the point where Edgewater went into
25 the area. He stated if the area facing him was part of the
26 rezoning, they could use that area to go into it also. He stated
0048
1 that to accomplish what Mr. Roberts was trying to accomplish,
2 they would have to block the last two sections. He inquired
3 where these would be on the plat. He stated he had just asked
4 Mr. Joffrion about this and that was what he had been advised.
5 Mr. Roberts stated they would still have the other area to
6 work on and that very shortly the matter could be resolved and
7 the rezoning done. He stated if they could not get across the
8 wetlands, they would have a residential area that was truly
9 isolated and they would have to then go through Edgewater Drive.
10 Mr. Roberts stated they had discussed the situation with
11 Intergraph and had been advised they would work with Mr. Breland
12 and Senator Enfinger to provide an emergency or a second entrance
13 into Dunlop Boulevard. He stated there were other ways to solve
14 the problem but that if the Council rezoned this at this time, it
15 would equate to opening Edgewater Drive, in his opinion.
16 Councilman Kling stated to Mr. Breland that it appeared he
17 had some fence-mending to do and inquired as to what he was
18 willing to do as far as working with the residents in the
19 Edgewater community. He stated that these persons had expressed
20 some concerns but he had not heard too much on Mr. Breland's side
21 as to how this thing could be worked out.
22 Mr. Breland stated that once the rezoning was done, they
23 would proceed with a master-planned community and that they would
24 work with the Planning Commission and with the residents. He
25 stated they were not aware of all the alternatives that would be
26 possible. He stated that Edgewater Drive was a collector street
0049
1 and noted that his property was only approximately 45 acres at
2 the end of Edgewater Drive. He stated there would be less than
3 100 homes that would be there and that their road would be more
4 convenient. He stated it was his understanding that an
5 industrial company could open the road at this time. He stated
6 that it was a public road, stubbed to the property.
7 Mr. Breland stated they had never told anyone they would not
8 sit down and work diligently with the Edgewater association once
9 they got the rezoning. He stated he had given Councilman Watson
10 his word he would do that. He stated that Councilman Watson had
11 leaned on him very hard concerning this matter and that he had
12 advised him they would look at alternatives. He stated that,
13 however, they needed for the zoning to be complete so they could
14 start master-planning the area. He stated they had to come back
15 before the Planning Commission and they had to address the road
16 business and stated that at that time they would do so.
17 Mr. Breland stated that earlier it had been stated that he
18 had attended an Edgewater meeting but noted he had never attended
19 such a meeting. He stated he had met with Mr. Roberts at his
20 office but that he had never been to one of the Edgewater
21 meetings. He stated they were not against anybody, that they
22 wanted to get along with everyone but they would not know the
23 alternatives until the zoning was complete.
24 Councilman Kling asked that Mr. Joffrion or someone from the
25 Planning Department explain if the rezoning were approved, if the
26 developers had to go to the Planning Commission to get their plan
0050
1 approved.
2 Mr. Joffrion replied in the affirmative.
3 Councilman Kling inquired as to how this worked and what
4 went on in the process and if it would come to the Council.
5 Mr. Joffrion stated the developers would propose the
6 development of the property and it would be submitted to the
7 Planning Commission. He stated there were several stages of
8 review at the Planning Commission level, preliminary plat
9 approval and final plat approval. He stated it was reviewed by
10 the Engineering Department, Traffic Engineering, and different
11 departments in the City that had some responsibility for input
12 into the process. He stated it was during this stage of review
13 by the Planning Commission that decisions were made about layouts
14 of roads, public infrastructure, utilities, et cetera.
15 Councilman Kling inquired as to whether these were public
16 forum settings, where the Planning Commission would take public
17 input.
18 Mr. Joffrion replied in the affirmative, stating they had a
19 public hearing on every subdivision submitted to them.
20 Councilman Kling stated that concerns had been raised about
21 construction trucks going through on Edgewater Drive. He
22 inquired as to whether the Council had the authority to modify
23 the truck ordinance to prohibit these type of trucks going
24 through that residential area.
25 Mr. Joffrion replied in the negative, stating, however, that
26 during the Planning Commission review process if there were a
0051
1 subdivision plat proposed, the Planning Commission could require
2 that a construction road or some alternative road be used during
3 the development of the infrastructure, so that the developed
4 right-of-way would not be used during the construction of the
5 infrastructure. He stated this was a requirement the Planning
6 Commission could impose on approval of the subdivision.
7 Mr. Breland stated that if they were to tie into
8 Edgewater at sometime in the future, they would agree not to make
9 a tie until all the road construction was 100 percent complete,
10 to make sure no construction would go through the area. He
11 stated there were many issues that would have to be worked out
12 before they could decide on this and reiterated that it would be
13 years in the future before they would ever even make it that far.
14 Councilman Kling stated he understood the subdivision
15 design, et cetera, went through the Planning Commission but asked
16 if there was any appeal from the Planning Commission to the
17 Council by a dissatisfied party.
18 Mr. Joffrion stated that there was not.
19 Ms. Monty Gonterman stated she begged to differ with
20 Mr. Breland, that she believed they could not separate
21 Mr. Breland from Senator Enfinger. She stated Mr. Breland may
22 not have visited their Board meeting sometime prior to introduce
23 them to the new subdivision but that Mr. Breland and Senator
24 Enfinger were one entity in the development and that when one
25 spoke, she would assume that person spoke for both of them. She
26 stated Senator Enfinger had come to their meeting and had shown
0052
1 some preliminary drawings and had told them he was going to tie
2 into Edgewater Drive. She stated that was the original intent,
3 the current intent, and the future intent. She stated
4 Mr. Breland simply wanted to get his zoning so he could proceed
5 with the building of the development. She stated they did not
6 wish to stop him but they did wish to stop at this time,
7 permanently, the opening of Edgewater Drive. She stated
8 Mr. Breland was not being completely fair to the residents when
9 he said he had no intent to open Edgewater Drive, because Senator
10 Enfinger had already shown them drawings showing this.
11 Mr. Grady Riley stated he and Mr. Roberts had met with
12 Senator Enfinger on the prior day and had shown him the exit as
13 an emergency exit back across the railroad to Dunlop Drive and
14 that he had explained to them this would cost several hundred
15 thousand dollars and it was not a good plan. He stated that,
16 secondly, the City Planning Department was doing their job by
17 going by the Codes of the City and their procedures in the past
18 and that they admitted this and that they were predisposed to
19 open Edgewater to give them a second entry. He stated they had
20 advised them this was their procedure. He stated Senator
21 Enfinger and Mr. Breland wanted this to happen and Mr. Breland
22 wanted to take this off the table and not discuss it with them.
23 He stated Mr. Breland would not negotiate this with them. He
24 stated Mr. Breland had advised them of this. He stated it just
25 was not going to happen.
26 Mr. Riley asked that the two parcels that Councilman Watson
0053
1 had mentioned not be tabled but be denied at this time, to allow
2 them additional time to work this matter out.
3 Ms. Sandra Steele appeared before the Council, stating she
4 was president and a principal of Enfinger Development. She
5 stated she would like to speak specifically to Ms. Gonterman's
6 comment earlier. She stated she was present at the meeting
7 initially with the homeowners association and that Mr. Breland
8 had not been present. She stated that they had taken a very
9 preliminary plat to this meeting, noting that in the development
10 process there were typically many, many development plans. She
11 stated that the one they had shown that night was a first draft,
12 that it was what was referred to in the industry as a "sketch
13 plat." She stated that at this point they had probably had 15
14 different iterations. She stated there were many things that had
15 to be considered in regard to the land and the wetlands and all
16 the other things that would go into creating the kind of
17 development Edgewater was and the other developments they had
18 developed and continued to develop were also. She stated she
19 would like to say on behalf of their companies that they were
20 just citizens like all the rest of the persons present, noting
21 that she made her living and her employees made their living by
22 developing communities and that they loved to develop communities
23 as neighborhoods.
24 Ms. Steele stated Edgewater was a beautiful community, as
25 were the other communities they had developed that had streets
26 that connected. She stated they were talking about people like
0054
1 them who were going to live next door to them. She stated that
2 beautiful developments were for all people, not just for people
3 in the Edgewater community, and that they planned to build a
4 beautiful community next door to Edgewater.
5 Ms. Steele stated they were present at this time to ask for
6 rezoning of the property from Planned Industrial to Residential,
7 noting this would be a like community to that of Edgewater. She
8 requested the Council's cooperation in this regard.
9 Mr. Glenn Davis again appeared before the Council, stating
10 he was Vice President of the Edgewater Owners Association. He
11 stated there seemed to have been some confusion over the meeting.
12
13 He stated that, specifically, the visitors to that meeting were
14 Councilman Glenn Watson, Senator Enfinger, and a representative
15 of Mr. Breland. He stated Mr. Breland's representative was
16 identified as a former member of the Planning Commission. He
17 stated Mr. Breland's representative had said "Opening Edgewater
18 Drive is a done deal," that it had been through the Planning
19 Commission and decided.
20 Mr. Bill Line appeared before the Council, stating he was
21 the legal Council for the Edgewater Homeowners Association. He
22 stated he had had the opportunity to be involved with the
23 developer and the opposing counsel and stated he would like to
24 make the Council aware of some other actions the Homeowners
25 Association had taken to bring the matter to this point. He
26 stated there had been a petition to vacate a portion of Edgewater
27 Drive from the last street that was a feeder street into
0055
1 Edgewater Drive some 60 feet from the cul-de-sac, to vacate this
2 right of way, making it an ownership by the Edgewater Owners
3 Association. He stated they had granted back an easement to the
4 city for ingress/egress for all emergency vehicles and had also
5 granted back an easement for utility, drainage, sewer, and
6 stormwater drainage. He stated these documents were in the hands
7 of Councilman Watson. He stated this had all been presented to
8 the Planning Commission and the Planning Commission had, without
9 recommendation, forwarded this to the Council. He stated this
10 was not on the agenda of this meeting. He stated that in that
11 type action, the Council, if it so chose, could meet both
12 parties' requirements. He stated the developers had asked for
13 approval of the rezoning and noted the Association and the
14 residents were not opposed to a planned community next to it. He
15 stated that, knowing the developers, it would be a development
16 that would be equal to Edgewater. He stated the Council could go
17 ahead and grant the zoning in all phases but they could also
18 bring before the Council an action to vacate the portion of the
19 right-of-way and convey it to the Homeowners Association, ending
20 any possibility of making Edgewater a through drive.
21 Mr. Pate stated he had been favored with only one piece of
22 paper concerning a potential vacation of a portion of the road,
23 stating this was one he had discussed with Mr. Joffrion and that
24 it was signed by some representative on behalf of the Homeowners
25 Association. He stated he understood this would not be on the
26 agenda at this time because of some legal defects and
0056
1 irregularities in it. He stated this was something that should
2 not and could not be considered at this time, noting it was not
3 on the agenda and that it was not involved with the rezoning.
4 Mr. Joffrion stated that the item was not on the agenda. He
5 stated the paperwork had been submitted and it could be
6 introduced but could not be acted upon at this time. He stated
7 that to vacate the right-of-way currently, without there being
8 some other ingress and egress to the tract, would be to landlock
9 the property. He stated that currently, at least, it would
10 require the signatures of the adjoining owners.
11 Mr. Joe Markley, 103 Compass Point Drive, appeared before
12 the Council, stating that if Mr. Breland did not have any
13 intention of connecting to Edgewater Drive why would he not just
14 go ahead and sign it and get it over with and let the residents
15 move on with their lives. He stated Mr. Breland clearly had the
16 intention of connecting, whether it would be two years, three
17 years, or five years down the road. He stated that if the
18 Council rezoned this property at this time, they were pretty much
19 taking the matter out of the Edgewater residents' hands.
20 Councilman Watson indicated parcels on the view-graph and
21 stated that if action were stopped on one tract and another tract
22 were passed, access into Edgewater Drive would still be required.
23
24 He stated that the only way to accomplish what the persons in his
25 district were attempting to accomplish was to block the two
26 parcels which he indicated and pass everything else. He stated
27 the reason this might make sense was because if a tract he was
0057
1 indicating was being done, there was a road that there should not
2 be a problem in getting to and going out. He stated that would
3 be the second out, and indicated a way that one could come in and
4 go across and go out, as opposed to having so many of his
5 constituents upset. He stated he felt the Council had to make a
6 decision whether to pass the rezoning for the whole thing or to
7 pass it for three parcels and not the other two and to table
8 those until some negotiations could take place.
9 Councilman Watson moved to pass Neighborhood Business C-1
10 District zoning, Residence 2B zoning, and Residence 2 District
11 zoning, and to table Residence 2A District zoning and Residence 2
12 District zoning.
13 Mr. Joffrion stated that in order to accomplish what
14 Councilman Watson was attempting to accomplish they would need to
15 get clarification from the Planning Department to make sure they
16 had the correctly described parcels and then there should be a
17 motion to amend the ordinance to delete the two specific parcels.
18 Councilman's Watson's motion died for lack of a second.
19 Councilman Watson stated if there were not support from the
20 Council to do this, there would not be support for anything. He
21 stated that from what he gathered before he came down, he had
22 assumed that the votes were not going to be with him.
23 President Russell stated that there would be a five-minute
24 recess.
25 (Recess taken.)
26 President Russell reconvened the meeting.
0058
1 Councilman Watson moved to postpone consideration of
2 Ordinance No. 03-953 until the next regular meeting of the
3 Council, stating this would provide some time to come up with
4 some type of mediation between the residents and the developers.
5 Said motion was duly seconded by Councilman Kling.
6 President Russell called for the vote on the motion to
7 postpone, and the following vote resulted:
8 AYES: Watson, Kling, Russell
9 NAYS: Moon
10 ABSENT: Showers
11 President Russell stated the motion had carried.
12 Councilman Kling stated he would like to comment on this
13 issue. He stated the City had made a commitment toward a new
14 high school in that area, under the TIF-3 plan. He stated that
15 earlier in the day, there had been a breakfast meeting at the
16 School Board and they had heard about some very serious financial
17 problems of the school system. He stated one of the things the
18 City had been looking at was the fact that more students would
19 come into Huntsville. He stated the number of students in the
20 school system were approximately 22 or 23 thousand. He stated in
21 the mid '80s when he had been on the school board, this number
22 had been closer to 35,000. He stated that for every student in
23 the school system the State gave approximately $3500. He stated
24 there was an economic investment and that obviously they wanted
25 to see Huntsville continue to grow and prosper.
26 Councilman Kling stated that in the past he had seen
0059
1 developments Mr. Enfinger had brought before the community. He
2 stated that Hampton Cove at one time had much opposition and
3 there was a lot of controversy about it but it had certainly
4 turned out to be a godsend to the community. He stated that if
5 it were not for the growth in Hampton Cove, Huntsville would have
6 probably had years where there was no growth.
7 Councilman Kling stated he was hopeful they could get
8 something worked out concerning this matter, noting he understood
9 the concerns of the residents. He stated that in his own
10 district there had been numerous neighborhood concerns and stated
11 that sometimes other Council members had helped in dealing with
12 these neighborhood concerns and that sometimes, unfortunately,
13 they had not. He stated he was hopeful something could be worked
14 out but stated he felt in some shape or form they were going to
15 see this development take place. He stated it was nice to see
16 things going from Industrial to Single-Family Residence. He
17 stated in the district he represented, they had a problem with
18 things going too much toward multi-family housing and commercial
19 zoning impacting residential areas. He stated he hoped when this
20 matter was completed, it would be something they could all be
21 proud of. He stated he felt there was no doubt this development
22 would take place but that it was just a mater of seeing what
23 could be worked out in a way that would be compatible with the
24 Edgewater neighborhood. He stated they wanted to see growth take
25 place in Huntsville in the western area and that hopefully it
26 would work out so that everyone could look back and see that the
0060
1 whole thing came together and it was a good process. He stated
2 the Edgewater development was certainly a beautiful development
3 and he felt the new development would also be a credit to the
4 community and something they would point to with pride. He
5 stated that hopefully everyone would work together on this
6 matter.
7 Councilman Watson indicated on the view-graph a private road
8 in the area and stated it could easily be said that the
9 development of two parcels which he indicated could not go out
10 that way. He stated Mr. Roberts had spoken to Intergraph and
11 that Intergraph was a business in the community that wanted to
12 keep 1,000 people happy. He stated it appeared to him that if
13 there was a road going out that way and another one going out to
14 Zierdt Road, that would be two entrances and two exits and stated
15 that if the only reason they couldn't go out that way would be
16 because Intergraph had said they didn't want them to use that
17 property, then that would be a time when they would lose this
18 because the Council wanted this new development to happen, that
19 they wanted the area rezoned. He stated the issue was going to
20 be if they could get permission to use that road from the new
21 development. He stated if they could, there would not be a real
22 strong reason to want to go through Edgewater. He stated they
23 could put the emergency block there so that if a fire truck or
24 such wanted to go through that way, it would be fine but it would
25 not be a road.
26 Mr. Roberts stated that in addition to the areas that
0061
1 Councilman Watson was showing, Mr. Enfinger and Mr. Breland had
2 purchased a parcel of land that went west along the road that was
3 marked Residence 2 District over to the railroad tracks.
4 Councilman Watson stated they would not open a residential
5 area into a commercial area. He stated that if an area he
6 indicated on the view-graph stayed industrial, they would never
7 open another area he indicated into an industrial area.
8 Mr. Roberts stated that would not be the primary entrance,
9 that this would be an emergency entrance which the Planning
10 Department sought. He stated it would not be a boulevard, that
11 it would be strictly an emergency entrance that would come along
12 on the Enfinger/Breland property. He stated that is what they
13 had spoken with Mr. Enfinger about on the prior day. He stated
14 that was a possible second entrance for emergency vehicles.
15 President Russell stated the Council needed to continue on
16 with the meeting.
17 President Russell stated it was the time and place in the
18 meeting for a public hearing on Ordinance No. 03-955, concerning
19 the zoning of newly annexed land lying generally along the
20 railroad tracks east of Higdon Road to the east side of Chase
21 Industrial Park to Research Park District, which was set at the
22 November 13, 2003, regular Council meeting.
23 Ms. Linda Allen stated that this item concerned the zoning
24 of newly annexed land, noting it was approximately 20 acres owned
25 by the North Alabama Railroad Museum. She stated it was a small
26 tract of approximately 2.5 acres where they had their depot and
0062
1 work areas and that the rest of it consisted of the railway
2 right-of-way they owned. She stated the proposal was to zone it
3 to Research Park District.
4 President Russell inquired as to whether there was anyone in
5 the audience who wished to speak concerning this matter.
6 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
7 Council, stating he had not heard clearly what the rezoning was
8 to be and asked that this be repeated.
9 Ms. Allen stated the property was unzoned at this time and
10 was to be zoned to Research Park District.
11 Mr. Timberlake stated he was opposed to this because he felt
12 the land needed to remain as use for the railroad. He stated the
13 railroads were the backbone of the nation and that posterity
14 needed to remember how things had progressed over the years. He
15 stated that, unfortunately, Huntsville did not have a lot of
16 these aesthetic qualities, as they had been doing away with some
17 of their historical landmarks. He stated if it was zoned as
18 Industrial Park, there would not be control of the aesthetics in
19 the area. He stated this was located in an area below the
20 mountain which gave it a pristine look. He stated he felt an
21 industrial park could become an eyesore over the years, in the
22 short span of time it could be used as an industrial park. He
23 stated there were two problems: That it could languish out there
24 for a considerable amount of time before the necessary industries
25 would come in and make proper utilization of it, and that after
26 the use and various industries had decided they needed to move
0063
1 on, as had been the history of these industries, doing business
2 in foreign countries, that they would lose more than they were
3 gaining.
4 Mr. Timberlake stated he would like to hear from the
5 Planning Commission if this had been talked about, and if so, how
6 much they were going to gain from this and if they were getting
7 any guarantees whatsoever that the industrial organizations that
8 were moving into the area intended to stay, and if not, what
9 would they compensate the City if they decided to leave.
10 Ms. Jackie Reed appeared before the Council, asking if
11 property were zoned to Research Park District, it would stay this
12 way or be changed over the years. She inquired as to whether
13 they had a plan when zoning was changed. She asked if it was
14 correct that the property was being annexed.
15 Ms. Allen stated the property had been annexed.
16 Ms. Reed inquired as to how many acres were involved.
17 Ms. Allen stated the land where the depot was was
18 approximately 2.6 acres and the rest of the acreage was in
19 railroad track right-of-way, which she stated varied from 50 to
20 100 feet wide, along the railroad track. She stated it was an
21 old, 19th century railroad which had been sold to the North
22 Alabama Railroad Museum, which operated as a museum and an
23 educational facility to preserve old-time railroading.
24 Councilman Kling asked if the railroad organization was
25 working in support of this or if they were opposed to it.
26 Ms. Allen stated that earlier in the year a lot of land was
0064
1 annexed in the Chase area for Alabama A&M University. She stated
2 that this property ran through there and because that was annexed
3 it seemed logical to go ahead and annex this also. She stated
4 they were in favor of this, that they had petitioned to be
5 annexed, and that it had been done.
6 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
7 Council, stating he was a member of the North Alabama Railroad
8 Museum and a former Board member and that perhaps he could
9 clarify a little bit about what they were talking about at this
10 time. He stated this was a nonprofit organization and there were
11 no paid employees, that everyone was a volunteer, that they were
12 just people who loved railroading. He stated that when the
13 adjacent area that belonged to Alabama A&M was annexed, the
14 Railroad Museum Board had asked that the City also annex them.
15 He stated the railroad had always been within the city from
16 Higdon Road down to Meridian Street, just north of Alabama A&M,
17 where the track ended at the location of the old depot that
18 served the students at Alabama A&M University. He stated that
19 from there it went eastward out to the county. He stated that
20 the land consisted primarily of just the right-of-way on which
21 the track had been built. He stated they ran a train over five
22 miles of track there and that on the past couple of weekends they
23 had had their Santa Train where they had ridden a lot of kids.
24 He stated they had the smallest Union Depot in the country, the
25 depot at Chase that was built by the Chase family when the Chase
26 Nursery was founded. He stated they had also recently purchased
0065
1 the commissary that the Chase Nursery used for many years,
2 stating it was like a company town, that they had their own
3 store. He stated they had also purchased the building that
4 housed the Chase Nursery offices. He stated the land was made up
5 of those properties plus the parking lot, and the other was just
6 the track. He stated they still had track that was not in the
7 city limits also. He stated that all the Council members were
8 invited to come out and ride the train.
9 Mr. Timberlake stated he was a bit perplexed by this
10 request. He stated he was told they had bought this land from an
11 educational institution and it was going to be utilized as part
12 of an educational enhancement, so to speak, but they were doing
13 it for industrial. He asked the Council to explain to him how
14 they would glean any benefits educationally from zoning this
15 Industrial, giving this to a nonprofit to start some business out
16 there. He stated that basically what he was getting from what
17 the Planning Commission was saying was that part of the reason
18 they went along with this was not for industrial sake but for
19 educational sake. He stated this seemed to him to be a bait and
20 switch. He stated this was something he hoped the Council would
21 clear up before they made a decision on this, noting that once
22 they made the decision it would be tough to change it.
23 Councilman Kling moved for approval of Ordinance No. 03-955,
24 concerning the zoning of newly annexed land lying generally along
25 the railroad tracks, east of Higdon Road to the east side of
26 Chase Industrial Park, to Research Park District, which was
0066
1 introduced at the November 13, 2003, regular Council meeting, as
2 follows:
3 (ORDINANCE NO. 03-955)
4 Said motion was duly seconded by Councilwoman Moon.
5 President Russell stated Councilman Watson had left the
6 meeting.
7 President Russell called for the vote on the above motion,
8 and it was unanimously adopted.
9 President Russell stated it was the time and place in the
10 meeting for a public hearing on Ordinance No. 03-957, concerning
11 the zoning of newly annexed land lying generally on the south
12 side of U.S. Highway 72 West and west of County Line Road to
13 Highway Business C-4 District, which hearing was set at the
14 November 13, 2003, regular Council meeting.
15 Ms. Allen stated the above property was approximately 11.5
16 acres of vacant land on the south side of Highway 72, in
17 Limestone County. She stated the proposed zoning was Highway
18 Business C-4 District, which she stated was consistent with the
19 adjacent property.
20 President Russell inquired as to whether there was anyone in
21 the audience who wished to speak concerning this matter.
22 There was no response.
23 President Russell moved for approval of Ordinance
24 No. 03-957, concerning the zoning of newly annexed land lying
25 generally on the south side of U.S. Highway 72 West and west of
26 County Line Road to Highway Business C-4 District, which was
0067
1 introduced at the November 13, 2003, regular Council meeting, as
2 follows:
3 (ORDINANCE NO. 03-957)
4 Said motion was duly seconded by Councilman Kling.
5 President Russell called for the vote on the above
6 ordinance, and it was unanimously adopted.
7 President Russell stated the next item on the agenda was
8 Communications from the Public.
9 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
10 Council, stating he had been having trouble obtaining records so
11 he could make sure he understood the proper working and function
12 of his city government. He stated that in particular he had
13 sought records dealing with how to get items on the agenda for
14 the Council to hear and stated he was yet to get these documents.
15
16 He stated he was hoping the Council would see that this was done.
17 Mr. Timberlake stated that the prior day he had gone to the
18 Community Development office to secure records dealing with some
19 grants. He stated he had given them as much information as he
20 knew about the grants and stated that at that time he was advised
21 he could not access this information under the Alabama law, that
22 it would have to be accessed under the Federal law. He asked
23 that the Council advise him if he did or did not have the right
24 to request public documents which were in the control of
25 custodians of the City if he asked for them under the Alabama
26 law. He stated he did not know if anyone knew what the Alabama
27 law was in reference to the public's right to access and copy
0068
1 public documents. He stated this was the law he had been
2 requesting this information under and stated he had made it
3 clear. He stated that in fact someone had tried to help him
4 clarify it more and that Mr. Galloway of Community Development
5 had clearly stated, in no uncertain terms, that Mr. Timberlake
6 had to ask for the information under the Freedom of Information
7 Act of the Federal statute.
8 Mr. Timberlake stated he was a citizen of Huntsville and a
9 citizen of Alabama and stated he did not feel he had to be told
10 by Mr. Galloway which rule he should access under.
11 President Russell stated Mr. Timberlake's time had expired
12 and asked if Mr. Joffrion would like to address Mr. Timberlake's
13 questions.
14 Mr. Joffrion stated that periodically Mr. Timberlake showed
15 up requesting records and stated they had been very clear in the
16 past that he had to be very specific about the records he was
17 requesting and that if they were public records, he was entitled
18 to a copy of them. He stated Mr. Timberlake did have to make the
19 request in writing and be specific about the records he was
20 requesting. He stated that in the past they had had some
21 difficulty getting specificity from Mr. Timberlake with regard to
22 the records. He stated if Mr. Timberlake would be very specific
23 about the records, there would not be any problem.
24 Mr. Galloway stated Mr. Timberlake had come to his office on
25 the prior Monday and asked for some documents on Legal Aid, which
26 was a federally funded program. He stated Mr. Timberlake had
0069
1 been advised by his staff they would give him those records but
2 in accordance with the Federal Freedom of Information Act, if he
3 would put it in writing, because there was confidential
4 information in part of the records. He stated Mr. Timberlake had
5 asked why they could not respond under the State law, and he had
6 stated his office had been advised this was Federal money and
7 they had to respond under the Federal Freedom of Information Act.
8
9 Mr. Galloway stated he had accessed a document off the
10 internet, off the Alabama archives, under "Records and
11 Documents," and he stated the title of it was "Public Officials:
12 Your Record Responsibilities and the Law." He stated this was a
13 publication of the Alabama Department of Archives and History,
14 approved by the State and Local Government Records Commission.
15 He stated this was a seven-page document and he would not read
16 all of it but he did want to quote one sentence out of it, on
17 page 4.7. He stated he would provide Mr. Timberlake a copy of
18 this. He read as follows: "It should be noted here that the
19 State of Alabama has no privacy act and that the Federal privacy
20 laws do not apply to public records of the State of Alabama,
21 except for those records created with the support of federal
22 funds and mandated by specific federal mandates." He stated
23 this was the mandate they were operating under, noting that all
24 of their records were funded through federal money. He stated
25 his office would be more than glad to provide Mr. Timberlake with
26 data if he would follow the Federal Freedom of Information Act
27 and put it in writing and be specific. He stated there were, of
0070
1 course, confidential records that his office could not provide,
2 under the Federal Privacy Act.
3 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
4 Council, expressing appreciation to the Council for allowing all
5 the public input previously in the meeting, with great patience.
6 She stated she felt the meeting had gone well.
7 Ms. Reed expressed appreciation to the Mayor and the Council
8 and whomever had put all the play equipment on California Street.
9 Ms. Reed stated she appreciated the Council postponing the
10 decision concerning the Edgewater neighborhood.
11 Ms. Reed stated that the Summit building was always on her
12 mind, noting that 99 years was a long, long time.
13 Councilman Kling stated he had been presented a letter he
14 would like to have put in the record at this time.
15 (LETTER FROM A CITIZEN PRESENTED BY COUNCILMAN KLING.)
16 President Russell stated he would like to take items 15.g
17 and 15.h out of order.
18 Councilman Kling read and introduced a resolution
19 authorizing the Mayor to enter into a contract with Schnieder &
20 Associates for the design of five (5) soccer fields and three (3)
21 associated buildings, two (2) restrooms and one (1) multi-purpose
22 building for concessions, storage, restrooms, and meeting room at
23 Merrimack Park, as follows:
24 (RESOLUTION NO. 03-1110)
25 Councilman Kling moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon.
0071
1 Mayor Spencer stated this item concerned an investment the
2 City had made in Merrimack Park, located on Triana Boulevard, at
3 existing soccer fields. She stated that thanks to the Council's
4 support of the one percent lodging tax the prior May, they were
5 able to go forward with design and completion of the park, which
6 had been lacking in a big way. She stated this would also help
7 the city to continue to bring tournaments to the city.
8 President Russell called for the vote on the above
9 resolution, and it was unanimously adopted.
10 Councilwoman Moon read and introduced a resolution
11 authorizing the Mayor to enter into a contract with Blalock
12 Design Associates for the facility and landscape design of a
13 tennis center for the City of Huntsville at John Hunt Park,
14 including building an office and thirty-one (31) courts total,
15 25 clay and 6 hard courts, with one of the clay courts to be for
16 tournament play, as follows:
17 (RESOLUTION NO. 03-1111)
18 Councilwoman Moon moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling.
20 Mayor Spencer stated this item was based upon the same
21 revenue stream. She stated the Tennis Association had provided
22 statistics to the Council members as to the number of events they
23 would be able to bring in with this support from the City. She
24 commended the Recreation & Landscape Management Department for
25 working to complete both of these projects.
26 President Russell called for the vote on the above
0072
1 resolution, and it was unanimously adopted.
2 Councilwoman Moon asked that item 15.k be taken out of order
3 at this time.
4 President Russell read and introduced an ordinance
5 consenting to the location of proposed facilities in the City of
6 Huntsville by the Special Care Facility Financing Authority of
7 the City of Moulton, as follows:
8 (ORDINANCE NO. 03-1112)
9 President Russell moved for approval of the foregoing
10 ordinance, which motion was duly seconded by Councilwoman Moon,
11 and was unanimously adopted.
12 President Russell stated the next item on the agenda was
13 Board Appointments to be Voted On.
14 President Russell read and introduced a resolution to
15 appoint Jeff Sikes to the Huntsville-Madison County Airport
16 Authority, for a partial term to expire October 23, 2005, as
17 follows:
18 (RESOLUTION NO. 03-1113)
19 President Russell moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 President Russell stated the next item on the agenda was
23 Approval of Expenditures.
24 Councilman Kling read and introduced a resolution
25 authorizing the expenditures for payments, as follows:
26 (RESOLUTION NO. 03-1114)
0073
1 Councilman Kling moved for approval of the foregoing
2 resolution, which motion was duly seconded by President Russell,
3 and was unanimously adopted.
4 President Russell stated the next item on the agenda was
5 Communications from the Mayor.
6 Mayor Spencer stated City employees had been assisting in
7 delivering packages for Christmas Charities and stated that
8 without this assistance Christmas Charities would not have been
9 able to make all these deliveries. She stated she was proud of
10 the department heads working with them and the employees who had
11 assisted in this endeavor.
12 President Russell stated the next item on the agenda was
13 Communications from Council Members.
14 Councilwoman Moon read a note from Ms. Becky Pearce
15 expressing appreciation to the Council for all they had done and
16 would do for the city.
17 Councilman Kling stated there had been some discussion
18 earlier in the meeting about the Freedom of Information Act and
19 stated he was aware there were rules and guidelines the City
20 departments had to follow. He stated that as far as the City
21 providing information to the public, he hoped it would be that
22 they would have the approach of trying to be as proactive as they
23 could, given the limitations of the law.
24 President Russell stated he had enjoyed meeting with the SGA
25 at Lee High School, stating they were fine student leaders and
26 were doing a great job.
0074
1 President Russell stated he had also enjoyed his visit to
2 the Galaxy of Lights at the Botanical Gardens.
3 President Russell stated that road projects continued to be
4 of concern to him, noting that the Eastern Bypass and the Drake
5 and Whitesburg intersection were at the top of his list.
6 President Russell thanked Ms. Goldsmith for the donation of
7 land to the City, noting that the City certainly appreciated
8 this.
9 President Russell stated the next item on the agenda was
10 Unfinished Business Items For Action.
11 Councilwoman Moon moved for approval of Ordinance
12 No. 03-1063, amending Chapter 18, Article II, Section 18-36 of
13 the Code of Ordinances of the City of Huntsville, Alabama, which
14 was introduced at the December 4, 2003, Council meeting, as
15 follows:
16 (ORDINANCE NO. 03-1063)
17 Said motion was duly seconded by President Russell.
18 Mr. Joffrion stated this was the amendment to the ordinance
19 that would allow the sale of alcohol on the public sidewalks for
20 properly licensed businesses that derived more than 50 percent of
21 their revenue from the sale of food.
22 President Russell called for the vote on the above
23 ordinance, and it was unanimously adopted.
24 President Russell moved for approval of Ordinance
25 No. 03-1064, amending the Development Agreement between the City
26 of Huntsville and Progress Park Partners, LLC, which was
0075
1 introduced at the December 4, 2003, Council meeting, as follows:
2 (ORDINANCE NO. 03-1064)
3 Said motion was duly seconded by Councilman Kling.
4 Mr. Joffrion stated this concerned property on I-565 and
5 stated it was a joint development agreement to encourage more
6 industrial development in this area.
7 President Russell called for the vote on the above
8 ordinance, and it was unanimously adopted.
9 President Russell moved for approval of Ordinance
10 No. 03-1065, amending the fees for services provided by the
11 Animal Services Department, which was introduced at the
12 December 4, 2003, Council meeting, as follows:
13 (ORDINANCE NO. 03-1065)
14 Said motion was duly seconded by Councilwoman Moon, and was
15 unanimously adopted.
16 President Russell stated the next item on the agenda was New
17 Business Items for Consideration or Action.
18 President Russell stated that item 15.e had been deleted.
19 President Russell read and introduced a resolution
20 authorizing the Mayor to enter into an amendment to the agreement
21 between the City of Huntsville and AAA Ballpark Food for the
22 lease of concession stands at the City of Huntsville Metro
23 Sportsplex and John Hunt Park, as follows:
24 (RESOLUTION NO. 03-1115)
25 President Russell moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0076
1 and was unanimously adopted.
2 President Russell read and introduced a resolution
3 authorizing the Mayor to enter into an agreement with the
4 Huntsville Housing Authority for the provision of alternate
5 police services, as follows:
6 (RESOLUTION NO. 03-1116)
7 President Russell moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Kling,
9 and was unanimously adopted.
10 President Russell read and introduced a resolution
11 authorizing the Mayor to enter into an Agreement between the City
12 of Huntsville and the U.S. Space & Rocket Center Foundation for
13 the restoration of the Saturn V Rocket, as follows:
14 (RESOLUTION NO. 03-1117)
15 President Russell moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling,
17 and was unanimously adopted.
18 President Russell read and introduced a resolution
19 authorizing the acceptance of donations to the Huntsville Police
20 Department from Clay Warmbrod, donation of three (3) vehicle
21 bicycle carriers, valued at approximately $135 for the HPD Bike
22 Unit; donations to Animal Services in the amount of $10 from the
23 Bassett Hound Rescue Association, donation of $62 from Harry
24 Bartel, donation of $500 from the Cosmopolitan Club, and donation
25 of $100 from Bethel Bradford, University Fitness Center, for care
26 of animals, as follows:
0077
1 (RESOLUTION NO. 03-1118)
2 President Russell moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 President Russell read and introduced an ordinance to amend
6 Budget Ordinance No. 03-785, adopted and approved on
7 September 30, 2003, by changing appropriated funding and the
8 authorized personnel strength within various departments, as
9 follows:
10 (ORDINANCE NO. 03-1119)
11 President Russell moved for approval of the foregoing
12 ordinance, which motion was duly seconded by Councilman Kling,
13 and was unanimously adopted.
14 President Russell read and introduced a resolution
15 authorizing the Mayor to enter agreements with the low bidders
16 meeting specifications as outlined in the attached Summary of
17 Bids for Acceptance, as follows:
18 (RESOLUTION NO. 03-1120)
19 President Russell moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 President Russell read and introduced a resolution
23 authorizing the Mayor to enter into an agreement between the City
24 of Huntsville and English Springer Rescue American, Inc., as
25 follows:
26 (RESOLUTION NO. 03-1121)
0078
1 President Russell moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 President Russell read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with the Alabama
6 Historical Commission for acceptance of additional grant funds
7 for development of design guidelines for the Huntsville Historic
8 Districts, as follows:
9 (RESOLUTION NO. 03-1122)
10 President Russell moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 President Russell read and introduced a resolution
14 authorizing the Mayor to amend the contract with Christopher
15 Plumbing & Electric, Inc., for East Limestone County Pump
16 Station, Project No. 65-01-SS05, by Change Order No. 1, as
17 follows:
18 (RESOLUTION NO. 03-1123)
19 President Russell moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 President Russell read and introduced a resolution
23 authorizing the Mayor to enter into an agreement with
24 APAC-Southeast, Inc., for Oakwood Avenue & Meridian Street
25 Intersection Improvements, Project No. 65-02-TI10, as follows:
26 (RESOLUTION NO. 03-1124)
0079
1 President Russell moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 President Russell read and introduced a resolution
5 authorizing the Mayor to enter into a lease agreement with the
6 Huntsville-Madison County Convention & Visitors Bureau, as
7 follows:
8 (RESOLUTION NO. 03-1125)
9 President Russell moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling,
11 and was unanimously adopted.
12 President Russell read and introduced a resolution
13 authorizing the Mayor to certify to the Judge of Probate this
14 resolution concerning the deannexation of a tract lying east of
15 Jordan Road and along the Flint River, as follows:
16 (RESOLUTION NO. 03-1126)
17 President Russell moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 President Russell read and introduced a resolution
21 authorizing the Mayor to enter into a contract with the Board of
22 Trustees of the University of Alabama for and on behalf of the
23 University of Alabama in Huntsville for the use of the Metro
24 SportsPlex, as follows:
25 (RESOLUTION NO. 03-1127)
26 President Russell moved for approval of the foregoing
0080
1 resolution, which motion was duly seconded by Councilman Kling.
2 President Russell asked Mr. Ralph Stone for an explanation
3 of the above resolution.
4 Mr. Stone stated this concerned a contract between his
5 department and UAH, for their softball program. He stated these
6 games were played at the Metro Kiwanis SportsPlex and this was
7 the agreement concerning this.
8 President Russell called for the vote on the above
9 resolution, and it was unanimously adopted.
10 Councilwoman Moon read and introduced a resolution
11 authorizing the Mayor to enter into an Agreement between the City
12 of Huntsville and the Alabama Department of Economic Development
13 for Huntsville-Madison County Strategic Counterdrug Team Grant
14 (STACL), as follows:
15 (RESOLUTION NO. 03-1128)
16 Councilwoman Moon moved for approval of the foregoing
17 resolution, which motion was duly seconded by President Russell.
18 Chief Owens stated this concerned funding administered from
19 the Bureau of Justice through the Alabama Department of Economic
20 and Community Affairs, Law Enforcement and Traffic Safety Branch,
21 to fund the operation of the Strategic Counterdrug Initiative in
22 the community. He stated this was a collaboration between the
23 Huntsville Police Department, the Madison County Sheriff's
24 Department, Morgan County, local DEA agents, and other law-
25 enforcement agencies, consisting of a group of about 20 at this
26 time who were working together to take mid- to high-level drug
0081
1 dealers off the street.
2 President Russell called for the vote on the above
3 resolution, and it was unanimously adopted.
4 President Russell read and introduced a resolution
5 authorizing the Mayor to execute Change Order No. 6 to the
6 contract with Lee Builders, Inc., for offices and transfer
7 station for Huntsville Parking and Transit, approved and executed
8 by the City Council of the City of Huntsville, Alabama, on
9 September 12, 2002, as follows:
10 (RESOLUTION NO. 03-1129)
11 President Russell moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon.
13 Mr. Bruce Taylor stated this concerned a change order for
14 the offices and transfer station for the Department of Parking
15 and Transportation, in the amount of $37,139.34. He stated that
16 $27,000 of this was for modification to the lighting plan as it
17 related to the parking underneath the interstate. He stated this
18 plan had to be modified as per the State's approval and this had
19 required a redesign. He stated the main motivation of this was
20 the fact that they were concerned about the way the attachment of
21 the lighting would have been to the interstate.
22 President Russell called for the vote on the above
23 resolution, and it was unanimously adopted.
24 President Russell read and introduced a resolution
25 authorizing the Mayor to grant a Revocable License to
26 establishments allowing service of alcoholic beverages at
0082
1 sidewalk tables, as follows:
2 (RESOLUTION NO. 03-1130)
3 President Russell moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon.
5 Mr. Joffrion stated this was a blanket agreement to be used
6 in instances where a premises was licensed to sell alcohol on the
7 public sidewalks and the form was being requested for approval.
8 President Russell called for the vote on the above
9 resolution, and it was unanimously adopted.
10 President Russell stated the next item on the agenda was
11 Legal Department Items/Transactions. He stated 16.b.1.a and
12 16.b.1.b had been deleted.
13 Councilman Kling read and introduced an ordinance to vacate
14 a 15-foot Utility and Drainage Easement between two lots,
15 Tract 1, Kohler Subdivision, Plat Book 2, Page 122, (14210 and
16 14212 Cochran Road; Kohler Co.), as follows:
17 (ORDINANCE NO. 03-1131)
18 Councilman Kling moved for approval of the foregoing
19 ordinance, which motion was duly seconded by President Russell,
20 and was unanimously adopted.
21 Councilman Kling read and introduced an ordinance to vacate
22 two 5-foot Utility and Drainage Easements located at 1400 Bailey
23 Cove Road (McClain; Weatherly Plaza), as follows:
24 (ORDINANCE NO. 03-1132)
25 Councilman Kling moved for approval of the foregoing
26 ordinance, which motion was duly seconded by President Russell,
0083
1 and was unanimously adopted.
2 President Russell moved for unanimous consent to consider an
3 item not on the agenda, which motion was duly seconded by
4 Councilwoman Moon, and the following vote resulted:
5 AYES: Moon, Kling, Russell
6 NAYS: None
7 ABSENT: Showers, Watson
8 President Russell moved for acceptance of a deed granting to
9 the City of Huntsville Lot 25, Block 4, Potter's Mill, Phase 2,
10 which motion was duly seconded by Councilwoman Moon, and was
11 unanimously approved.
12 President Russell inquired as to whether there were any
13 non-roster communications from the public.
14 There was no response.
15 Upon motion, duly seconded, it was voted to adjourn.
16
17
18
19 _____________________________
20 PRESIDENT OF THE CITY COUNCIL
21
22 ATTEST:
23
24
25
26 ______________________________
27 CITY CLERK-TREASURER
28
29
30