1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD JULY 22, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on July 22, 2004, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Russell
9 Councilpersons: Moon, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Russell called the meeting to order. Rev. John
16 Long, Director of Missions, Madison Baptist Association, led the
17 invocation; Councilwoman Moon led the pledge of allegiance.
18 President Russell recognized Rev. Long.
19 Rev. John Long appeared before the Council, expressing
20 appreciation to the Council for the City's work with
21 World Changers the prior week. He stated that many residents of
22 Madison County worked with the workers from World Changers and
23 that they had done various repairs on several homes, as well as
24 doing neighborhood children's projects. He thanked Community
25 Development for all the work they had done in this regard. He
26 stated the project had been a real benefit to residents and to
27 their neighborhoods. He thanked the Council for allowing them to
28 do this ministry and for partnering with them continually to help
29 the neighborhoods in the city to be better neighborhoods.
30 The minutes of the regular meeting of the Council on July 8,
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1 2004, were approved as submitted.
2 Councilman Showers read and introduced a resolution
3 welcoming the North Alabama Presbytery South African Mission
4 visitors to Huntsville, as follows:
5 (RESOLUTION NO. 04-570)
6 Councilman Showers moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling.
8 President Russell called for the vote on the above
9 resolution, and it was unanimously adopted.
10 Councilman Showers presented a copy of the resolution to
11 Rev. Frank Broyles and presented honorary citizen certificates to
12 the South African Mission visitors. He welcomed the visitors to
13 the city.
14 President Russell recognized the Montgomery City Council
15 members who were visiting in the city. He stated that the
16 Council had had the privilege of meeting with them earlier in the
17 day and sharing ideas and discussing mutual issues and that they
18 certainly appreciated this opportunity.
19 President Russell stated the next item on the agenda was
20 Public Hearings to be Held.
21 President Russell stated it was the time and place in the
22 meeting for a public hearing on Ordinance No. 04-423, concerning
23 the rezoning of land lying generally on the east side of Old
24 Railroad Bed Road and north of U.S. Highway 72 West from
25 Neighborhood Business C-1 District to Residence 2-A District,
26 which hearing was set at the June 10, 2004, Regular Council
0003
1 meeting.
2 Ms. Marie Bostick stated the subject property was a two-acre
3 tract of land in the extreme western portion of the city. She
4 stated it was proposed for a single-family residential
5 subdivision, which she noted was not allowed in a Neighborhood
6 Business C-1 District. She stated that, therefore, it had been
7 requested that the property be rezoned from Business C-1 District
8 to Residence 2-A District. She stated that the Planning
9 Commission had recommended that this be approved.
10 President Russell asked if there was anyone in the audience
11 who wished to speak concerning this matter.
12 There was no response.
13 Councilman Watson moved for approval of Ordinance No. 04-423
14 rezoning land lying generally on the east side of Old Railroad
15 Bed Road and north of U.S. Highway 72 West from Neighborhood
16 Business C-1 District to Residence 2-A District, which was
17 introduced at the June 10, 2004, Regular Council Meeting, as
18 follows:
19 (ORDINANCE NO. 04-423)
20 Said motion was duly seconded by Councilman Showers.
21 President Russell called for the vote on the above
22 ordinance, and it was unanimously adopted.
23 President Russell stated it was the time and place in the
24 meeting for a public hearing on Ordinance No. 04-425, concerning
25 the zoning of newly annexed land lying generally on the east side
26 of Old Railroad Bed Road and north of U.S. Highway 72 West to
0004
1 Residence 2-A District, which hearing was set at the June 10,
2 2004, Regular Council meeting.
3 Ms. Bostick stated the subject property was a two-acre tract
4 of land located in the western part of the community, adjacent to
5 the property the Council had just acted upon. She stated it was
6 also a part of the proposed single-family subdivision and that
7 Residence 1-A zoning had been requested.
8 President Russell inquired as to whether there was anyone in
9 the audience who wished to speak concerning this matter.
10 There was no response.
11 Councilman Watson moved for approval of Ordinance
12 No. 04-425, zoning newly annexed land lying generally on the east
13 side of Old Railroad Bed Road and north of U.S. Highway 72 West
14 to Residence 2-A District, which was introduced at the June 10,
15 2004, Regular Council meeting, as follows:
16 (ORDINANCE NO. 04-425)
17 Said motion was duly seconded by Councilman Kling.
18 President Russell called for the vote on the above
19 ordinance, and it was unanimously adopted.
20 President Russell stated it was the time and place in the
21 meeting for a public hearing on Ordinance No. 04-427, concerning
22 the zoning of newly annexed land lying generally west of Taylor
23 Road, south of Olmstead Road, and north of Saddle Ridge
24 Subdivision to Residence 1-B District, which hearing was set at
25 the June 10, 2004, Regular Council meeting.
26 Ms. Bostick stated the subject property was a 13.63-acre
0005
1 tract of land located in the Big Cove area. She stated it was
2 proposed for a residential subdivision and the recommended zoning
3 was Residence 1-B.
4 President Russell inquired as to whether there was anyone in
5 the audience who wished to speak concerning this matter.
6 There was no response.
7 Councilman Kling moved for approval of Ordinance No. 04-427,
8 zoning newly annexed land lying generally west of Taylor Road,
9 south of Olmstead Road, and north of Saddle Ridge Subdivision to
10 Residence 1-B District, which was introduced at the June 10,
11 2004, Regular Council meeting, as follows:
12 (ORDINANCE NO. 04-427)
13 Said motion was duly seconded by Councilman Watson.
14 President Russell called for the vote on the above
15 ordinance, and it was unanimously adopted.
16 President Russell stated it was the time and place in the
17 meeting for a public hearing on Ordinance No. 04-429, concerning
18 the zoning of newly annexed land lying generally at the west end
19 of Rothmore Drive, west of South Memorial Parkway, to Residence
20 1-A District, which hearing was set at the June 10, 2004, Regular
21 Council meeting.
22 Ms. Bostick stated the subject property was a 24.62-acre
23 tract of land located in the Whitesburg Estates area in South
24 Huntsville. She stated it was proposed for a residential
25 subdivision and that the recommended zoning was Residence 1-A
26 District.
0006
1 President Russell inquired as to whether there was anyone in
2 the audience who wished to speak concerning this matter.
3 There was no response.
4 Councilman Watson moved for approval of Ordinance
5 No. 04-429, zoning newly annexed land lying generally at the west
6 end of Rothmore Drive, west of South Memorial Parkway, to
7 Residence 1-A District, which was introduced at the June 10,
8 2004, Regular Council meeting, as follows:
9 (ORDINANCE NO. 04-429)
10 Said motion was duly seconded by Councilman Kling.
11 Councilwoman Moon asked if there had been any questions from
12 residents of nearby neighborhoods concerning this issue.
13 Ms. Bostick stated that her department had not received any
14 calls relative to the zoning on this property subsequent to
15 sending out public notices and receiving no comments.
16 President Russell called for the vote on the above
17 ordinance, and it was unanimously adopted.
18 President Russell stated it was the time and place in the
19 meeting for a public hearing on Ordinance No. 04-431, concerning
20 the rezoning of land lying generally on the east side of Blake
21 Bottom Road and north of Stringfield Road from Planned Industrial
22 District to Residence 2-B District, which hearing was set at the
23 June 10, 2004, Regular Council meeting.
24 Ms. Bostick stated the subject property was an 8-acre tract
25 of land located in the northwest part of the community near the
26 quarries on Blake Bottom Road. She stated that a church was
0007
1 desiring to locate on this property and churches were not allowed
2 in Planned Industrial districts and they had requested that the
3 property be rezoned to Residence 2-B District. She stated that
4 there was Residence 2-B District property adjacent to this
5 property, so that it would be compatible with the area.
6 President Russell inquired as to whether there was anyone in
7 the audience who wished to speak concerning this matter.
8 Ms. Jackie Reed appeared before the Council, inquiring as to
9 who owned the property.
10 Ms. Bostick stated that Potter's Hand Church owned the
11 property.
12 Councilman Showers moved for approval of Ordinance
13 No. 04-431, rezoning land lying generally on the east side of
14 Blake Bottom Road and north of Stringfield Road from Planned
15 Industrial District to Residence 2-B District, which was
16 introduced at the June 10, 2004, Regular Council meeting, as
17 follows:
18 (ORDINANCE NO. 04-431)
19 Said motion was duly seconded by Councilman Watson.
20 President Russell called for the vote on Ordinance
21 No. 04-431, and it was unanimously adopted.
22 President Russell stated it was the time and place in the
23 meeting for a public hearing on a resolution authorizing the City
24 Clerk-Treasurer to assess the cost of boarding and securing
25 against certain properties.
26 Mr. Jerry Galloway stated that the property identified in
0008
1 the resolution before the Council had been in violation of the
2 City's ordinance related to unsafe buildings. He stated that
3 this was further identified under Attachment A by the name of the
4 owner, who he noted was an out-of-state absentee landlord; the
5 address of the property; the date Community Action had taken
6 action; and the cost of said action. He stated that his
7 department had inspected this property on April 15th and had
8 found the property had significant unsafe conditions and was
9 vacant and standing open and accessible to the public. He stated
10 that his department had issued a written notice, as required by
11 the ordinance, to the owner on April the 19th, allowing the owner
12 until May the 19th to secure permits and to commence work on the
13 property. He stated that the owner had failed to take any action
14 and that Community Development had been required to board and
15 secure the property to make it inaccessible to the public. He
16 stated the cost for this was $190.72. He stated they had sent
17 the owner a written bill requesting payment for this cost but the
18 owner had failed to respond.
19 Mr. Galloway requested that the Council put an assessment
20 against the property to collect this cost. He stated that the
21 owner had been notified of the proposed action at this time.
22 President Russell inquired as to whether there was anyone in
23 the audience who wished to speak concerning this matter.
24 There was no response.
25 Councilman Watson read and introduced a resolution
26 authorizing the City Clerk-Treasurer to assess the cost of
0009
1 boarding and securing against certain properties, as follows:
2 (RESOLUTION NO. 04-571)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Kling.
5 President Russell called for the vote on the above
6 resolution, and it was unanimously adopted
7 President Russell stated it was the time and place in the
8 meeting for a public hearing on a resolution authorizing the City
9 Clerk-Treasurer to assess the cost of abating a public nuisance
10 against certain properties.
11 Mr. Galloway stated that the resolution before the Council
12 identified 16 properties that had been in violation of the City's
13 grass and weed ordinance. He stated that Attachment A contained
14 the property location and the cost of abating the nuisances. He
15 stated that in each case the owner had received written
16 notification of the violation and had been given the appropriate
17 amount of time to take action in accordance with the ordinance.
18 He stated that in each case they had failed to do so and that
19 Community Development had been forced to cut the property. He
20 stated that each owner had been sent an itemized bill for the
21 cost and in each case they had failed to respond. Mr. Galloway
22 requested that assessments be placed against the properties to
23 collect these costs. He stated the owners had been notified of
24 the proposed action at this time.
25 President Russell inquired as to whether there was anyone in
26 the audience who wished to speak concerning this matter.
0010
1 There was no response.
2 Councilman Watson read and introduced a resolution
3 authorizing the City Clerk-Treasurer to assess the cost of
4 abating a public nuisance against certain properties, as follows:
5 (RESOLUTION NO. 04-572)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling.
8 President Russell called for the vote on the above
9 resolution, and it was unanimously adopted.
10 Councilman Kling requested of President Russell permission
11 to inquire of Mr. Galloway about a matter that was not a part of
12 the items the Council had been considering at this time.
13 President Russell recognized Councilman Kling.
14 Councilman Kling stated that at Casa Loma Apartments off
15 Patton Road there had been considerable problems with dumpsters.
16 He stated this was an area that he understood both Mr. Galloway
17 and Sgt. Mark Roberts of the Police Department covered. He asked
18 if someone in Mr. Galloway's department could contact
19 Sgt. Roberts about this situation and work with him to solve it.
20 Mr. Galloway stated he would contact Sgt. Roberts concerning
21 this matter.
22 President Russell stated the next item on the agenda was
23 Communications from the Public.
24 Ms. Nancy Parmelee, 1714 Laverne Drive, appeared before the
25 Council, starting she needed some clarification, as a citizen,
26 concerning campaigning on City property and at City functions,
0011
1 such as Council meetings. She stated she had watched the prior
2 Council meeting on television and had seen campaigning taking
3 place at such meeting. She stated she wanted clarification as to
4 what was allowed and what was not allowed. She also expressed
5 concern about election badges and campaign paraphernalia being
6 worn in City buildings and at City Council meetings. She stated
7 she would like to know if this was allowed.
8 Ms. Parmelee stated she would like to know what the
9 taxpayers' portion was of the money spent to remove the Glenn R.
10 Watson crosswalk sign from the crosswalk on University Drive and
11 what additional taxpayer money would be spent to put the sign
12 back up, noting she had had many questions from the public
13 concerning this. She stated that her understanding was that the
14 quote was that the sign was too controversial during an election.
15
16 She stated that as she understood it the citizens had paid to
17 have this taken down.
18 President Russell asked Mr. Joffrion to respond to
19 Ms. Parmelee.
20 Mr. Joffrion stated he could do this but that it would take
21 quite a bit of time to thoroughly answer the questions that
22 Ms. Parmelee had asked. He stated he would be happy to discuss
23 these matters with Ms. Parmelee after the Council meeting.
24 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
25 Council, stating she understood there was high grass around
26 Big Cove and that someone had asked her to report this. She
27 stated that this person wanted to know if the City needed to be
0012
1 written up for not taking care of this area.
2 Ms. Reed stated that, also, the Martin property on
3 Holmes Avenue needed to be cut. She stated that Mr. Galloway's
4 department should see that this was taken care of.
5 Ms. Reed stated she had been promised eight years prior that
6 Old Madison Pike would be paved before 2004. She stated she
7 understood this project was now set for 2007. She inquired as to
8 what had been done with the money that was supposed to have gone
9 into this project.
10 Ms. Reed stated she was concerned that $25,000 had been
11 spent for a consultant to do the planning in Five Points. She
12 stated that the Auburn people did not know anything about coming
13 into the city and doing the planning for Five Points. She stated
14 she felt the Planning Department had given them the information
15 as to what they wanted to do in the city. She stated that the
16 City should let the residents in that area be happy and quit
17 putting bushes and benches into the area and cutting off
18 Holmes Avenue. She stated that people should be allowed to live
19 in the city and have an input without glorified stuff when the
20 grass was growing over their heads.
21 Mr. Mark Thrailkil, Jordan Lane, appeared before the
22 Council, stating he was President of the Huntsville Fire Fighters
23 Association. He stated that at the prior meeting of the Council
24 he had been prepared to stand and address positions within the
25 Huntsville Fire Department for reclassification but that he had
26 chosen not to speak at that time due to some political
0013
1 maneuvering and the failure of yet another chief to stand up for
2 his personnel. He stated that the position that most needed
3 correction by the City's own pay study had, once again, not been
4 corrected. He stated that he did want to thank the Council for
5 the approval of the two positions that were in the Fire
6 Department, the inspectors and some of the support staff.
7 Mr. Thrailkil stated that the Fire Fighters Association, its
8 leaders and its members, had taken the Mayor and the City Council
9 at their word and had believed they would fix the remaining pay
10 issues they had had two years prior. He stated that the Fire
11 Fighters Association had held up to their end of the settlement
12 but stated that there had seemed to be little movement for the
13 last two years to bring closure to these issues that were
14 remaining. He stated that at the last meeting they had had an
15 opportunity to reclassify fire captains but that this had not
16 happened. He stated to Mayor Spencer that at this time he was
17 asking her to resolve the fire captains' reclassification by
18 introducing an ordinance to be voted on at this time, with
19 unanimous consent, or to introduce it to be voted on in two
20 weeks, to bring the fire captains up to where the pay class had
21 shown. He stated he would also like for Mayor Spencer to put
22 together the team that they had understood would be formed to
23 bring closure to the remaining problems within the Public Safety
24 entity, which included police and fire. He stated he looked
25 forward to working with the Mayor, the Council, and anyone that
26 might be assigned to work on these issues.
0014
1 President Russell stated the next item on the agenda was
2 Huntsville Utilities Items.
3 Councilman Kling read and introduced a resolution
4 authorizing the purchase of one circuit switcher and three
5 current transformers at the Jetport Substation, as follows:
6 (RESOLUTION NO. 04-573)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by President Russell,
9 and was unanimously adopted.
10 Councilman Kling read and introduced a resolution
11 authorizing the purchase of one circuit switcher at the
12 Huntsville Primary Substation, as follows:
13 (RESOLUTION NO. 04-574)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by President Russell,
16 and was unanimously adopted.
17 Councilman Kling read and introduced a resolution
18 authorizing relocation of distribution line along Jeff Road due
19 to the deterioration and the inaccessibility of the existing
20 line, as follows:
21 (RESOLUTION NO. 04-575)
22 Councilman Kling moved for approval of the foregoing
23 resolution, which motion was duly seconded by President Russell,
24 and was unanimously adopted.
25 Councilman Watson inquired as to whether there was a
26 representative of the Utilities Department present.
0015
1 Mr. Steve Wright appeared before the Council, stating he was
2 the Electric Manager of Huntsville Utilities.
3 Councilman Watson expressed appreciation to Mr. Wright and
4 the employees at Huntsville Utilities for what he stated he
5 considered was an outstanding job after the two recent major
6 storms that had been only 24 hours apart. He stated the storms
7 had done a lot of tree damage in the city and that the employees
8 had worked all night to restore power and had done an outstanding
9 job. He stated that some persons had gotten upset because they
10 did not get their power on as quickly as they felt they should
11 but stated he felt these persons just did not understand the job
12 the workers did. He stated he did understand that and he wanted
13 to say he felt the workers and the leadership had done a
14 fantastic job under duress for two straight 24-hour periods.
15 Mr. Wright expressed appreciation for Councilman Watson's
16 comments, noting he was a representative of many employees at the
17 Utilities Department and stating that the job could not have been
18 done without all their efforts.
19 Councilman Showers stated he did not want to put a damper on
20 the accolades but noted that there were some smaller communities
21 that had the same problems as the larger communities. He stated
22 he had addressed this situation with the Utilities Department and
23 stated that he certainly hoped that in the future where there
24 were storms and other types of weather where services were down,
25 they would equally serve all of the community as they could. He
26 stated it was difficult to explain this situation to persons who
0016
1 lived in the smaller communities, that they did not understand
2 why the larger communities were being served first in such
3 situations. He stated that when such persons contacted him they
4 reminded him very clearly that they also had service needs that
5 needed to be responded to. He stated he certainly hoped the
6 smaller areas would be taken care of in the future, noting that
7 their needs were the same.
8 President Russell stated to Mr. Wright that all members of
9 the Council would appreciate some information as to how it was
10 decided which neighborhoods were served first and how the areas
11 were prioritized. He stated that they would also like to have a
12 record of the areas served and within what time span. He stated
13 they would like to be able to have this data to share with their
14 constituents.
15 President Russell stated the next item on the agenda was
16 Board Appointments to be Voted on.
17 Councilman Showers read and introduced a resolution to
18 reappoint Virginia Rice to the Museum Board for a term to expire
19 August 13, 2010, as follows:
20 (RESOLUTION NO. 04-576)
21 Councilman Showers moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson,
23 and was unanimously adopted.
24 Councilman Watson read and introduced a resolution to
25 appoint Sara Gessler to the Museum Board for a term to expire
26 August 13, 2010, as follows:
0017
1 (RESOLUTION NO. 04-577)
2 Councilman Watson 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 a resolution to
6 reappoint Kenneth Wade Chandler to the Housing Board of
7 Adjustments and Appeals for a term to expire August 22, 2007, as
8 follows:
9 (RESOLUTION NO. 04-578)
10 President Russell moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted.
13 President Russell read and introduced a resolution to
14 reappoint Larry Madry to the Housing Board of Adjustments and
15 Appeals for a term to expire August 22, 2008, as follows:
16 (RESOLUTION NO. 04-579)
17 President Russell moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted.
20 President Russell read and introduced a resolution to
21 reappoint Joe Palmer to the Housing Board of Adjustments and
22 Appeals for a term to expire August 22, 2008, as follows:
23 (RESOLUTION NO. 04-580)
24 President Russell moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0018
1 President Russell stated the next item on the agenda was
2 Board Appointment Nominations.
3 Councilwoman Moon nominated Mary Spann for appointment to
4 the Von Braun Center Board of Control, for a term to expire
5 August 27, 2008.
6 Councilman Watson nominated John Ofenloch for appointment to
7 the Von Braun Center Board of Control, for a term to expire
8 August 27, 2008.
9 President Russell stated the next item on the agenda was
10 Approval of Expenditures.
11 Councilman Kling read and introduced a resolution
12 authorizing the expenditures for payments, as follows:
13 (RESOLUTION NO. 04-581)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Showers,
16 and was unanimously adopted.
17 Councilman Kling stated that in the prior week's work
18 session when they had been discussing the budget he had omitted
19 an item. He stated that he had an interest in determining
20 whether or not some sort of a joint-use facility/gymnasium could
21 be constructed at McDonald School. He stated this was an area
22 that was somewhat isolated from other recreational facilities.
23 He stated that he would be furnishing further information
24 concerning this matter.
25 Councilwoman Moon stated that she understood they had a
26 piece of equipment in the Police Department, called a
0019
1 "simulator," and stated that she understood it was for policemen
2 to make the decision whether to fire or not. She stated she
3 understood this had been out of order for about two or three
4 years and that she understood it was an approximately $60,000
5 item. She stated this was a public safety issue as far as she
6 was concerned, as well as a training issue, and that she would
7 like to add this to the priority list.
8 Mayor Spencer recognized the Council members from Montgomery
9 who were visiting in the city.
10 Mayor Spencer stated that students and teachers from 26
11 different countries would be coming into the city to attend the
12 International Space Camp. She stated that, also, there would be
13 a teacher from each state. She stated she was certainly looking
14 forward to meeting Alabama's Teacher of the Year.
15 Mayor Spencer stated she was looking forward to being with
16 the families of the 294th National Guard Unit at Redstone Arsenal
17 on the following Saturday. She stated she was certainly proud
18 that the Army base was doing this and allowing these families to
19 be able to send messages to their family members overseas.
20 President Russell stated the next item on the agenda was
21 Communications from Council Members.
22 Councilman Kling thanked the citizens who had attended his
23 town meeting earlier in the week.
24 Councilman Kling stated he had recently attended the
25 organizational meeting of the Community Watch group for residents
26 of the Bailey Mobile Home Park, along with representatives of the
0020
1 Police Department. He stated he felt this group would be able to
2 do some good things in the community. He stated that he felt the
3 community relations officers were very important in the
4 communities.
5 Councilman Kling stated that on 9th Avenue at Jordan Lane
6 the City had recently installed a right-turn lane and stated that
7 this had been helpful as far as improving traffic flow. He
8 stated that a gentleman in this area had raised a very good
9 issue. He stated that Westlawn Middle School was at this
10 intersection and stated that this was a school zone. He stated
11 that further to the east, at West Huntsville Elementary School,
12 the speed limit sign adjacent to the school was 25 miles an hour
13 but that at the intersection where Westlawn was located the speed
14 limit was 35 miles per hour. He stated that a resident had
15 brought this to his attention and that he felt it was a very
16 legitimate issue and that since this was a school zone perhaps
17 the maximum speed limit should be lowered.
18 Councilman Kling asked if someone, perhaps Joy McKee, could
19 look into the situation on Whitesburg Drive between Drake Avenue
20 and Governors Drive and along Franklin Street, noting that there
21 was a large amount of junk and trash on the road. He stated that
22 Operation Green Team had done a very good job in numerous other
23 actions, noting that once they were pointed in the right
24 direction, they were very good at obtaining results. He stated
25 that they were very much appreciated in the neighborhoods with
26 which he worked.
0021
1 Councilman Kling stated that a few weeks prior he certainly
2 had enjoyed a cookout with the Crestwood Community Watch group.
3 He stated they would be looking forward to some good things
4 happening in this neighborhood as far as road resurfacing.
5 Councilman Watson stated to Mr. Ralph Stone that in speaking
6 with citizens in the Knox Creek area he had found that they had
7 some legitimate concerns about the park and the walkway behind
8 the park. He stated he wanted to ask for Mr. Stone's assistance
9 on this matter. He stated he felt it would be significant to
10 make this a useable trail for the remainder of the summer and
11 that he did not feel it would require a large amount of money to
12 do this. He stated he would like to receive a response on this
13 so that he could respond to his constituents about this matter.
14 Mr. Stone stated his department was at this time analyzing
15 what needed to be done concerning this matter.
16 Councilman Kling stated that in the Shadow Creek area in the
17 western part of the city, with 5,000 new housing starts, they
18 were definitely going to need a ball field. He stated this was
19 approximately 10 square miles of persons in the city that did not
20 have a ball field. He stated he would like to be kept current on
21 the status of this matter before the Council did the budget so he
22 could assure that this would be included in the budget.
23 Councilman Watson stated that over the next three or four
24 years he would like to look into District 5 having a gymnasium,
25 noting that the other districts had gymnasiums at this time. He
26 stated that they should commence looking for a location that
0022
1 would work with the majority of the new developments in the area
2 so that they could assure that everyone in District 5 was being
3 treated fairly.
4 Councilman Watson stated to Mr. Ron Adams of Engineering
5 that he would like for his department to look into putting a
6 lower speed limit at the end of Edgewater Drive by the
7 cul-de-sac. He stated that the persons in this area would like a
8 10-mile speed limit but they would accept a 15-mile speed limit.
9 He stated he would like to get a response to this reasonably soon
10 so that he could furnish the residents of that area an answer.
11 He stated they would also like three speed bumps, spaced as the
12 Engineering Department would decide. He stated that they were
13 asking for speed bumps and not speed humps, from the cul-de-sac
14 going east.
15 Councilman Watson stated that since the community board had
16 already asked for this and they represented the citizens in the
17 area, he did not feel they would have to get a petition
18 requesting this. He stated that the Board had been elected to
19 represent the persons in this area and that this had already been
20 requested. He stated he had asked these persons if everyone was
21 in favor of this and they had replied in the affirmative.
22 Mr. Adams stated he would prefer to follow the process,
23 which required the initiating parties to gather signatures
24 concerning the issue. He noted the speed bumps were
25 controversial and persons either liked them or disliked them.
26 Councilman Watson stated that the community had already made
0023
1 its decision concerning this matter and had come to him with the
2 decision.
3 Mr. Adams stated he would take the request to Mr. Cunningham
4 and determine if this could be done in this manner.
5 Councilwoman Moon stated it was her understanding that there
6 were approximately 200 requests for speed tables at this time.
7 She stated that she understood the problem Traffic Engineering
8 was having was not the money but staffing, that they were simply
9 overwhelmed by the need. She stated she felt this was something
10 else they should consider in the budget process. She stated that
11 they could throw the money at it but that if they did not have
12 the personnel to execute it, then they would be right back where
13 they started.
14 Councilman Watson stated he felt some of this could be
15 contracted out to small businesses, noting he was sure they would
16 be capable of installing these speed tables. He stated people
17 just did not understand how long bureaucracy took to get things
18 done. He stated this was not against the bureaucracy, that it
19 was just that it did take a long time to get these things done.
20 Councilman Watson stated he would like to have a response to
21 his request sometime within the following week.
22 President Russell stated that, as he understood it,
23 Councilwoman Moon's point was that the department needed
24 personnel to collect the data and study the streets and come up
25 with a comprehensive plan. He stated that they did use outside
26 contractors to actually install the speed tables.
0024
1 Councilman Watson stated he felt the traffic calming had
2 certainly been a very good program and that he would certainly
3 put it at the top of his list of priorities for the budget. He
4 stated that in numerous neighborhoods he represented persons were
5 on the waiting list to have speed tables installed. He stated he
6 felt this certainly needed to be included in the upcoming year's
7 budget and that perhaps they could also address the personnel
8 issue.
9 Councilman Showers stated he was glad the Council was
10 discussing needing more help in the area of traffic calming. He
11 stated that they certainly needed more personnel to get the work
12 done. He stated he felt they needed to increase the staffing in
13 that division.
14 Councilman Showers stated that work on the Lakewood
15 improvement project was well underway. He stated that between
16 Oakwood Avenue and Max Luther the supply roads were almost
17 completed and that at the intersection of Highway 72 East and
18 Sparkman Drive the east bridge had been completed and work had
19 begun on the west bridge. He stated that this would soon be
20 completed and that the overpass would be completed after that.
21 He stated they had just completed the section between Stringfield
22 Road and Winchester Road. He stated the section between Oakwood
23 and Sparkman Drive would be done very soon, that this section had
24 not been forgotten.
25 Councilman Showers stated he had recently attended a very
26 good meeting in the Treymore neighborhood. He stated that this
0025
1 was a group that had become very active in terms of taking back
2 their neighborhood. He stated that the community meeting had
3 been attended by a large number of residents in this area. He
4 stated that community policing was certainly working in the city,
5 noting that these officers were always in attendance at
6 neighborhood meetings. He stated that the persons in the
7 neighborhood felt very comfortable with this situation.
8 Councilman Watson stated that the area on Mastin Lake Road
9 from Pulaski to Highway 53 was also going to be paved. He stated
10 that this probably was the worst major road in the district and
11 that this would be corrected.
12 Councilwoman Moon stated to Mr. Steve Abbott that she was
13 receiving a lot of complaints from the Fleming Meadows area,
14 noting that Chadwell Road was being repaved. She stated that she
15 was being advised that there were potholes developing and that
16 they would come back and put new blacktop on and the potholes
17 would redevelop within weeks. She stated she had noted as she
18 had driven the streets in the area that there appeared to be
19 major road failure in the area. She asked that Mr. Abbott look
20 into this situation and report back to her concerning this
21 matter.
22 Councilwoman Moon asked Mr. Ron Adams for a status report
23 concerning the traffic light at Hobbs Road and Bailey Cove Road.
24 President Russell stated that all the Council members should
25 have received a list of the streets being resurfaced, by
26 district. He proceeded to read the names of the streets in his
0026
1 district that were to be repaved.
2 President Russell stated that the Council had set a work
3 session for Thursday, August 5, at 5 p.m. in the 7th Floor City
4 Council Conference Room. He stated that the first item of
5 business would be the continuation of the public hearing that had
6 been scheduled for the prior work session. He stated that the
7 second item was a discussion of the Huntsville-Madison County
8 Marina & Port Authority. He inquired of Councilman Kling as to
9 what he wanted him to set up for this meeting or who he would
10 expect to hear from and what he would like to have happen at such
11 meeting.
12 Councilman Kling stated he had previously been in contact
13 with the Chairman of the Board and that basically they would be
14 presenting an overview as to what their plans were for the
15 future.
16 President Russell stated the next item on the agenda was
17 Unfinished Business Items for Action.
18 President Russell moved to postpone consideration of
19 Ordinance No. 04-315, to abolish current Personnel Policies and
20 Procedures Manual (Ordinance No. 90-152) and to establish new
21 Personnel Policies and Procedures Manual, until the Council
22 meeting of August 26, which ordinance was introduced at the
23 April 22, 2004, Regular Council Meeting, postponed at the May 13,
24 2004, Regular Council Meeting until June 24, 2004, and postponed
25 at the June 24, 2004, Regular Council Meeting until this date.
26 Said motion was duly seconded by Councilman Kling.
0027
1 President Russell called for the vote on the above motion,
2 and it was unanimously approved.
3 President Russell stated the next item on the agenda was New
4 Business Items for Consideration or Action.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to enter into an agreement with low bidder,
7 APAC-Southeast, Inc., for Resurfacing of Various Residential
8 Streets, Phase VI, Project No. 65-04-RR09, as follows:
9 (RESOLUTION NO. 04-582)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by President Russell,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into an agreement with low bidder,
15 Reed Contracting Services, Inc., for Resurfacing of Various
16 Residential Streets, Phase V, Options #7 (Archer Street) and #9
17 (Sherwood Drive), Project No. 65-04-RR07, as follows:
18 (RESOLUTION NO. 04-583)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by President Russell,
21 and was unanimously adopted.
22 Councilman Watson moved for approval of a request for
23 authorization to fill one Desktop Network Technician position,
24 Grade 10, in the ITS Department and to fill at a higher step than
25 minimum if necessary, which motion was duly seconded by
26 President Russell, and was unanimously approved.
0028
1 Councilman Watson read and introduced a resolution
2 authorizing the City Attorney to settle the lawsuit entitled
3 Ashlie Fletcher v. Calvin Earl Renfro, et al., in the Circuit
4 Court of Madison County, Alabama, Case No. CV-02-227-LHL, as
5 follows:
6 (RESOLUTION NO. 04-584)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by President Russell,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the City Attorney to settle the claim of Lisa South,
12 Claim No. FY-04-104, as follows:
13 (RESOLUTION NO. 04-585)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by President Russell,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Clerk-Treasurer to invoke Regions Bank
19 subdivision Letter of Credit No. 24557 for Redstone Village
20 Subdivision, as follows:
21 (RESOLUTION NO. 04-586)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by President Russell,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to enter into a real estate purchase and
0029
1 sale agreement between the City of Huntsville and Quillin Produce
2 Company for property located in Chelsea Industrial Park, as
3 follows:
4 (RESOLUTION NO. 04-587)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by President Russell,
7 and was unanimously adopted.
8 Councilman Watson moved for approval of a request for
9 authorization to fill Police Program Specialist position at
10 Grade 16, Step 5, which motion was duly seconded by
11 President Russell, and was unanimously approved.
12 Councilman Watson read and introduced a resolution
13 authorizing the Mayor to enter into agreement with the low
14 bidders meeting specifications as outlined in the attached
15 Summary of Bids for Acceptance, as follows:
16 (RESOLUTION NO. 04-588)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by President Russell,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the acceptance of donation of four pieces of folk
22 animal art work valued at $1,500 from Jo Anne Pinnix, and a
23 donation of $500 from The Pinnix Group, for care of animals, as
24 follows:
25 (RESOLUTION NO. 04-589)
26 Councilman Watson moved for approval of the foregoing
0030
1 resolution, which motion was duly seconded by President Russell,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the Mayor to enter into an agreement with the low
5 bidder, McDonald Bros. Construction, Inc., for Farley Drive
6 Drainage Channel Repair, Project No. 65-04-DR0, as follows:
7 (RESOLUTION NO. 04-590)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by President Russell,
10 and was unanimously adopted.
11 Councilman Watson read and introduced an ordinance
12 appointing the election officials for the August 24, 2004, City
13 of Huntsville election and, if one is needed, the September 14,
14 2004, City of Huntsville, Alabama, Municipal Run-Off Election, as
15 follows:
16 (ORDINANCE NO. 04-591)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by President Russell,
19 and was unanimously adopted.
20 Councilman Watson read and introduced an ordinance declaring
21 certain equipment surplus and to be sold at auction
22 (GovDeals.com) or in the best interest of and most cost-effective
23 way for the City of Huntsville, as follows:
24 (ORDINANCE NO. 04-592)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by President Russell,
0031
1 and was unanimously adopted.
2 President Russell moved for approval of a request for
3 authorization to fill budgeted vacant Equipment Operator III,
4 Crew Leader, vacancy at a rate higher than minimum, which motion
5 was duly seconded by Councilman Watson.
6 Councilman Watson moved to table the above request, which
7 motion was duly seconded by Councilman Showers.
8 President Russell called for the vote on the motion to
9 table, and the following vote resulted:
10 AYES: Watson, Showers
11 NAYS: Moon, Russell
12 ABSTAIN: Kling
13 President Russell stated that the motion had failed.
14 Councilman Kling asked Councilman Watson for an explanation
15 of his motion to table.
16 Councilman Watson stated there was an Equipment Operator III
17 position being hired away from a contractor. He stated that the
18 contractor was paying the tax and the City was using the tax
19 money to outbid the contractor for a person that had been working
20 with the contractor for approximately 15 years. He stated the
21 contractor had asked him to table this matter so they would have
22 an opportunity to discuss it. He stated that in the past the
23 Council had always been willing to do this.
24 Councilman Kling stated he felt the proper motion would be
25 to postpone rather than to table. He stated he would support a
26 motion to postpone the matter until the next regular meeting of
0032
1 the Council.
2 Councilman Watson moved to postpone consideration of the
3 request for authorization to fill budgeted vacant Equipment
4 Operator III, Crew Leader, vacancy at a rate higher than minimum
5 until the next regular meeting of the Council on August 12, which
6 motion was duly seconded by Councilman Showers, and was
7 unanimously approved.
8 Councilwoman Moon asked Mr. Abbott to discuss this matter
9 with her at a later time.
10 Councilman Kling read and introduced a resolution
11 authorizing the Mayor to enter into a real estate purchase
12 agreement between the City of Huntsville and Northlake
13 Development, LLC, for property located in Cummings Research Park
14 West, as follows:
15 (RESOLUTION NO. 04-593)
16 Councilman Kling moved for approval of the foregoing
17 resolution, which motion was duly seconded by President Russell.
18 Mr. Joffrion stated that this concerned the sale of
19 approximately 10.5 acres in Cummings Research Park West.
20 President Russell called for the vote on Resolution
21 No. 04-593, and it was unanimously adopted.
22 Councilman Kling read and introduced an ordinance to amend
23 Budget Ordinance No. 03-785, adopted and approved on
24 September 30, 2003, by changing appropriated funding and the
25 authorized personnel strength within various departments, as
26 follows:
0033
1 (ORDINANCE NO. 04-594)
2 Councilman Kling moved for approval of the foregoing
3 ordinance, which motion was duly seconded by Councilman Showers.
4 Mr. Randy Taylor enumerated the items included in the above
5 ordinance.
6 Councilman Kling asked Mr. Randy Taylor to explain the
7 funding for the Federal Courthouse project.
8 Mr. Randy Taylor stated that was a line item in the
9 Capital Plan for the purchase of the Federal Building. He stated
10 that this money was provided pursuant to a grant by the Federal
11 Government. He stated they had received this grant award and
12 that it was being funded incrementally. He stated that they had
13 been notified of two funding awards to the City and had acted to
14 acquire the property pursuant to this. He stated that this final
15 $300,000 would bring the total budget up to the amount that had
16 been awarded under the grant.
17 President Russell called for the vote on Ordinance
18 No. 04-594, and it was unanimously adopted.
19 Councilman Showers read and introduced a resolution
20 authorizing the Mayor to amend the Purchase/Sale Agreement with
21 CSX Transportation, Inc., for extension of closing date to
22 August 31, 2004, as follows:
23 (RESOLUTION NO. 04-595)
24 Councilman Showers moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon.
26 Mr. Ron Adams stated that the Council had passed a
0034
1 resolution in February to purchase a piece of property off
2 Cleveland Avenue and stated that the above resolution extended
3 the closing date. He stated that they had had some problems in
4 attempting to obtain all the necessary documents.
5 President Russell called for the vote on the above
6 resolution, and it was unanimously adopted.
7 Councilman Showers read and introduced a resolution
8 authorizing the Mayor to modify the agreement with Barge,
9 Waggoner, Sumner & Cannon, Inc., for Pedestrian Overpass Bridge
10 at University Drive by Modification No. 3,
11 Project #ST-045-999-008, as follows:
12 (RESOLUTION NO. 04-596)
13 Councilman Showers moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon.
15 Mr. Ron Adams stated that the above agreement was a
16 construction administration agreement with the engineer of
17 record. He stated that when they had first established the
18 contract they had set an upper limit of $10,000 on construction
19 administration expenses, not knowing exactly what was going to be
20 required. He stated they had reached that limit and were
21 proposing to increase it an additional $15,000. He stated that
22 they might not spend this additional amount of money but that
23 they were anticipating some additional expenditures and wanted to
24 place a higher cap.
25 Councilman Watson stated that Mr. Adams was aware of all the
26 circumstances in this matter, most likely better than anyone else
0035
1 in the city, and inquired of him if he felt this was the right
2 thing to do in this matter.
3 Mr. Adams replied in the affirmative, stating he felt it was
4 absolutely essential.
5 President Russell called for the vote on the above
6 resolution, and it was unanimously adopted.
7 Councilman Showers read and introduced a resolution
8 authorizing the Mayor to enter into an agreement with Bookhouse
9 Group, Inc., as follows:
10 (RESOLUTION NO. 04-597)
11 Councilman Showers moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon.
13 President Russell inquired as to whether there was anyone
14 from the Administration that could address this item.
15 Mayor Spencer stated that this concerned the book the
16 Chamber of Commerce would be putting out. She stated it would
17 recognize the changes that had come about since the last book had
18 been done on the community. She stated it was funded by
19 industries within the community, as well as the County Commission
20 had taken a three-page ad. She stated she recommended a two-page
21 ad for the City. She stated that there would be a section in the
22 book on the bicentennial, which she felt was a tremendous thing.
23 She stated she felt the book would be an asset to the city
24 Councilman Showers asked when the book would be available.
25 Mayor Spencer stated it would be the spring of 2005.
26 Councilman Kling stated the book was intended to be used as
0036
1 a very active recruiting tool for the City, to familiarize
2 potential employees and industries with the city of Huntsville.
3 President Russell called for the vote on the above
4 resolution, and it was unanimously adopted.
5 President Russell stated the next item on the agenda was
6 Legal Department Items/Transactions.
7 Councilman Watson read and introduced a resolution to vacate
8 two 25-foot Utility and Drainage Easements along the west lot
9 line and the southeast corner of Lot 1, Block 7, Cummings
10 Research Park West, Plat Book 40, Page 12 (CRP West; Bob Heath
11 Drive), as follows:
12 (RESOLUTION NO. 04-598)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Watson read and introduced a resolution
17 authorizing the Mayor to execute the Declaration of Vacation of
18 Right-of-Way Lots 1 and 2, Cummings Research Park West, (CRP
19 West; Explorer Boulevard), as follows:
20 (RESOLUTION NO. 04-599)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 Councilman Watson read and introduced a resolution
25 consenting to the vacation of Right-of-Way, Lots 1 and 2,
26 Cummings Research Park West (CRP West; Explorer Boulevard), as
0037
1 follows:
2 (RESOLUTION NO. 04-600)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Kling,
5 and was unanimously adopted.
6 President Russell inquired as to whether there were any
7 Non-Roster Communications from the Public.
8 Ms. Jackie Reed inquired as to whether the figure
9 Councilman Kling had mentioned for expenditures had been for a
10 period of two weeks or one month.
11 Councilman Kling stated it would be for the time since the
12 last regular meeting of the Council.
13 Mr. Thrailkil expressed appreciation to the Council for
14 postponing consideration of the matter concerning the policies
15 and procedures manual, stating it did need further work.
16 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
17 Council, stating that on behalf of the residents of
18 Bailey Estates he wanted to thank Mayor Spencer and Mr. Hatfield,
19 and especially thank the City employees from Facilities
20 Maintenance that helped paint the bridge railings coming into the
21 community. He stated he had cut the weeds around it and stated
22 that at this time it looked very nice. He stated that, also, the
23 railings on Patton Road had been painted. He stated he felt they
24 should do anything they could to improve Patton Road in case the
25 BRAC committee came into the city sometime and traveled along
26 this road.
0038
1 Mr. Cox stated that approximately two weeks prior he had
2 been out of town and had returned to the city on Highway 72 from
3 Scottsboro and stated he was very pleased with the appearance of
4 the city when he came into the city limits. He stated the grass
5 had been cut nicely and there was no trash alongside the road.
6 He expressed appreciation to the City employees involved with
7 this work.
8 Upon motion, duly seconded, it was voted to adjourn.
9
10
11
12 _____________________________
13 PRESIDENT OF THE CITY COUNCIL
14
15 ATTEST:
16
17
18
19 ______________________________
20 CITY CLERK-TREASURER
21
22
23