1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD JULY 24, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on July 24, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Moon
9 Councilpersons: Russell, Kling, Watson
10 Absent: Showers
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Moon called the meeting to order. Dr. Annas
16 Aytch, Covenant Ministries Church, led the invocation;
17 Mayor Spencer led the pledge of allegiance.
18 President Moon stated that Councilman Showers was out of
19 town and would not be present for the meeting.
20 The minutes of the regular meeting of the Council on
21 July 10, 2003, were approved as submitted.
22 Mayor Spencer recognized Capt. Andy Jackson of the Police
23 Department.
24 Capt. Jackson asked Officer Michael Denoon to come forward.
25 He stated that Officer Denoon had put his own life at risk to
26 save the life of a person who had been threatening to commit
27 suicide. He awarded a lifesaving medal to Officer Denoon for
28 this action.
29 Councilman Kling read and introduced a resolution in
30 recognition of the retirement of Dana Lee Tatum, after 21 years
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1 of service to the City of Huntsville, as Chief Executive of the
2 EarlyWorks Museum Complex, including the EarlyWorks Children's
3 Museum, Alabama Constitution Village, the Historic Huntsville
4 Depot, and the Humphreys-Rodgers House, as follows:
5 (RESOLUTION NO. 03-633)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Watson,
8 and was unanimously adopted.
9 President Moon stated that there would be a reception for
10 Ms. Tatum on the following evening at EarlyWorks.
11 President Moon stated that the following certificates of
12 appreciation had been presented: Mr. Andrew Tutt for his
13 services rendered to the Historical Preservation Authority,
14 June 3, 1982 to June 3, 2004; SSG Stephen W. Dix, NCO of Year and
15 SPC Hathu Tran, Soldier of the Year, Redstone Arsenal, Alabama.
16 President Moon stated the next item on the agenda was Public
17 Hearings to be Held.
18 President Moon stated that it was the time and place in the
19 meeting for a public hearing on a resolution authorizing the City
20 Clerk-Treasurer to assess the cost of boarding and securing
21 against certain properties.
22 Mr. Galloway stated that this item concerned a house that
23 was standing open and accessible to the public that was an unsafe
24 nuisance. He stated that the owner had received an unsafe
25 notification from his department and had been given 30 days to
26 get permits and correct the problems. He stated that the owner
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1 had failed to take action and that Community Development had been
2 required to board and secure the property, which he stated was
3 identified under Attachment A of the resolution before the
4 Council. He stated that the property had been secured on
5 June 13, at a cost of $202.79. He stated that the owner had been
6 forwarded a bill requesting payment, that they had been given
7 30 days to pay, and that they had failed to do so. He requested
8 that an assessment be placed against the property to collect this
9 cost. He stated that the owner had been notified of the proposed
10 action at this meeting.
11 President Moon inquired as to whether there was anyone in
12 the audience who wished to speak concerning this matter.
13 There was no response.
14 Councilman Kling read and introduced a resolution
15 authorizing the City Clerk-Treasurer to assess the cost of
16 boarding and securing against certain properties, as follows:
17 (RESOLUTION NO. 03-634)
18 Councilman Kling moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Watson,
20 and was unanimously adopted.
21 President Moon stated that it was the time and place in the
22 meeting for a public hearing on a resolution authorizing the City
23 Clerk-Treasurer to assess the cost of abating a public nuisance
24 against certain properties.
25 Mr. Galloway stated that the above resolution addressed
26 properties that were in violation of the City's grass and weed
0004
1 ordinance. He stated that the resolution identified 23
2 properties and noted that each of the property owners had
3 received written notification that they were in violation and had
4 been given the required 14 days to cut the property. He stated
5 they had failed to do so and that Community Development had been
6 forced to cut the property. He stated that the properties were
7 identified under Attachment A. He stated that payment had been
8 received on two of the properties since the resolution had been
9 submitted for approval. He stated that the first such property
10 was identified under Attachment A, page 3, at the bottom of the
11 page, being 11909 Memorial Parkway South. He stated that the
12 second such property was on page 5, at the top of the page, being
13 the vacant property south of 432 Andromedea Road.
14 Mr. Galloway stated, concerning the remaining properties,
15 that the property owners had been forwarded itemized statements,
16 that they had been given 30 days to pay, and that they had failed
17 to do so. He requested that assessments be placed against the
18 properties. He stated that the owners had been notified of the
19 proposed action at this time.
20 President Moon inquired as to whether there was anyone in
21 the audience who wished to speak concerning this matter.
22 There was no response.
23 Councilman Watson read and introduced a resolution
24 authorizing the City Clerk-Treasurer to assess the cost of
25 abating a public nuisance against certain properties, as follows:
26 (RESOLUTION NO. 03-635)
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1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Russell,
3 and was unanimously adopted.
4 President Moon stated that it was the time and place in the
5 meeting for a public hearing on a resolution authorizing the
6 demolition of an unsafe building constituting a public nuisance
7 located at 4205 Arlington Road.
8 Mr. Galloway stated that the subject building was severely
9 fire damaged. He stated that the owner had been given an
10 official notice under the State public nuisance laws. He stated
11 that the owner had been given 30 days to either tear down the
12 building or have it repaired. He stated that the owner had
13 failed to respond to the notice. He requested that the Council
14 authorize Community Development to tear down the building and
15 bill the owner for the cost involved. He stated that if the
16 owner failed to pay the bill, they could sell the property at a
17 tax sale, under State law.
18 President Moon inquired as to whether there was anyone in
19 the audience who wished to speak concerning this matter.
20 There was no response.
21 Councilman Watson read and introduced a resolution
22 authorizing the demolition of an unsafe building constituting a
23 public nuisance located at 4205 Arlington Road, as follows:
24 (RESOLUTION NO. 03-636)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0006
1 and was unanimously adopted.
2 President Moon stated the next item on the agenda was Public
3 Hearings to be Set.
4 Councilman Kling read and introduced a resolution to set a
5 public hearing for American Cab Company to operate eight (8)
6 taxicabs, on August 14, 2003, as follows:
7 (RESOLUTION NO. 03-637)
8 Councilman Kling moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Watson,
10 and was unanimously adopted.
11 President Moon stated the next item on the agenda was
12 Communications from the Public.
13 Mr. Ken Britton, 10111 Todd Mill Road, appeared before the
14 Council, stating that his neighbors were in attendance at the
15 meeting with him. He stated that in October 2002 the residents
16 in his area had received notice that their property was going to
17 be appraised for the City to take to widen Aldridge Creek and
18 provide some overflow capabilities. He stated that on October 21
19 he and his neighbors had offered this land to the City free of
20 charge for this drainage program. He stated that the property
21 would remain on the tax rolls, the City would not have to acquire
22 it, and the owners would continue to perform regular routine
23 maintenance. He stated that this offer would save the City quite
24 a bit of money and would expedite the completion of the drainage
25 project. He stated that to this point the City had declined to
26 accept this generous and constructive offer. He inquired as to
0007
1 when the City had become so awash in extra funding that it could
2 so easily reject free property for this program. He stated that
3 if the City had that much extra money, there should be raises for
4 teachers and potholes should be repaired.
5 Mr. Britton stated that after several months of requests,
6 his group had finally gotten a meeting with the Engineering
7 Department, President Moon, and Mr. Joffrion, to explain why
8 ownership was not a viable option. He stated that in that
9 meeting Mr. Joffrion had stated that the sole reason for the City
10 acquiring ownership of this property was to facilitate future
11 greenway expansion. He stated that this was a greenway-only
12 expense coming out of the drainage budget. He inquired of the
13 Council if it was drainage or greenway or greenway and drainage
14 when they had approved the budget.
15 Mr. Britton stated that work could have commenced on this
16 property nine months prior when his group had made its offer. He
17 stated that the refusal of this had prompted his group to justify
18 the amount of land the City wanted, noting that as a result of
19 this, the amount of land had gone down from some 90 feet in some
20 places to 25 feet. He stated that plans had to be redrawn and
21 appraisals had to be redone. He stated that the offers that had
22 gone out had been unanimously rejected by him and his neighbors.
23 He stated that the condemnation project added additional delays.
24 He stated that he hoped that each of the Council members were
25 praying for dry weather, stating that with the next big storm
26 there would be citizens with flooded homes calling and asking why
0008
1 the drainage program had not been completed. He stated that if
2 the Council were truthful and told them that they were building a
3 greenway, this would not be much consolation.
4 Mr. Britton stated that the Engineering Department had
5 confirmed that the flood level reduction with the proposed taking
6 of their back yards did not significantly increase what could be
7 achieved by regular creek maintenance, working within the
8 existing easement. He stated that he and his neighbors were
9 being asked to give up property when the City had not done
10 everything they could with what they already had in easements.
11 Mr. Britton stated that another reason given for the taking
12 of their property rather than accepting their generous easement
13 offer was that persons might build in the flood-prone easement.
14 He stated that the building permitting process had the Inspection
15 Department checking setback lines and easements and noted that if
16 one were in violation, one would not get a permit. He stated
17 that this expense would buy no extra protection.
18 Mr. Britton stated that if this was a problem, it was a
19 problem of enforcement of current regulations. He stated that
20 the solution to this problem was not taking his back yard, noting
21 that it was not a good solution and that it was certainly not
22 good government.
23 Mr. Britton stated that other properties upstream had been
24 taken by the City but noted that the crucial difference in this
25 was that there were no structures, that it was just dirt.
26 Mr. Britton stated that the offer made by him and his
0009
1 neighbors still stood and urged the Council to accept it. He
2 stated that the process of condemnation had begun and stated he
3 would like for each of the Council members to consider his or her
4 responsibilities as stewards of the citizens' tax dollars and
5 their responsibilities for flood control in the city.
6 Mr. John Jordan, 10103 Todd Mill Road, appeared before the
7 Council, stating that he would like to make a point about the
8 property that he had, which he stated adjoined Green Mountain
9 Road. He stated that when they had first received their letters
10 and had their meeting, which he noted President Moon had
11 attended, he asked the question whether the property would be
12 taken for a greenway. He stated that at that time the answer was
13 that the project only had to do with channel improvement and
14 flood control. He stated that President Moon was to look into
15 the matter of whether it had anything to do with a greenway. He
16 stated that the report back, as he recalled it, was that there
17 was not any money for a greenway and that there would probably
18 not be any for several years.
19 Mr. Jordan stated they had done a walk-over right after such
20 meeting and stated he had a drawing which was done. He stated,
21 however, that this drawing did not resemble where the sewer lines
22 were, et cetera. He stated that the new drawing he had gotten in
23 June, which was discussed the prior Tuesday, stated they wanted
24 additional easement and would have to move the sewer line and the
25 water main over in order to make a cutback right up into the
26 corner behind the Green Mountain levee. He stated that had been
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1 discussed in the walk-over and noted that he had told the persons
2 from Engineering that were with him that it did not make any
3 sense at all to drop back behind the levee and make a big cutback
4 and expect to improve the flood levels in the creek. He stated
5 that they could not rebut this. He stated that he had advised
6 them that it would make more sense to drop on down about three or
7 four hundred feet and not have to go to the expense of taking the
8 sewer line and water line out and move them over. He stated that
9 a person from Utilities had suggested that it would most likely
10 cost between 10 and 30 thousand dollars to do all this work. He
11 stated that at that time he had not known this had anything to do
12 with the greenway. He stated that the discussion at first was
13 that they had to have equipment access in the corner. He stated
14 that while at that time he did not know it had anything to do
15 with the greenway, that with hindsight the equipment access was
16 not the real nature of why they had to have access in the corner.
17
18 He stated the real reason was to have a ramp up to the greenway.
19 He stated that at one time the surveyors had told him that was a
20 ramp up, or maybe even steps up, to the end of the footbridge.
21 He stated that, also, he was getting another story, that it was
22 ramp access for equipment in that corner. He stated that now
23 Mr. Joffrion had told them that they were really going to have
24 this greenway on the west bank. He stated that this was where
25 the ramp up for the greenway would be. He noted that at least it
26 would be next to the creek, not right next to the property lines.
27
28 He stated that he was having trouble with credibility on this.
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1 Mr. Paul Artis, 10207 Todd Mill Road, appeared before the
2 Council, stating that he agreed with the things that had been
3 stated by Mr. Britton and Mr. Jordan in general. He stated that
4 the thing that puzzled him was that they had gone for months and
5 months being told this was only for creek channelization and
6 flood control and there was no greenway considered and that then
7 in early April when they had had their meeting the truth had come
8 out, that it was truly for the greenway. He stated that as most
9 people were aware, they had been opposed to a greenway in their
10 back yards for years, that they were not looking to have people
11 up and down the back of their yards doing things like had been
12 done early on in the greenway south of Mountain Gap Road.
13 Mr. Jordan questioned why if this was truly just for a
14 greenway they were putting it under the guise of creek
15 channelization and flood mitigation. He stated that that was a
16 question he had for Engineering and for the Council members as
17 they considered this matter and voted on it.
18 Ms. Yuri Craig, 10105 Todd Mill Road, appeared before the
19 Council, stating that she had been offered $8,000 for a small
20 strip of land behind her house. She stated that this was a lot
21 of money to her but that as far as her land was concerned she did
22 not mind if the creek was expanded but for anything else it would
23 not be worth it for that amount of money.
24 President Moon stated that she would ask the Administration
25 to answer some of the questions that had been asked but noted
26 that she would like to complete the public comment prior to this.
0012
1 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
2 Council, stating she was concerned about the hotel issue. She
3 stated she felt they had not had a public hearing on the hotel,
4 noting she had not seen any participation by hotel people, that
5 she had not seen any footprints, that she had not seen anything
6 from the hotel, that it was just a City layout of the City
7 riverwalk. She noted, also, that Councilman Kling wanted to
8 extend the riverwalk all the way to the Tennessee River. She
9 inquired of the Council if they were condemning the property of
10 the persons who had previously spoken for a riverwalk all the way
11 to the Tennessee River.
12 Ms. Reed stated that all she asked of city government was
13 government for all the people and that it not be behind closed
14 doors and for the chosen few. She stated that these persons did
15 not want the City to take their back yards for a riverwalk.
16 Ms. Reed stated that the Council needed to hold public
17 hearings before they voted on item 15.a. on the agenda.
18 Ms. Reed requested that there be another public hearing on
19 the proposed hotel, with the hotel developers present.
20 Ms. Reed stated that persons in the city wanted to see good
21 government.
22 Councilman Watson stated he felt Huntsville would benefit
23 greatly if they were able to obtain the Embassy Suites, that it
24 would be a great thing for downtown Huntsville and for the city.
25 Mr. Rick Storey, 1422 East Clinton, appeared before the
26 Council, stating he was speaking on behalf of friends of the late
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1 Lydia Gold, whom he stated was among the first organized group
2 efforts to help in building a public skateboard facility. He
3 stated that he had sent out some letters concerning this a few
4 days prior and that he would just read this letter at this time.
5 Mr. Storey read the letter, noting that Ms. Gold had been
6 known as a friend to all Huntsville area skateboarders in the
7 mid 1980's. He stated that she co-owned Tattoo Lady Comics, and
8 that many of her customers were also skateboarders and that her
9 store had been a popular gathering place for skaters. He stated
10 that at some point she also sold skateboard accessories at her
11 store. He stated that her store served as a community center of
12 sorts for both the skating and comic book crowds. He stated that
13 after the skateboard park in Huntsville closed, there was no
14 organized place for the skaters to go and stated that for a time
15 Ms. Gold provided a place for skateboarding in back of her store.
16
17 He stated that eventually the property owners and the other
18 merchants had put a stop to this and that Ms. Gold had been
19 taking it upon herself to research the feasibility of providing a
20 public facility for skateboarders. He stated that detailed plans
21 for a public skateboard facility were presented through the
22 proper channels but noted that in the end the City did not want
23 to get involved in this, noting that skateboarding did not enjoy
24 the same reputation as other traditional sports. He stated that,
25 however, Ms. Gold's persistence had paid off and that eventually
26 it had been recognized that a city the size of Huntsville needed
27 a public skateboard facility. He stated that the facility was
0014
1 not completed until after Ms. Gold's death in January of 1993.
2 He stated that since that time thousands of local children had
3 been able to enjoy the benefits of an organized and safe place
4 for skateboarding.
5 Mr. Storey stated that there were certainly others in the
6 community who had contributed to the reality of the skateboard
7 park but noted that it was Ms. Gold's creative energy, her love
8 for children, and her ability to focus on the need to benefit a
9 great number of families in Huntsville that had helped the
10 skateboard park to become today's reality. He stated that with
11 this in mind, he felt it would be entirely fitting and
12 appropriate to name the unnamed municipal downtown skating
13 facility for his dear friend, Lydia Gold, whom he stated had been
14 such a positive influence for the youth of Huntsville and beloved
15 by so many in the city.
16 Councilman Kling stated that he had had the pleasure of
17 knowing Ms. Gold, whom he stated had certainly been a catalyst in
18 this effort, and also had been a very good role model for many
19 young persons. He stated that he would be happy to sponsor a
20 resolution to name the facility after Ms. Gold. He stated that
21 he had checked with Mr. Ralph Stone and had been informed that
22 there were no other plans for naming the facility.
23 President Moon asked that Mr. Dallas Fanning comment about
24 the concerns of the persons who lived along Todd Mill Road and
25 Aldridge Creek about the condemnation.
26 Mr. Fanning stated that as a result of the Aldridge Creek
0015
1 flooding, in addition to the City partnering with FEMA to do the
2 widening of the creek and purchasing 34 houses, the Council had
3 appointed a flood study committee, composed of persons throughout
4 the community. He stated that this committee had met for
5 approximately two years to study flooding throughout the city.
6 Mr. Fanning stated that this committee had drafted a report,
7 a storm water study that had many recommendations to the City in
8 terms of controlling flood waters in the future. He stated that
9 one of the major recommendations was that the City should own the
10 floodway and sufficient adjacent land, to include the
11 tributaries, or creeks, fee simple, for unfettered access and for
12 total ownership, so that the City could use it in the future, not
13 only for maintenance but in case it had to be widened or some
14 other treatment given to it. He stated that the Council had
15 adopted these regulations.
16 Mr. Fanning stated that in addition to that the Council had
17 funded, in 2002, money in the Capital Plan to implement and
18 execute this plan. He stated that they had been doing this. He
19 stated that this was not the only place in Huntsville where they
20 had purchased land fee simple for use for drainage. He stated
21 this would not be the only case where they had condemned property
22 for that very purpose. He stated they were in court at this time
23 on a tract of land in Mr. Russell's district that was part of
24 what they called the "Dallas Street Bypass." He stated that
25 there were no buildings on this land, that it was open, and that
26 they were in the condemnation process. He stated that they had
0016
1 actually already purchased it but the argument was about whether
2 the offer was sufficient or not.
3 Mr. Fanning stated that just north of that area they were in
4 the process of going to condemnation, noting that this property
5 had structures on it. He stated that most likely in the next two
6 weeks they would make offers on property along Pinhook Creek that
7 might include condemnation. He stated that in order to handle
8 the flows of the 100-year floods, which the city had charged them
9 with, stating that they wanted the city to be protected when the
10 100-year floods came, they recommended that the City own that
11 property, not have an easement. He stated that there was a big
12 legal difference between easements and fee-simple ownerships. He
13 stated that the goal in the City, without a time limit, was to
14 remove every structure in the floodway from the floodway. He
15 stated that by this they did not mean they intended to buy every
16 structure in the floodway but noted that it did mean they
17 intended over time, noting that this might be a 50-year goal,
18 that as they improved and widened creeks and drainageways,
19 lowering the flood elevations, that would remove some property
20 from the floodway. He stated that in other cases, like the
21 34 houses, that they could not do that, that they had to actually
22 purchase them. Mr. Fanning stated he felt this was the correct
23 policy, that he felt the position the committee took was a
24 correct position. He stated that the Council had followed this
25 with money, although not a lot in the first three years, noting,
26 however, that there was some coming in the next bond issue. He
0017
1 stated that they were doing the Council's bidding and stated he
2 felt it would be a grave mistake not to follow this policy. He
3 stated that they knew for sure that they were going to have a
4 100-year flood from time to time, noting that sometimes these
5 happened more than every 100 years.
6 Mr. Fanning stated this was the policy and this was what
7 they were executing. He stated they had trouble with easements
8 all over town, that they had trouble with easements that had
9 drainage in them, that they had trouble to some extent where
10 there were utility lines in them, noting that persons had a
11 tendency to fence these areas, and that they had a tendency, in
12 the case of the creek, to plant trees, et cetera. He stated that
13 all of this impeded the flow of floodwater.
14 Mr. Fanning stated that if this had been done in 1978 when
15 they had gone to floodway zoning, they would have been much
16 further along in terms of protecting the entire city from
17 flooding when the large storm events occurred. He stated he felt
18 it was the right policy, that they were executing this policy,
19 and they were using money to do this. He stated it was being
20 done all over the city, not just in Aldridge Creek.
21 President Moon asked Mr. Fanning whether he, as Director of
22 the Planning Department, was aware of any plans to extend the
23 greenway being on any current greenway plan in the city.
24 Mr. Fanning replied in the negative, stating that he would
25 like to address this issue. He stated that 10 years prior there
26 had been a plan to extend the greenway and stated that as a
0018
1 result of citizen opposition it had been taken off. He stated
2 that in order for any greenway to be built three actions were
3 required. He stated that, first, it would require it being on
4 the Planning Commission's Master Plan. He stated that in this
5 case this one was not there. He stated that there were persons
6 that wanted it on there, noting that some persons liked the
7 greenways and that they were widely accepted where they were
8 built. He stated that the first step would be that the plan
9 would have to be amended, noting that this would require a public
10 hearing before the Planning Commission. He stated that one of
11 the Council members sat on the Planning Commission. He stated
12 that once it was on the Plan, there were two other steps where
13 the Council had the sole authority. He stated that it would have
14 to be designed, which would mean that Mr. Cunningham, the City
15 Engineer, would have to present the Council with a contract to
16 hire someone to design it. He stated that the Council would have
17 to vote to hire the engineering firm and to pay the fee. He
18 stated that the second vote required by the Council would be to
19 vote for the money to build it.
20 Mr. Fanning stated that, to his knowledge, none of these
21 three actions had been discussed. He stated he was not aware of
22 an effort at this time to put the greenway back on the Master
23 Plan. He stated that if there were citizens that came and
24 requested it, it would go to the Planning Commission for a
25 hearing. He stated, also, that just because it was on the plan
26 did not mean it would get built. He stated the Council had sole
0019
1 authority over whether or not the greenway would ever be built.
2 Mr. Fanning stated that what he was trying to do was
3 separate the policy of flood control and the issue of whether or
4 not there would be a greenway there. He stated that the policy
5 for flood control, which the Council had adopted and he was
6 executing, was that the City should own fee simple the floodway
7 and sufficient area adjacent to the floodway to handle the
8 100-year flood, as a result of widening the creek, et cetera. He
9 stated that this was the correct policy for this area and that it
10 was a great policy for the entire city, and that it was the
11 correct policy to have as a goal the removal of every structure
12 out of the floodway. He stated that if at some point in the
13 future they were able to accomplish those goals and the city
14 received significant rain events of a 100-year or more flood,
15 then they had people whose property, as well as their lives,
16 would not be at risk. He stated that persons in the upper end of
17 Jones Valley could testify as to why it was important to remove
18 structures out of the floodway, to widen creeks, to maintain the
19 creeks. He stated that they had difficulty getting access to
20 property that they owned along the western part of Aldridge Creek
21 in the upper end of Jones Valley. He stated that they had
22 easements but that they were fenced, that trees had grown in
23 them, et cetera. He stated that persons got upset when the City
24 cut trees on their lots adjacent to the creek that were in the
25 City's easement. He stated that it was not good policy to charge
26 the City to maintain the floodways and to maintain the water
0020
1 courses without giving them the appropriate tools. He stated
2 that they had decided they needed unfettered, fee-simple
3 ownership for the floodways and the drainageways.
4 Mr. Fanning stated that the issue of the greenway was
5 separate, noting that the Council had total authority over that.
6 He stated that they had more demand for greenways in the city
7 than they had money to build.
8 Mr. Fanning stated that if the City decided they were going
9 to have several different policies for flood control and that in
10 some places they were going to have easements and other places
11 they were going to have fee simple and in some places they
12 intended to condemn and in other places they did not intend to
13 condemn, that this would not be a proper approach and that it
14 would not work. He stated that there were several of these that
15 would come before the Council in the future.
16 President Moon stated that the City was not handling the
17 acquisition of this property, at fair, appraised value, any
18 differently than any other acquisition of property along Aldridge
19 Creek or anywhere in the city.
20 Mr. Fanning stated that that was correct. He stated that
21 there was a very concise set of laws in Alabama that pertained to
22 the condemnation of property and that they followed these laws.
23 President Moon asked that Mr. Joffrion comment on this
24 matter.
25 Mr. Joffrion stated that if the Council approved the
26 resolution on the agenda, that would authorize the filing of the
0021
1 condemnation action in the Office of the Judge of Probate. He
2 stated that once the action was filed, notice would be given to
3 all the affected property owners, through the proper notification
4 method, so that they would have every opportunity to defend their
5 interests and to appear in Probate Court. He stated, that as
6 Mr. Fanning indicated, there were two issues to be decided, with
7 the first being the City's right to condemn the property and the
8 second being the issue of the value of the property being
9 condemned. He stated that the Judge of Probate would make the
10 initial determination in a hearing as to whether or not the City
11 had the right to condemn, meaning if it were for a legitimate
12 public purpose. He stated that once this determination was made,
13 then right of entry was actually given to the City. He stated
14 that this did not finish the condemnation process but that the
15 City could actually start to go ahead and do the work that it
16 might have done, using the property as if it owned it. He stated
17 that then any dispute about the value of the property could
18 continue. He stated that the owners did not have to accept what
19 the City had offered and that if there was a dispute about this,
20 that three commissioners would be appointed by the Judge of
21 Probate to make a determination of value. He stated that the
22 property owner could present whatever evidence he or she chose to
23 for the commissioners' consideration, along with the City's
24 input. He stated that the commissioners ultimately would
25 determine what the value was and that this would establish the
26 price of the property in the condemnation. He stated that if the
0022
1 property owners were still dissatisfied, they could then appeal
2 this decision to the Circuit Court and have a trial either before
3 a judge or a jury on the issue of the condemnation.
4 President Moon stated that this had been an agonizing
5 process, certainly for the homeowners involved. She stated that
6 as the representative of District 3, this was something that she
7 had spent a great deal of time on, along with the City engineers,
8 et cetera. She stated that she could not speak to the issue of a
9 greenway in the future but stated that in her mind she was
10 absolutely 100 percent convinced that this was about flood
11 mitigation and about doing what was the best thing for all the
12 people in South Huntsville. She stated that she had worked with
13 City engineers on their models, noting that their models had been
14 unbelievably accurate. She stated that they had worked to
15 minimize the effect, but stated that she was convinced if they
16 were going to protect people and property, this was something
17 that needed to be done.
18 Mayor Spencer recognized a group of clowns in the audience,
19 stating that she had a proclamation to read concerning clowns and
20 the role they played in the community. She read a proclamation
21 concerning clowns, declaring August 1 through August 7, 2003, and
22 all subsequent years, as National Clown Week for the city of
23 Huntsville.
24 A representative of the clowns present in the audience
25 expressed appreciation for the recognition. She stated that most
26 of the members of the group were Children's Hospital clowns in
0023
1 Birmingham, Alabama, and stated that they would be taking the
2 proclamations back to the hospital where they would be put on
3 display.
4 President Moon stated the next item on the agenda was Board
5 Appointment Nominations.
6 President Moon nominated Gail Perna for appointment to the
7 Huntsville Ice Skating Complex Board of Control, Position No. 1,
8 for a partial term to expire November 20, 2004.
9 President Moon 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 payment, as follows:
13 (RESOLUTION NO. 03-638)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Russell,
16 and was unanimously adopted.
17 Councilman Kling stated that budget hearings would commence
18 in approximately one month. He stated that Mr. Randy Taylor
19 would be working with the various agencies on this issue.
20 Mayor Spencer recognized Mr. Rusty Russell of EMA.
21 Mr. Russell stated that he would like to report on the
22 outcome of the flood recovery efforts to date, especially
23 concerning the public assistance that had been applied for and
24 the result of efforts in documenting losses. He stated that to
25 date the damage to infrastructure totalled approximately
26 $337,000. He stated that of this they were eligible for
0024
1 75 percent reimbursement by the Federal government and 10 percent
2 reimbursement by the State government. He stated that this would
3 total approximately $287,000 that they would be reimbursed for
4 losses during the May flooding, as well as the storm damage.
5 Mayor Spencer announced the following appointments:
6 Rabbi Jeffrey Ballon to the Human Relations Commission, for a
7 partial term to expire September 22, 2004.
8 Mr. Ed Adams to the Human Relations Commission, for a
9 partial term to expire September 22, 2004.
10 Dr. Wayne Snodgrass reappointed to the Human Relations
11 Commission, for a term to expire September 22, 2004.
12 Mayor Spencer stated that the Municipal Ice Complex was
13 offering a new place for youth to go on the weekends, stating
14 that she felt it was very important for the young people. She
15 stated that Glaciers would feature live music and a club-type
16 atmosphere that would be smoke-free and alcohol-free.
17 President Moon stated the next item on the agenda was
18 Communications from Council Members.
19 Councilman Russell stated that the Toyota plant expansion
20 would be a tremendous asset to the community.
21 Councilman Watson stated that the groundbreaking for the
22 University Drive overpass had taken place the prior week. He
23 stated that he was very pleased that this project was underway.
24 Councilman Kling stated it was his understanding that the
25 Drake Avenue/Whitesburg Drive project was running somewhat ahead
26 of schedule. He stated that one concern he had about this
0025
1 project was that on Whitesburg Drive on many occasions they had
2 had to cut the two lanes of traffic going south to one lane,
3 noting that this would cause traffic to back up from Drake Avenue
4 to Bob Wallace Avenue. He inquired of Mr. Cunningham as to
5 whether they could look at this traffic flow situation and see if
6 there was anything that could be done in this regard, noting he
7 had mentioned this problem at several prior Council meetings.
8 President Moon stated the next item on the agenda was
9 Unfinished Business Items for Action.
10 President Moon recognized Mr. Hagood, stating that the item
11 was a report by Charles E. Hagood on the Mayor vetoing Ordinance
12 No. 03-554.
13 Mr. Hagood stated that in accordance with the provisions of
14 Section 11-45-4 of the Code of Alabama 1975, he was reporting
15 that on July 20, 2003, he had received Mayor Spencer's veto of
16 Ordinance No. 03-554, adopted on July 10, 2003, along with her
17 reasons for her action. He stated it was the time and place for
18 the Council to take action or not take action on the veto.
19 President Moon stated that hearing nothing from the Council,
20 she would move on in the agenda.
21 President Moon stated the next item on the agenda was New
22 Business Items for Introduction.
23 Councilman Watson read and introduced an ordinance
24 concerning the annexation of land lying generally on the north
25 side of U.S. Highway 72 West and east of Crutcher Drive, as
26 follows:
0026
1 (ORDINANCE NO. 03-639)
2 Councilman Watson moved that unanimous consent be given for
3 the immediate consideration of and action on said ordinance,
4 which motion was duly seconded by Councilman Russell, and upon
5 said motion being put to vote, the following vote resulted:
6 AYES: Russell, Kling, Watson, Moon
7 NAYS: None
8 ABSENT: Showers
9 President Moon stated that the motion for unanimous consent
10 for immediate consideration of and action on said ordinance had
11 been unanimously carried.
12 Councilman Watson thereupon moved that said ordinance be
13 finally adopted, which motion was duly seconded by
14 Councilman Russell.
15 Councilman Russell inquired as to why it had been asked that
16 the matter be considered at this time.
17 Ms. Marie Bostick stated that this concerned an existing
18 business located on Highway 72 West, near County Line Road, on
19 the west side of Madison. She stated that these persons were
20 anxious to be connected to City services and this was the reason
21 they had requested that this matter be acted on at this time.
22 President Moon called for the vote on the above ordinance,
23 and it was unanimously adopted.
24 Councilman Watson read and introduced an ordinance
25 concerning the annexation of land lying generally along the east
26 side of Brooks Circle and north of Caldwell Lane, as follows:
0027
1 (ORDINANCE NO. 03-640)
2 Councilman Watson moved that unanimous consent be given for
3 the immediate consideration of and action on said ordinance,
4 which motion was duly seconded by Councilman Kling, and upon said
5 motion being put to vote, the following vote resulted:
6 AYES: Russell, Kling, Watson, Moon
7 NAYS: None
8 ABSENT: Showers
9 President Moon stated that the motion for unanimous consent
10 for immediate consideration of and action on said ordinance had
11 been unanimously carried.
12 Councilman Kling thereupon moved that said ordinance be
13 finally adopted, which motion was duly seconded by
14 Councilman Watson.
15 Councilman Russell inquired as to why it had been asked that
16 the matter be considered at this time.
17 Ms. Bostick stated that this concerned three existing homes
18 in the Hampton Cove area and stated the parents were attempting
19 to get their students enrolled in the Hampton Cove school.
20 President Moon called for the vote on the above ordinance,
21 and it was unanimously adopted.
22 President Moon read and introduced Ordinance No. 03-641,
23 concerning the annexation of land lying on the west side of
24 Moores Mill Road.
25 President Moon read and introduced Ordinance No. 03-642 to
26 amend Ordinance No. 93-571, creating the Community Development
0028
1 Citizens Advisory Council.
2 President Moon stated the next item on the agenda was New
3 Business Items for Consideration or Action.
4 Councilman Watson read and introduced a resolution
5 authorizing condemnation of land for Aldridge Creek Channel
6 Improvements, Phase II, as follows:
7 (RESOLUTION NO. 03-643)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling.
10 President Moon called for the vote on the above resolution,
11 and the following vote resulted:
12 AYES: Russell, Kling, Moon
13 NAYS: Watson
14 ABSENT: Showers
15 Councilman Watson read and introduced a resolution
16 authorizing condemnation of a temporary construction easement
17 over parcels of land for the Bob Wallace and Leeman Ferry Road
18 Project, as follows:
19 (RESOLUTION NO. 03-644)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling.
22 President Moon called for the vote on the above resolution,
23 and the following vote resulted:
24 AYES: Russell, Kling, Moon
25 NAYS: Watson
26 ABSENT: Showers
0029
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to sign the plat for Chelsea Industrial
3 Park, Phase IV, as follows:
4 (RESOLUTION NO. 03-645)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling.
7 President Moon called for the vote on the above resolution,
8 and the following vote resulted:
9 AYES: Russell, Kling, Moon
10 NAYS: Watson
11 ABSENT: Showers
12 Councilman Watson read and introduced a resolution
13 authorizing acceptance of donation of four (4) 250 ft. rolls of
14 fiber optical cable from ADTRAN, Inc., to Huntsville Police
15 Department, for use with the bomb robot, value of material $400;
16 donation of one (1) 2003 Toro aerator from Friends of Soccer of
17 North Alabama, Inc., valued at $17,500 to help improve the
18 standard of city soccer fields; donation of $1,000 from
19 Richard Mohlere to Animal Services for care of animals; and
20 donation of $1,000 from Englehard Corp. to Emergency Management
21 for display materials for Public Outreach, as follows:
22 (RESOLUTION NO. 03-646)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Kling.
25 President Moon called for the vote on the above resolution,
26 and the following vote resulted:
0030
1 AYES: Russell, Kling, Moon
2 NAYS: Watson
3 ABSENT: Showers
4 Councilman Watson read and introduced an ordinance to amend
5 Budget Ordinance No. 02-721, adopted and approved on
6 September 26, 2002, by changing appropriated funding and
7 authorized personnel strength within various departments, as
8 follows:
9 (ORDINANCE NO. 03-647)
10 Councilman Watson moved for approval of the foregoing
11 ordinance, which motion was duly seconded by Councilman Kling.
12 President Moon called for the vote on the above resolution,
13 and the following vote resulted:
14 AYES: Russell, Kling, Moon
15 NAYS: Watson
16 ABSENT: Showers
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into agreements with the low
19 bidders meeting specifications as outlined in the attached
20 Summary of Bids for Acceptance, as follows:
21 (RESOLUTION NO. 03-648)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling.
24 President Moon called for the vote on the above resolution,
25 and the following vote resulted:
26
0031
1 AYES: Russell, Kling, Moon
2 NAYS: Watson
3 ABSENT: Showers
4 Councilman Watson read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with Volkert &
6 Associates, Inc., for appraisal services for Chaney Thompson,
7 Project #STPOA-8502 & Taylor Road/Sutton Road, Project
8 #STPOA-4500, as follows:
9 (RESOLUTION NO. 03-649)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling.
12 President Moon called for the vote on the above resolution,
13 and the following vote resulted:
14 AYES: Russell, Kling, Moon
15 NAYS: Watson
16 ABSENT: Showers
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into an agreement with Barge,
19 Waggoner, Sumner & Cannon, Inc., for engineering design services
20 for City Streets Resurfacing, Phase IV, Project #65-03-RR02, as
21 follows:
22 (RESOLUTION NO. 03-650)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Kling.
25 President Moon called for the vote on the above resolution,
26 and the following vote resulted:
0032
1 AYES: Russell, Kling, Moon
2 NAYS: Watson
3 ABSENT: Showers
4 Councilman Watson read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with Civil
6 Solutions, L.L.P., for engineering services for James Road
7 Sanitary Sewer, Project #65-03-SS23, as follows:
8 (RESOLUTION NO. 03-651)
9 Councilman Watson moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling.
11 President Moon called for the vote on the above resolution,
12 and the following vote resulted:
13 AYES: Russell, Kling, Moon
14 NAYS: Watson
15 ABSENT: Showers
16 Councilman Watson read and introduced a resolution
17 authorizing the Mayor to amend the contract with Sue-Jac, Inc.,
18 for Big Cove Wastewater Treatment Plant Improvements, Project
19 #CS-010307-08-03, by Change Order No. 4, as follows:
20 (RESOLUTION NO. 03-652)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling.
23 President Moon called for the vote on the above resolution,
24 and the following vote resulted:
25 AYES: Russell, Kling, Moon
26 NAYS: Watson
0033
1 ABSENT: Showers
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to amend the contract with Civil Solutions,
4 L.L.P., for the Design for Preliminary Engineering Services for
5 the Extension of Rideout Road, by Modification No. 3, as follows:
6 (RESOLUTION NO. 03-653)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Kling.
9 President Moon called for the vote on the above resolution,
10 and the following vote resulted:
11 AYES: Russell, Kling, Moon
12 NAYS: Watson
13 ABSENT: Showers
14 Councilman Watson read and introduced a resolution
15 authorizing the Mayor to submit an Interoperable Communication
16 Equipment grant application to the Emergency Response and
17 Preparedness Directorate in the approximate amount of $3 million,
18 as follows:
19 (RESOLUTION NO. 03-654)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling.
22 President Moon called for the vote on the above resolution,
23 and the following vote resulted:
24 AYES: Russell, Kling, Moon
25 NAYS: Watson
26 ABSENT: Showers
0034
1 Councilman Kling read and introduced a resolution
2 authorizing the Clerk-Treasurer to invoke the performance bond
3 for Carlton Cove Community Subdivision, as follows:
4 (RESOLUTION NO. 03-655)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Russell.
7 Councilman Kling asked for an explanation of the above
8 resolution.
9 Mr. Joffrion stated that when subdivision improvements had
10 not been completed and accepted and the time was close to
11 expiring the City went ahead and completed the process of
12 invoking the bond, to assure there was security for installation
13 of the improvements.
14 President Moon called for the vote on the above resolution,
15 and it was unanimously adopted.
16 Councilman Kling read and introduced a resolution
17 authorizing the City Attorney to seek forfeiture of the surety
18 bond issued by RLI Surety Insurance Company, as follows:
19 (RESOLUTION NO. 03-656)
20 Councilman Kling moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Russell.
22 Councilman Kling asked for an explanation of the above
23 resolution.
24 Mr. Joffrion stated that this was a bond to secure payment
25 of sales taxes, noting that these had not been paid and that this
26 was a routine invocation of such a bond.
0035
1 President Moon called for the vote on the above resolution,
2 and it was unanimously adopted.
3 Councilman Kling read and introduced a resolution
4 authorizing the Mayor to enter into an agreement with North
5 Alabama Baseball Association for football officials, as follows:
6 (RESOLUTION NO. 03-657)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Russell.
9 Councilman Kling asked for an explanation of the above
10 resolution.
11 Mr. Ralph Stone stated that this was an agreement for the
12 youth football program, to accommodate the need for officials
13 during games.
14 President Moon called for the vote on the above resolution,
15 and it was unanimously adopted.
16 Councilman Russell read and introduced a resolution
17 authorizing the Mayor to enter into an agreement with AMEC for
18 Hydrologic & Hydraulic Engineering Services for Pinhook Creek
19 Watershed Study, Phase II, Project #65-03- DM47, as follows:
20 (RESOLUTION NO. 03-658)
21 Councilman Russell moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling.
23 Councilman Russell asked Mr. Cunningham for an explanation
24 of the above resolution.
25 Mr. Cunningham stated that the engineering agreement was
26 necessary for watershed computer models, similar to what they had
0036
1 on Aldridge Creek, for the streams within the Pinhook Creek
2 Watershed.
3 Councilman Russell inquired as to what Mr. Cunningham was
4 hoping to gain from the computer models.
5 Mr. Cunningham stated the models would simulate the actual
6 conditions in all the watersheds or streams and allow them to
7 simulate what would happen to a stream if channel improvements,
8 these types of changes, took place, and to simulate what impact
9 this would have on flooding.
10 President Moon called for the vote on the above resolution,
11 and it was unanimously adopted.
12 Councilman Kling read and introduced a resolution
13 authorizing the Mayor to declare Huffman, Inc., in default of the
14 contract for Western Area WWTP 5 MGD Expansion and Improvements,
15 Project #CS-010307-08-2, as follows:
16 (RESOLUTION NO. 03-659)
17 Councilman Kling moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Russell.
19 Councilman Kling asked for an explanation of the above
20 resolution.
21 Mr. Cunningham stated that Huffman, Inc., was the contractor
22 for the Western Area Treatment Plant upgrade. He stated that
23 this action would declare the contractor in default of its
24 contract, based on delinquent performance. He stated that if
25 approved, they would notify the contractor of the action and give
26 him 10 days to rectify his performance, stating that if he failed
0037
1 to do so, they would seek termination of the contract, which he
2 stated would require additional Council action.
3 Councilman Kling inquired as to whether payment had been
4 stopped to the contractor until this matter were resolved.
5 Mr. Cunningham replied in the affirmative, stating that this
6 had been done some time ago.
7 Councilman Russell inquired as to whether if they had to
8 obtain another contractor to finish the project they would have
9 to pay another consultant.
10 Mr. Joffrion stated that the same contractor might very well
11 finish the project, noting that it would be in the best interest
12 of the City if the contractor did go ahead and perform under the
13 contract. He stated that if there was an extension of the
14 contract term and additional contract administration services
15 were required, there would usually be a change order to the
16 contract with the contract administrator. He stated that this
17 would require more funds and stated that traditionally these
18 funds had been charged back against the contract.
19 President Moon called for the vote on the above resolution,
20 and it was unanimously adopted.
21 Councilman Kling read and introduced a resolution approving
22 the application seeking permission to incorporate the Educational
23 Building Authority of the City of Huntsville-West, as follows:
24 (RESOLUTION NO. 03-660)
25 Councilman Kling moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Watson.
0038
1 Mr. Joffrion stated that the above resolution concerned one
2 of a number of educational building authorities that the City of
3 Huntsville had established over time. He stated that this
4 concerned establishing a new one for Catholic High School, for
5 educational facilities.
6 President Moon called for the vote on the above resolution,
7 and it was unanimously adopted.
8 President Moon stated the next item on the agenda was Legal
9 Department Items/Transactions.
10 President Moon stated that item 16.b.1.a and 16.b.1.b had
11 been deleted from the agenda.
12 Councilman Watson read and introduced an ordinance
13 authorizing the vacation of two 7.5-foot utility and drainage
14 easements between Lots 207 & 208, Tammarack Lakes 5th Addition,
15 Plat Book 38, Page 93 (2914 Oakleigh Lane; Koepplinger), as
16 follows:
17 (ORDINANCE NO. 03-661)
18 Councilman Watson moved for approval of the foregoing
19 ordinance, which motion was duly seconded by Councilman Russell,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance
22 authorizing the vacation of a 10-foot utility and drainage
23 easement between Lots 1 & 2, Resubdivision of Commerce 2000, Plat
24 Book 40, Page 22 (Hobbs Road), as follows:
25 (ORDINANCE NO. 03-662)
26 Councilman Watson moved for approval of the foregoing
0039
1 ordinance, which motion was duly seconded by Councilman Russell,
2 and was unanimously adopted.
3 Councilman Watson read and introduced an ordinance
4 authorizing the vacation of a 5-foot utility and drainage
5 easement along the east side of Lot 33, Hampton Manor, Phase Two,
6 Plat Book 43, Page 92 (Frankford Drive; Alabama Pinnacle Homes),
7 as follows:
8 (ORDINANCE NO. 03-663)
9 Councilman Watson moved for approval of the foregoing
10 ordinance, which motion was duly seconded by Councilman Russell,
11 and was unanimously adopted.
12 Councilman Watson read and introduced an ordinance
13 authorizing the vacation of a portion of a 15-foot utility and
14 drainage easement along the rear lot line of Lot 9, Block 2,
15 Bailweather Pines, Plat Book 16, Page 83 (Waldrop Drive; Gill),
16 as follows:
17 (ORDINANCE NO. 03-664)
18 Councilman Watson moved for approval of the foregoing
19 ordinance, which motion was duly seconded by Councilman Russell,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance
22 authorizing the vacation of a portion of the south 15-foot
23 utility and drainage easement and a portion of the east 10-foot
24 utility and drainage easement, of Lot 23, Block 8, Chapman
25 Heights, 12th Addition, Plat Book 5, Page 91 (Epworth Drive;
26 Lovoy), as follows:
0040
1 (ORDINANCE NO. 03-665)
2 Councilman Watson moved for approval of the foregoing
3 ordinance, which motion was duly seconded by Councilman Russell,
4 and was unanimously adopted.
5 President Moon stated the next item on the agenda was
6 Non-Roster Communications from the Public.
7 Ms. Christine Gibson, 10109 Todd Mill Road, appeared before
8 the Council, stating that the day before the 100-year flood her
9 son had been visiting from Texas and that they had walked down
10 the creek and that she had stated it was a flood waiting to
11 happen, stating that the creek was full of trees and bushes. She
12 stated the next day she had phoned her son and advised him that
13 the flood had happened. She stated she certainly hoped the
14 Council had some maintenance in mind to keep up with this
15 situation.
16 Mr. Britton again appeared before the Council, stating that
17 he would like to speak to the position that the City required
18 ownership rather than granting easements because people abused
19 easements, that they built in them, planted in them, et cetera.
20 He stated that the City had a working inspection program that he
21 felt could address this situation. He stated that laxity of
22 enforcement of the regulations was not a good reason to be taking
23 his back yard from him. He stated this was a bad solution to a
24 problem that had been allowed to happen over the years.
25 Mr. Bill Gibson appeared before the Council, stating that
26 the Council did not have to condemn their property, that it was
0041
1 offered to them for free, noting that this would result in a
2 savings of approximately 90 to 100 thousand dollars to the City,
3 to come in and do the flood work, if they would just leave the
4 greenway off.
5 President Moon inquired as to whether there was anyone else
6 who wished to address the Council.
7 There was no response.
8 Mayor Spencer asked Mr. Stone to speak before the Council.
9 Mr. Ralph Stone stated that the Alabama High School Athletic
10 Association had voted, at the City's request, to extend the state
11 soccer championships in Huntsville for three years past the
12 current agreement, noting that the City would have the tournament
13 for an additional five years. He stated that this would provide
14 a great opportunity to keep quality soccer in the city.
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