1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD JUNE 10, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on June 10, 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.
16 Pastor C. Curtis Eason of the Antioch Baptist Church led the
17 invocation; Councilman Watson led the pledge of allegiance.
18 The minutes of the regular meeting of the Council on May 26,
19 2004, were approved as submitted.
20 Mayor Spencer recognized Chief Compton Owens, commending the
21 Police Department for having received its third accreditation.
22 She stated that she was very proud of the professionalism within
23 the department, as well as the fact that they set a standard for
24 the entire southeast area of the United States, as well as
25 nationally.
26 Chief Owens expressed appreciation for the recognition,
27 stating that the reaccreditation had gone very smoothly, noting
28 that the department had complied with more than 350 applicable
29 standards of performance. He stated that his department was very
30 proud to be a part of this process and that they were very proud
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1 to bring an accredited agency to the community.
2 Chief Owens stated that the department's accreditation
3 manager had played a large role in this process, noting that she
4 had taken the helm late in 2003 and had managed the project in an
5 exemplary manner. He stated that this person was Lt. Sherry
6 Jackson. He stated that she had worked long, hard hours on this
7 project and had kept the stress off him as well as others in the
8 department.
9 Mayor Spencer and Chief Owens presented a certificate of
10 appreciation to Lt. Jackson from the Commission on Accreditation
11 for Law Enforcement Agencies.
12 Chief Owens recognized Captain Andy Jackson.
13 Captain Jackson recognized Officer Jennifer Watkins and
14 Officer Jason Clarke.
15 Captain Jackson stated that Officer Watkins and
16 Officer Clarke had recently saved the life of a person with a
17 medical problem on a call they had answered. He stated that if
18 it had not been for their quick actions, the person would have
19 died. He stated that for the officers' actions in this matter,
20 they were being awarded the Department's Life-Saving Medal.
21 Chief Owens presented the medals to Officer Watkins and
22 Officer Clarke.
23 President Russell stated that item 2.a. on the agenda had
24 been deleted.
25 President Russell stated the next item on the agenda was
26 Public Hearings to be Held.
0003
1 President Russell stated it was the time and place in the
2 meeting for a public hearing on Ordinance No. 04-345, an
3 amendment to the Zoning Ordinance to permit three-story
4 apartments in Residence 2-A districts, which hearing was set at
5 the May 13, 2004, Regular Council Meeting.
6 Ms. Marie Bostick stated that the amendment was to the
7 Residence 2-A classifications. She stated that currently there
8 were two residential classifications that allowed apartments,
9 being R2-A and R2-B. She stated that R2-A had a maximum height
10 limit of two stories and 30 feet, whereas R2-B had three stories
11 and 45 feet. She stated that recently there had been a demand
12 for three-story apartments, noting that in three of the last
13 apartment complexes that had been constructed there had been
14 requested three stories and that the property had either had to
15 be rezoned to 2-B or variances had been requested. She stated
16 that all of these were granted and the three-story apartments had
17 been constructed. She stated that many times when property was
18 rezoned to 2-B, other incompatible uses, such as offices and
19 trailer parks, could potentially be allowed. She stated that the
20 amendment before the Council was to allow a three-story apartment
21 in an R2-A district so that they could have pure residential
22 usage. She stated that this had been presented to the Planning
23 Commission and was being recommended unanimously to the Council.
24 President Russell inquired as to whether there was anyone in
25 the audience who wished to speak concerning this matter.
26 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
0004
1 Council, inquiring as to whether persons residing in the
2 neighborhoods where these changes would occur had been notified
3 of the changes.
4 Ms. Bostick stated that this would be a citywide ordinance
5 change, so that there would be no specific neighborhoods. She
6 stated that currently a single-family home in an R2-A District
7 could be 2 1/2 stories and 35 feet. She noted that there would
8 be only a 5-foot difference between a single-family home and what
9 would be a multi-family home in the said district.
10 Councilman Watson moved for approval of Ordinance
11 No. 04-345, amending the Zoning Ordinance to permit 3-story
12 apartments in Residence 2-A districts.
13 Said motion was duly seconded by Councilman Kling.
14 President Russell stated that he had a concern about this
15 matter, noting that in his district some residents were opposed
16 to 3-story apartments because of privacy issues, noting that
17 these could be constructed at the back of persons' property
18 lines, looking into their neighborhoods, and that they felt these
19 would be obtrusive. He inquired as to how this could be
20 addressed and whether it could be addressed through the Planning
21 Commission, to stop such construction.
22 Ms. Bostick stated that if the amendment before the Council
23 were passed, 3-story apartment buildings could be constructed
24 close to rear property lines. She stated that in older areas
25 where there were predominantly 1-story houses, this would create
26 a more diverse height difference. She stated that this matter
0005
1 could be addressed through the ordinance, noting that there could
2 be an amendment that could include set-back requirements from the
3 property line for a 3-story structure if there were an existing
4 Residence 1-A or 1 district.
5 Councilwoman Moon stated she also had concerns in this
6 regard and inquired of Mr. Joffrion concerning sending the matter
7 back to the Planning Commission to have this issue addressed.
8 Mr. Joffrion stated that the Council could postpone the
9 decision on this matter. He stated that if it were sent back to
10 the Planning Commission for further consideration by the Planning
11 Commission, it would then be readvertised and come back before
12 the Council if it were approved by the Planning Commission.
13 Councilwoman Moon moved to send the matter back to the
14 Planning Commission.
15 Said motion was duly seconded by Councilman Kling.
16 President Russell called for the vote on Councilwoman Moon's
17 motion, and it was unanimously approved.
18 President Russell stated it was the time and place in the
19 meeting for a public hearing on Ordinance No. 04-347, concerning
20 the zoning of newly annexed land lying generally on the west side
21 of Nance Road and on the south side of Capshaw Road to Residence
22 2 District, which hearing was set at the May 13, 2004, Regular
23 Council Meeting.
24 Ms. Bostick stated that this property was 48.8 acres of
25 newly annexed land in the northwestern part of the community and
26 that it was proposed for a residential subdivision.
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. 04-347, concerning the zoning of newly annexed land lying
6 generally on the west side of Nance Road and on the south side of
7 Capshaw Road to Residence 2 District, which ordinance was
8 introduced at the May 13, 2004, Regular Council Meeting, as
9 follows:
10 (ORDINANCE NO. 04-347)
11 Said motion was duly seconded by Councilman Showers.
12 President Russell called for the vote on the above
13 ordinance, and it was unanimously adopted.
14 President Russell stated it was the time and place in the
15 meeting for a public hearing on Ordinance No. 04-349, concerning
16 the zoning of newly annexed land lying generally on the west side
17 of U.S. Highway 431 South and south of Taylor Lane to Residence 1
18 District, which was set at the May 13, 2004, Regular Council
19 Meeting.
20 Ms. Bostick stated that this property was approximately
21 345 acres of newly annexed land. She stated that it was the
22 Goldsmith Wildlife Sanctuary, located in the southeast part of
23 the community, in the Big Cove area. She stated that the
24 recommendation was for the property to be zoned Residence 1
25 District.
26 President Russell inquired to whether there was anyone in
0007
1 the audience who wished to speak concerning this matter.
2 There was no response.
3 Councilman Watson moved for approval of Ordinance
4 No. 04-349, concerning the zoning of newly annexed land lying
5 generally on the west side of U.S. Highway 431 South and south of
6 Taylor Lane to Residence 1 District, which ordinance was
7 introduced at the May 13, 2004, Regular Council Meeting, as
8 follows:
9 (ORDINANCE No. 04-349)
10 Said motion was duly seconded by Councilman Showers.
11 President Russell called for the vote on the above
12 ordinance, and it was unanimously adopted.
13 President Russell stated it was the time and place in the
14 meeting for a public hearing on Ordinance No. 04-351, concerning
15 the zoning of newly annexed land lying generally on the west side
16 of Green Valley Road and north of Hartford Road to Residence 1
17 District, which hearing was set at the May 13, 2004, Regular
18 Council Meeting.
19 Ms. Bostick stated that this concerned a 1-acre tract of
20 land with an existing house on the property. She stated that it
21 was located in the southeast part of the community and was
22 recommended for Residence 1 District.
23 President Russell inquired as to whether there was anyone in
24 the audience who wished to speak concerning this matter.
25 There was no response.
26 President Russell moved for approval of Ordinance No.
0008
1 04-351, concerning the zoning of newly annexed land lying
2 generally on the west side of Green Valley Road and north of
3 Hartford Road to Residence 1 District, which ordinance was
4 introduced at the May 13, 2004, Regular Council Meeting, as
5 follows:
6 (ORDINANCE NO. 04-351)
7 Said motion was duly seconded by Councilman Watson.
8 President Russell called for the vote on the above
9 ordinance, and it was unanimously adopted.
10 President Russell stated it was the time and place in the
11 meeting for a public hearing on Ordinance No. 04-353, concerning
12 the zoning of newly annexed land lying generally along the south
13 side of U.S. Highway 72 West and east of Slaughter Road to
14 Highway Business C-4 District, which hearing was set at the
15 May 13, 2004, Regular Council Meeting.
16 Ms. Bostick stated that this property consisted of
17 9.74 acres of newly annexed land located on the south side of
18 Highway 72 West, near Wilson Lumber Company.
19 President Russell inquired as to whether there was anyone in
20 the audience who wished to speak concerning this matter.
21 There was no response.
22 Councilman Watson moved for approval of Ordinance
23 No. 04-353, concerning the zoning of newly annexed land lying
24 generally along the south side of U.S. Highway 72 West and east
25 of Slaughter Road to Highway Business C-4 District, which was
26 introduced at the May 13, 2004, Regular Council Meeting, as
0009
1 follows:
2 (ORDINANCE NO. 04-353)
3 Said motion was duly seconded by Councilman Showers.
4 Councilman Watson stated that this was another example of
5 all the land the City had annexed in the western portion of his
6 district. He stated that when property was zoned C-4, this meant
7 the property would be used for a business of some type that would
8 result in sales tax revenue to the City. He stated that he
9 wanted everyone to be aware of what was happening in the western
10 portion of the city, noting that there were 5,000 new homes being
11 built in District 5. He stated that this was all as a result of
12 the TIFs and the new schools. He stated that it was amazing to
13 watch the growth that was coming into the community.
14 President Russell called for the vote on Ordinance
15 No. 04-353, 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. 04-355, concerning
18 the zoning of newly annexed land lying generally at the northwest
19 corner of U.S. Highway 72 West and Old Railroad Bed Road to
20 Highway Business C-4 District, which hearing was set at the
21 May 13, 2004, Regular Council Meeting.
22 Ms. Bostick stated that this property was a 1-acre tract of
23 land located at the intersection of Old Railroad Bed Road and
24 Highway 72 West. She stated that there was an existing
25 convenience store on this property and that the recommendation
26 was Highway Business C-4.
0010
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. 04-355, concerning the zoning of newly annexed land lying
6 generally at the northwest corner of U.S. Highway 72 West and
7 Old Railroad Bed Road to Highway Business C-4 District, which
8 hearing was introduced at the May 13, 2004, Regular Council
9 Meeting, as follows:
10 (ORDINANCE NO. 04-355)
11 Said motion was duly seconded by Councilman Showers.
12 President Russell called for the vote on the above
13 ordinance, and it was unanimously adopted.
14 President Russell stated it was the time and place in the
15 meeting for a public hearing on a resolution to grant a license
16 to William Chance Rosic, d/b/a Chances Are Limousine Service, to
17 operate one (1) limousine in the City of Huntsville, which
18 hearing was set at the May 26, 2004, Regular Council Meeting
19 Mr. Tommy Brown stated that this concerned a new limousine
20 company which wanted to operate one limousine. He stated that
21 the paperwork was in order for the Council's consideration after
22 the public hearing.
23 President Russell inquired as to whether there was anyone in
24 the audience who wished to speak concerning this matter.
25 There was no response.
26 President Russell read and introduced a resolution to grant
0011
1 a license to William Chance Rosic, d/b/a Chances Are Limousine
2 Service, to operate one (1) limousine in the City of Huntsville,
3 as follows:
4 (RESOLUTION NO. 04-420)
5 President Russell moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 President Russell stated the next item on the agenda was
9 Public Hearings to Be Set.
10 Councilman Kling read and introduced a resolution to set a
11 public hearing for B&W Carriage Service for three (3) horse-drawn
12 carriages on June 24, 2004, as follows:
13 (RESOLUTION NO. 04-421)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Showers read and introduced a resolution to set a
18 public hearing on an ordinance to rezone land lying generally on
19 the east side of Old Railroad Bed Road and north of U.S.
20 Highway 72 West from Neighborhood Business C-1 District to
21 Residence 2-A District, on July 22, 2004, as follows:
22 (RESOLUTION NO. 04-422)
23 Councilman Showers moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted.
26 Councilman Showers read and introduced Ordinance No. 04-423
0012
1 concerning the rezoning of land lying generally on the east side
2 of Old Railroad Bed Road and north of U.S. Highway 72 West from
3 Neighborhood Business C-1 District to Residence 2-A District.
4 Councilwoman Moon read and introduced a resolution to set a
5 public hearing on the zoning of newly annexed land lying
6 generally on the east side of Old Railroad Bed Road and north of
7 U.S. Highway 72 West to Residence 2-A District, on July 22, 2004,
8 as follows:
9 (RESOLUTION NO. 04-424)
10 Councilwoman Moon moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Showers,
12 and was unanimously adopted.
13 Councilwoman Moon read and introduced Ordinance No. 04-425,
14 concerning the zoning of newly annexed land lying generally on
15 the east side of Old Railroad Bed Road and north of U.S. Highway
16 72 West to Residence 2-A District.
17 Councilwoman Moon read and introduced a resolution to set a
18 public hearing on the zoning of newly annexed land lying
19 generally west of Taylor Road, south of Olmstead Road and north
20 of Saddle Ridge subdivision to Residence 1-B District, on
21 July 22, 2004, as follows:
22 (RESOLUTION NO. 04-426)
23 Councilwoman Moon moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Showers,
25 and was unanimously adopted.
26 Councilwoman Moon read and introduced Ordinance No. 04-427,
0013
1 concerning the zoning of newly annexed land lying generally west
2 of Taylor Road, south of Olmstead Road and north of Saddle Ridge
3 subdivision to Residence 1-B District.
4 Councilman Watson read and introduced a resolution to set a
5 public hearing on the zoning of newly annexed land lying
6 generally at the west end of Rothmore Drive, west of South
7 Memorial Parkway, to Residence 1-A District, on July 22, 2004, as
8 follows:
9 (RESOLUTION NO. 04-428)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by
12 Councilwoman Moon, and was unanimously adopted.
13 Councilman Watson read and introduced Ordinance No. 04-429,
14 concerning the zoning of newly annexed land lying generally at
15 the west end of Rothmore Drive, west of South Memorial Parkway,
16 to Residence 1-A District.
17 Councilman Showers read and introduced a resolution to set a
18 public hearing on an ordinance to rezone land lying generally on
19 the east side of Blake Bottom Road and north of Stringfield Road
20 from Planned Industrial District to Residence 2-B District, on
21 July 22, 2004, as follows:
22 (RESOLUTION NO. 04-430)
23 Councilman Showers moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted.
26 Councilman Showers read and introduced Ordinance No. 04-431,
0014
1 concerning the rezoning of land lying generally on the east side
2 of Blake Bottom Road and north of Stringfield Road from Planned
3 Industrial District to Residence 2-B District.
4 President Russell stated the next item on the agenda was
5 Communications from the Public.
6 Mr. Timothy Cribbs, 2411 Moore Avenue, appeared before the
7 Council, stating that he would be speaking on behalf of the
8 community in the Terry Heights area. He stated that the
9 residents in this area had some concerns about the roads, noting
10 that they needed speed bumps, as well as needing to be
11 resurfaced. He stated that the roads they were concerned with
12 were Hammonds Avenue, Moore Avenue, Wilson Avenue, and Meadow
13 Drive, as well as other roads in the area. He stated that speed
14 bumps were especially needed on the corner of Moore Avenue and
15 Hammonds Avenue, noting there was a day care center located on
16 this corner and that there were constantly speeders in the area.
17 Mr. Cribbs stated that grass was growing in the sidewalks
18 and the weeds needed to be cut back behind the Habitat homes,
19 which was property the City owned, and that it also needed
20 cutting on Wilson Avenue. He stated that on Moore Avenue there
21 were only two street lights and noted that the bulbs in both of
22 these lights needed to be replaced. He stated that they also
23 needed another light on this street. He stated that the drains
24 in the area needed to be cleaned, especially the drains on
25 Hammonds Avenue near Wilson Avenue. He stated that some of the
26 houses needed to be condemned because they did not meet the
0015
1 housing code. He stated that many reports had been filed
2 concerning this and that nothing had been done about it. He
3 stated that this gave the community a bad image.
4 Mr. Cribbs stated that, most importantly, they needed more
5 police patrol in the area. He stated that as taxpayers, the
6 persons in the community felt their voices should be heard. He
7 stated that they wanted their community to grow and that their
8 main goal was to provide a safer and cleaner place for their
9 children. He stated that they felt the Council could assist them
10 in doing this.
11 Councilman Showers stated to Mr. Galloway that there had
12 been numerous citations in the area that Mr. Cribbs had mentioned
13 and stated that he understood the process was that by law
14 citizens were given a certain number of days to correct problems.
15
16 He asked that Mr. Galloway explain to Mr. Cribbs the process
17 concerning dilapidated buildings and grass that was too high.
18 Councilman Showers stated he would discuss the matter of the
19 grass and the streets in the area with Mr. Hatfield.
20 Councilman Showers stated that he wanted Mr. Cribbs to know
21 that the Council was certainly sensitive to the concerns he had
22 brought before them at this time. He stated there was a new
23 program called "traffic calming" and stated that when they could
24 identify neighborhoods that had speeders and persons that were
25 cutting through neighborhoods, this was a program to remedy that
26 and stated there was a process by which this was to be put in
27 place. He stated that the Engineering Department was contacted
0016
1 and that they sent out a survey and that the neighborhood was
2 canvassed and that if 60 percent of the persons who lived on a
3 street signed the document, the Police Department, along with the
4 Engineering Department, would make a decision as to whether or
5 not this would be installed. He stated that he would have the
6 appropriate person to contact him and meet with him to arrange a
7 meeting with the citizens in the area to address the concerns
8 Mr. Cribbs had raised. He stated that he certainly appreciated
9 Mr. Cribbs coming before the Council with this matter.
10 Councilman Showers asked that Mr. Cribbs meet with
11 Mr. Galloway outside the Council Chambers and discuss some of his
12 concerns.
13 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
14 Council, stating to Councilman Showers that his neighbors were
15 not happy that his street was paved and theirs were not. She
16 stated that he should look into this matter. She stated that
17 Park Lane was another street that people were asking that
18 something be done about.
19 Ms. Reed stated that there was always talk about what would
20 be done downtown or over the mountain and stated that while she
21 was for economic development, she felt that some of the streets
22 that needed repair should be taken care of and given a priority,
23 as well as other things that needed to be done. She stated that
24 she felt the Planning Department needed to be turned around in a
25 different direction and start working for all the people rather
26 than the developers. She stated that she felt this had been
0017
1 going on for too many years. She noted that the traffic in the
2 city was really getting out of hand. She stated that she felt
3 Old Madison Pike would not be paved during her lifetime because
4 the City had put its priority in another direction. She stated
5 that downtown there was a hotel and a riverwalk going on and that
6 the streets had been put on the back burners. She stated that
7 government was supposed to be for all the people. She stated she
8 had seen in the newspaper recently that Enfinger and the Planning
9 Department were going to annex the mountain without a public
10 hearing. She asked the Council not to let this happen.
11 Ms. Reed stated that while she felt 911 was doing a good
12 job, it was difficult to get them to respond without several
13 questions and noted that they were slow in getting assistance
14 sent out to the caller.
15 Mr. Robert McKee, 1701 Waller Road, appeared before the
16 Council, stating he would like to address the naming of the new
17 tennis courts the City was building. He stated that he would
18 like to speak at this time concerning a man who was considered
19 "Mr. Tennis" in the city of Huntsville, being "Brick" Warden. He
20 stated that the experience, endeavors, leadership, and
21 accomplishments of former Huntsville tennis pro "Brick" Warden
22 far surpassed those of any other tennis aficionado in the city.
23 He stated that there were also other athletic endeavors in which
24 Mr. Warden excelled. He stated that during his playing days
25 Mr. Warden had played most of the top professional tennis players
26 of the era, often winning against such distinguished competition,
0018
1 both foreign and American. He stated that while attending the
2 University of the South at Sewanee, Mr. Warden had played tennis,
3 varsity basketball, and had also been invited to play football.
4 He stated that he had been a four-year letterman at Huntsville
5 High School and had captained an undefeated state championship
6 team his senior year. He stated he had also captained the tennis
7 team and had been ranked in the top three players in the state
8 for that year. He stated he had also won state titles in table
9 tennis and badminton while attending the University of the South.
10 Mr. McKee stated that during his tennis career Mr. Warden
11 had been ranked among the top five players in the South for many
12 years. He stated that in 1986 he had been voted
13 Huntsville-Madison County's best all-time tennis player. He
14 stated that he had received the World Tennis Magazine award for
15 outstanding tennis progress in the nation while coaching at
16 Sewanee. He stated that his record in tennis at all levels was
17 replete with honors which were far too numerous to mention.
18 Mr. McKee stated that Mr. Warden had been called back to
19 Huntsville in 1970 as head pro and director of the HTC. He
20 stated that he was the first full-time pro in North Alabama. He
21 stated that he had established one of the most dynamic and
22 innovative tennis programs in the state during his career of
23 20 years and that he had set a standard for tennis statewide.
24 Mr. McKee stated that he certainly wished that everyone
25 could be privileged to the literature concerning the playing,
26 teaching, supervisor-administrative career of Mr. Warden.
0019
1 Mr. McKee stated that if the forthcoming facility were not
2 to carry the name of "Huntsville Tennis Center," he felt there
3 should not be any decision rushed into, made by any small group,
4 perhaps attempting to circumvent the will of the citizens
5 overall. He stated that adequate consideration should be given
6 to this matter, noting that very few persons at this time had
7 been allocated input into the matter.
8 Mr. McKee stated he felt the key word here was "locally" and
9 noted that it went back to the influence that "Brick" Warden had
10 had, not only locally but also nationally, over a period of 45 to
11 50 years.
12 Mr. McKee stated that the new tennis center should be named
13 to honor "Brick" Warden, a person who had given far more impetus
14 to tennis than anyone else in the area, locally and nationally.
15 He stated to do otherwise would be a travesty.
16 Councilwoman Moon stated to Mr. McKee that there had been an
17 item on the agenda for the Council's consideration on the naming
18 of the tennis center but noted that this item had been removed
19 from the agenda. She stated that she felt all the Council
20 members felt they needed more time on this matter.
21 President Russell stated the next item on the agenda was
22 Huntsville Utilities Items.
23 Mr. Tony Owens of Huntsville Utilities gave a brief
24 explanation concerning the items on the agenda, noting that most
25 of them concerned system improvements and relocation work or
26 system expansions. He stated that several of the items dealt
0020
1 with the Electric Department.
2 Councilman Kling read and introduced a resolution
3 authorizing construction of 5,380' of 3-phase overhead primary
4 and rebuild of 16,630' of existing overhead to 3-phase to provide
5 breaker feeder circuit for the new Liberty Hills Substation
6 (W.O.23219-G), as follows:
7 (RESOLUTION NO. 04-432)
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 Councilman Kling read and introduced a resolution
12 authorizing the relocation of electric facilities on Grimwood
13 Road at Briar Fork Creek, west of Memorial Parkway, in Hazel
14 Green (W.O. 23228-G), as follows:
15 (RESOLUTION NO. 04-433)
16 Councilman Kling moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Watson,
18 and was unanimously adopted.
19 Councilman Kling read and introduced a resolution
20 authorizing relocation of 46kV and 12kV overhead facilities to
21 clear improvements at Indian Creek/Blake Bottom Intersection
22 (W.O. 23249-G), as follows:
23 (RESOLUTION NO. 04-434)
24 Councilman Kling moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Watson,
26 and was unanimously adopted.
0021
1 Councilman Kling read and introduced a resolution
2 authorizing purchase of a new 18-Ton Pole Hauling Trailer,
3 meeting required specifications (P.R. TKR04280401), as follows:
4 (RESOLUTION NO. 04-435)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing installation of approximately 3400' of 18" ductile
10 iron water main and approximately 3800' of 12" along Sutton Road
11 and the proposed Taylor Road near Hampton Cove
12 (W.O.1-06718-MD04), as follows:
13 (RESOLUTION NO. 04-436)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Watson,
16 and was unanimously adopted.
17 Councilman Kling read and introduced a resolution
18 authorizing installation of approximately 4980' of 12" ductile
19 water main along Highway 72 West and Balch Road in connection
20 with COH Sanitary Sewer Phase III (W.O. 1-06723-MD04), as
21 follows:
22 (RESOLUTION NO. 04-437)
23 Councilman Kling moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Watson,
25 and was unanimously adopted.
26 Councilman Kling read and introduced a resolution
0022
1 authorizing installation of approximately 3700' of 12" D.I. water
2 main along University Drive from Providence Main to Waddell Drive
3 at DC Park (W.O. 1-06724-MD04), as follows:
4 (RESOLUTION NO. 04-438)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing installation of approximately 660' of 12" D.I. water
10 main across the proposed bridge relocation for Williams Avenue
11 (W.O. 1-06727-R104), as follows:
12 (RESOLUTION NO. 04-439)
13 Councilman Kling moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Watson,
15 and was unanimously adopted.
16 Councilman Kling read and introduced a resolution
17 authorizing the installation of 3,345' of 8" gas main along
18 Highway 53 and approximately 1,660' of 2" on Jones Way Drive to
19 allow for future development (W.O. 16174), as follows:
20 (RESOLUTION NO. 04-440)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson,
23 and was unanimously adopted.
24 Councilman Kling read and introduced a resolution
25 authorizing the replacement of cast iron main along Belvor Drive,
26 Bluecrest, Vista Drive, Bayless Drive, Montrose Street, Berkley
0023
1 Street, Joslin Street, and Fairacres Road in Bel-Air Subdivision
2 as part of cast-iron replacement program recommended by the DOT
3 (W.O. 16178), as follows:
4 (RESOLUTION NO. 04-441)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing contract for professional engineering and
10 construction services for improvements at Monte Sano Substation
11 (W.O. 21827-G), as follows:
12 (RESOLUTION NO. 04-442)
13 Councilman Kling moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Watson,
15 and was unanimously adopted.
16 President Russell stated the next item on the agenda was
17 Board Appointment Nominations.
18 Councilman Kling nominated Jimmy Wall, Jr., to the
19 Huntsville Natural Gas Utility Board, for a term to expire
20 July 1, 2007.
21 Councilman Kling nominated Jimmy Wall, Jr., to the
22 Huntsville Water Utility Board, for a term to expire
23 July 1, 2007.
24 Councilman Kling nominated George Moore to the Huntsville
25 Electric Utility Board, for a term to expire July 1, 2007.
26 Councilman Showers nominated Eddie J. Turner to the
0024
1 VBC Board, for a term to expire August 27, 2008.
2 President Russell stated the next item on the agenda was
3 Approval of Expenditures.
4 Councilman Kling read and introduced a resolution
5 authorizing the expenditures for payments, as follows:
6 (RESOLUTION NO. 04-443)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Showers,
9 and was unanimously adopted.
10 President Russell stated the next item on the agenda was
11 Communications from the Mayor.
12 Mayor Spencer stated that she had attended an open house for
13 the Harris Home, stating that she had been involved in this for
14 some time from her volunteer years. She stated that it had
15 certainly been a pleasure and an honor to be able to attend this
16 event.
17 Mayor Spencer stated that on June 26 and 27 the Black Arts
18 Festival would be held. She stated that Harris Home would be
19 recognized through contributions as a result of the Black Arts
20 Festival. She stated that it would be held at the WEUP station
21 on Jordan Lane.
22 Mayor Spencer stated that earlier in the day she had been at
23 the Chamber of Commerce to recognize the Northeast Alabama
24 Regional Small Business Development Center. She stated that they
25 had had a record year, with a 67 percent increase. She stated
26 that what the local Center did was to help over 100 small
0025
1 businesses navigate through the Government procurement process.
2 She stated this was a cooperative effort between the University
3 of Alabama in Huntsville, Alabama A&M University, and the Chamber
4 of Commerce, and that it helped the counties of Madison,
5 Limestone, Jackson, Marshall, DeKalb, Morgan, and Cullman.
6 Mayor Spencer stated that Mr. John Fee had been reappointed
7 to the City Tree Commission for a 2-year term commencing June 16,
8 2004, and expiring June 16, 2006.
9 President Russell stated the next item on the agenda was
10 Communications from Council members.
11 Councilman Showers stated that on the prior Friday he had
12 attended the annual Vision banquet.
13 Councilman Showers stated that the Harris Home for Children
14 was celebrating its 50th anniversary with a banquet on this date.
15 Councilman Showers stated that Sheryll Cashin, a professor
16 at Georgetown University, had been in the city for a book signing
17 and that he had presented her with an honorary citizen
18 certificate, on behalf of the Mayor and the Council.
19 Councilwoman Moon stated that she wanted to ask Mr. Ralph
20 Stone, Mr. Layne Vaughn, and Dr. Karen Hill to look into a
21 situation concerning complaints she had received about snakes,
22 specifically copperheads, coming out of the ditches. She stated
23 she had had inquiries from families about how they could protect
24 their yards from poisonous snakes. She asked that this matter be
25 investigated and that these persons work with Vector Control
26 concerning this matter. She stated that she particularly would
0026
1 like to know if there would be something she could pass on to the
2 residents as to how they could protect themselves.
3 Councilman Kling stated that the city was a city of
4 neighborhoods and that there had been a lot of important
5 neighborhood issues that he had been dealing with over the last
6 few weeks. He stated he felt there had been a good meeting with
7 the Penny-Foster Community Watch Association and that some
8 neighborhood issues had been brought to the attention of
9 Huntsville Utilities and the Police Department and that he felt
10 these problems were being worked on. He stated there were some
11 things that the Public Works Engineering Department was also
12 looking at in this area.
13 Councilman Kling stated he had also had a very good meeting
14 with the Crestwood Community Watch during the prior week. He
15 stated this had been a very active community watch. He stated
16 they were certainly hoping to get some good things done as far as
17 helping this neighborhood with some road resurfacing in the near
18 future.
19 Councilman Kling stated that earlier in the week he had had
20 a good meeting with Marty Calvert and residents of Imperial Drive
21 and that area concerning some flooding problems they had had. He
22 stated he felt Mr. Calvert had come up with a good plan to help
23 cut down on the flooding problems in this area. He stated that
24 the residents in the area were very appreciative of his good work
25 and were very positive about the efforts he had made.
26 Councilman Kling stated there had been a major prostitution
0027
1 bust in the Lowe Mill neighborhood and commended persons who were
2 involved in that. He stated that several arrests had been made
3 and that hopefully this would make progress toward helping that
4 neighborhood.
5 Councilman Kling stated that the fishing rodeo had been held
6 in Brahan Spring Park the prior Saturday morning and that there
7 had been a large turnout.
8 Councilman Kling stated that the city had been the host for
9 the Alabama Fraternal Order of Eagles statewide convention
10 recently and stated that this had been a very successful event.
11 Councilman Kling noted that sometime prior a person had
12 appeared before the Council asking if the road that went from
13 Johnson Road to the Jaycee Community Building could be named
14 "Jaycee Way" or something to delineate the Huntsville Jaycees.
15 He stated that at that meeting the matter had been referred to
16 the Planning Commission. He stated that he felt the Council had
17 been in favor of this naming of the street. He asked if anyone
18 could furnish the Council the status of this matter.
19 Ms. Bostick stated that the matter had gone before the
20 Planning Commission the prior month and had been sent back for
21 further consideration, to determine how it might fit in with the
22 John Hunt Park Master Plan. She stated it was back on the agenda
23 for the following Wednesday morning at Subdivision Committee for
24 discussion. She stated she was aware they had discussed the
25 matter with Mr. Stone and that she felt they had resolved the
26 issues so that it would be presented back to the committee on
0028
1 Wednesday morning.
2 Councilman Kling stated he realized this was not a formal
3 street, per se, but that it did go from Johnson Road to the
4 Jaycee Community Building and stated he felt that if this could
5 be worked out, it would be a good thing.
6 Councilman Watson stated that the State Association of
7 Eagles that had met in the city had been very happy with how
8 clean the city was. He stated they had voted to donate over
9 $100,000 to charities in the state and stated that this was
10 certainly a significant investment by a fraternal organization.
11 Councilman Watson stated he had met with the Shadow Creek
12 people, stating that they were located in the area of Zierdt Road
13 and Martin Road and that it was a very nice community, with
14 several homes being constructed. He stated that with
15 construction came problems, with such things as dirt and trucks
16 going down the road. He stated that Mark Roberts with the
17 Huntsville Police Department had attended this meeting and had
18 assisted them in setting up a community watch in the area. He
19 stated there was a good group of people there and that he was
20 hoping a lot of positive things could happen. He stated that he
21 had made a call to Public Works and had gotten immediate response
22 in getting the streets cleaned. He stated that he had certainly
23 appreciated this.
24 President Russell stated that he had certainly enjoyed the
25 reception at the Harris Home and congratulated them for 50 years
26 of service to the community.
0029
1 President Russell stated he had attended the Jaycee banquet
2 the prior evening and noted that they had given out deserving
3 scholarships to high school seniors and that it was a great
4 event.
5 President Russell stated that there would be the Flag Day
6 celebration on the following Monday, and that the Sports Festival
7 would also be coming up. He asked Mayor Spencer to announce
8 these activities.
9 Mayor Spencer stated that Flag Day would be on Monday,
10 June 14th, in Gateway Park, which she stated had been designated
11 as Veterans Park, at noon. She invited all the citizens to
12 attend.
13 Mayor Spencer stated that June 17 through 20 there would be
14 6,000 youngsters in the city, noting that Huntsville would be the
15 host city for the Alabama Sports Festival. She stated that there
16 would be sporting events going on all over the city. She
17 commended the Recreation Department for the efforts they would be
18 doing toward this event.
19 President Russell stated the next item on the agenda was New
20 Business Items for Consideration or Action. He stated that 15.r,
21 s, t, and y had been deleted.
22 Councilwoman Moon asked that item 15.p be considered out of
23 order at this time.
24 President Russell read and introduced a resolution to
25 allocate funding for potential land acquisition on Green
26 Mountain, as follows:
0030
1 (RESOLUTION NO. 04-444)
2 President Russell moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Showers.
4 President Russell asked Ms. Bostick for an explanation of
5 the above resolution.
6 Ms. Bostick stated that the subject resolution would create
7 a partnership between the City of Huntsville, the Land Trust of
8 Huntsville and North Alabama, and Forever Wild, which she noted
9 was the State preservation group. She stated that the proposal
10 would be to purchase 360 acres on the north end of Green
11 Mountain. She stated that the property had been nominated by the
12 Land Trust to Forever Wild and was currently in their review
13 process. She stated that the resolution would commit $100,000 to
14 the purchase, which would be approximately a tenth of what the
15 total purchase price was estimated to be. She stated that the
16 Land Trust would actually manage the property and the State would
17 own the property. She stated that the City would get the benefit
18 of having the open space plan and the greenway plan facilitated
19 at 10 percent of the cost of the property, with no future
20 maintenance responsibilities.
21 Ms. Bostick stated that Ms. Jill Gardner, the Executive
22 Director of the Land Trust, was present and that she might like
23 to comment on this matter.
24 President Russell recognized Ms. Gardner.
25 Ms. Gardner stated that the Land Trust appreciated the
26 consideration of the Council for this item. She stated that this
0031
1 was a continuing partnership between the Land Trust and the City
2 of Huntsville. She stated that the Land Trust had developed the
3 trail system on Green Mountain with their volunteer manpower and
4 stated that they would do this also on the subject property
5 should it come into their hands. She stated that it was a
6 wonderful piece of property and would certainly be a huge asset
7 to the city. She stated that it adjoined 270 acres that was
8 already owned, so it would result in a preserve of approximately
9 630 acres.
10 Councilwoman Moon asked Ms. Gardner to define further the
11 location of this property.
12 Ms. Gardner stated that the property was located on the very
13 north end of Green Mountain, which she stated was south of
14 Blevins Gap Road. She stated that if one were on the top of
15 Cecil B. Ashburn Road, it would be located south of this area.
16 She stated that this was part of the old Spacewalk Trail that the
17 Scouts had started back in the early '80s.
18 President Russell called for the vote on Resolution
19 No. 04-444, and it was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing application of FTA Urbanized Area Formula assistance
22 FY 2005, as follows:
23 (RESOLUTION NO. 04-445)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0032
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into an agreement between the City
3 of Huntsville and the Huntsville-Madison County Senior Center, as
4 follows:
5 (RESOLUTION NO. 04-446)
6 Councilman Watson moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Watson read and introduced a resolution
10 authorizing the Mayor to enter into an agreement between the City
11 of Huntsville and the Terry Heights and Hillendale Organization,
12 as follows:
13 (RESOLUTION NO. 04-447)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into an agreement between the City
19 of Huntsville and the Huntsville Child Care Center, as follows:
20 (RESOLUTION NO. 04-448)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted.
24 Councilman Watson read and introduced a resolution
25 authorizing the Mayor to enter into an agreement between the City
26 of Huntsville and Legal Services of Alabama, as follows:
0033
1 (RESOLUTION NO. 04-449)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to enter into an agreement between the City
7 of Huntsville and CASA, as follows:
8 (RESOLUTION NO. 04-450)
9 Councilman Watson moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilwoman Moon,
11 and was unanimously adopted.
12 Councilman Watson read and introduced a resolution
13 authorizing the Mayor to enter into an agreement between the City
14 of Huntsville and Interfaith Mission, as follows:
15 (RESOLUTION NO. 04-451)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilwoman Moon,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into an agreement between the City
21 of Huntsville and Lifting and Inspiring Families Everywhere,
22 Inc., as follows:
23 (RESOLUTION NO. 04-452
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0034
1 Councilman Watson read and introduced a resolution
2 authorizing the acceptance of donation to the Administration,
3 Operation Green Team, from Maureen Baird, in the amount of $1,000
4 for the purchase of a bench in downtown Huntsville in memory of
5 David Crow, Architect, as follows:
6 (RESOLUTION NO. 04-453)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilwoman Moon,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the Mayor to enter into agreements with the low
12 bidders meeting specifications as outlined in the attached
13 Summary of Bids for Acceptance, as follows:
14 (RESOLUTION NO. 04-454)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 Councilman Watson read and introduced a resolution
19 authorizing the Mayor to enter into an agreement with the Alabama
20 DOT for widening Zierdt Road from Martin Road to Madison City
21 limits, as follows:
22 (RESOLUTION NO. 04-455)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted.
26 Councilman Watson read and introduced a resolution
0035
1 authorizing the Mayor into enter a lease agreement between the
2 City of Huntsville and The Arts Council, Inc., for Panoply Arts
3 Festival, as follows:
4 (RESOLUTION NO. 04-456)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the Clerk-Treasurer to invoke AmSouth Bank Letter of
10 Credit Number 5-228203 for Sam's Club Development, as follows:
11 (RESOLUTION NO. 04-457)
12 Councilman Watson moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted.
15 Councilman Watson read and introduced a resolution
16 authorizing the Clerk-Treasurer to invoke Regions Bank
17 subdivision improvement letter of credit number 24730 for
18 University Square Subdivision, Second Addition, as follows:
19 (RESOLUTION NO. 04-458)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 Councilman Watson read and introduced a resolution
24 authorizing the Clerk-Treasurer to invoke Colonial Bank
25 subdivision sidewalk Letter of Credit Number 6665 for Chapman
26 Cove Subdivision of the High Mountain Reserve, as follows:
0036
1 (RESOLUTION NO. 04-459)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson moved for approval of a request for
6 authorization to advertise and fill the vacant position of
7 Equipment Operator III, Crew Leader, which motion was duly
8 seconded by Councilwoman Moon, and was unanimously approved.
9 Councilman Watson read and introduced a resolution
10 authorizing the Mayor to enter into an agreement with the low
11 bidder, Reed Contracting Services, Inc., for Phase IV Resurfacing
12 of Various Streets, Project No. 65-04-RR06, as follows:
13 (RESOLUTION NO. 04-460)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to amend the agreement with APAC-Southeast,
19 Inc., for Resurfacing of Various Residential Streets, Phase II,
20 Project No. 65-04-RR04, by Change Order. No. 1, as follows:
21 (RESOLUTION NO. 04-461)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to enter into an agreement with ESI
0037
1 Acquisition, Inc., as follows:
2 (RESOLUTION NO. 04-462)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon,
5 and was unanimously adopted.
6 Councilman Watson read and introduced a resolution
7 authorizing the Mayor to enter into a contract with the State of
8 Alabama for participation in the Alabama Mutual Aid System, as
9 follows:
10 (RESOLUTION NO. 04-463)
11 Councilman Watson moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon,
13 and was unanimously adopted.
14 Councilman Watson read and introduced a resolution
15 authorizing the Mayor to enter into an agreement with the low
16 bidder, APAC-SOUTHEAST, INC., for Greenbriar Patch Roadway
17 Improvements, Project No. 65-04-RD10, as follows:
18 (RESOLUTION NO. 04-464)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilwoman Moon,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to enter into an agreement with Skipper
24 Consulting, Inc., for Engineering Services for Traffic Signal
25 Improvements to various City Intersections, Project
26 No. 65-04-TI18, as follows:
0038
1 (RESOLUTION NO. 04-465)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to amend the contract with Miller and
7 Miller, Inc., for Big Spring Park Culvert, Phase I, by Change
8 Order No. 2, Project No. 65-03-DR19, as follows:
9 (RESOLUTION NO. 04-466)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into an agreement with Tetra Tech,
15 Inc., for additional Construction Administration Services for the
16 Western Area WWTP Expansion, Project No. 65-98-SS11, as follows:
17 (RESOLUTION NO. 04-467)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance declaring
22 certain equipment surplus and to be sold at auction
23 (GovDeals.com) or in the best interest and most cost-effective
24 way for the City of Huntsville, as follows:
25 (ORDINANCE NO. 04-468)
26 Councilman Watson moved for approval of the foregoing
0039
1 ordinance, which motion was duly seconded by Councilwoman Moon,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the Mayor to execute the Technical Audit Performance
5 Contract for Energy Savings - Project Development Agreement,
6 between the City of Huntsville and Johnson Controls, Inc., to
7 reduce utility consumption and thereby reduce utility costs at
8 the City's facilities, as follows:
9 (RESOLUTION NO. 04-469)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 appointing Charles E. Hagood, Clerk-Treasurer, to perform duties
15 of the Mayor under the Code of Alabama, 1975, Section 11-46-36,
16 with respect to 2004 Municipal Election since the Mayor is a
17 candidate in the Municipal election to be held August 24, 2004,
18 as follows:
19 (RESOLUTION NO. 04-470)
20 Councilman Watson moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 Councilman Watson read and introduced a resolution
24 authorizing the City of Huntsville to enter into an agreement
25 with Crawford Industrial Group, LLC, as follows:
26 (RESOLUTION NO. 04-471)
0040
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilwoman Moon,
3 and was unanimously adopted.
4 Councilman Showers read and introduced an ordinance to amend
5 Budget Ordinance No. 03-785, adopted and approved on
6 September 30, 2003, by changing appropriated funding and the
7 authorized personnel strength within various departments, as
8 follows:
9 (ORDINANCE NO. 04-472)
10 Councilman Showers moved for approval of the foregoing
11 ordinance, which motion was duly seconded by Councilman Kling.
12 President Russell asked Mr. Randy Taylor for an explanation
13 of the above ordinance.
14 Mr. Randy Taylor stated that there were several items
15 included in the ordinance. He stated that the first was to add
16 the Flint River Greenway Project to the Capital Improvement Plan,
17 in the amount of $839,000. He stated that $671,000 of this was
18 to be provided by the State and $167,000 was to be transferred
19 from the City's greenway account. He stated that the second item
20 was to transfer funding from the Hobbs Island Road project that
21 were design monies to the Zierdt Road project, $120,000 of which
22 was to be funded by the State. He stated that there was an
23 agreement concerning this on the agenda.
24 Mr. Taylor stated that there was a transfer of $200,000 of
25 drainage maintenance monies and a $100,000 transfer of sidewalk
26 maintenance monies to increase the street resurfacing budget in
0041
1 the amount of $300,000 and that there was a $25,000 increase in
2 the purchase of property and a $25,000 increase in the sale of
3 property, which was related to the Temple B'Nai Shalom's item
4 that was also on the agenda.
5 Mr. Taylor stated that there was also an item concerning
6 carry-over funds, which was a $1,571,000 budget increase in
7 various departments. He proceeded to enumerate the various
8 items.
9 Mr. Taylor stated that there was a $300,000 special
10 appropriation increase to the Huntsville City Schools, which he
11 stated was intended to be used to purchase textbooks.
12 Mr. Taylor continued to enumerate other items. He stated
13 that the items he had enumerated comprised the $1,571,000 in
14 carry-over funds, which he stated would complete the spending of
15 most of the carryover funds from the prior fiscal year.
16 Mr. Taylor enumerated the changes to authorized personnel
17 strength.
18 President Russell moved to delete the Huntsville City School
19 special appropriation of $300,000, which motion was duly seconded
20 by Councilwoman Moon.
21 President Russell stated that he was making the motion to
22 delete because he was not sure as to the explanation concerning
23 school books. He stated that he had spoken to the School Board
24 on many occasions and that school books had never been mentioned.
25
26 He stated he would like to know who had made this request.
27 Mr. Taylor stated he had become aware of this in a meeting
0042
1 he had attended with the Mayor and school officials, including
2 Dr. Moore and some administrative staff. He stated they had
3 explained the situation they had in their current year's budget
4 with textbooks. He stated that the State had normally provided
5 significantly more than they have at this time. He stated that
6 he understood that in the prior fiscal year they had received 1.2
7 to 1.3 million dollars from the State education budget. He
8 stated that because of the State budget difficulties for schools,
9 these numbers had been cut. He stated that the schools had
10 $160,000 budgeted for textbooks in the current year. He stated
11 the State, when and if they did restore funding to this line
12 item, or any other item, would not go back and make up for
13 deficits in the past. He stated that, therefore, the schools
14 would essentially skip a year and stated that they had to
15 purchase textbooks every year. He stated that the intent of this
16 was to assist in purchasing more books.
17 President Russell inquired as to whether Mr. Taylor had more
18 specific details or if this was just a lump sum. He inquired as
19 to whether they had asked for 500,000 or one million dollars or
20 how they might know this.
21 Mr. Taylor stated that he did not recall a specific request
22 but stated that they had simply advised them that they were
23 approximately $1 million short in their textbook budget. He
24 stated that they would just be behind in purchasing textbooks.
25 Mayor Spencer stated that the School Board had not mentioned
26 in this meeting a number, that they had just wanted them to be
0043
1 aware of the constraints they had had on purchasing textbooks for
2 the children in the city. She stated that there were 25
3 elementary schools that were affected by this. She stated that
4 in working through the money with Mr. Taylor, this was a
5 consideration after they had addressed what was important within
6 the city. She stated that they would not be at this point had
7 the department not been fiscally responsible. She stated that
8 the departments were to be commended for the job they had done in
9 not spending out the budgeted numbers. She stated that they had
10 withheld some opportunities to advance the departments with the
11 needs they had because of not wanting to project in addition to
12 what they were budgeting. She stated that the other concern was
13 the fact that they continued to hear from the Council that they
14 wanted to address the issue of traffic calming, as well as
15 resurfacing and drainage issues. She stated that that was
16 another reason for the basis being what it was. She stated that,
17 also, the Senior Center had had an unknown catastrophe to happen
18 with the HVAC. She stated that it was also to help with the
19 day care program, which she stated was an outstanding program for
20 the elderly at the Senior Center. She stated that the most
21 important issue was to bring some of the departments that they
22 could bring back up to whole as much as possible, for their needs
23 to be met.
24 President Russell stated he liked the plan but that he just
25 did not feel he had enough information at this time to approve
26 the $300,000 to the Huntsville City Schools. He stated that he
0044
1 had no problem with the remainder of the plan and that he was not
2 saying yes or no as to the amount to the Huntsville City Schools
3 at this time but noted that they were all aware that they had
4 many requests for public works type projects in their districts
5 and that without a specific request from the Huntsville City
6 Schools on what they were going to do with the money, he would
7 prefer to wait and talk to the School Board representative for
8 his district or to speak with Dr. Moore concerning this matter
9 before he would make a decision. He stated that that was his
10 purpose, that it was not to be negative on the $300,000.
11 Councilman Kling stated that he could certainly go along
12 with the courtesy that they tried to provide to the Council
13 members. He stated, however, that he would like to speak in
14 support of the $300,000 to the City Board of Education. He
15 stated that as a former School Board member, he felt that he
16 could understand this. He stated that the School System itself
17 was actually made up of approximately 27 individual line-item
18 budgets. He stated that approximately 75 percent of the budget
19 was already locked in as far as personnel costs. He stated that
20 every time there was contact with the School Board or the
21 Superintendent or PTA, the statement was always that they needed
22 more money. He stated he felt they were all aware that the
23 School System did have financial challenges, noting that State
24 funding had been cut back. He stated that he could certainly
25 support this item, in an attempt to assist the School Board. He
26 stated he felt it was merited, that they were not simply pulling
0045
1 something out of the air. He stated that when the City was
2 attempting to recruit interest, specifically in the BRAC process,
3 nine of the first ten questions would deal with the schools and
4 public education. He stated that obviously the Council wanted to
5 support the schools. He stated that, as the Mayor had stated,
6 this was what had come from Dr. Moore as to where she wanted to
7 put the money.
8 Mayor Spencer stated she would like to make it very clear
9 that the money was earmarked for textbooks, that it was not a
10 school contribution. She stated that the conversation at the
11 time was how much they had been cut by the State on purchasing
12 textbooks for the children.
13 Councilman Showers stated that he certainly supported the
14 motion to provide President Russell an opportunity to visit with
15 the Superintendent or Board members who could address his
16 concerns. He stated that the Council members had always given
17 each other the opportunity to do such things. He stated,
18 however, that he did support assisting the schools in this area.
19 He stated they were certainly aware that Huntsville was penalized
20 annually because they were a large school district and because it
21 was Huntsville. He stated that a percentage of the dollars that
22 would ordinarily come to Huntsville went to smaller school
23 districts across the state. He stated that this was a penalty
24 for the Huntsville School District. He stated that if they could
25 assist the Board of Education, he would certainly support that.
26 President Russell stated that he certainly did not disagree
0046
1 with anything that had been said but that he wanted to look into
2 the matter further before making this decision.
3 Councilman Kling stated that what Councilman Showers had
4 been alluding to was the equity funding lawsuit which he stated
5 penalized cities like Huntsville because they put local money,
6 above and beyond the State minimums, into their school systems.
7 He stated that based on some numbers he had seen, the City had
8 lost in excess of $70 million of State funding because of the
9 equity funding lawsuit. He stated that he certainly wished this
10 could be changed so that the City would not be penalized in this
11 regard.
12 Councilman Showers stated he did not like the tenor of the
13 motion. He inquired of Mr. Joffrion if there would be another
14 way this matter could be handled and accomplish what President
15 Russell would like to accomplish, without deleting the item.
16 Mr. Joffrion stated that he understood Councilman Showers'
17 concern, noting that it sounded negative in the way it was being
18 proposed. He stated, however, that this would be the appropriate
19 way to do it, to amend the ordinance on the floor to remove said
20 item, so that the rest of the items could go forward. He stated
21 he was confident that another ordinance would be presented at the
22 next Council meeting to deal with the $300,000 to the City Board
23 of Education.
24 Councilman Showers inquired as to whether there was an
25 urgency that this ordinance be passed at this time or if they
26 might just be able to hold the entire item.
0047
1 Mr. Joffrion stated that he felt they should go ahead with
2 the remainder of the ordinance.
3 President Russell called for the vote on the motion to
4 delete the appropriation of $300,000 to the City Board of
5 Education from the above ordinance, and it was unanimously
6 approved.
7 Councilman Kling stated it was his understanding that the
8 "Public Works Discretionary Projects" were dealing with things
9 such as neighborhood road resurfacing, traffic calming, and
10 neighborhood drainage, so that it would be more of a neighborhood
11 emphasis.
12 President Russell asked Mr. Randy Taylor to address the
13 $500,000 item for the Public Works account.
14 Mr. Randy Taylor stated that the intent was to budget this
15 in Public Works services where most of the spending for drainage,
16 street resurfacing, street repair, and traffic calming occurred.
17 He stated that the intent was to budget it in this way so that
18 the departments that were responsible for spending this money
19 would coordinate the interests that Council members had so that
20 whatever it might be that the Council believed deserved attention
21 across the city, the Council members would make their concerns
22 known to Public Works/Engineering and that they would seek to
23 incorporate all those concerns into their ongoing plans for
24 street drainage, maintenance, et cetera.
25 President Russell called for the vote on Ordinance
26 No. 04-472, as amended, and it was unanimously adopted.
0048
1 President Russell read and introduced a resolution to amend
2 the Capital Improvement Plan to delete the Hobbs Island Road
3 project in 2006 and add additional funding for the Zierdt Road
4 project in 2006, as follows:
5 (RESOLUTION NO. 04-473)
6 President Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling.
8 President Russell asked Mr. Randy Taylor to comment on this
9 resolution.
10 Mr. Randy Taylor stated that he would clarify one thing and
11 then let Planning/Engineering speak to this item. He stated that
12 it should be to provide more funding in 2006 for Zierdt Road, as
13 opposed to the addition of an altogether new item.
14 Mr. Steve Dinges of the Planning Department stated that the
15 State had started its design work on the intersection of the
16 Parkway and the Southern Bypass and stated that the
17 Atlanta-Memphis Highway route had also been selected and that it
18 would come out at this same location. He stated that in looking
19 at a more detailed analysis of this interchange and how it was
20 all going to work that the road came out right at Hobbs Island
21 Road, so that there would be a possibility that the new highway
22 when it was built would be on top of Hobbs Island Road. He
23 stated that the project had been scheduled for five-laning, as
24 just a regular city road, and noted that it had been recommended
25 that the City take the money they had scheduled for Hobbs Island
26 and put it on another road that would be eligible for the same
0049
1 type of money. He stated that the MPO had voted on this in April
2 and had voted again the current week and had switched the money
3 the City had on Hobbs Island Road, along with the Federal money
4 they had scheduled for this road, to the Zierdt Road project. He
5 stated that the item before the Council would switch the local
6 match from the Hobbs Island Road project to the Zierdt Road
7 project.
8 President Russell called for the vote on Resolution
9 No. 04-473, and it was unanimously adopted.
10 President Russell read and introduced a resolution
11 authorizing payment in the amount of twenty-five thousand dollars
12 ($25,000.00) to the Temple B'Nai Shalom for the purchase of the
13 historic house located at 406 Clinton Avenue, such amount to be
14 recovered by the city upon the sale of the house, as follows:
15 (RESOLUTION NO. 04-474)
16 President Russell moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling.
18 Mr. Randy Taylor stated that the Council had just approved a
19 budget item related to this matter. He stated that the house had
20 already been relocated and it was time to make payment to the
21 Temple. He stated they were requesting that the Council
22 authorize it at this point and then the City would proceed with
23 finishing the project and putting the house up for sale.
24 President Russell called for the vote on Resolution
25 No. 04-474, and it was unanimously adopted.
26 Councilman Showers read and introduced a resolution
0050
1 authorizing the Mayor to enter into an agreement with Alabama DOT
2 for the Flint River Greenway Project, as follows:
3 (RESOLUTION NO. 04-475)
4 Councilman Showers moved for approval of the foregoing
5 resolution, which motion was duly seconded by President Russell.
6 President Russell recognized Ms. Marie Bostick.
7 Ms. Bostick stated that this concerned an agreement with
8 ALDOT for the latest greenway grant the City had received. She
9 stated that it was located in the J.D. and Annie S. Hayes Nature
10 Preserve and that it would connect to the Big Cove Creek
11 Greenway, cross the Flint River, and go along the south bank of
12 the Flint River for approximately two-thirds of a mile. She
13 stated that the total project cost was $839,000, with the City's
14 share being 20 percent, or $167,800.
15 Councilman Kling asked if the other 80 percent would come
16 from Federal government sources.
17 Ms. Bostick replied in the affirmative.
18 President Russell called for the vote on Resolution
19 No. 04-475, and it was unanimously adopted.
20 Councilman Showers read and introduced a resolution
21 authorizing the Mayor to enter into a Preservation and
22 Conservation Easement Agreement between the City of Huntsville
23 and the Alabama Historical Commission for the passenger depot
24 building located at 320 Church Street, as follows:
25 (RESOLUTION NO. 04-476)
26 Councilman Showers moved for approval of the foregoing
0051
1 resolution, which motion was duly seconded by Councilwoman Moon.
2 Mr. Joffrion stated that this document had been requested by
3 the Constitution Village Board in connection with the Historic
4 Depot. He stated that in order for the Depot to be eligible for
5 Federal grant monies and other grant money sources, there was a
6 requirement that the exterior facade be preserved in its historic
7 state. He stated that this was a grant of an easement to a
8 public entity so that the public had a vested interest in
9 preserving the exterior facade so that there would be no
10 intentional damaging or alteration of the exterior premises. He
11 stated that this would allow the facility to be eligible for
12 Federal funding as maintenance needs became apparent over time.
13 President Russell called for the vote on Resolution
14 No. 04-476, and it was unanimously adopted.
15 Councilman Showers read and introduced a resolution
16 authorizing the Mayor to enter into an Agency Appropriation
17 Agreement with Huntsville-Madison County Senior Center, as
18 follows:
19 (RESOLUTION NO. 04-477)
20 Councilman Showers moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling.
22 Mr. Hatfield stated that this money would go to the Senior
23 City for the HVAC system and the Health and Wellness Initiative.
24 He stated that this would set out the terms of agreement of the
25 appropriation agreement with the Senior Center.
26 President Russell called for the vote on Resolution
0052
1 No. 04-477, and it was unanimously adopted.
2 President Russell stated that the next item on the agenda
3 was Deeds for Acceptance. He noted that item c.2 had been
4 deleted.
5 Mr. Joffrion submitted the following deeds for approval:
6 (DEEDS)
7 Whereupon, Councilman Watson moved for approval of the
8 foregoing deeds, which motion was duly seconded by
9 Councilman Kling, and was unanimously approved.
10 Upon motion, duly seconded, it was voted to adjourn.
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15 _____________________________
16 PRESIDENT OF THE CITY COUNCIL
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18 ATTEST:
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22 ______________________________
23 CITY CLERK-TREASURER
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