1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD JUNE 12, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on June 12, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Moon
9 Councilpersons: Russell, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Moon called the meeting to order. Pastor Michael
16 Crenshaw of People of God Fellowship led the invocation; the
17 Senior Patrol leader of Boy Scout Troop 400 led the pledge of
18 allegiance.
19 The minutes of the regular meeting of the Council on May 22,
20 2003, were held.
21 Mayor Spencer recommended and Councilman Kling read and
22 introduced a resolution recognizing the 50th anniversary of
23 Teledyne Brown Engineering, as follows:
24 (RESOLUTION NO. 03-484)
25 Councilman Kling moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Watson,
27 and was unanimously adopted.
28 Ms. Eileen Heaton of Teledyne Brown stated that on behalf of
29 Mr. Jim Link, the president of Teledyne Brown, and all of their
30 current and past employees, she would like to thank the City for
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1 this recognition, stating that they were certainly honored by it.
2 Mayor Spencer recommended and Councilman Watson read and
3 introduced a resolution recognizing Dr. Don Lee upon his
4 retirement from the ministry in Huntsville and Madison County, as
5 follows:
6 (RESOLUTION NO. 03-485)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Showers,
9 and was unanimously adopted.
10 Dr. Lee expressed appreciation for the recognition.
11 Mr. Ron Adams, Assistant Director of Engineering, asked Tim
12 Barnett to come forward, stating he was a traffic engineer who
13 had been with the City for 19 years. He stated Mr. Barnett was
14 being recognized for his work concerning the Martin Road
15 interchange, noting that he felt the design change Mr. Barnett
16 had made in this plan would ultimately result in the return of as
17 much as 12 acres of right-of-way to the taxpayers and would also
18 be cost efficient and ultimately improve the traffic flow.
19 Mr. Tommy Brown, Director of the Transportation and Parking
20 Department, asked Ms. Phyllis Gee and Ms. Dora Cartwright to come
21 forward, stating they were two very committed and dedicated
22 employees of his department and had recently stood ready to fill
23 in the gap when there were vacancies in the department. He
24 stated they had worked many hours of overtime without complaint
25 and taken care of many things outside their responsibilities.
26 Councilman Kling read and introduced a resolution honoring
0003
1 D-Day soldier Ralph Sturgill, as follows:
2 (RESOLUTION NO. 03-486)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Watson,
5 and was unanimously adopted.
6 Councilman Kling presented a copy of the resolution to
7 Mr. Sturgill, expressing appreciation for the service he had
8 rendered to the community and to the country.
9 Councilman Showers read and introduced a resolution
10 recognizing Evangelist William A. Stephens, Southside Church of
11 Christ, Durham, North Carolina, as the guest speaker for the
12 Farriss Drive Church of Christ 2003 Homecoming Revival,
13 June 14-19, 2003, as follows:
14 (RESOLUTION NO. 03-487)
15 Councilman Showers moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling,
17 and was unanimously adopted.
18 Councilman Showers recognized members of the 11 and under
19 North Alabama Crusaders Basketball Team, winner of the Youth
20 Basketball of America State Championship and National Qualifier
21 Champions 2003, and their coaches, noting the outstanding
22 achievements of the team. He stated the team would be competing
23 in the national championship in Orlando, Florida, in July.
24 Councilman Showers stated that in February he had had the
25 opportunity of attending a Boy Scout function at Alabama A&M
26 University where troops from all over the state were represented.
27
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1 He stated he would like to acknowledge the efforts of the Boy
2 Scouts and stated at this time the scouts would be making some
3 presentations. He recognized Wendell Johnson, stating he was a
4 City employee who worked with scouts in the city.
5 Mr. Johnson asked Councilman Showers, Councilman Kling, and
6 Chief Barkley of the Fire Department to come forward, and stated
7 he would be standing in for Chief Owens of the Police Department.
8 Mr. Johnson also recognized Tory Green, stating that he
9 would be making an announcement.
10 Mr. Green stated that the scouts would like to thank the
11 City of Huntsville, Alabama A&M, and the Fire Department for
12 sponsoring the annual Scoutreach, 2003.
13 Mr. Green presented various certificates of appreciation.
14 Mr. Johnson recognized Mr. Brian Norman, stating that he was
15 the District Representative.
16 Mr. Norman stated that on behalf of the Greater Alabama
17 Council and the Boy Scouts of America, he would like to thank the
18 City, the Fire Department, and the Police Department for their
19 continued support of the Boy Scouts.
20 President Moon stated the next item on the agenda was Public
21 Hearings to be Held.
22 President Moon stated it was the time and place in the
23 meeting for a public hearing on Ordinance No. 03-382, concerning
24 the zoning of newly annexed land lying generally on the west side
25 of James Road and along the west end of Deaton Road to
26 Residence 2 District and to Residence 1-A District, which had
0005
1 been set at the May 8, 2003, regular meeting of the Council.
2 Ms. Marie Bostick of the Planning Department stated the
3 subject property consisted of 39.2 acres in the Big Cove area of
4 Huntsville. She stated 36.7 acres was proposed to be zoned
5 Residence 2 District and 2 1/2 acres Residence 1-A District.
6 President Moon inquired as to whether there was anyone in
7 the audience who wished to speak concerning this matter.
8 There was no response.
9 Councilman Watson moved for approval of Ordinance
10 No. 03-382, concerning the zoning of newly annexed land lying
11 generally on the west side of James Road and along the west end
12 of Deaton Road to Residence 2 District and to Residence 1-A
13 District, which was introduced at the May 8, 2003, regular
14 meeting of the Council, as follows:
15 (ORDINANCE NO. 03-382)
16 Said motion was duly seconded by Councilman Showers.
17 President Moon called for the vote on Ordinance No. 03-382,
18 and it was unanimously adopted.
19 President Moon stated it was the time and place in the
20 meeting for a public hearing on Ordinance No. 03-384, concerning
21 the zoning of newly annexed land lying generally on the south
22 side of U.S. Highway 72 West and west of Balch Road to Highway
23 Business C-4 District, which had been set at the May 8, 2003,
24 regular Council meeting.
25 Ms. Bostick stated the above property was a 6.13 acre tract
26 of land in the extreme western part of the city. She stated the
0006
1 Planning Commission had unanimously recommended that it be zoned
2 Highway Business C-4 District.
3 President Moon inquired as to whether there was anyone in
4 the audience who wished to speak concerning this matter.
5 There was no response.
6 Councilman Kling moved for approval of Ordinance No. 03-384,
7 concerning the zoning of newly annexed land lying generally on
8 the south side of U.S. Highway 72 West and west of Balch Road to
9 Highway Business C-4 District, which was introduced at the May 8,
10 2003, regular Council meeting, as follows:
11 (ORDINANCE NO. 03-384)
12 Said motion was duly seconded by Councilman Watson.
13 President Moon called for the vote on Ordinance No. 03-384,
14 and it was unanimously adopted.
15 President Moon stated it was the time and place in the
16 meeting for a public hearing on Ordinance No. 03-386, concerning
17 the zoning of newly annexed land lying generally on the south
18 side of Terry Drake Road and east of Old Big Cove Road to
19 Residence 1-A District, which had been set at the May 8, 2003,
20 regular Council meeting.
21 Ms. Bostick stated the subject property was a 4-1/2 acre
22 tract of land in the Big Cove area, that this was an existing
23 residence and the proposed zoning was Residence 1-A District.
24 President Moon inquired as to whether there was anyone in
25 the audience who wished to speak concerning this matter.
26 There was no response.
0007
1 Councilman Watson moved for approval of Ordinance
2 No. 03-386, concerning the zoning of newly annexed land lying
3 generally on the south side of Terry Drake Road and east of Old
4 Big Cove Road to Residence 1-A District, which was introduced at
5 the May 8, 2003, regular Council meeting, as follows:
6 (ORDINANCE NO. 03-386)
7 Said motion was duly seconded by Councilman Russell.
8 President Moon called for the vote on Ordinance No. 03-386,
9 and it was unanimously adopted.
10 President Moon stated it was the time and place in the
11 meeting for a public hearing on an appeal of the City Liquor
12 License Review Committee approving an Off-Premise Beer and Wine
13 License to Abedelsalam M. Rabah, d/b/a Hi and Bye Grocery & Deli,
14 at 2212 Clinton Avenue, which hearing was set at the May 22,
15 2003, regular Council meeting.
16 Mr. Dennis Cole of the City Clerk-Treasurer's Office
17 appeared before the Council, stating this application had been
18 submitted to the City Clerk-Treasurer's Office on March 3 and was
19 introduced to the License Review Committee on March 6th. He
20 stated the application had come before the Committee on April 3
21 and had been postponed because of some parking-on-City-right-of-
22 way concerns. He stated the matter had been reviewed by the
23 proper departments and cleared for approval and that on May 15th
24 the License Review Committee had unanimously approved the
25 application and that on May 16th the decision was appealed.
26 President Moon inquired as to whether there was anyone in
0008
1 the audience who wished to speak concerning this matter.
2 Mr. Michael Jerome Lacy, 5000 Ortega Circle, appeared before
3 the Council, stating that his reason for appealing the decision
4 was because there was already a problem in this area, noting
5 there were five convenience stores operating within a small area.
6
7 He stated he had seen all the youth coming before the Council and
8 receiving awards because they had mentors and were staying away
9 from drugs and alcohol. He stated they did not need another
10 convenience store in this area selling alcohol and beer. He
11 stated the youth in that area did not have a chance because there
12 would be another convenience store being open late at night where
13 they could possibly get alcohol. He asked that the Council not
14 approve this liquor license.
15 Mr. Donald Rice, 2307 Clinton Avenue, appeared before the
16 Council, stating he felt to have an additional liquor license in
17 this area was not appropriate at this time, that he did not feel
18 it would be good for the neighborhood.
19 Mr. Dennis Eason, 2202, Apartment C, Braham, Butler Terrace,
20 appeared before the Council, stating that he did not see a
21 problem with the Hi and Bye store having a liquor license since
22 other stores in the area were selling liquor. He stated the
23 owners were nice people who were just trying to run a business.
24 Mr. C. Wayne Morris appeared before the Council, stating he
25 owned the property next door to the establishment, being 2206
26 Clinton Avenue West. He stated he was opposed to the liquor
27 license being granted, not because he was the adjacent property
0009
1 owner but because he saw what went on in the community. He
2 stated that as an attorney he was aware of the problems caused by
3 alcohol in low-income neighborhoods, noting that Butler Terrace
4 had numerous problems. He stated the subject building had been
5 before the Council on two other occasions for liquor sales and
6 had been turned down. He stated such establishments had
7 saturated this neighborhood and they did not need another beer
8 store in the area. He stated residents of the area had submitted
9 140 signatures to a petition to the Committee previously, stating
10 that these were persons in the neighborhood who were opposed to
11 more beer being sold in the area.
12 Mr. Michael Lambert appeared before the Council, stating
13 that he was an attorney representing Hi and Bye Grocery & Deli.
14 He stated that his office was located approximately 1/2 block
15 from Mr. Morris' office, immediately adjacent to the housing
16 community in question. He introduced Mr. Rabah, the owner of the
17 facility, and his family to the Council and the audience. He
18 stated they had come to the community with the intention of
19 offering quality service and quality care to the people in the
20 area and that in doing so they had taken a very run-down building
21 and renovated it. He stated he would like to submit pictures to
22 the Council showing before and after photographs of the facility.
23
24 He stated that as with any business, deli sales were fine but the
25 profit margin was measured by and large by beer and wine sales.
26 He stated this was not concerning a liquor license to sell hard
27 liquor, that it was simply a beer and wine license. He stated no
0010
1 one without proper identification would be allowed to buy liquor
2 or tobacco in the store and no one would be permitted to sell
3 drugs on the property. He stated all patrons of the facility
4 were treated with dignity and respect, noting this was something
5 that was certainly needed in the community. He stated Mr. Rabah
6 certainly had the cleanest store in the community. He stated if
7 he were granted this license, it would permit him to stay in
8 business, noting he had met all the requirements.
9 Mr. Lambert presented a petition purportedly signed by
10 persons who did not oppose the granting of this beer and wine
11 license. He stated that he also had a petition of persons who
12 resided within a 500-foot radius who were not opposed to the
13 granting of this license. He stated that Mr. Rabah had made an
14 effort to determine that he would not negatively impact the
15 community. He stated Mr. Rabah was an ex-police officer who had
16 come from California to establish this business and that he
17 intended to provide persons in this community a facility where
18 they could shop with dignity and respect and be treated well.
19 (PETITIONS SUBMITTED BY MR. LAMBERT)
20 Mr. Haitham Musa appeared before the Council, stating he was
21 a candy distributor and that out of three stores located on
22 Clinton, the Hi and Bye facility was the only one that could be
23 approved for his product to be displayed. He stated the store
24 was kept in very good condition while the other stores were
25 crowded and neglected. He stated he felt the owner should be
26 granted the license.
0011
1 Mr. Morris stated that Mr. Cole had the petition containing
2 140 signatures and stated that he would like to have this
3 submitted to the Council also.
4 (PETITION SUBMITTED BY MR. MORRIS)
5 Ms. Carrie Brock, 306 Lowry Street, appeared before the
6 Council, stating that the store under discussion was nice and
7 that she would not mind going in and trading in the store but
8 that she would not buy any beer or wine. She stated she was not
9 faulting the owner about opening a store, that she was glad he
10 was, but that she was just asking him not to sell any liquor.
11 Mr. Sam Alaska appeared before the Council, stating he was
12 the owner of the Wavaho gas station at 2305 Governors Drive. He
13 stated that a few months prior some persons had come into his
14 store and attempted to do a deal with him if he would give them
15 money so they could come to the City Council to make objections
16 to Mr. Rabah's having the beer license.
17 Ms. Lily Armstrong, 216 Seminole Drive, Johnson Towers,
18 appeared before the Council, stating she had been working for
19 Mr. Rabah since he opened, that she was a cook there. She stated
20 she liked to go into a store where she was treated with respect
21 and that the store was nice and clean.
22 President Moon stated that the public input portion of the
23 public hearing was closed.
24 Councilman Showers inquired of Mr. Cole if it was correct
25 that in his earlier report to the Council he had indicated this
26 particular request by Mr. Rabah had met all the standards.
0012
1 Mr. Cole replied in the affirmative.
2 Councilman Showers asked Mr. Joffrion what the result would
3 be if the Council took no action on this matter at this time.
4 Mr. Joffrion stated that if no action were taken, the
5 decision of the License Review Committee would stand and the
6 license would be approved. He stated that in order to override
7 the decision, there would have to be a motion to deny the license
8 and an affirmative vote by a majority of the Council.
9 President Moon inquired as to whether there was a motion.
10 There was no response.
11 The action died for lack of a motion.
12 President Moon stated that the decision of the License
13 Review Committee would stand.
14 President Moon stated it was the time and place in the
15 meeting for a public hearing on a resolution authorizing the City
16 Clerk-Treasurer to assess the cost of removing the interior
17 furniture, clothing, household items, cardboard boxes of items,
18 bedding, and other debris located at 1100 Oster Drive.
19 Mr. Jerry Galloway of Community Development stated that at
20 the Council meeting of May 8 the Council by Resolution No. 03-378
21 had authorized removal of these items from this property. He
22 stated the items had been removed on May 9th, with considerable
23 help from Public Works and Landscape Management and from the
24 police prisoners. He stated it had taken several hours to remove
25 the debris, with the use of various equipment, and that 37.6 tons
26 had been removed, at a cost of $7,027.52. He stated the owner
0013
1 had been forwarded a letter requesting payment for this cost and
2 had failed to respond to this request within the 30 days which
3 they had to respond. He stated that he was at this time
4 requesting that the Council put an assessment on the property to
5 collect the costs. He stated the owner had been notified in
6 writing of the proposed action at this time.
7 President Moon inquired as to whether there was anyone in
8 the audience who wished to speak concerning this matter.
9 Dr. Nell Anthony, 1820 Bethany Lane, appeared before the
10 Council, stating she shared the Council's concern about this
11 matter. She stated she felt it was important for the Council to
12 assure that property owners understood the full responsibility
13 they had when they rented property. She noted that the person
14 who had been residing at this residence had done a serious
15 disservice to the property owners, noting that the renter had
16 stopped paying rent and had torn up the house. She stated that
17 she was aware this was not the responsibility of the Council but
18 stated she was concerned about the owners having not had a fair
19 length of time to raise whatever money would be needed to pay the
20 costs. She stated she also felt they should have been given an
21 extended time to make contact with someone to remove the debris.
22 She stated the owners had not been aware of what formula was used
23 or what the dates were when they would have been required to have
24 had everything cleaned up. She stated that even at this time
25 they did not have any paperwork showing a breakdown of the costs.
26
27 She stated they did have a composite, very expensive fee the City
0014
1 had now leveled against them, with a plan to put a lien on their
2 property. She stated the owners had not asked her to speak for
3 them, that she had just felt motivated to do so.
4 Mr. Galloway stated that the State procedure and the public
5 nuisance notice the Council had enacted required that the
6 property be posted for two weeks. He stated that his department
7 had immediately notified the owner there would be a public
8 hearing in two weeks to resolve the issue and to have some time
9 to remove the debris, and that at the public hearing if the
10 Council so chose by resolution, the Council would remove the
11 items. He stated that the City had an obligation to the
12 neighborhood and noted that this debris was causing considerable
13 potential health and safety hazards. He stated there was
14 excessive debris at this location and that it took considerable
15 manpower to remove it. He stated that once the property was
16 cleared, the owners had been forwarded a bill for the cost and
17 had been given 30 days to respond. He stated they had failed to
18 do so and that was why he was at this time requesting that an
19 assessment be placed against the property.
20 Mr. Joffrion stated that in addition to the formal statutory
21 notification, he had been in contact with the attorney who had
22 represented the owners in the eviction process and stated that
23 the attorney represented to him that he had made contact with the
24 owners on two occasions to apprise them of this matter.
25 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
26 Council, stating that she had observed this debris and that it
0015
1 was certainly a disaster. She inquired as to whether the owners
2 had been notified by registered letter.
3 Mr. Galloway stated that the law required that this be done
4 by regular mail but that it was his belief that it was registered
5 mail on one notice.
6 Ms. Reed stated she felt the Council should give the owners
7 an additional 30 days before placing a lien on the property.
8 Councilman Watson noted the lien could be paid at any time
9 and that it would need to be paid before the property were sold.
10 Dr. Anthony inquired as to whether there was a formula by
11 which the City determined the length of time and the cost for
12 such matters.
13 Mr. Galloway stated this was available by the cost of the
14 equipment and the hours involved.
15 President Moon asked if this were public record.
16 Mr. Galloway replied in the affirmative.
17 Dr. Anthony stated that she felt the owners deserved to have
18 a copy of this. She noted, also, that the back yard had been
19 destroyed by the large equipment.
20 Councilman Russell read and introduced a resolution
21 authorizing the City Clerk-Treasurer to assess the cost of
22 removing the interior furniture, clothing, household items,
23 cardboard boxes of items, bedding, and other debris located at
24 1100 Oster Drive, as follows:
25 (RESOLUTION NO. 03-488)
26 Councilman Russell moved for approval of the foregoing
0016
1 resolution, which motion was duly seconded by Councilman Watson,
2 and was unanimously adopted.
3 President Moon stated the next item on the agenda was Public
4 Hearings to be Set.
5 Councilman Watson read and introduced a resolution to set a
6 public hearing on the zoning of newly annexed land lying
7 generally on the east side of County Line Road and south of U.S.
8 Highway 72 West to Highway Business C-4 District, on July 10,
9 2003, as follows:
10 (RESOLUTION NO. 03-489)
11 Councilman Watson moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Showers,
13 and was unanimously adopted.
14 Councilman Watson read and introduced Ordinance No. 03-490,
15 concerning the zoning of newly annexed land lying generally on
16 the east side of County Line Road and south of U.S. Highway 72
17 West to Highway Business C-4 District.
18 Councilman Watson read and introduced a resolution to set a
19 public hearing on the zoning of newly annexed land lying
20 generally on the south side of U.S. Highway 72 West and on the
21 west side of County Line Road to Highway Business C-4 District,
22 on July 10, 2003, as follows:
23 (RESOLUTION NO. 03-491)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Showers,
26 and was unanimously adopted.
0017
1 Councilman Watson read and introduced Ordinance No. 03-492,
2 concerning the zoning of newly annexed land lying generally on
3 the south side of U.S. Highway 72 West and on the west side of
4 County Line Road to Highway Business C-4 District.
5 Councilman Kling read and introduced a resolution to set a
6 public hearing on the zoning of newly annexed land lying
7 generally on the east side of Mohawk Road and north of Olmstead
8 Road to Residence 1-B District, on July 10, 2003, as follows:
9 (RESOLUTION NO. 03-493)
10 Councilman Kling moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Showers,
12 and was unanimously adopted.
13 Councilman Kling read and introduced Ordinance No. 03-494,
14 concerning the zoning of newly annexed land lying generally on
15 the east side of Mohawk Road and north of Olmstead Road to
16 Residence 1-B District.
17 Councilman Showers read and introduced a resolution to set a
18 public hearing on the zoning of newly annexed land lying
19 generally on the south side of U.S. Highway 72 West and on the
20 east side of County Line Road to Highway Business C-4 District,
21 on July 10, 2003, as follows:
22 (RESOLUTION NO. 03-495)
23 Councilman Showers moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Russell,
25 and was unanimously adopted.
26 Councilman Showers read and introduced Ordinance No. 03-496,
0018
1 concerning the zoning of newly annexed land lying generally on
2 the south side of U.S. Highway 72 West and on the east side of
3 County Line Road to Highway Business C-4 District
4 Councilman Showers read and introduced a resolution to set a
5 public hearing for Rocket City Shuttle for (5) five limousines,
6 on June 26, 2003, as follows:
7 (RESOLUTION NO. 03-497)
8 Councilman Showers moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilman Kling moved to set a public hearing on the appeal
12 of the City Liquor License Review Committee approving a Class 1
13 Restaurant Liquor License to Carlton Cove, Inc., d/b/a Carlton
14 Cove, at One Carlton Cove Boulevard, on June 26, 2003, which
15 motion was duly seconded by Councilman Watson, and was
16 unanimously approved.
17 Councilman Russell asked that the Council consider item 14.d
18 out of order at this time.
19 Councilman Russell read and introduced Ordinance No. 03-498,
20 concerning an amendment to Article IV, Smoking in Public Places,
21 of Chapter 14, Health and Sanitation, of the Code of Ordinances,
22 City of Huntsville, Alabama, as adopted and approved on the 24th
23 day of April, 2003.
24 Councilman Russell stated the above ordinance would further
25 restrict smoking in public places. He stated he wanted to bring
26 this issue into the public spectrum so that debate and discussion
0019
1 could lead the Council into doing what was best for the citizens
2 of the city. He stated that he saw three components of this
3 issue, with the first one being individual rights, the rights of
4 the smoker to smoke; the rights of the non-smoker to breathe
5 clean air; and the rights of the business person to choose how to
6 serve their customers. He stated that the second component was
7 the economic effect, how the ordinance would affect the local
8 economy, if smokers would refuse to spend their entertainment
9 dollars in Huntsville and if non-smokers would arrive from
10 surrounding areas to enjoy the clean air; and what was the cost
11 of smoking to society and what portion of tax dollars went to
12 cover this and if this was the greatest cost of all. He stated
13 that the most important issue was health. He stated that he felt
14 most persons would agree that smoking was harmful to the
15 individual that smoked but stated that the question was if it was
16 harmful to others. He stated that the dangers of second-hand
17 smoke had to be considered.
18 Councilman Russell stated that the ordinance he had
19 introduced was strict, that it would basically prohibit smoking
20 in all indoor facilities. He stated that it did allow for
21 smoking in certain outdoor areas and that it exempted private
22 clubs and organizations.
23 Councilman Russell asked that the Council schedule a work
24 session at a convenient time for the Council, the public, and the
25 media to discuss this issue. He stated that in the short time
26 this issue had been in the public light, he had seen areas of
0020
1 compromise and suggestions from both the public and business
2 owners that might alleviate non-smokers being exposed but allow
3 smokers a place to enjoy their smoking. He stated that he
4 understood this issue was emotional on both sides.
5 President Moon stated the next item on the agenda was
6 Communications from the Public.
7 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
8 Council, urging the public to vote against the tax bill.
9 Ms. Reed stated that she was concerned about two large
10 trucks that were parked at the corner of Jordan Lane and Holmes
11 Avenue and asked that someone look into this situation. She
12 stated that there was also high grass in this area.
13 Ms. Reed expressed concern about the proposed hotel, stating
14 that the matter should be brought before the public.
15 Councilman Kling stated he had asked questions concerning
16 the hotel but had not seen any specific proposals. He stated he
17 had been assured by the Administration that there would be a work
18 session held concerning this matter at the proper time.
19 Mr. Robert McKee, 1701 Waller Road, appeared before the
20 Council, stating that at one time the time provided to citizens
21 to express their views and opinions to the Council members was
22 unlimited, within reason, and then was reduced to 10 minutes, and
23 then to 5 minutes, and had now been reduced to 3 minutes. He
24 noted that the Council members had little restriction on talk and
25 debate. He stated this appeared to be a somewhat convoluted
26 relation between the people and government.
0021
1 Mr. McKee stated that as he understood it, at this time only
2 one member of the Council had the benefit of having operated a
3 business. He stated that a lot of business people in town were
4 going to be affected by the smoking issue. He stated he
5 certainly agreed that smoking in certain facilities, such as
6 hospitals, doctors' offices, government offices, and theaters,
7 should be restricted. He stated that, however, privately held
8 businesses such as bars, restaurants, lounges, et cetera, should
9 be allowed self-determination in this matter. He stated it
10 should be a citizen's right to patronize as he saw fit either
11 smoking or non-smoking facilities, dictated by the business owner
12 and the customer, and not by the City Council or by government at
13 any level. He stated he felt if the City dictated that all
14 businesses be smoke-free, this would constitute an encroachment
15 on the rights of the business people and their customers. He
16 stated that an anti-smoking ordinance, if passed, could result in
17 a loss of revenue for the City.
18 Dr. Charles Horton, Jr., 3003 Summit View Circle, appeared
19 before the Council, stating he was a Huntsville native and a
20 local pediatrician and that he represented the staff and
21 volunteers of the American Cancer Society. He stated that
22 speaking before the Council might be the most important thing he
23 would do in his career for the health of the children in the
24 community and for the non-smokers in the community. He stated he
25 strongly believed there were no valid arguments against the anti-
26 smoking ordinance. He stated the Council members should decide
0022
1 whether they sided with science and logic or the influences of
2 the tobacco companies. He stated science said second-hand smoke
3 caused cancer and disease and noted this was not refuted by the
4 reputable scientific organizations. He stated that the only
5 people who refuted these statements were tobacco companies or
6 persons supported by the tobacco companies. He stated that
7 science said restaurants were not harmed by clean air laws, that,
8 on the contrary, revenues remained the same or increased. He
9 stated this data was available from more than 80 locales across
10 the country, including large cities, small cities, et cetera. He
11 stated that the only studies that had been done that showed data
12 to the contrary had been funded by the tobacco companies and that
13 they were poorly done studies. He stated that one had to think
14 of what would be the motivation of the scientific community
15 versus the tobacco companies. He stated tobacco companies stood
16 to make money if the proposed ordinance did not pass. He stated
17 that what the medical community stood to gain was the health of
18 the community. He stated that the ordinance would not prevent a
19 single smoker from dining in his restaurant of choice. He stated
20 that currently many non-smokers could not dine where they would
21 choose due to the health effects of second-hand smoke. He stated
22 passing the ordinance would be the most important thing the
23 Council members could do to improve the health of the citizens.
24 Mr. John Wilson appeared before the Council, stating he was
25 with the American Heart Association, with offices at 605 Davis
26 Circle, Southwest. He stated he was present at this time to
0023
1 acquaint the Council with the dangers of second-hand smoke as it
2 related to heart disease. He stated these dangers were very well
3 documented and were well known. He stated second-hand smoke
4 resulted in more than 35,000 deaths each year of non-smokers in
5 the United States. He stated as little as 30 minutes of exposure
6 to second-hand smoke could actually damage the heart. He stated
7 this was because there were over 4,000 different chemicals in
8 second-hand smoke. He stated that breathing second-hand smoke
9 caused the heart rate to increase and the arteries to constrict
10 and increased the buildup of plaque on the walls of the artery,
11 noting that this was a condition that could lead to hardening of
12 the arteries and blockages. He stated that second-hand smoke
13 would actually increase the risk of a coronary event about 30
14 percent. He stated approximately 245 communities nationwide had
15 banned smoking in public places. He stated they had done so
16 because when cigarette or cigar smoke was present in a restaurant
17 or a bar, a person had no choice but to breathe the smoke-filled
18 air. He stated tobacco smoke did not stop at the imaginary line
19 in the floor that separated "Smoking" and "Non-Smoking" sections,
20 that it continued to circulate in the air and contaminate it. He
21 urged the Council to adopt a smoke-free ordinance.
22 Mr. Maurice Bedsole, 700 Weatherly Road, appeared before the
23 Council, congratulating Councilman Showers for writing the
24 current smoking ordinance which he stated had worked very well in
25 the city for many years. He stated that if there were no demand
26 for something, such as smoking restaurants, they would go out of
0024
1 business, that they did not have to be legislated out of
2 business. He stated there were already non-smoking restaurants
3 in Huntsville and stated that the larger the demand for this, the
4 more of them that would open. He stated that to ban smoking in
5 all restaurants and bars would put a lot of small businesses out
6 of business. He stated this would stop this tax money from
7 coming into the City, both sales tax and liquor tax. He stated
8 in California there were 139 less full-service restaurants and
9 bars five years after they passed the non-smoking ordinance. He
10 stated that at this time San Francisco was at a 1994 level on
11 tourism trade due to the no-smoking issue. He urged the Council
12 to let the marketplace decide what would happen in this matter.
13 Jason Guy, 1410 McClung Avenue, appeared before the Council,
14 stating he was a new resident of the city. He stated he was a
15 smoker and that he was very courteous to non-smokers. He stated
16 he was also a concert pianist and that he had worked in
17 correlation with the American Cancer Society on a number of
18 events. He stated that, however, his issue was with the business
19 owners. He stated it was their right to have a decision whether
20 to have smoking or not have smoking. He stated that restaurants
21 should be required to post if they were a smoking establishment
22 so that a person would know this before he went in the door and
23 could choose to go somewhere else. He stated that if smoking
24 were banned in all restaurants, he would take his business
25 elsewhere, whether it would be in Madison or Tennessee, noting
26 this was his choice.
0025
1 Mr. Bobby Grubbs, 10024 Willow Park Drive, appeared before
2 the Council, stating he was appearing in opposition to the
3 proposed anti-smoking ordinance. He stated he had been in the
4 restaurant business in Huntsville, Alabama, since 1963. He
5 stated they were not in business to poison people's lungs or
6 poison their minds, that they were there for them to have a place
7 to be entertained. He stated they asked their customers what
8 they wanted and that they created clean air facilities in their
9 restaurants. He stated that smokers did not like a lot of smoke,
10 either. He stated it was not right, however, for the Council to
11 say they could or could not do this. He asked that they give
12 them a choice and let them attempt to do their job. He stated
13 they had surveyed their customers and that they had over 6100
14 signatures from their customers on petitions against the proposed
15 ordinance. He stated they would be happy to show these to the
16 Council and to provide them copies of them. He stated the small
17 businesses in the city could not survive another shutdown. He
18 stated they had lost machines, as the Council was aware. He
19 stated that the liquor tax in the city was higher than in any
20 city he was aware of in the United States, noting they were
21 paying approximately 20 percent on every drink they served. He
22 stated he believed 12 percent of this went to the Von Braun
23 Center. He stated that persons came into his restaurant and
24 stayed all day Saturdays and Sundays to watch the ball games. He
25 stated that if smoking were cut out for the smokers, they would
26 not come in, that they would go to home parties or to Madison, et
0026
1 cetera. He asked the Council to work with him on this issue.
2 Ms. Pamela Creech, 2409 Huntsville Street, appeared before
3 the Council, stating that her father had fought for her right to
4 be before the Council and for the right of choice. She stated it
5 would be discrimination against the small business owners, the
6 small neighborhood bar owners, and the small restaurant owners to
7 not allow smoking in these facilities but to allow smoking in
8 private facilities. She stated it was the right of citizens to
9 smoke and it should be the right of business owners to allow
10 smoking. She stated that there could be smoking sections and
11 non-smoking sections, noting that this was already in effect, and
12 urged the Council to compromise on this issue.
13 Mr. Paul Thornton, 114 Poplar Green Lane, Harvest, appeared
14 before the Council, stating he owned several restaurants and bars
15 in the city. He stated he was glad the Council would be holding
16 a work session concerning this matter. He stated that Montgomery
17 had passed this too quickly and it had now been rescinded. He
18 stated that in New York there had been some bad results from the
19 ban, that crime had gone up because everyone was out on the
20 street smoking instead of in the restaurants and bars smoking.
21 He noted, also, that if everyone were outside, the noise would
22 definitely go up. He stated he wanted to be involved with the
23 work sessions and would like to be advised concerning this.
24 Ms. Margaret Sisler, 1503 Wells Avenue, appeared before the
25 Council, stating she was a smoker and that she liked to go out
26 and have a cigarette with her dinner. She stated the ordinance
0027
1 had been passed in Montgomery and that her parents lived in
2 Montgomery and they could not go to a nice restaurant any more to
3 have dinner because they smoked. She stated their ordinance
4 stated that a person could not smoke until after 9:00 and noted
5 that there was not a restaurant that stayed open after 9:00 to
6 which an older couple could drive. She stated she wanted the
7 Council to consider this matter. She stated she understood that
8 the medical association had put out a statement recently stating
9 that second-hand smoke was only a discomfort, that it was not a
10 cancer-causing problem.
11 Ms. Amanda Robertson, 249 Kildare Street, appeared before
12 the Council, stating she was a smoker, a taxpayer, and a voter.
13 She stated she enjoyed smoking and she would not go to a
14 restaurant or a bar where she could not smoke. She stated she
15 would not give money to establishments that would not give her
16 the right to choose and would not support a government that would
17 not give business owners the right to choose. She stated there
18 were many more harmful things in the air than cigarette smoke.
19 She stated she felt there were many options to better serve non-
20 smokers and give them more options for cleaner air, as well as
21 smokers. She stated that part of being in America was having the
22 right to smoke and she felt it would be unconstitutional to take
23 that right away.
24 Ms. Kim Latham, 2024 North Memorial Parkway, appeared before
25 the Council, stating she agreed with the persons who had stated
26 that persons should be given a choice as to smoking. She stated
0028
1 they also had to think about persons such as herself who worked
2 in these places who were all going to be out of a job. She
3 stated she had children in school and she had to pay taxes for
4 that, and for everything else, and that she was a smoker, so they
5 were getting tax money from her on that. She inquired as to
6 whether they were going to take the jobs also.
7 Mr. Jim Brown, 3100 Seventh Avenue, appeared before the
8 Council, stating he had not smoked in more than 20 years and that
9 he felt it was a dirty, nasty, unhealthy habit. He stated,
10 however, that persons had the right to smoke and he was opposed
11 to the proposed ordinance. He stated he had thought the rezoning
12 of the area where he lived was the most ludicrous thing the
13 Council had done but stated that evidently he was wrong. He
14 stated this would infringe on persons' rights. He stated that if
15 people did not want to go somewhere where people smoked, they
16 just should not go. He stated that Montgomery had passed their
17 ordinance and rescinded it in less than 90 days and that business
18 in New York City was down 10 to 14 percent.
19 President Moon stated she knew she could speak for the
20 entire Council in saying there would be due deliberation on this
21 matter.
22 President Moon stated there would be a 10-minute recess.
23 (Recess.)
24 President Moon reconvened the meeting.
25 President Moon stated the next item on the agenda was
26 Huntsville Utilities Items.
0029
1 Councilman Kling read and introduced a resolution
2 authorizing the purchase of a 40 MVA mobile substation, as
3 follows:
4 (RESOLUTION NO. 03-498A)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing the installation of an underground primary
10 distribution circuit to provide service to the new Huntsville
11 High School, as follows:
12 (RESOLUTION NO. 03-499)
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 approximately 2,100' of 18" water
18 mains along Little Cove Road in the Hampton Cove area, as
19 follows:
20 (RESOLUTION NO. 03-500)
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 installation of approximately 1,800' of 12" and
26 8" water mains along Farrow Road, east of Slaughter Road into
0030
1 Research Park, as follows:
2 (RESOLUTION NO. 03-501)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Watson,
5 and was unanimously adopted.
6 President Moon stated the next item on the agenda was Board
7 Appointments to be Voted on.
8 Councilman Russell read and introduced a resolution to
9 appoint Cathy Hale to the Beautification Board for a partial term
10 to expire February 10, 2006, as follows:
11 (RESOLUTION NO. 03-502)
12 Councilman Russell moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 President Moon stated the next item on the agenda was Board
16 Appointment Nominations.
17 Councilman Watson nominated Thomas Winstead for appointment
18 to the Huntsville Electric Utility Board, for a term to expire
19 July 1, 2006.
20 President Moon nominated Teresa Bingham for reappointment to
21 the Huntsville-Madison County Marina & Port Authority, for a term
22 to expire July 1, 2008.
23 President Moon nominated Dr. Ellen Brusick for appointment
24 to the Alabama Constitution Village/Historic Huntsville Depot
25 Board, for a term to expire June 26, 2006.
26 President Moon nominated Tommy Battle for reappointment to
0031
1 the Alabama Constitution Village/Huntsville Depot Board, for a
2 term to expire June 26, 2006.
3 President Moon nominated Evans Quinlivan for reappointment
4 to the Alabama Constitution Village/Huntsville Depot Board, for a
5 term to expire June 26, 2006.
6 Councilman Showers nominated William M. Johnson for
7 reappointment to the Huntsville Natural Gas Utility Board, for a
8 term to expire July 1, 2006.
9 Councilman Showers nominated William M. Johnson for
10 reappointment to the Huntsville Water Utility Board, for a term
11 to expire July 1, 2006.
12 Councilman Kling nominated Dr. Isaiah Ezell for appointment
13 to the Huntsville Natural Gas Utility Board, for a term to expire
14 July 1, 2006.
15 Councilman Kling nominated Dr. Isaiah Ezell for appointment
16 to the Huntsville Water Utility Board, for a term to expire
17 July 1, 2006.
18 Councilman Kling inquired as to the status of the intent
19 expressed by Sci-Quest to allow the Council to make appointments
20 to its Board.
21 President Moon asked that Councilman Watson follow up on
22 this matter.
23 President Moon stated the next item on the agenda was
24 Approval of Expenditures.
25 Councilman Kling read and introduced a resolution
26 authorizing expenditures for payments, as follows:
0032
1 (RESOLUTION NO. 03-503)
2 Councilman Kling moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Showers,
4 and was unanimously adopted.
5 President Moon stated the next item on the agenda was
6 Communications from the Mayor.
7 Mayor Spencer stated that the internet services available to
8 the community were being broadcast on Channel 42 seven times a
9 day. She stated that at the web site the community could find
10 services, City Council meeting information, et cetera. She
11 encouraged the public to take advantage of this opportunity.
12 Mayor Spencer stated that Mr. Danny Shea had been asked by
13 the Air Pollution Control Board to recognize the efforts of the
14 National Resource Division. She stated they wanted to make the
15 community aware of the benefits of taking advantage of certain
16 opportunities concerning the environment, such as that vehicle
17 refueling in the cooler evening hours reduced gasoline
18 evaporation and helped the air quality, proper tire inflation
19 improved fuel economy and lowered emissions, consolidating
20 errands saved time and reduced automobile emissions, and going
21 into a bank or a restaurant rather than idling in the drive-
22 through line eliminated a source of emissions.
23 President Moon stated the next item on the agenda was
24 Communications from Council Members.
25 Councilman Russell stated that the web page had certainly
26 been convenient for him, noting he was able to look up ordinances
0033
1 without having to obtain a hard copy from the Clerk-Treasurer's
2 office. He stated he would like to hear from constituents if
3 they had other needs that could be served on the internet.
4 Councilman Watson stated the University Drive overpass plans
5 had been altered and there would not be an elevator at the end
6 but ramps on both ends. He stated he felt this was a good thing.
7 Councilman Kling stated he had spoken to Mr. Wayne Bonner,
8 Chairman of the Von Braun Center Board, and had been informed
9 that an agreement had been reached with Mr. John Cherney and that
10 professional hockey would be returning to the Center.
11 Councilman Kling stated that there seemed to be a recurring
12 problem at the intersection of Governors Drive and Governors
13 Place, having to do with cars going down Governors Drive, headed
14 west, that would often run the red light when the Governors Place
15 traffic light would turn green. He asked if perhaps the
16 Engineering Department could do something concerning this matter,
17 perhaps changing the timing or making the yellow light longer so
18 that the danger of cars running this light might be alleviated.
19 Councilman Kling expressed concern about the construction
20 occurring at the Drake and Whitesburg intersection, stating that
21 the prior day southbound traffic on Whitesburg Drive had been
22 merged into one lane. He asked that an attempt be made to not
23 block off these lanes during rush-hour traffic.
24 President Moon thanked Ms. Becky Pierce for the dinner that
25 had been provided to the Council earlier in the evening.
26 President Moon recognized Judge Rodenhauser and stated that
0034
1 she had been advised that a group from Louisiana was coming to
2 Municipal Court to observe how court was conducted. She inquired
3 as to whether this was correct.
4 Judge Rodenhauser replied in the affirmative, stating that
5 he understood they had been told they were a model court and that
6 they wanted to see the innovations.
7 President Moon congratulated Judge Rodenhauser for this,
8 stating that she understood they had been told that the City had
9 the best court system in the Southeast.
10 President Moon stated the next item on the agenda was
11 Unfinished Business Items for Action.
12 Councilman Showers moved for approval of Ordinance No.
13 03-443, concerning the annexation of land lying generally north
14 of University Square, which was introduced at the May 22, 2003,
15 Council meeting, as follows:
16 (ORDINANCE NO. 03-443)
17 Said motion was duly seconded by Councilman Kling.
18 President Moon called for the vote on Ordinance No. 03-443,
19 and it was unanimously adopted.
20 Councilman Showers moved for approval of Ordinance No.
21 03-446, to amend Section 10 (Family and Medical Leave Act),
22 Section 17 (HIPPA Privacy Regulations), and Section 18 (Drug and
23 Alcohol Policy) of the Personnel Policies and Procedures Manual,
24 which was introduced at the May 22, 2003, Council meeting, as
25 follows:
26 (ORDINANCE NO. 03-446)
0035
1 Said motion was duly seconded by Councilman Russell.
2 President Moon asked Mr. Joffrion to comment on the above
3 ordinance.
4 Mr. Joffrion stated that these were amendments that had to
5 be acted on fairly quickly to assure that the City's personnel
6 policies were in compliance with Federal regulations. He stated
7 this was prior to a complete overhaul of the Personnel Manual.
8 Councilman Showers asked Mr. Fortner to explain the
9 amendments.
10 Mr. Danny Fortner stated that, as Mr. Joffrion had stated,
11 the ordinance was to amend sections of the Employee Handbook,
12 with anything dealing with Federal regulations. He stated that
13 as far as Section 10, Family and Medical Leave Act, this had been
14 added to the handbook; that as far as Section 17, HIPPS Privacy
15 Regulations, this dealt with confidentiality and medical records;
16 and that there were also amendments to the Drug and Alcohol
17 Policy, all pursuant to federal law.
18 President Moon called for the vote on Ordinance No. 03-446,
19 and it was unanimously adopted.
20 President Moon stated the next item on the agenda was New
21 Business Items for Introduction.
22 President Moon read and introduced Ordinance No. 03-504,
23 concerning the repeal of Ordinance No. 00-979, adopted on
24 January 25, 2001, which amended the Zoning Ordinance of the City
25 of Huntsville.
26 President Moon read and introduced Ordinance No. 03-505,
0036
1 concerning the annexation of land lying generally on the north
2 side of Mohawk Road and west of Taylor Road.
3 President Moon read and introduced Ordinance No. 03-506,
4 amending the Solid Waste Disposal Ordinance, providing for
5 shields for dumpsters.
6 President Moon stated the next item on the agenda to be
7 considered was an ordinance concerning the annexation of land
8 lying generally on the north side of U.S. Highway 72 West and on
9 the east side of Huntsville Memory Gardens Cemetery.
10 President Moon asked Ms. Bostick to comment on this item.
11 Ms. Bostick stated that this concerned annexation of
12 22.15 acres of land on the north side of U.S. Highway 72
13 immediately west of Providence. She stated the owners of the
14 property were anxious to continue with their development plans
15 and had requested that unanimous consent be given on this item at
16 the current meeting, in order to expedite the process.
17 Councilman Showers read and introduced an ordinance
18 concerning the annexation of land lying generally on the north
19 side of U.S. Highway 72 West and on the east side of Huntsville
20 Memory Gardens Cemetery, as follows:
21 (ORDINANCE NO. 03-507)
22 Councilman Showers moved that unanimous consent be given for
23 the immediate consideration of and action on said ordinance,
24 which motion was duly seconded by Councilman Russell, and upon
25 said motion being put to vote, the following vote resulted:
26 AYES: Russell, Kling, Showers, Watson, Moon
0037
1 NAYS: None
2 President Moon stated that the motion for unanimous consent
3 for immediate consideration of and action on said ordinance had
4 been unanimously carried.
5 Councilman Showers thereupon moved that said ordinance be
6 finally adopted, which motion was duly seconded by
7 Councilman Russell.
8 President Moon called for the vote on the above ordinance,
9 and it was unanimously adopted.
10 President Moon stated the next item on the agenda was New
11 Business Items for Consideration or Action.
12 President Moon stated item 15.dd had been deleted.
13 Councilman Watson read and introduced a resolution
14 authorizing condemnation of sanitary sewer easements over, along,
15 and under parcels of land for the Pulaski Pike Sewer Project, as
16 follows:
17 (RESOLUTION NO. 03-508)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Russell,
20 and was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Clerk-Treasurer to invoke subdivision letter of
23 credit for D.C. Park Subdivision, as follows:
24 (RESOLUTION NO. 03-509)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Russell,
0038
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the condemnation of a utility and drainage easement
4 over, along, and under land for Farrow Road improvements, as
5 follows:
6 (RESOLUTION NO. 03-510)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Russell,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing condemnation of a temporary construction easement
12 over, along, and under parcels of land for Whitesburg Drive and
13 Drake Avenue intersection improvements, as follows:
14 (RESOLUTION NO. 03-511)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Russell,
17 and was unanimously adopted.
18 Councilman Watson read and introduced a resolution
19 authorizing the Mayor to apply for and execute an FY 2004 EPA Air
20 Programs Grant in an amount up to $150,000 to support the City's
21 Air Pollution Control Program, as follows:
22 (RESOLUTION NO. 03-512)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Russell,
25 and was unanimously adopted.
26 Councilman Watson read and introduced a resolution
0039
1 authorizing the Mayor to enter into an agreement with Hill's Pet
2 Nutrition, Inc., as follows:
3 (RESOLUTION NO. 03-513)
4 Councilman Watson moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Russell,
6 and was unanimously adopted.
7 Councilman Watson read and introduced a resolution
8 authorizing the Mayor to enter into an agreement between the City
9 of Huntsville and the Seminole Service Center, as follows:
10 (RESOLUTION NO. 03-514)
11 Councilman Watson moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Russell,
13 and was unanimously adopted.
14 Councilman Watson read and introduced a resolution
15 authorizing the Mayor to enter into an agreement between the City
16 of Huntsville and Tennessee Valley Youth Golf Development -
17 Huntsville, as follows:
18 (RESOLUTION NO. 03-515)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Russell,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the acceptance of donation to Animal Services in the
24 amount of $133.44 from Saks, Inc., for animal care, as follows:
25 (RESOLUTION NO. 03-516)
26 Councilman Watson moved for approval of the foregoing
0040
1 resolution, which motion was duly seconded by Councilman Russell,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the issuance of advance travel funds for Huntsville
5 Fire & Rescue, as follows:
6 (RESOLUTION NO. 03-517)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Russell,
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 bidder as specified in the attached Summary of Bids for
13 Acceptance, as follows:
14 (RESOLUTION NO. 03-518)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Russell,
17 and was unanimously adopted.
18 Councilman Watson read and introduced an ordinance to amend
19 Budget Ordinance No. 02-721, adopted and approved on September
20 26, 2002, to decrease the operating budgets of the Police and
21 Facilities Maintenance departments of the General Fund and
22 increase by an equal amount the General Fund appropriations to
23 the Public Building Authority and Madison County Commission,
24 pursuant to the transfer of jail operations to the County on
25 February 1, 2003, as follows:
26 (ORDINANCE NO. 03-519)
0041
1 Councilman Watson moved for approval of the foregoing
2 ordinance, which motion was duly seconded by Councilman Russell,
3 and was unanimously adopted.
4 Councilman Watson read and introduced an ordinance to amend
5 Budget Ordinance No. 02-721, adopted and approved on September
6 26, 2002, to increase the capital budget for construction of
7 TIF 3 schools and roads in the amount of $33,675,032, the money
8 to be provided by the issue of general obligation warrants in
9 fiscal year 2003, with the result being the projects are fully
10 budgeted as provided in the TIF 3 project plan, as follows:
11 (ORDINANCE NO. 03-520)
12 Councilman Watson moved for approval of the foregoing
13 ordinance, which motion was duly seconded by Councilman Russell,
14 and was unanimously adopted.
15 Councilman Watson read and introduced an ordinance to amend
16 Budget Ordinance No. 02-721, adopted and approved on September
17 26, 2002, by changing appropriated funding and the authorized
18 personnel strength within various departments, as follows:
19 (ORDINANCE NO. 03-521)
20 Councilman Watson moved for approval of the foregoing
21 ordinance, which motion was duly seconded by Councilman Russell,
22 and was unanimously adopted.
23 Councilman Watson read and introduced a resolution
24 authorizing the Mayor to enter into and effectuate an agreement
25 between the City of Huntsville and SCB Computer Technology, Inc.,
26 for the Migration of MAPPER applications to a Windows 2000
0042
1 platform, as follows:
2 (RESOLUTION NO. 03-522)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Russell,
5 and was unanimously adopted.
6 Councilman Watson read and introduced a resolution
7 authorizing the Mayor to execute an agreement between the City of
8 Huntsville and Stewart Electric Co., Inc., for the McGucken Park
9 Soccer Field Lighting, as follows:
10 (RESOLUTION NO. 03-523)
11 Councilman Watson moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Russell,
13 and was unanimously adopted.
14 Councilman Watson read and introduced a resolution
15 authorizing the Mayor to enter into an agreement with OMI, Inc.,
16 for Construction Materials Testing Services for Farrow Road
17 Improvements, Project #65-03-RD03, as follows:
18 (RESOLUTION NO. 03-524)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Russell,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to amend the contract with APAC-Alabama,
24 Inc., for Boeing Boulevard Relocation Project, Project
25 #ST-045-000-005, by Change Order No. 1, as follows:
26 (RESOLUTION NO. 03-525)
0043
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 Councilman Watson read and introduced a resolution
5 authorizing the Mayor to amend the contract with APAC-Alabama,
6 Inc., for Intermodal North Access Roadway, Project
7 #ST-045-888-007, by Change Order No. 1, as follows:
8 (RESOLUTION NO. 03-526)
9 Councilman Watson moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Russell,
11 and was unanimously adopted.
12 Councilman Watson read and introduced a resolution
13 authorizing the Mayor to enter into an agreement with Olympia
14 Gardens, Limited Partnership, for Stormwater Detention Facility
15 Maintenance, as follows:
16 (RESOLUTION NO. 03-527)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Russell,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Mayor to modify the contract with Tetra Tech,
22 Inc., for Big Cove WWTP Sludge Handling Improvements, Project #
23 CS010307-08-03, by Modification No. 1, as follows:
24 (RESOLUTION NO. 03-528)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Russell,
0044
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to amend the contract with Miller & Miller,
4 Inc., for Aldridge Creek Improvements, Green Mountain Road
5 Pedestrian Bridge, Project #65-03-BR02, by Change Order No. 1, as
6 follows:
7 (RESOLUTION NO. 03-529)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Russell,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to enter into an agreement between the City
13 of Huntsville and the Federal Highway Administration for grant
14 monies to be made available in connection with the purchase of
15 Mental Health Center property, as follows:
16 (RESOLUTION NO. 03-530)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Watson,
19 and was unanimously adopted.
20 Councilman Watson read and introduced an ordinance declaring
21 property surplus and conveying said equipment to Alabama A&M
22 University, as follows:
23 (ORDINANCE NO. 03-531)
24 Councilman Watson moved for approval of the foregoing
25 ordinance, which motion was duly seconded by Councilman Russell,
26 and was unanimously adopted.
0045
1 Councilman Watson read and introduced a resolution
2 authorizing the application of FTA Urbanized Area Formula Program
3 assistance for FY 2004, as follows:
4 (RESOLUTION NO. 03-532)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Russell,
7 and was unanimously adopted.
8 Councilman Watson read and introduced an ordinance declaring
9 property surplus and directing disposal at auction, as follows:
10 (ORDINANCE NO. 03-533)
11 Councilman Watson moved for approval of the foregoing
12 ordinance, which motion was duly seconded by Councilman Russell,
13 and was unanimously adopted.
14 Councilman Watson read and introduced a resolution
15 authorizing City Attorney to settle the claim of Kenneth
16 McFarland, Claim No. 03-078, as follows:
17 (RESOLUTION NO. 03-534)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Russell,
20 and was unanimously adopted.
21 Councilman Showers read and introduced a resolution
22 authorizing the City Attorney to settle the City's claim against
23 the Central Church of Christ for violating the Historic
24 Preservation District regulations by acceptance of the sum of
25 $2,000, as follows:
26 (RESOLUTION NO. 03-535)
0046
1 Councilman Showers moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Watson.
3 Councilman Showers withdrew his motion for approval;
4 Councilman Watson withdrew his second to the motion.
5 President Moon inquired as to whether there was a motion on
6 Resolution No. 03-535.
7 Said resolution died for lack of a motion.
8 Councilman Showers read and introduced an ordinance to amend
9 Ordinance 89-79 to rename the position of Facilities Operations
10 Specialist to Facilities Control Specialist, as follows:
11 (ORDINANCE NO. 03-536)
12 Councilman Showers moved that unanimous consent be given for
13 the immediate consideration of and action on said ordinance,
14 which motion was duly seconded by Councilman Russell, and upon
15 said motion being put to vote, the following vote resulted:
16 AYES: Russell, Kling, Showers, Watson, Moon
17 NAYS: None
18 President Moon stated that the motion for unanimous consent
19 for immediate consideration of and action on said ordinance had
20 been unanimously carried.
21 Councilman Showers thereupon moved that said ordinance be
22 finally adopted, which motion was duly seconded by
23 Councilman Kling, and was unanimously adopted.
24 Councilman Showers read and introduced an ordinance to amend
25 Ordinance 89-79 to rename the positions of Animal Control
26 Dispatcher to Animal Services Dispatcher and Animal Control
0047
1 Supervisor to Animal Services Supervisor, as follows:
2 (ORDINANCE NO. 03-537)
3 Councilman Showers moved that unanimous consent be given for
4 the immediate consideration of and action on said ordinance,
5 which motion was duly seconded by Councilman Watson, and upon
6 said motion being put to vote, the following vote resulted:
7 AYES: Russell, Kling, Showers, Watson, Moon
8 NAYS: None
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 Showers, and was unanimously adopted.
15 Councilman Showers read and introduced a resolution
16 authorizing payment in the amount of $19,500 to Beason & Nalley,
17 P.C., for services provided to implement Governmental Accounting
18 Standards Board Statement No. 34 during the audit completed on
19 April 30, 2003, such services not included in the approved audit
20 engagement fee, as follows:
21 (RESOLUTION NO. 03-538)
22 Councilman Showers moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Watson.
24 Councilman Kling asked for a brief explanation of the above
25 resolution.
26 Mr. Randy Taylor stated that the independent auditors,
0048
1 Beason & Nalley, had completed their annual audit for a fixed fee
2 on April 30th. He stated that his department had agreed at the
3 time of the engagement that Beason & Nalley would exclude from
4 their fee and from their services the implementation that was
5 referred to. He stated a significant amount of work had been
6 required to do this, noting it had taken an additional month to
7 complete the audit because of this work, and noting this was work
8 both by Beason & Nalley and a number of City employees. He
9 stated they had agreed to do the work being aware that at the end
10 of the audit they would advise as to what they had invested in it
11 and the City would agree to pay them a negotiated fee. He stated
12 this was an amount that his department believed was a fair amount
13 for the work that had been performed.
14 President Moon called for the vote on Resolution No. 03-538,
15 and it was unanimously adopted.
16 Councilman Showers read and introduced an ordinance
17 declaring certain equipment surplus and to be sold in the best
18 interest and most cost effective way to the City of Huntsville,
19 as follows:
20 (ORDINANCE NO. 03-539)
21 Councilman Showers moved for approval of the foregoing
22 ordinance, which motion was duly seconded by Councilman Watson.
23 Councilman Kling asked for a brief explanation of the item.
24 Mr. Bruce Taylor stated the equipment included automobiles,
25 a tractor, pick-up trucks, computer equipment, and implements.
26 Councilman Showers inquired as to whether these items would
0049
1 be dealt with through the internet as the other items had been.
2 Mr. Taylor replied in the affirmative.
3 President Moon called for the vote on Ordinance No. 03-539,
4 and it was unanimously adopted.
5 Councilman Showers read and introduced a resolution
6 authorizing the Mayor to execute Change Order No. 3 to the
7 contract with Lee Builders, Inc., for Offices and Transfer
8 Station for Huntsville Parking and Transit approved and executed
9 by the City Council of the City of Huntsville, Alabama on
10 September 12, 2002 (Resolution No. 02-736), as follows:
11 (RESOLUTION NO. 03-540)
12 Councilman Showers moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Russell.
14 President Moon asked for a brief explanation of the item.
15 Mr. Bruce Taylor stated this was Change Order No. 3 for the
16 transfer station and offices, in the amount of $19,834.50. He
17 stated most of this was for additional scope of work the user
18 department had requested. He noted some of this had been
19 eliminated in the initial bidding phase in an effort to control
20 costs but noted that budgets had been going very well on this
21 project and they had been able to exercise some of the options.
22 President Moon called for the vote on Resolution No. 03-540,
23 and it was unanimously adopted.
24 Councilman Russell read and introduced a resolution
25 authorizing the Mayor to modify the agreement with Tetra Tech,
26 Inc., for additional construction administration services related
0050
1 to the Western Area Wastewater Treatment Plant 5 MGD Expansion,
2 Project #CS-010307-08-02, by Modification No. 3, as follows:
3 (RESOLUTION NO. 03-541)
4 Councilman Russell moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Kling.
6 Councilman Russell asked for an explanation of the item.
7 Mr. Adams stated that this was continuing construction
8 engineering and inspection services for a very large contract,
9 which he noted was a time and materials contract, not to exceed.
10 He stated this did not mean they would expend this amount of
11 money but that it was an anticipated amount.
12 Councilman Russell asked why the time of the construction
13 was being increased from the original contract time of 540 days.
14 Mr. Adams stated the construction was overrunning the
15 expected completion date, which was in February.
16 Councilman Russell inquired as to whose fault this was.
17 Mr. Adams stated the City believed it was the fault of the
18 contractor and noted they were in the process of looking at
19 putting the contractor potentially in default.
20 Councilman Russell stated it appeared to him that if it was
21 the contractor's fault, the City would not want to pay a
22 consultant $78,000 to continue to monitor the project.
23 Mr. Adams stated the construction was ongoing and noted that
24 they had a full-time presence, engineering and inspection
25 services, to monitor the contract. He stated if they were not
26 doing this, they basically would not be monitoring the quality of
0051
1 the work that was going into the project.
2 Councilman Russell stated his point was that through no
3 fault of the City, the contractor had increased the contract time
4 and the City was paying a consultant extra to monitor someone
5 else's mistake. He stated he felt they should attempt to
6 eliminate this so the City would not have to bear this expense.
7 Mr. Adams stated the contract contained a liquidated damages
8 clause and this was one item they would be looking at for
9 liquidated damages. He stated they had retention held on the
10 contract sufficient to cover the expense. He stated the project
11 was roughly 95 percent complete and that they would like to
12 complete the project.
13 President Moon called for the vote on Resolution No. 03-541,
14 and it was unanimously adopted.
15 President Moon inquired as to whether there were any
16 non-roster communications from the public.
17 There was no response.
18 Upon motion, duly seconded, it was voted to adjourn.
19
20
21
22 _____________________________
23 PRESIDENT OF THE CITY COUNCIL
24
25 ATTEST:
26
27
28
29 ______________________________
30 CITY CLERK-TREASURER
31