1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD NOVEMBER 9, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on November 9, 2004, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Showers
9 Councilpersons: Moon, Kling, Russell, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Showers called the meeting to order.
16 Pastor C. Curtis Eason of the Antioch Baptist Church led the
17 invocation; Salvation Army Boy Scout Troop 36 led the pledge of
18 allegiance.
19 The minutes of the regular meeting of the Council held on
20 October 28, 2004, were approved as submitted.
21 Mayor Spencer recognized the coach and players of the
22 Huntsville High School volleyball team, congratulating them on an
23 outstanding season.
24 Councilman Kling read and introduced a resolution commending
25 Huntsville High School as winners of the State Volleyball
26 Championship, as follows:
27 (RESOLUTION NO. 04-893)
28 Councilman Kling moved for approval of the foregoing
29 resolution, which motion was duly seconded by Councilman Russell,
30 and was unanimously adopted.
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1 Mayor Spencer recognized the coach and players of the
2 Madison Academy volleyball team, congratulating them on an
3 outstanding season.
4 Councilwoman Moon read and introduced a resolution
5 commending Madison Academy as winners of the State Volleyball
6 Championship, as follows:
7 (RESOLUTION NO. 04-894)
8 Councilwoman Moon moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Russell,
10 and was unanimously adopted.
11 President Showers stated the next item on the agenda was
12 Business with Outside Legal Representation.
13 President Showers stated the next item on the agenda was a
14 decision concerning the revocation-renewal of license in the
15 matter of Bobby Lee Hurt and John Russell.
16 Councilman Russell read and introduced a resolution
17 concerning the revocation and nonrenewal of business licenses for
18 Bobby Lee Hurt and John Russell, as follows:
19 (RESOLUTION NO. 04-895)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 Mayor Spencer recognized Mr. Randy Taylor, stating he had
24 some special employees he would like to recognize at this time.
25 Mr. Randy Taylor stated he had ten employees he would like
26 to recognize at this time for some very significant things they
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1 had been involved with over the prior two years. He stated that
2 these persons were members of the tax administrative and audit
3 staff of the Finance Department and were responsible for
4 collecting and administering all the City's taxes. He stated
5 that in the prior year this source of revenue had been
6 approximately $105 million and that this was the most significant
7 single source of revenue of the City.
8 Mr. Randy Taylor recognized Thomas Parker, Beverley
9 Kilbourn, Polly Hutchison, Steve Lyda, Andrea Cantrell, Sam
10 Stewart, Carmen Smith, Veena Kaul, Jon Schrimsher, Stacy Noblitt,
11 and Sonya Berry. He commended them for the outstanding services
12 they had performed for the City and presented plaques of
13 recognition. He stated they would also receive another form of
14 appreciation included in their paycheck for the following pay
15 period.
16 President Showers stated the next item on the agenda was
17 Public Hearings to be Held.
18 President Showers stated it was the time and place in the
19 meeting for a public hearing on a resolution authorizing the City
20 Clerk-Treasurer to assess the cost of cutting and removing grass
21 and weeds on certain properties.
22 Mr. Jerry Galloway stated the resolution identified 13
23 properties that were in violation of the City's grass and weed
24 ordinance. He stated the property owners were further identified
25 under Attachment A. He stated the owners had received written
26 notification that they were in violation and had failed to
0004
1 respond to the notification and that Community Development had
2 been forced to cut the properties. He stated that Attachment A
3 identified the names and addresses of the owners of record, the
4 property location, the date Community Development had taken the
5 action, and the cost of said action.
6 Mr. Galloway requested that the Council place an assessment
7 against the properties to collect the cost. He stated the owners
8 had been notified of the proposed action at this time.
9 President Showers inquired as to whether there was anyone in
10 the audience who wished to address this matter at this time.
11 There was no response.
12 Councilman Kling read and introduced a resolution
13 authorizing the City Clerk-Treasurer to assess the cost of
14 cutting and removing grass and weeds on certain properties, as
15 follows:
16 (RESOLUTION NO. 04-896)
17 Councilman Kling moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Watson,
19 and was unanimously adopted.
20 President Showers stated the next item on the agenda was
21 Public Hearings to be Set.
22 Councilman Kling read and introduced a resolution to set a
23 public hearing on the zoning of newly annexed land lying
24 generally on the west side of Victoria Hills Drive and south of
25 Hartside Road as Residence 1-A District, at the December 16,
26 2004, Regular Council Meeting, as follows:
0005
1 (RESOLUTION NO. 04-897)
2 Councilman Kling moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Kling read and introduced Ordinance No. 04-898,
6 zoning newly annexed land lying generally on the west side of
7 Victoria Hills Drive and south of Hartside Road as Residence 1-A
8 District.
9 Councilman Kling read and introduced a resolution to set a
10 public hearing on the zoning of newly annexed land lying
11 generally on the east side of Little Cove Road and north of
12 Hampton Cove as Residence 1-B District, at the December 16, 2004,
13 Regular Council Meeting, as follows:
14 (RESOLUTION NO. 04-899)
15 Councilman Kling moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 Councilman Kling read and introduced Ordinance No. 04-900,
19 zoning newly annexed land lying generally on the east side of
20 Little Cove Road and north of Hampton Cove as Residence 1-B
21 District.
22 Councilman Kling read and introduced a resolution to set a
23 public hearing on the zoning of newly annexed land lying
24 generally east of Green Mountain, along Knotty Walls Road and
25 west of the Flint River as Residence 1-B District at the
26 December 16, 2004, Regular Council Meeting, as follows:
0006
1 (RESOLUTION NO. 04-901)
2 Councilman Kling moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Kling read and introduced Ordinance No. 04-902,
6 zoning newly annexed land lying generally east of Green Mountain,
7 along Knotty Walls Road and west of the Flint River as Residence
8 1-B District.
9 Councilman Kling read and introduced a resolution to set a
10 public hearing on the zoning of newly annexed land lying
11 generally north of Little Cove Road and east and west of McMullen
12 Lane as Residence 1-A District, Residence 2 District at the
13 December 16, 2004, Regular Council Meeting, as follows:
14 (RESOLUTION NO. 04-903)
15 Councilman Kling moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 Councilman Kling read and introduced Ordinance No. 04-904
19 zoning newly annexed land lying generally north of Little Cove
20 Road and east and west of McMullen Lane as Residence 1-A
21 District.
22 Councilman Kling read and introduced a resolution to set a
23 public hearing on the zoning of newly annexed land lying
24 generally along the south side of U.S. Highway 72 West and west
25 of Springhill Road and also on the south side of U.S. Highway 72
26 West and east of Nance Road as Highway Business C-4 District at
0007
1 the December 16, 2004, Regular Council Meeting, as follows:
2 (RESOLUTION NO. 04-905)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon,
5 and was unanimously adopted.
6 Councilman Kling read and introduced Ordinance No. 04-906
7 zoning newly annexed land lying generally along the south side of
8 U.S. Highway 72 West and west of Springhill Road and also on the
9 south side of U.S. Highway 72 West and east of Nance Road as
10 Highway Business C-4 District.
11 Councilman Kling read and introduced a resolution to set a
12 public hearing on the zoning of newly annexed land lying
13 generally at the south end of Alumni Drive and south of Oakwood
14 Road as Residence 1-B District at the December 16, 2004, Regular
15 Council Meeting, as follows:
16 (RESOLUTION NO. 04-907)
17 Councilman Kling moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted.
20 Councilman Kling read and introduced Ordinance No. 04-908
21 zoning newly annexed land lying generally at the south end of
22 Alumni Drive and south of Oakwood Road as Residence 1-B District.
23 Councilman Kling read and introduced a resolution to set a
24 public hearing on the zoning of newly annexed land lying
25 generally on the north side of Capshaw Road and east of Old
26 Railroad Bed Road as Residence 2 District at the December 16,
0008
1 2004, Regular Council Meeting, as follows:
2 (RESOLUTION NO. 04-909)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon,
5 and was unanimously adopted.
6 Councilman Kling read and introduced Ordinance No. 04-910
7 zoning newly annexed land lying generally on the north side of
8 Capshaw Road and east of Old Railroad Bed Road as Residence 2
9 District.
10 President Showers stated the next item on the agenda was
11 Communications from the Public.
12 Mr. Steve Stinson, 1317 Arolen Drive, appeared before the
13 Council, stating that in 1993 he had purchased a mobile home park
14 in Southeast Huntsville, located near the Super Wal-Mart, between
15 Memorial Parkway and the railroad paralleling Memorial Parkway.
16 He stated that in 1999 a local resident in the area had
17 approached him wanting to rezone the land in this area from Light
18 Industrial to Residence 2-B. He stated that his business would
19 not be allowed in a Residence 2-B zone. He stated he and several
20 other business owners in the area had objected to this proposal.
21 He stated that after going through the City Council, the Zoning
22 Commission, Planning Committees, writing petitions, letters,
23 talking with City Council members, planning officers, et cetera,
24 the motion had passed.
25 Mr. Simpson stated he had hired an attorney and had been
26 advised that the best way to fight this was to declare the
0009
1 rezoning unconstitutional, that it was spot zoning. He stated
2 that between the Parkway and the railroad along the Parkway the
3 property was zoned Light Industrial and that one sliver of the
4 land, being 17 acres, had been made Residence 2-B. He stated
5 this matter had gone through the courts for approximately a year
6 and that at the end of such time he was essentially broke and
7 could not afford the attorney any further. He stated he had
8 asked the attorney to approach the City to see if he could get
9 the City to allow him to sell his business. He stated he had
10 stated if he would be able to sell his land as a business, he
11 would drop the lawsuit. He stated the City had not agreed to
12 this. He stated that since he was broke, he had decided to
13 change the lawsuit to inverse condemnation. He stated he wanted
14 to receive damages he had incurred. He stated these damages
15 would include the value of his land as a business versus the
16 value of his land as Residence 2-A. He noted he calculated this
17 amount to be approximately $225,000 and stated this was what he
18 had sued the City for. He stated this had gone on for
19 approximately five years, through several courts, and had finally
20 ended in the Alabama State Supreme Court. He stated that every
21 time the matter was in court, there was a motion to dismiss the
22 case and that every time it had been dismissed, so that in fact
23 his case had never been heard in these courts. He stated this
24 had all ended just a few months prior.
25 Mr. Simpson stated that at this time he was in a precarious
26 position. He stated he had sold this land as of this time and
0010
1 had gotten what he was afraid he was going to get, being
2 basically Residence 2-B price. He stated he had had a lot of
3 damages and was not sure where to go at this time. He stated the
4 court system had failed him and that he was at this time asking
5 the Council what should be his next step to get what was
6 rightfully his.
7 President Showers referred Mr. Simpson to Mr. Joffrion to
8 discuss this matter.
9 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
10 Council, stating that persons had been inquiring of her if the
11 director's job for the Bicentennial event had been advertised or
12 if it were an appointment. She stated she had advised them she
13 could not answer that question, although she thought the Mayor
14 was the only person who could make appointments.
15 Ms. Reed stated she felt there were several roads that still
16 had not been properly paved. She asked the Council members to
17 travel on Bob Wallace or Triana and take note of the uneven
18 paving. She stated that someone should look into this situation,
19 noting the roads needed to be marked and have reflectors
20 installed. She stated that in the old part of town in the areas
21 she had mentioned the infrastructure was not being upgraded. She
22 stated they did not care about the old parts of the city, that
23 all they cared about was the new developments. She stated they
24 needed to do some infrastructure on the inside of the city
25 instead of focusing on the downtown area.
26 Ms. Reed stated that the proposed pay increases for the
0011
1 Mayor and the City Council members were outrageous. She stated
2 that she noticed this item had been pulled from the agenda. She
3 stated this should be a two percent increase, like the City
4 employees' increase. She questioned where they intended to get
5 the money for the pay increase.
6 President Showers stated the next item on the agenda was
7 Huntsville Utilities Items.
8 Mr. Jimmy Butler of Huntsville Utilities gave a brief
9 explanation of the Huntsville Utilities items.
10 Councilman Kling read and introduced a resolution
11 authorizing relocation of approximately 550' of 18" high-pressure
12 main along Biltmore Drive west of Indian Creek Road (W.O. 16227),
13 as follows:
14 (RESOLUTION NO. 04-911)
15 Councilman Kling moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Watson,
17 and was unanimously adopted.
18 Councilman Kling read and introduced a resolution
19 authorizing the replacement of an existing high service pump at
20 the South Parkway Water Treatment Plant (W.O. 1-06815), as
21 follows:
22 (RESOLUTION NO. 04-912)
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 President Showers stated the next item on the agenda was
0012
1 Board Appointments to Be Voted On.
2 Councilman Watson read and introduced a resolution to
3 reappoint Joe Milberger to Place 5 on the Board of Examinations
4 and Appeals for Construction Industries, for a term to expire
5 September 21, 2007, as follows:
6 (RESOLUTION NO. 04-913)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Kling,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution to
11 reappoint Keith Mandel to Place 6 on the Board of Examinations
12 and Appeals for Construction Industries, for a term to expire
13 September 21, 2007, as follows:
14 (RESOLUTION NO. 04-914)
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 Russell moved for unanimous consent for the
19 Council to consider a resolution not on the agenda, which motion
20 was duly seconded by Councilwoman Moon.
21 President Showers called for the vote on the motion for
22 unanimous consent, and the following vote resulted:
23 AYES: Russell, Moon, Watson, Kling, Showers
24 NAYS: None
25 President Showers stated that the motion for unanimous
26 consent for immediate consideration of and action on said
0013
1 resolution had been unanimously carried.
2 Councilman Kling read and introduced a resolution to
3 reappoint Steve Stricklin to Place 3 on the Board of Examinations
4 and Appeals for Construction Industries, for a term to expire
5 September 21, 2007, as follows:
6 (RESOLUTION NO. 04-915)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilwoman Moon,
9 and was unanimously adopted.
10 Councilman Russell moved for unanimous consent for the
11 Council to consider a resolution not on the agenda, which motion
12 was duly seconded by Councilwoman Moon.
13 President Showers called for the vote on the motion for
14 unanimous consent, and the following vote resulted:
15 AYES: Russell, Moon, Watson, Kling, Showers
16 NAYS: None
17 President Showers stated that the motion for unanimous
18 consent for immediate consideration of and action on said
19 resolution had been unanimously carried.
20 Councilman Kling read and introduced a resolution to
21 reappoint Kenneth Wade Chandler to Place 12 on the Board of
22 Examinations and Appeals for Construction Industries, for a term
23 to expire September 21, 2007, as follows:
24 (RESOLUTION NO. 04-916)
25 Councilman Kling moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0014
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the expenditures for payments, as follows:
4 (RESOLUTION NO. 04-917)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 President Showers stated the next item on the agenda was
9 Communications from the Mayor.
10 Mayor Spencer asked for the Council's approval of the
11 following department heads: Director of Public Works,
12 Steve Abbott; Parking Division Manager, Bobby Allen; Fire &
13 Rescue Chief, James Barkley; Director Parking & Public
14 Transportation, John T. Brown; Director of City Engineering,
15 Tom Cunningham; Director of Facilities Maintenance, Jeff Easter;
16 Director of Urban Development, Dallas Fanning; Director of
17 Community Development, Jerry Galloway; City Clerk-Treasurer,
18 Chuck Hagood; Administrative Assistant to the Mayor, Terry
19 Hatfield; Director of Animal Services, Dr. Karen Hill;
20 Director of Information Technology Services, Ken Holcomb;
21 Manager of Recreation, Steve Ivey; City Attorney, Peter Joffrion;
22 Director of Water Pollution Control, Tommy Lovelady; Director of
23 Human Resources, Mia Puckett; Director of Emergency Management,
24 John Russell; Director of Natural Resources and Environmental
25 Management, Danny Shea; Director of Inspection Services,
26 Hulan Smith; Director of Recreation Services & Landscape
0015
1 Management, Ralph Stone; Chief of Police, Rex Reynolds, at
2 Grade 22, Step 4; Director of Facilities Projects & Fleet
3 Management, Bruce Taylor; Director of Finance, Randy Taylor;
4 Director of Landscape, Layne Vaughn; Director of Cemeteries,
5 Brenda Webb; Director of Economic Development, Joe Vallely;
6 Operation Green Team Coordinator, Joy McKee; and Director of
7 Public Communications, Melissa Bullard.
8 Councilman Kling moved for approval of the foregoing
9 department heads, which motion was duly seconded by Councilwoman
10 Moon, and was unanimously approved.
11 Mayor Spencer thanked the Council for their vote of
12 confidence, noting she felt this was an outstanding team.
13 Mayor Spencer made the following appointments, to expire
14 with her term of office: John Thomas Brown to the Huntsville
15 Emergency Medical Services Board; Dallas Fanning to the
16 Huntsville Historic Preservation Commission; Hulan Smith to the
17 Huntsville Historic Preservation Commission; Terry Hatfield to
18 the Planning Commission of the City of Huntsville; Ralph Stone to
19 the Planning Commission of the City of Huntsville; Terry Hatfield
20 as an ex-officio member of the Huntsville Ice Skating Complex
21 Board of Control; Judge Sonny Rodenhauser as Presiding Judge of
22 Municipal Court; and Mike Finnegan to the Huntsville Ice Skating
23 Complex Board of Control, Place 6.
24 Mayor Spencer stated the Veterans Day Parade would be held
25 at 11 a.m. on the following Thursday, November 11, noting that
26 the Council meeting had been rescheduled because of the events of
0016
1 that day.
2 President Showers stated the next item on the agenda was
3 Communications from Council Members.
4 Councilman Kling stated he would be holding his monthly town
5 meeting on the following Monday evening at the library at 7 p.m.
6 He stated public input was invited and would be appreciated.
7 Councilman Kling stated that work was being done on
8 8th Street and urged the public to be cautious in traveling on
9 this street. He stated the same would hold true for the area in
10 the Holiday Homes section and the Mayfair section.
11 Councilman Watson recognized Chief Rex Reynolds of the
12 Police Department, stating that the Council members were very
13 pleased with this appointment. He stated that Chief Reynolds had
14 been asked to put extra effort into the neighborhoods as far as
15 speeding and running stop signs. He stated that the speed bumps
16 were not a big success in some areas, although they did slow down
17 the traffic. He stated he certainly did not want to have an
18 entire city of speed bumps. He stated he felt that extra
19 patrolling of the neighborhoods would be of great benefit.
20 Councilman Watson stated that the Council wanted
21 Chief Reynolds to know they certainly supported him.
22 Chief Reynolds stated his department planned to do targeted
23 traffic enforcement in all neighborhoods in the city.
24 Councilman Russell congratulated the department heads,
25 noting that he had enjoyed working with them the prior two years.
26 Councilman Russell stated that on the following Tuesday a
0017
1 representative of the Police Department and himself would be in
2 the neighborhood of Cove Creek to discuss the recent vandalism
3 and thefts citizens in this area were experiencing. He stated
4 this would be on the following Tuesday evening and the time and
5 location would be announced at a later time.
6 Councilman Russell stated that on December 6 he would attend
7 a meeting of the Hampton Cove Homeowners Association to discuss
8 this same issue.
9 Councilman Russell stated that his constituents were asking
10 for schedules concerning leaf pickup and stated he would like to
11 discuss this with the department at some point.
12 President Showers stated there had been a lot of recent
13 paving and reconstruction of streets occurring and stated he
14 wished to advise the citizens that several of these projects were
15 not finished, noting that he had received numerous calls about
16 the bumpy roads, et cetera. He stated this process was ongoing
17 and should be completed in the near future. He stated that at
18 that time there would be smooth streets, et cetera.
19 President Showers stated that on November 22 at the Showers
20 Center at 6 p.m. there would be a town meeting. He stated that a
21 company had approached the City concerning putting in another
22 asphalt plant. He asked the residents that were interested in
23 this matter to attend this meeting.
24 President Showers stated the next item on the agenda was
25 Unfinished Business Items for Action. He stated that item 13.b
26 on the agenda had been deleted.
0018
1 Councilman Kling moved for approval of Ordinance No.
2 04-875, concerning the Maintenance of Common Areas, which was
3 introduced at the October 28, 2004, Regular Council Meeting, as
4 follows:
5 (ORDINANCE NO. 04-875)
6 Said motion was duly seconded by President Showers.
7 Ms. Marie Bostick of the Planning Department stated that the
8 above ordinance was one that would simply standardize the way the
9 City handled maintenance responsibilities in new subdivisions
10 that chose to have common areas within their boundaries.
11 President Showers called for the vote on the above
12 ordinance, and it was unanimously adopted.
13 President Showers stated the next item on the agenda was New
14 Business Items for Introduction.
15 Councilman Watson read and introduced an ordinance
16 concerning the annexation of land lying generally north and south
17 of Little Cove Road, east of McMullen Lane and west of the Flint
18 River, as follows:
19 (ORDINANCE NO. 04-918)
20 Councilman Watson moved that unanimous consent be given for
21 the immediate consideration of and action on said ordinance,
22 which motion was duly seconded by Councilwoman Moon, and upon
23 said motion being put to vote, the following vote resulted:
24 AYES: Russell, Moon, Watson, Kling, Showers
25 NAYS: None
26 President Showers stated that the motion for unanimous
0019
1 consent for immediate consideration of and action on said
2 ordinance had been unanimously carried.
3 Councilman Russell thereupon moved that said ordinance be
4 finally adopted, which motion was duly seconded by
5 Councilman Watson.
6 Councilman Kling asked for a general explanation of the
7 above item and an explanation as to why it was being voted on at
8 this time.
9 Ms. Bostick stated this was a 113-acre tract of land located
10 in the Little Cove area, noting that it would be a portion of the
11 McMullen farm development that was ongoing at this time. She
12 stated that this property was being annexed so the developers
13 could consider the development of the proposed residential
14 subdivision.
15 President Showers called for the vote on the above
16 ordinance, and it was unanimously adopted.
17 President Showers read and introduced Ordinance No. 04-919
18 to adopt three new base maps as part of the official set of
19 zoning maps.
20 President Showers read and introduced Ordinance No. 04-920,
21 amending Schedule 92 of Section 15-59 of the Code of Ordinances
22 regarding Natural Gas Companies.
23 Councilman Kling asked for an explanation of the above
24 ordinance.
25 Mr. Joffrion stated this was a minor modification to the
26 current ordinance which applied a three percent tax to natural
0020
1 gas companies other than Huntsville Utilities. He stated that
2 Huntsville Utilities currently paid the City a payment of
3 six percent in lieu of any other specific tax. He stated that
4 with deregulation, there had been other marketers and natural gas
5 companies to come into the industry and noted that this was
6 simply an effort to recoup some of the lost revenue the private
7 gas companies were generating through their business within the
8 city limits. He stated that the ordinance was currently on the
9 books and that the modification was with regard to the collection
10 procedure for the monies. He stated that the way it was written
11 at this time collection would be on an annual basis. He stated
12 that this actually worked as a detriment to the vendors or
13 suppliers themselves. He stated that the proposed change would
14 require collection on a monthly basis, much as the City collected
15 sales and use taxes from other commercial establishments.
16 President Showers stated the next item on the agenda was New
17 Business Items for consideration or action.
18 Councilman Watson read and introduced a resolution
19 authorizing the Mayor to enter into an agreement with the
20 Executive Office of the President, Office of the National Drug
21 Control Policy, to apply for the High Intensity Drug Trafficking
22 Area (HIDTA) grant, as follows:
23 (RESOLUTION NO. 04-921)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0021
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into an agreement between the
3 Huntsville Housing Authority and the City of Huntsville for the
4 provision of alternate police services, as follows:
5 (RESOLUTION NO. 04-922)
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 moved for approval of a request for
10 authorization to fill one (1) currently funded Programmer
11 position in the ITS Department, and to fill at a higher step than
12 minimum if necessary, which motion was duly seconded by
13 Councilwoman Moon, and was unanimously approved.
14 Councilman Watson read and introduced a resolution
15 authorizing the acceptance of donation to Huntsville Fire
16 Department in the amount of $1,000 from Sam's Club for the
17 purchase of fire safety educational materials; and donation to
18 Recreation and Landscape Management from the Huntsville Area
19 Tennis Association to include 14 benches for the new Huntsville
20 Tennis Center, as follows:
21 (RESOLUTION NO. 04-923)
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 an ordinance to amend
26 Budget Ordinance 04-803, adopted and approved on October 14,
0022
1 2004, by changing appropriated funding and the authorized
2 personnel strength within various departments, as follows:
3 (ORDINANCE NO. 04-924)
4 Councilman Watson moved for approval of the foregoing
5 ordinance, which motion was duly seconded by Councilwoman Moon,
6 and was unanimously adopted.
7 Councilman Watson read and introduced a resolution
8 authorizing the Mayor to enter into agreements with the low
9 bidders meeting specifications as outlined in the attached
10 Summary of Bids for Acceptance, as follows:
11 (RESOLUTION NO. 04-925)
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 to
16 authorize placement of a Weed Lien with the Office of the Tax
17 Collector of Madison County, Alabama, on certain properties that
18 have been declared a public nuisance and that have had the
19 nuisance removed by the City, as follows:
20 (RESOLUTION NO. 04-926)
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 a Joint Use Agreement with
26 the City of Huntsville Board of Education to allow the City the
0023
1 use of gymnasium and other recreational facilities, as follows:
2 (RESOLUTION NO. 04-927)
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 an agreement with R.G.
8 Flippo & Associates, as follows:
9 (RESOLUTION NO. 04-928)
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 Direct
15 Communications, Inc., as follows:
16 (RESOLUTION NO. 04-929)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Clerk Treasurer to invoke Gulf Insurance Company
22 subdivision maintenance bond number BEO931542 for Stonemark
23 Subdivision, as follows:
24 (RESOLUTION NO. 04-930)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0024
1 and was unanimously adopted.
2 Councilman Watson read and introduced an ordinance declaring
3 a certain parcel of land as surplus and no longer needed for a
4 municipal purpose and authorizing the Mayor to execute a
5 Quitclaim Deed conveying it to William T. Dunlap, Jr., as
6 follows:
7 (ORDINANCE NO. 04-931)
8 Councilman Watson moved for approval of the foregoing
9 ordinance, which motion was duly seconded by Councilwoman Moon,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to enter into an agreement with the low
13 bidder, Jordan Excavating for Capshaw Road Sewer and Pump
14 Station, Project No. 65-04-SM01, as follows:
15 (RESOLUTION NO. 04-932)
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 a Joint Funding Agreement
21 with the U.S. Geological Survey for Water Resources
22 Investigations, Project No. 65-05-DM06, as follows:
23 (RESOLUTION NO. 04-933)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
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1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into an agreement with Nash
3 Engineering, LLC, for Engineering Design Services for Drainage
4 Improvements, Explorer Boulevard in Cummings Research Park, West,
5 Project No. 65-05-DR01, as follows:
6 (RESOLUTION NO. 04-934)
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 an agreement with Civil
12 Solutions, LLP, for Engineering Design Services for Pinhook Creek
13 Hydraulic Study, Project No. 65-04-RD08 & ST-045-999-010, as
14 follows:
15 (RESOLUTION NO. 04-935)
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 Russell read and introduced a resolution
20 authorizing the Mayor to execute an agreement between the City of
21 Huntsville and Consolidated Construction Company, Inc., for
22 Change Order No. 2 to the contract dated April 6, 2004, for the
23 Huntsville Tennis Center, as follows:
24 (RESOLUTION NO. 04-936)
25 Councilman Russell moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon.
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1 Mr. Bruce Taylor stated that this was a change order due to
2 some unforeseen soil conditions that existed on the site and
3 various other small items.
4 Councilwoman Moon stated she was curious about the regrade
5 of Tennis Court No. 1.
6 Mr. Bruce Taylor stated that this had to do with part of the
7 soil conditions. He stated they had had to do some modifications
8 concerning this because there was some discrepancy between what
9 was on the plan and what actually existed.
10 Councilman Kling asked how the construction of this project
11 was progressing.
12 Mr. Bruce Taylor stated it was progressing quite well,
13 although there had been some delay due to weather. He stated
14 they were anticipating the project would be completed near the
15 end of December. He stated the building was quite on schedule
16 but the tennis courts were susceptible to weather and thus there
17 had been some delay.
18 President Showers called for the vote on the above
19 resolution, and it was unanimously adopted.
20 Councilman Russell read and introduced a resolution
21 authorizing the Mayor to enter into an agreement with G.W. Jones
22 & Sons, Inc., for Engineering Design Services for Holmes/Lincoln
23 Intersection Improvements, Project No. 65-05-TI04, as follows:
24 (RESOLUTION NO. 04-937)
25 Councilman Russell moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon.
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1 Mr. Tom Cunningham stated the above agreement was for design
2 services for improvements to the intersection of Holmes Avenue
3 and Lincoln. He stated this was a signalized intersection and
4 would also include some streetscape items along with the
5 intersection improvements.
6 President Showers called for the vote on the above
7 resolution, and it was unanimously adopted.
8 Councilman Russell moved for approval of a request for
9 authorization to fill five part-time Police Officers at Grade 13,
10 Step 9, which motion was duly seconded by Councilwoman Moon.
11 Councilman Russell stated to Chief Reynolds that he would
12 like to echo what Councilman Watson had stated earlier about
13 wanting to see more police officers in the neighborhoods. He
14 stated this was a complaint he received often from his
15 constituents. He stated he hoped that innovative ideas such as
16 this would assist Chief Reynolds in finding patrol officers to
17 put in the neighborhoods so they would be seen. He stated the
18 Council would like to hear from Chief Reynolds as to what he
19 planned to do with the part time police officers and how they
20 could help. He stated if there was something they needed to do,
21 he would certainly like for Chief Reynolds to let them know.
22 Chief Reynolds stated this was certainly very innovative,
23 that it was a request to hire five retired Huntsville police
24 officers, and stated they would be placed in the alternative
25 response area, where some victim-only calls could be taken by
26 phone, noting this would keep more officers on patrol. He stated
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1 that in doing this they would be putting officers back into the
2 neighborhoods. He stated the AR response was keeping men in the
3 streets and stated that by replacing these with the part-time
4 officers this would increase the numbers in the neighborhoods and
5 on the special enforcement areas they were concerned about.
6 Councilman Watson asked Chief Reynolds to not forget the
7 area around Seminole Drive and the rescue missions, et cetera.
8 Chief Reynolds stated these were areas they would be looking
9 at to do some targeted enforcement.
10 President Showers stated the next item on the agenda was
11 Legal Department Items/Transactions.
12 Councilman Watson read and introduced an ordinance to vacate
13 50-foot Utility and Drainage Easement, Lot 1, Block C, Monte
14 Vedra Subdivision, Plat Book 5, Page 92. (13001 Monte Vedra Road,
15
16 Miller), as follows:
17 (ORDINANCE NO. 04-938)
18 Councilman Watson moved for approval of the foregoing
19 ordinance, which motion was duly seconded by Councilman Russell,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance to vacate
22 a portion of Utility and Drainage Easement between Lots 39 & 40,
23 Block 3, Harrison Hills 2nd Addition, Plat Book 20, Pages 43-45
24 (Briarhurst Court; Operations Research), as follows:
25 (ORDINANCE NO. 04-939)
26 Councilman Watson moved for approval of the foregoing
27 ordinance, which motion was duly seconded by Councilman Russell,
0029
1 and was unanimously adopted.
2 President Showers stated the next item on the agenda was
3 Non-Roster Communications From the Public.
4 Mayor Spencer asked Chief Reynolds to come to the mike and
5 mention the Thursday night event and who the guests would be in
6 the city.
7 Chief Reynolds stated the City was hosting the USPCA
8 national finals for the K-9 officers that were competing. He
9 stated that on the following Thursday evening there would be a
10 public exhibition by the K-9 officers, that the final event would
11 be on Friday morning, and the awards ceremony would be on Friday
12 afternoon. He stated the event on Thursday night would be at
13 Joe Davis Stadium commencing at 6:30 p.m.
14 President Showers expressed appreciation to the Boy Scouts
15 who had stayed throughout the entire meeting and asked if they
16 would like to address the Council at this time.
17 Mr. Joe Alvarez appeared before the Council, expressing
18 appreciation to the Council for giving them the opportunity to
19 complete another requirement in the "Citizenship in the
20 Community" merit badge. He noted that this was the final
21 requirement for one of its members to make his rank of
22 Eagle Scout.
23 Ms. Jackie Reed appeared before the Council, stating she was
24 concerned about traffic circles that were being located in the
25 city. She stated she felt there should have been some town
26 meetings concerning the installation of these traffic circles,
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1 noting that many persons would not be able to navigate these
2 areas. She stated she had lived in Philadelphia and that they
3 had had these and that she did not feel this was a good thing for
4 the city.
5 Upon motion, duly seconded, it was voted to adjourn.
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8 ______________________________
9 PRESIDENT OF THE CITY COUNCIL
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11 ATTEST:
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15 ______________________________
16 CITY CLERK-TREASURER
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