1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD NOVEMBER 13, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on November 13, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Russell
9 Councilpersons: Kling, Moon, Watson
10 Absent: Showers
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Russell called the meeting to order. Rev. John
16 Long, Madison Baptist Director of Missions, led the invocation;
17 members of Boy Scout Troop 17 of Hillwood Baptist Church posted
18 the colors.
19 The minutes of the regular meeting of the Council on
20 October 23, 2003, were approved as submitted.
21 Councilwoman Moon read and introduced a resolution
22 recognizing Grissom High School Girls Volleyball Team as the
23 State 6A Champions, as follows:
24 (RESOLUTION NO. 03-949)
25 Councilwoman Moon moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
27 and was unanimously adopted.
28 Councilman Kling read and introduced a resolution
29 recognizing the Huntsville High School Girls Volleyball Team as
30 the State 5A Champions, as follows:
0002
1 (RESOLUTION NO. 03-950)
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 Mayor Spencer recognized the coaches and players of the
6 Grissom High School Girls Volleyball Team and the Huntsville High
7 School Girls Volleyball Team and presented them copies of the
8 resolutions, congratulating them for their outstanding seasons.
9 Mayor Spencer stated she would like to recognize some
10 dedication and hard work by individuals who had volunteered to
11 serve on the flood mitigation committee, as well as Dr. Warren
12 Campbell of the City's Engineering Department. She introduced
13 Mr. Ed Starnes, the chairman of this committee.
14 Mayor Spencer recognized Mr. Todd Davison, Director of the
15 Mitigation Division of the Atlanta Regional Office of FEMA, and
16 Mr. Trey Glenn of ADECA, the division director of the Alabama
17 Office of Water Resources.
18 Mr. Glenn stated that on behalf of the State of Alabama and
19 Governor Riley it was his pleasure to recognize Huntsville,
20 stating that it was leading the way in flood plain management in
21 the state. He stated he was pleased to be able to present the
22 City an award which he stated had resulted from the proactive
23 management the City did in this regard. He stated that the city
24 was in the top 25 percent of communities in the country with
25 regard to the community rating system program which had been set
26 up as part of FEMA's national flood insurance program. He stated
0003
1 that this system provided incentives to communities such as
2 Huntsville to take proactive steps in an effort to save citizens
3 money and stated that the City had done this. He stated that the
4 City had reduced its rating from a Level 8 to a Level 7, which
5 resulted in savings to citizens of more than $100,000 a year, as
6 well as making the city a safer and better place to live as far
7 as flood losses were concerned.
8 Mr. Glenn stated that his office was excited about this
9 presentation and that they were also excited about other
10 initiatives they had been working on as a state and also in
11 partnership with federal counterparts, as well as proactive local
12 communities such as Huntsville, on developing flood plain
13 management programs in Alabama. He stated that part of this
14 program came to rest in the city, noting that they were
15 constantly working with FEMA and with Huntsville and some of the
16 city's counterparts in Northern Alabama to focus a lot of their
17 flood plain management efforts in Huntsville. He stated that
18 they would commence doing some work in the very near future to
19 recognize the city and to help further flood plain management.
20 Mr. Davison stated that one of the things FEMA was
21 attempting to do across the country was to award communities and
22 provide incentives to communities to go beyond just doing the
23 minimum and stated that Huntsville had clearly done this and
24 continued to make progress in this area. He stated that for them
25 this was an issue of fiscal prudence, of actually trying to save
26 money. He stated that one of the things they were doing at this
0004
1 time that was clearly coming back to them was the money that
2 would be saved in terms of flood insurance premium reductions.
3 He stated this would come back in terms of long-term savings.
4 Mr. Glenn stated that on behalf of Governor Riley, the State
5 of Alabama, FEMA, and all the flood plain management efforts in
6 Alabama, it was his pleasure to present a plaque to the City
7 signifying their new rating of a Level 7, thus recognizing the
8 proactive measures the City was taking which would result in true
9 savings to the citizens. He thanked the City for what it was
10 doing and thanked it for leading Alabama.
11 Mr. Starnes stated he would like to recognize Dr. Campbell,
12 the city hydrologist; Marty Calvert; and the persons in the
13 Engineering Department. He stated the committee had created the
14 plan but that these other persons were the ones who had
15 implemented it. He stated they were doing a terrific job and
16 thanked them for putting the plan into effect.
17 Mayor Spencer thanked Mr. Starnes for his volunteer efforts
18 and the leadership he had given in this matter.
19 Mayor Spencer recognized Major Mark Hudson.
20 Major Hudson asked Sgt. Billy Ware to come forward.
21 Major Hudson stated that at this time he had the honor and
22 the privilege to recognize one of the officers of the Police
23 Department who had distinguished himself in the line of duty. He
24 stated that not only was the person to be recognized one of the
25 finest police officers but that he was a second-generation
26 Huntsville police officer, being the son of Sgt. Ware.
0005
1 Major Hudson asked Officer Johnathan Ware to come forward.
2 He stated that on August 31, 2003, Officer Ware had responded to
3 a call regarding a suicidal subject and that while investigating
4 this call he had put his life in danger by rescuing the subject
5 on a heavy-traffic roadway.
6 Major Hudson presented the Huntsville Police Department
7 Lifesaving Medal to Officer Ware.
8 Councilman Watson read and introduced a resolution welcoming
9 Congressman Artur Davis, special guest speaker for the 20th
10 Annual Beautillion Ball, sponsored by the Funset Social and
11 Charity Club, as follows:
12 (RESOLUTION NO. 03-951)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 President Russell stated the next item on the agenda was
17 Public Hearings to be Held.
18 President Russell stated it was the time and place in the
19 meeting for a public hearing on Ordinance No. 03-865, to amend
20 the uses permitted in General Business C-3 district, which was
21 set at the October 9, 2003, Council meeting.
22 Ms. Linda Allen of the Planning Department stated that this
23 was basically a housekeeping item, noting that in the prior year
24 when the Neighborhood Business C-1 district regulations had been
25 changed some items had been inadvertently omitted and that this
26 was basically putting back in the C-3 district parking lots,
0006
1 hotels, motels, radio, and TV stations, which had been previously
2 included.
3 President Russell 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 Watson moved for approval of Ordinance
7 No. 03-865, which was introduced at the October 9, 2003, Council
8 meeting, as follows:
9 (ORDINANCE NO. 03-865)
10 Said motion was duly seconded by Councilwoman Moon.
11 President Russell called for the vote on the above
12 ordinance, and it was unanimously adopted.
13 President Russell stated the next item on the agenda was
14 Public Hearings to be Set.
15 Councilwoman Moon read and introduced a resolution to set a
16 public hearing on an ordinance to rezone land lying generally on
17 the west side of Zierdt Road and north of Martin Road from
18 Planned Industrial District to Residence 2 District,
19 Residence 2-A District, Residence 2-B District, and Neighborhood
20 Business C-1 District, on December 18, 2003, as follows:
21 (RESOLUTION NO. 03-952)
22 Councilwoman Moon moved for approval of the foregoing
23 resolution, which motion was duly seconded by President Russell,
24 and was unanimously adopted.
25 Councilwoman Moon read and introduced Ordinance No. 03-953,
26 concerning the rezoning of land lying generally on the west side
0007
1 of Zierdt Road and north of Martin Road from Planned Industrial
2 District to Residence 2 District, Residence 2-A District,
3 Residence 2-B District, and Neighborhood Business C-1 District.
4 Councilwoman Moon read and introduced a resolution to set a
5 public hearing on the zoning of newly annexed land lying
6 generally along the railroad tracks east of Higdon Road to the
7 east side of Chase Industrial Park to Research Park District, on
8 December 18, 2003, as follows:
9 (RESOLUTION NO. 03-954)
10 Councilwoman Moon moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Watson,
12 and was unanimously adopted.
13 Councilwoman Moon read and introduced Ordinance No. 03-955,
14 concerning the zoning of newly annexed land lying generally along
15 the railroad tracks east of Higdon Road to the east side of Chase
16 Industrial Park to Research Park District.
17 Councilman Kling 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 west of
20 County Line Road to Highway Business C-4 District, on
21 December 18, 2003, as follows:
22 (RESOLUTION NO. 03-956)
23 Councilman Kling moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Watson,
25 and was unanimously adopted.
26 Councilman Kling read and introduced Ordinance No. 03-957,
0008
1 concerning the zoning of newly annexed land lying generally on
2 the south side of U.S. Highway 72 West and west of County Line
3 Road to Highway Business C-4 District.
4 President Russell stated the next item on the agenda was
5 Communications from the Public.
6 Mr. Thomas Piff, 11314 Dellcrest Drive, appeared before the
7 Council, stating that he had a document to pass out to the
8 Council members to facilitate his presentation. He read from
9 this document, stating that the Council members had taken an oath
10 to be the guardians of the public interest. He stated the spring
11 at the heart of Huntsville represented life and community and was
12 not to be sold. He asked that the Council not be persuaded to
13 accept the collateral terms dictated by the developers in the
14 subject agreement. He stated that the architects of the proposal
15 could not proceed without the Council's permission and noted that
16 their interest was short-term, stating that they typically
17 flipped real estate in under two years while the City would be in
18 this deal for a century.
19 Mr. Piff stated that the private project was to be funded
20 with the Downtown Redevelopment Authority and noted that the
21 building architect served on this Board.
22 Mr. Piff continued to read from the document presented to
23 the Council, citing other sections of the agreement, with his
24 objections thereto. He noted that the proposed developer would
25 be borrowing the air rights, the land, and the money to build,
26 stating that that was a fine deal. He urged each Council member
0009
1 to consider whether they would vote to approve this matter.
2 Dr. Jim Casey, 6300 Sheri Drive, appeared before the
3 Council, stating he was present to speak about the Big Spring
4 Park development scheme. He stated he wanted to challenge the
5 Council members to stop and think of what they had not said and
6 change their focus to the idea that what they should be doing was
7 considering an expansion of Big Spring Park. He stated that many
8 citizens were not present at this time because they did not have
9 faith that the Council listened to them. He stated that the only
10 persons who would speak out in favor of the development would be
11 persons from Triad Properties.
12 Dr. Casey stated that a longer term development scheme
13 should include expansion of Big Spring Park all the way down
14 Church Street toward the railroad tracks on the west side,
15 leaving room for commercial development on the east side. He
16 stated that he could not begin to comprehend the longer term
17 plan, where public transportation might have to be considered,
18 which would obviously be located near the railroad. He stated he
19 felt a moratorium should be put on any development whatsoever in
20 this area. He stated that the parking garage that was there at
21 this time should not even be there and that most likely the
22 Civic Center should not have been placed in that location, noting
23 that it had been enormously short-sighted to do that.
24 Mr. Daniel Wilson, 702 Corlett Drive, appeared before the
25 Council, stating he was an attorney in the city who practiced in
26 the commercial real estate area and that he represented Triad
0010
1 Properties. He stated he wanted to respond to some comments that
2 had been made which related to these types of developments in
3 general. He stated the first one had to do with the concept that
4 the project would result in a zero sum gain. He stated he did
5 not feel this was going to happen and that experience had shown
6 in other markets and other developments such as this that that
7 did not happen. He stated it was a normal part of the real
8 estate cycle for newer, more modern, more efficient buildings to
9 come in to replace older and more functionally obsolete projects,
10 noting the reason this cycle was healthy for overall development
11 was that the newer buildings provided better opportunities for
12 growing businesses to relocate and manage their growth and that
13 as the new spaces came on board, it opened up opportunities for
14 other properties to be used for different purposes, such as
15 retail shops, restaurants, et cetera, which would bring persons
16 into the downtown area in the evenings.
17 Mr. Wilson stated the second area he would like to address
18 was whether or not there was actually a market for this building.
19
20 He stated they had heard comments about there being 120,000
21 square feet of space available in the downtown area. He stated
22 that his law firm earlier this year had looked in the market for
23 a place to relocate to in order to accommodate their current
24 growth and to plan for future growth. He stated it had not taken
25 them very long to realize there was a tremendous shortage of
26 Class A space in the downtown area to accommodate their needs and
27 that they had considered moving out of the downtown area. He
0011
1 stated, however, that they had been able to work out an
2 arrangement with their landlord to expand their current building.
3
4 He stated he was aware of two other law firms in the downtown
5 area at this time that were struggling with this same issue.
6 Mr. Bill Peters, 224 Holmes Avenue, appeared before the
7 Council, stating he was an architect in the city, as well as
8 someone who was very interested in the vitality and development
9 of downtown Huntsville. He stated he did a great deal of work in
10 the area of historic preservation and that he had volunteered to
11 serve on projects such as the Main Street Study, in 1999.
12 Mr. Peters stated he would like to address the subject
13 project from two standpoints: the architectural and aesthetic
14 standpoint and the developmental philosophy. He stated he had
15 absolutely no professional affiliation with the project, that he
16 had not known anything about it until it became public in the
17 newspapers. He stated he did a lot of planning work and that he
18 had been out of the country recently to study public spaces,
19 public buildings, and the elements and proportions of what are
20 considered to be some of the world's best public spaces.
21 Mr. Peters stated that one of the principals he had already
22 known but that had been reinforced as he traveled was that the
23 edges of a public space, a park, a plaza, a garden, needed
24 definition. He stated that in this country persons tended to
25 design and think about space in two dimensions rather than three,
26 noting that they thought of a street as being an edge when a
27 street was actually a part of the public space. He stated that
0012
1 the edge of the vertical space was the vertical feature, be it
2 buildings, walls, or topographic features.
3 Mr. Peters stated that Big Spring Park had edges in some
4 parts but not in others. He stated that some of the edges were
5 of good quality and appropriate, while others were not so good
6 and not appropriate. He stated that a parking lot was not an
7 appropriate edge for a great public space. He stated that the
8 only reason it worked at all to define the park was that it had
9 two levels, so that there was some little bit of facade. He
10 stated that changing that edge to high-quality building facades
11 would vastly improve the quality of the space that was the park.
12 Mr. Peters stated that since they did not have any plans to
13 build any great public buildings or palaces, this project
14 provided an opportunity for the developers to use private money
15 to improve the edge of the park. He stated that just because the
16 proposal was for a private office building that it would in no
17 way restrict or constrain the public domain of the park, that it
18 would simply improve the enclosure of Huntsville's best outdoor
19 room. He stated that from a design standpoint it did not matter
20 what the use of the building would be. He stated that the better
21 the design of the facade, the better the effect on the park. He
22 stated the renderings he had seen in this regard looked pretty
23 good, even though they had come out of a competitor's office.
24 Mr. Peters stated, concerning the height issue, that most of
25 the buildings around the world considered to be the most
26 beautiful were low-rise and dense, punctuated by fabulous open
0013
1 spaces. He stated that by "low-rise" he meant somewhere between
2 5 and 12 stories. He stated that some even had prescribed
3 heights, so that the public spaces had a consistent edge. He
4 stated that the subject building was to be 7 stories.
5 Mr. Wilson stated that as he had worked on the Main Street
6 study, one of the recommendations, in addition to having downtown
7 living and creating entertainment opportunities, was that the
8 city must keep and expand its office base.
9 Mr. Walt Buie, 107 Lost Tree, appeared before the Council,
10 speaking in support of the proposed development. He stated that
11 he had no vested interest in the development. He stated he had
12 not done any of the economic evaluation but that he had read
13 through the material that was available. He stated that he
14 assumed the economic and the financial part of the research had
15 been done. He stated that it appeared to him that this was a
16 feasible economic undertaking for the City, even though he had
17 not fully evaluated this area.
18 Mr. Buie stated he had felt compelled to speak at this time
19 because he felt some of the opposing comments had been somewhat
20 misleading. He stated he had reviewed the proposed layout and
21 all the information that was available that had been presented to
22 the Council, that he had gone out and visited the site, that he
23 had called the developers to get clarification on some of the
24 questions he had of the details of the development itself, and
25 that he had listened to all the public comments and read all the
26 material that he could find that the public had commented on,
0014
1 both written and at the Council meetings.
2 Mr. Buie stated that based upon this information, his
3 personal assessment, as an independent citizen, was that public
4 access and public utilization of the facility was very important.
5
6 He stated he felt that having the first floor of the building
7 open or somewhat accessible to the public was important, noting
8 that by this he meant restaurants, retail facilities, and this
9 sort of thing. He stated he felt the landscaping was very
10 important also because it did go across the edge of the park.
11 Mr. Buie stated he felt this type of development could be
12 the anchor for development that had been previously planned, such
13 as Electric Avenue. He stated that in major cities across the
14 United States public areas were often surrounded by business
15 buildings and that the first and second floors of such buildings
16 were often set aside for public activities. He stated that the
17 project appeared to be a solid investment in downtown Huntsville
18 and that he did not see any compelling reason to prevent pursuing
19 this type of development if they were going to continue to
20 develop the downtown area.
21 Councilman Watson noted that one of the new items in the
22 agreement the City was looking at and that the Council would make
23 a decision on over the next few weeks was that the first floor
24 would be a restaurant-type atmosphere.
25 Mr. Robert McKee, 1701 Waller Road, appeared before the
26 Council, stating that he wondered if a decision had already been
27 made on this proposed building. He stated he was certain his
0015
1 position was well known in that he had appeared before the
2 Council concerning this matter on several occasions. He stated
3 he certainly hoped the Council members would maintain an open
4 mind on the issue. He stated the proposed hotel would degrade
5 the Big Spring Park a great deal, noting that it would block much
6 of the afternoon sun from the park. He stated he had not seen
7 the actual dollar value it would cost the City to assist on these
8 projects, noting the estimates he had had varied a great deal.
9 Mr. McKee stated that the citizens of Huntsville for
10 generations to come would suffer from the encroachment of these
11 buildings on the Big Spring Park. He stated there was a lot of
12 space in the downtown area that could be torn down and buildings
13 constructed and that this would not degrade the park.
14 Mr. McKee stated that the museum in the park was a prime
15 example of degradation of Big Spring, that the building should
16 never have been located at this site, to detract from the park.
17 Mr. McKee asked the Council not to approve the concept of
18 the proposed buildings, noting that they already had too much at
19 this time with the hotel. He asked that they try to maintain the
20 idea that the park belonged to the citizens of the city and that
21 it was not to be surrounded by tall buildings or closed in but
22 that the beauty and tranquility of the park be maintained as the
23 citizens of Huntsville had known it for many years.
24 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
25 Council, speaking in opposition to the encroachment of Big Spring
26 Park. He stated they were going to build restaurants to bring
0016
1 more persons into the downtown area but they were going to
2 restrict the park and its integrity and beauty. He stated he
3 felt the park should be expanded so that more citizens would come
4 to the park, that he believed the park was underutilized by the
5 citizens. He stated he felt the park was a treasure of the city
6 and that they had the duty to leave a legacy of a better park.
7 Mr. Timberlake stated he would be remiss if he did not say
8 that as a citizen when he went down to the park he saw the
9 wildlife and the fish. He stated he did not see how the new
10 entertainment and restaurants were going to come into the area
11 and add some type of quality and enhancement to this. He stated
12 that Big Spring Park was the center of Huntsville and that people
13 needed to come down and look at it and appreciate the value of
14 having free land, open spaces, where one could see blue skies and
15 the sun as it rose and set and not a bunch of buildings.
16 Ms. Philomena Grodska, 526 Cleermont, appeared before the
17 Council, stating she objected to the height of the proposed
18 building, that this would give the park a boxed-in feeling. She
19 stated that people sought out parks in order to escape the
20 boxed-in feeling and to find contact with nature. She inquired
21 as to where, with urban sprawl, nearby residents would go for the
22 brief moment they could have with nature. She stated the
23 building would restrict access to the park and that more office
24 buildings in this area would just increase the traffic congestion
25 and add more parking lots to the area.
26 Mr. Tim Fogg, 2204 Whitesburg Drive, appeared before the
0017
1 Council, stating he was a CPA and that he was basically looking
2 at the issue from an economic standpoint, after reviewing
3 articles in the newspaper. He stated he had attempted to get an
4 economic understanding of what this would mean to the city and
5 stated that he was in favor of the proposal. He stated he had
6 looked at the agreement between the City and the developer
7 strictly from an economic standpoint of what he thought it would
8 do for the city and for the community and stated that considering
9 the budget crises that they had, it was a valid issue to look at
10 the matter strictly from an economic standpoint.
11 Mr. Fogg stated that one thing he felt was not being brought
12 out was the fact that the amount of land that was to be used for
13 this building was a very small piece of land, being approximately
14 one-third of an acre. He stated that the value of $20 per square
15 foot amounted to approximately $290,000, which he stated he had
16 determined was a fair value for property in the downtown area.
17 He stated that the lease was set up on basically an 8 percent
18 return of the money and stated that this was a fair
19 representation of how leases were generally set up. He stated
20 that he had asked the question of what this would do for the city
21 and stated that, No. 1, it would bring in the money from the land
22 lease, and, No. 2, there would be revenue from property taxes,
23 rental income, and sales tax revenue. He stated this would total
24 approximately a half million dollars that would be coming in on
25 this property in the first year. He stated this was certainly a
26 good return on the City's money and the use of its assets and
0018
1 that he felt the Council should be commended for this.
2 Mr. Fogg stated in regard to the rights to the air above the
3 parking garage that he felt this was a very valid concern for the
4 City. He stated he understood that the developer would be
5 contributing these rights to the City, noting that this would
6 enable the City to take care of an important thing for the
7 downtown area, being the additional parking. He stated this was
8 a win-win situation for the City.
9 Mr. Al Orillion, 1201 East Cleermont Circle, appeared before
10 the Council, stating he had no opposition to the building itself,
11 that he was simply opposed to its planned location. He stated
12 that if they ruined Big Spring Park as a result of this proposed
13 building, because of its height, its shadow, the amount of land
14 it would occupy, this would never be recovered as long as anyone
15 in the room would be alive. He asked that the Council make it
16 their legacy that they would save Big Spring Park. He stated
17 that they should take the attitude of "Grow and Live."
18 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
19 Council, thanking the Council for delaying the vote on the
20 Summit Building and studying the matter. She stated that common
21 sense government was what had to happen for the city. She stated
22 that saving the park was a very high priority.
23 Ms. Reed asked why there had only been one garbage pickup in
24 the week because there was a holiday. She stated it had been
25 promised to the citizens that there would be two-day-a-week
26 pickup and that this should be done.
0019
1 Ms. Reed stated she did not feel the City's Channel 42 was
2 being utilized properly, noting it was being used more for
3 socializing than for the meetings and to talk about what was
4 going on downtown. She stated that Channel 42 should have had
5 the information out that there would not be two garbage pickups
6 in the current week. She stated she also felt they should have
7 the proposal that was being presented to take Big Spring Park so
8 that the people would be able to read it.
9 Ms. Reed spoke in opposition to the proposed building in the
10 park. She stated that the City should already own the air rights
11 in question, that they should have been taken back from the
12 developers who had not completed their respective projects. She
13 stated that the park property should not be given away.
14 Ms. Lisa Parker, 4844 Cove Creek Drive, appeared before the
15 Council, stating she was aware the Council had been thoroughly
16 studying the Summit project and that she certainly appreciated
17 this, as well as their efforts in dealing with all the other
18 issues in the city. She stated she was appearing to express her
19 support of the Summit Building and to say that she could not
20 imagine why any progressive-minded individual would not be happy
21 to support this project.
22 Ms. Parker stated she felt most citizens would be happy for
23 there to be carefully managed growth and disciplined development
24 in the downtown area. She stated she would be glad to see the
25 downtown area look more like the downtown areas of other cities
26 of Huntsville's stature. She stated there had been initiatives
0020
1 to revitalize this area for years and stated that the momentum
2 the City had now initiated for downtown revitalization was
3 beginning to materialize. She stated she applauded their efforts
4 to make downtown revitalization a reality.
5 Ms. Parker stated that her frustration with this was that
6 some persons were taking the view that this project would not
7 benefit the average citizen of the community. She stated that
8 the fact was that without continued office development there
9 would not be sufficient demand for shops, night clubs,
10 restaurants, coffee houses, and other retail venues that everyone
11 wanted.
12 Ms. Parker stated she appreciated the developer's
13 disciplined approach to this development. She stated that while
14 it might gain more public and emotional support if the developer
15 promised a host of retail uses, the reality was that the
16 developer seemed to be methodically working to make the project
17 happen. She stated that this project was not Electric Avenue,
18 that it was obviously not designed to be it. She stated she felt
19 if they just waited for someone to come along to create a huge
20 development that had all of what they wanted, they would be
21 waiting for generations before the downtown area would be
22 revitalized. She stated that her view was that the Big Spring
23 Summit was just a stepping stone and that it would provide many
24 of the benefits of Electric Avenue.
25 Ms. Parker stated that with such a beautiful and impressive
26 building being constructed in the downtown area, the value in the
0021
1 area would be increased and this would encourage other developers
2 to invest in this area. She stated that if this project worked
3 there was no doubt in her mind that more success would follow.
4 Ms. Parker stated the developer had listened to the public and
5 had agreed to include a restaurant on the first floor and that
6 she felt this restaurant would encourage even more restaurants to
7 locate in the area. She stated that Triad Properties had a
8 reputation for first-class work all over the South. She urged
9 the Council to continue downtown revitalization and vote in favor
10 of the Big Spring Summit.
11 Mr. Scott Bence, 723 Owens Drive, appeared before the
12 Council, stating he had grown up going to the Big Spring Park and
13 that he took his children down to the park to feed the ducks at
14 this time. He stated that Huntsville was what it was because of
15 the commitment to progress and the vision the City leaders in the
16 past had shown, as well as what the leaders of the City at this
17 time were showing, in an attempt to bring more business and more
18 development into the downtown area.
19 Mr. Bence stated he was representing a demographic that
20 persons read a lot about and heard a lot about, stating that he
21 was a 35-year-old professional. He stated that the Chamber of
22 Commerce and other persons interested in the economic development
23 of the City had indicated this was a demographic they wanted to
24 attract in order to help the city grow and to become all that it
25 could be.
26 Mr. Bence stated he felt a project of this nature would
0022
1 represent for the city an environment where one could live, play,
2 and work. He stated this was something that had proven effective
3 in other cities and that that was what he hoped would happen in
4 the city if they continued to look at this plan carefully. He
5 stated he felt when they did they would see that there was
6 support for it within the community, both in the professional
7 community and the social community.
8 Ms. Lisa Greer Ceci, 1319 Toney Drive, appeared before the
9 Council, stating that she was present to speak in favor of the
10 Big Spring Summit project. She stated that as the mother of
11 three 2 1/2 year olds, she used Big Spring Park often and that
12 she loved the park. She stated, however, that one thing that was
13 missing for a mother like herself was a publicly accessible place
14 to go inside a building if the need arose. She stated that when
15 one juggled triplet infants and then toddlers, there were many
16 reasons that this might be needed, such as to find a place to go
17 to the restroom, to sit down and have lunch, et cetera.
18 Ms. Ceci stated that everything she had seen about the
19 project had shown that it would not take away from the park but
20 would actually add to it by providing more publicly accessible
21 inside space. She stated that from what she could see this was a
22 win for Huntsville.
23 Ms. Ceci stated that she also wanted to speak about downtown
24 redevelopment. She stated that for two years she had worked for
25 the State of Alabama as the tourism director for North Alabama
26 and that it had been her job to promote Huntsville and the
0023
1 surrounding communities to tourist groups, travel writers, and
2 conventions. She stated she had visited Chattanooga, Nashville,
3 and other cities that had revitalized their downtown areas and
4 had seen their tourism business increase. She stated that the
5 seed that had started the growth in these cities was a
6 development plan that had utilized public-private partnerships to
7 bring more persons into the downtown areas to work and to live.
8 She stated that if restaurants, shops, and attractions were going
9 to be developed, there had to be persons living and working in
10 the area that would support such businesses day in and day out.
11 She stated that when one looked at developing new hotels,
12 restaurants, and night life, it was not a case of "Build them and
13 they will come." She stated that first one had to build the base
14 of people and then the rest would fall into place and give the
15 entire community a downtown they could be proud of and enjoy.
16 Ms. Ceci stated that she had wanted to give the view of one
17 mother who used the park and felt that this project, combined
18 with the park expansion around the Civic Center and the new
19 Embassy Suites Hotel, would be the kick start the city needed for
20 a real revival for the downtown area.
21 Mr. Joe Fuqua, 2735 Trevor Drive, appeared before the
22 Council, stating that his firm was the architect on the proposed
23 office building. He stated that there had been some comments
24 made which he felt needed to be addressed. He stated he had
25 grown up in Huntsville and had loved to come to the downtown area
26 for shopping, that it had always been a special place for him.
0024
1 He stated that when he had first started his own business in
2 1982, he had purchased an older building in the downtown area and
3 had renovated it and had joined the Downtown Renaissance, which
4 he stated was a forerunner of the Downtown Redevelopment
5 Authority. He stated that downtown had been his passion and his
6 love and his work. He stated that his firm had been involved in
7 renovating several of the buildings in the downtown area.
8 Mr. Fuqua stated that one of the things that was somewhat
9 frustrating from an architect's standpoint was that Electric
10 Avenue had taken up the entire side of the park and everybody
11 loved it but that now they would be taking less than 400 square
12 feet of the park and they seemed to have enemies. He stated that
13 he himself loved Downtown Huntsville and loved the park and that
14 he felt this was a step in the right direction, noting that it
15 would create an edge for the park.
16 Mr. Fuqua urged the Council to support Triad Properties in
17 this development, stating that he felt it would be a good thing
18 for downtown Huntsville.
19 Mr. Carlton O'Neal, 709 Clinton Avenue, appeared before the
20 Council, stating he was a long-time Madison County resident and a
21 short-time Downtown Historic District resident. He stated that
22 he and his wife had bought a house on Clinton Avenue and had
23 refurbished it and that they were enjoying being in the downtown
24 area, that they loved to walk into the downtown area and be able
25 to dine. He stated that the proposed project was smaller than
26 the one that had been approved for Electric Avenue. He stated
0025
1 that he felt this would be a real benefit to the downtown area.
2 Mr. O'Neal stated he had recently visited in Roanoke and
3 that it was a very vibrant area. He stated that the difference
4 between Huntsville's downtown and Roanoke's downtown was the
5 number of employees who came every day to Roanoke's downtown
6 area. He stated this was the only thing Huntsville needed in its
7 downtown area to revitalize it and make it more vibrant.
8 Mr. O'Neal applauded the effort of the developers to come in
9 and risk their capital on this project. He stated he felt it
10 would be an excellent addition to the city and that he was
11 looking forward to eating in the restaurant on the first floor of
12 the building. He stated he would rather have this beautiful
13 building than a four-story parking garage on the same site.
14 Ms. Carol Smith, 1304 Sierra Boulevard, appeared before the
15 Council, stating she had no vested interest in the proposed
16 project, other than she lived in the 35801 Zip Code. She stated
17 that she applauded the Council's actions in revitalizing the
18 downtown area. She stated they had seen a lot of progress and
19 that she felt the proposed building would make a big difference.
20 Ms. Smith stated she had spent some time in Chattanooga the
21 previous summer and that it was a beautiful city and that their
22 downtown revitalization had done very well. She stated she had
23 also been in Central Park in New York City the prior summer and
24 that she had been thinking about the beautiful buildings that
25 surrounded that park.
26 Ms. Smith stated that the proposed building would really
0026
1 round out the city and provide for the citizens, while still
2 allowing persons to enjoy the park. She urged the Council to
3 support the project.
4 Ms. Dorothy Weems, 1100 Chestnut Road, appeared before the
5 Council, stating she was not an accountant, architect, or
6 attorney but that she lived in Huntsville. She stated that
7 Big Spring Park's value to the city could not be measured in
8 economic, architectural, or legal terms. She stated that the
9 sale of Big Spring Park land to Triad Properties was morally
10 repugnant to her because some things were more important than
11 bringing in more money to the city, noting that this was history,
12 heritage, and Huntsville's own.
13 Ms. Weems stated that Big Spring Park had been a part of the
14 city's history and heritage since John Hunt and Huntsville's
15 founding, that it was Huntsville's Central Park, and that just as
16 Central Park belonged to all New Yorkers, Big Spring Park
17 belonged to all Huntsvillians. She stated that progress was not
18 progress that ran ramshod over such things. She stated that
19 investment in the city's future must include preservation of
20 certain irreplaceable things from the city's past. She stated
21 that perhaps Triad Properties could purchase land in Brahan
22 Spring Park, noting that it needed improvement.
23 President Russell stated that the next item on the agenda
24 was Huntsville Utilities Items.
25 Councilwoman Moon read and introduced a resolution
26 authorizing the oil containment project at Old Railroad Bed
0027
1 Substation, as follows:
2 (RESOLUTION NO. 03-958)
3 Councilwoman Moon moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Watson,
5 and was unanimously adopted.
6 Councilwoman Moon read and introduced a resolution
7 authorizing construction of 5,830' of 46kV transmission system
8 with 12kV 3-phase underbuild to serve the Marina Parkway/Hobbs
9 Island area, as follows:
10 (RESOLUTION NO. 03-959)
11 Councilwoman Moon moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Watson,
13 and was unanimously adopted.
14 Councilwoman Moon read and introduced a resolution
15 authorizing electric facility upgrade to facilitate the COH
16 downtown hotel project, consisting of rebuilding and
17 reconductoring approximately 1,115' of overhead distribution and
18 adding 540' of overhead and 300' of underground distribution, as
19 follows:
20 (RESOLUTION NO. 03-960)
21 Councilwoman Moon moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson,
23 and was unanimously adopted.
24 Councilwoman Moon read and introduced a resolution
25 authorizing installation of 3,625' of 4" PE pipe and
26 approximately 1,350' of 2" PE pipe along Veterans, Military and
0028
1 Defender drives within Redstone Village Retirement Complex, as
2 follows:
3 (RESOLUTION NO. 03-961)
4 Councilwoman Moon moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Watson,
6 and was unanimously adopted.
7 Councilwoman Moon read and introduced a resolution
8 authorizing the installation of 5,020' of 4" PE main and 1,700'
9 of 2" PE pipe inside Marina Park Subdivision, as follows:
10 (RESOLUTION NO. 03-962)
11 Councilwoman Moon moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Watson,
13 and was unanimously adopted.
14 Councilwoman Moon read and introduced a resolution
15 authorizing the installation of 3,300' of 4" PE pipe and 4,483'
16 of 2" PE pipe in Kelly Plantation Subdivision, as follows:
17 (RESOLUTION NO. 03-963)
18 Councilwoman Moon moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Watson,
20 and was unanimously adopted.
21 President Russell stated the next item on the agenda was
22 Board Appointment Nominations.
23 President Russell nominated Russell Rawson for reappointment
24 to the Huntsville-Madison County Emergency Management Board, for
25 a term to expire July 1, 2008.
26 Councilman Kling read and introduced a resolution
0029
1 authorizing the expenditures for payments, as follows:
2 (RESOLUTION NO. 03-964)
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 Russell stated the next item on the agenda was the
7 Finance Committee Report.
8 Councilman Kling recognized Larry Conwill of the Finance
9 Department. He stated the City had had some good news concerning
10 its bond rating and asked Mr. Conwill to comment on this.
11 Mr. Conwill stated that Moody's and Standard & Poor's
12 continued to give the City an excellent bond rating, being an AA2
13 and an AA, and that they continued to comment on the City's
14 financial management and economic position as being sound. He
15 stated that Mr. Dotts was present and could provide some
16 additional detail if the Council were interested.
17 Councilman Kling asked Mr. Dotts to comment.
18 Mr. Phil Dotts appeared before the Council, stating that the
19 environment the city, as well as other cities, had been through
20 in the last year had been very difficult economically. He noted
21 that other cities had been downgraded in their ratings because of
22 this but that Huntsville had been successfully managed through
23 some tough times and stated that the Administration and the
24 Council should be commended for this. He stated that this was
25 reflected in the rating, and also in the rate the City had
26 received in the bond market, which he stated was 4.492 percent.
0030
1 He stated that this was an exceptional bond rate for a 21-year
2 financing. He congratulated the City for a terrific job.
3 Councilman Kling asked that item 15.s, dealing with the bond
4 issue, be taken out of order at this time.
5 Councilman Kling read and introduced a resolution
6 authorizing the Mayor to execute a Bond Purchase Agreement with
7 Morgan Keagan & Company, Inc., and Joe Jolly & Company, Inc., for
8 the issuance of General Obligation Refunding Warrants
9 Series 2003-C, in the total amount of $53,955,000, as follows:
10 (RESOLUTION NO. 03-965)
11 Councilman Kling moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilwoman Moon.
13 Councilman Kling asked for a general explanation for the
14 public's benefit.
15 Mr. Conwill stated approximately $34.5 million would be used
16 for TIF 3 school construction, $6.5 million for recreation
17 facility construction, and $12.5 million for the Huntsville
18 School System's capital construction.
19 President Russell called for the vote on the above
20 resolution, and it was unanimously adopted.
21 Mayor Spencer stated that John Q. Hammonds had been
22 recognized by Hotelier's magazine as the corporate hotelier of
23 the world. She stated that a spokesman for the magazine had
24 stated he felt the award was long overdue, that in his opinion
25 Mr. Hammonds was a true hotel industry legend, counted among the
26 industry's pioneers, and that he had great instincts for hotel
0031
1 development and operation.
2 Councilman Watson stated that the University Drive bridge
3 would be installed the following Sunday and that the children who
4 lived in this area would finally be able to safely cross this
5 street without having to worry about the trucks. He stated that
6 it had taken six years to make this thing happen and that it
7 would be very exciting to see it finally come to fruition.
8 Councilman Kling stated that the past weekend the first game
9 of the Channel Cats in Huntsville had been a great success,
10 noting that there were more than 6500 persons in attendance. He
11 stated that some persons had contacted him to advise him that
12 there was a difficulty with parking in the area. He suggested
13 that in the future when large crowds such as this were
14 anticipated that the Transportation Department might implement a
15 plan that they had involving the use of shuttle buses.
16 Councilwoman Moon stated that the ribbon-cutting for the new
17 YMCA on Weatherly Road had been held earlier in the day. She
18 stated this was a magnificent facility, noting it was a
19 bittersweet occasion because of Mr. Scott not being able to be
20 present for the event.
21 Mr. Tommy Brown stated there had been several major events
22 in the Civic Center the past weekend and noted they had filled up
23 the main garage but that they had opened the Central Bank garage
24 and it had not filled up and that they also had opened the lot
25 across from the Post Office and it had not filled up. He stated
26 that they had additional persons on staff to direct traffic and
0032
1 to help get persons in the garage and that they were developing
2 additional signage as they got into the new flow of traffic and
3 how people were coming in and out. He stated they would be
4 paying a lot of attention to the parking situation and that he
5 felt if people would bear with them they would be able to handle
6 it. He stated that if other resources were called for, they
7 would certainly look into this also.
8 President Russell expressed appreciation to the persons who
9 had participated in the Veterans Day parade, stating he felt this
10 was a wonderful way to honor the city's veterans.
11 President Russell stated he had visited the Huntsville High
12 Student Government Association the prior week and had enjoyed
13 this visit.
14 President Russell stated he had visited at Somerby earlier
15 in the day and had enjoyed meeting with persons there. He stated
16 he certainly hoped these persons were watching the meeting and
17 that they would continue to e-mail him and express their opinions
18 on issues.
19 President Russell stated the next item on the agenda was
20 Unfinished Business Items for Action.
21 President Russell stated the next item on the agenda was
22 Resolution No. 03-877, authorizing the Mayor to enter into a
23 Development Agreement between the City of Huntsville and Triad
24 Properties Corporation, which was introduced at the October 9,
25 2003, Council meeting and postponed at the October 23, 2003,
26 Council meeting until this meeting.
0033
1 President Russell asked Mr. Joffrion to provide an update on
2 the status of the agreement and explain the proposed changes.
3 Mr. Joffrion stated the agreement had been finalized and
4 that copies of it were in the Council members' packages. He
5 stated that for the benefit of the public and for the Council's
6 benefit as well, he would like to respond to a couple of issues
7 which had been raised. He stated that the Downtown Redevelopment
8 Authority was not going to be involved in the project. He stated
9 that that was a tool that was sometimes used to facilitate
10 downtown redevelopment and that it had been an option early on
11 but that the developers had chosen not to use that as a vehicle
12 for this particular project. He stated that, therefore, any
13 reference to the Downtown Redevelopment Authority had been
14 deleted from the agreement.
15 Mr. Joffrion stated, with regard to the cost per square
16 foot, that there had not been established any minimum or maximum,
17 that the agreement simply provided that if the property were
18 appraised for more than $20 per square foot, the developer, at
19 its option, had the right to terminate the agreement.
20 Mr. Joffrion stated, concerning the changes to the lease,
21 that there had been some uncertainty initially as to how much
22 space would be leased but stated that this had been finalized at
23 14,500 square feet. He stated there had been added all the
24 exhibits, which he stated were high-quality, computer-generated
25 or photographic exhibits that were depictions or descriptions of
26 the areas referenced in the contract. He stated they had added
0034
1 the requirement that the developer build the two levels of
2 additional parking. He stated that since they had exclusive
3 control of the air rights, this facilitated the project and was
4 an easier and more efficient and cost-effective manner of
5 building the garage addition. He stated that they had added the
6 provision that the City would purchase the two levels of garage
7 addition at cost or appraised value, whichever would be less. He
8 stated that they would proceed immediately upon approval, if the
9 Council approved the agreement, to have an appraiser appraise the
10 two levels of the parking garage on a cost evaluation basis.
11 Mr. Joffrion stated that the agreement provided for design
12 review by the City. He stated that this had been in the initial
13 draft but that he had wanted to reiterate this. He stated that
14 it required that the exterior design be substantially similar to
15 the architect's rendering. He stated that this had been added
16 for quality of design and aesthetic control. He stated that it
17 also required that the City approve the design plans before a
18 building permit would be issued. He stated that this was another
19 measure of design control for the City, to ensure that what had
20 been presented would be what would be built.
21 Mr. Joffrion stated that it required that proof of the air
22 rights ownership be provided to the City before the building
23 permit would be issued. He stated that it required the developer
24 to provide an executed copy of its loan agreement and a binding,
25 written commitment from a lender or other financial institution
26 confirming that sufficient funds were available to ensure
0035
1 completion of the project.
2 Mr. Joffrion stated it provided that assignment of the
3 developer agreement could only be to an entity either owned or
4 controlled by the particular developer and not to any independent
5 third party. He stated that it clarified the amount of space
6 that was under option to the developer, which he stated was
7 31,400 square feet. He stated that it required that that option
8 be exercised within two years of the commencement of the office
9 building project or the option would expire. He stated it also
10 required that the office building be constructed in accordance
11 with the design plans previously reviewed by the City or the
12 option would be void.
13 Mr. Joffrion stated that the agreement as amended required
14 the developer to include a restaurant on the first floor of the
15 office building, of 3,000 square feet or larger. He stated that
16 this was a requirement that was built into the lease.
17 President Russell moved that the Council postpone
18 consideration of Resolution No. 03-877 until the regular Council
19 meeting of November 20, 2003, which motion was duly seconded by
20 Councilman Kling.
21 President Russell called for the vote on the above motion,
22 and it was unanimously approved.
23 President Russell stated the next item on the agenda was
24 Resolution No. 03-904, setting out a plan of strategy for the
25 restoring of William Hooper Councill School facility located at
26 620 St. Clair Avenue, which was introduced at the October 9,
0036
1 2003, Council meeting and postponed at the October 23, 2003,
2 Council meeting until this date.
3 Councilman Watson moved to postpone consideration of
4 Resolution No. 03-904 until the regular Council meeting of
5 November 20, 2003, which motion was duly seconded by
6 Councilman Kling.
7 President Russell called for the vote on the above motion,
8 and it was unanimously approved.
9 Councilwoman Moon moved for approval of Ordinance
10 No. 03-913, to implement Phase I of a one-way street network in
11 the downtown core area of the City of Huntsville, which was
12 introduced at the October 23, 2003, Council meeting, as follows:
13 (ORDINANCE NO. 03-913)
14 Said motion was duly seconded by Councilman Kling.
15 Mr. Tom Cunningham stated that the proposal was to make
16 several north-south, east-west roadways one-way pairs. He stated
17 Lincoln Avenue and Greene Street were an example. He stated this
18 would actually increase the number of on-street parking areas by
19 200 in the downtown area and would significantly improve the
20 traffic flow through the downtown area. He stated that the
21 Phase I project would begin late in the current year and would
22 initially include Clinton Avenue and Greene Street improvements.
23 He stated that subsequent improvements as listed in the ordinance
24 would be continued in the following year. He stated that this
25 should make travel in the downtown area much easier and much less
26 confusing than it was at the present time. He stated that they
0037
1 would expect to have maps published in the newspaper for
2 notification to the public before anything was actually enacted.
3 President Russell called for the vote on Ordinance
4 No. 03-913, and it was unanimously adopted.
5 Councilman Watson moved for approval of Ordinance No.
6 03-914, amending the privilege license ordinance to provide for a
7 license fee on the sale of tobacco products, which was introduced
8 at the October 23, 2003, Council meeting, which motion was duly
9 seconded by President Russell.
10 Councilman Watson moved to postpone consideration of
11 Ordinance No. 03-914 until the next regular Council meeting on
12 November 20, 2003.
13 Said motion was duly seconded by President Russell.
14 President Russell called for the vote on the above motion,
15 and it was unanimously approved.
16 President Russell stated the next item on the agenda was New
17 Business Items for Introduction.
18 President Russell read and introduced Ordinance No. 03-964A,
19 concerning the annexation of land lying generally along the south
20 side of Old Monrovia Road and east of Providence Main Street.
21 President Russell read and introduced Ordinance No. 03-966,
22 concerning the annexation of land lying generally along the west
23 side of James Road and the north side of Deaton Road.
24 President Russell read and introduced Ordinance No. 03-967
25 to amend Ordinance No. 89-79, Classification and Salary Plan, to
26 modify the salary classifications and/or title of certain
0038
1 positions.
2 President Russell read and introduced Ordinance No. 03-968
3 to amend the Budget Ordinance, Ordinance No. 03-785, to modify
4 the authorized strength in various departments.
5 President Russell read and introduced Ordinance No. 03-969
6 respecting the use of the public rights-of-way in the City of
7 Huntsville, Alabama, by Ardmore Telephone Company, Inc.
8 President Russell read and introduced Ordinance No. 03-970,
9 to authorize the issuance of General Obligation Warrants,
10 Series 2003-C, in the amount of $53,955,000, the purpose of which
11 is to provide money for the construction of TIF 3 schools,
12 recreation facilities, and various capital improvements to
13 Huntsville City Schools.
14 President Russell stated the next item on the agenda was New
15 Business Items for Consideration or Action.
16 President Russell stated that item 15.hh had been deleted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Clerk-Treasurer to invoke sidewalk letter of
19 credit for Hampton Manor, Phase Two, as follows:
20 (RESOLUTION NO. 03-971)
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 City Attorney to settle the lawsuit styled Eric
26 Hardin v. City of Huntsville, Civil Action No. VC01-1406, as
0039
1 follows:
2 (RESOLUTION NO. 03-972)
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 City Attorney to seek a forfeiture of the surety
8 bond issued by RLI Surety Company, as follows:
9 (RESOLUTION NO. 03-973)
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 Clerk-Treasurer to invoke sidewalk letter of
15 credit for Stonemark Subdivision, as follows:
16 (RESOLUTION NO. 03-974)
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 Mayor to sign the plat of Cummings Research Park
22 West: Resubdivision of a part of Block 2 of Cummings Research
23 Park, as follows:
24 (RESOLUTION NO. 03-975)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0040
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to execute a petition for annexation of
4 city-owned land lying generally along the south side of Old
5 Monrovia Road and east of Providence Main Street, as follows:
6 (RESOLUTION NO. 03-976)
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 execute the agreement with Great
12 American Life Insurance Company for the provision of a Long Term
13 Care Insurance plan, as follows:
14 (RESOLUTION NO. 03-977)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 Councilman Watson moved for approval of a request for
19 authorization to advertise and fill budgeted Water Pollution
20 Control Operator vacancies, which motion was duly seconded by
21 Councilwoman Moon, and was unanimously approved.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to enter into an agreement with the
24 Executive Office of the President, Office of National Drug
25 Control Policy for the High Intensity Drug Trafficking Area
26 grant, as follows:
0041
1 (RESOLUTION NO. 03-978)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson moved for approval of a request for
6 permission to change rate of pay for regular, part-time Safety
7 Patrol Aide with less than 18 months of continuous service to
8 $6.98/hour and to change rate of pay for regular, part-time
9 Safety Patrol Aide with more than 18 months of continuous service
10 to $7.20/hour, which motion was duly seconded by
11 Councilwoman Moon, and was unanimously approved.
12 Councilman Watson read and introduced a resolution
13 authorizing an agreement between the City of Huntsville and
14 Aussie Rescue and Placement Helpline, as follows:
15 (RESOLUTION NO. 03-979)
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 an agreement between the City of Huntsville and
21 Schnauzer Love Rescue, Inc., as follows:
22 (RESOLUTION NO. 03-980)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted.
26 Councilman Watson read and introduced a resolution
0042
1 authorizing the Mayor to enter into agreements with the low
2 bidders meeting specifications as outlined in the attached
3 Summary of Bids for Acceptance, as follows:
4 (RESOLUTION NO. 03-981)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Watson read and introduced an ordinance to amend
9 Budget Ordinance No. 03-785, adopted and approved on
10 September 30, 2003, by increasing the appropriation for
11 Huntsville Utility Water Revenues and increasing the
12 appropriation for Fire Department Hydrant Rental expenditures, as
13 follows:
14 (ORDINANCE NO. 03-982)
15 Councilman Watson moved for approval of the foregoing
16 ordinance, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 Councilman Watson read and introduced a resolution
19 authorizing the acceptance of donation to the Administration,
20 Operation Green Team, from Commercial Landscape Services, as
21 follows:
22 (RESOLUTION NO. 03-983)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilwoman Moon,
25 and was unanimously adopted.
26 Councilman Watson read and introduced an ordinance to amend
0043
1 Budget Ordinance No. 03-785, adopted and approved on
2 September 30, 2003, by changing appropriated funding and the
3 authorized personnel strength within various departments, as
4 follows:
5 (ORDINANCE NO. 03-984)
6 Councilman Watson moved for approval of the foregoing
7 ordinance, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Watson read and introduced a resolution
10 authorizing the Mayor to enter into a contract with the Alabama
11 Emergency Management Agency for support of the Radiological
12 Emergency Preparedness Program, as follows:
13 (RESOLUTION NO. 03-985)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into a contract with the City of
19 Madison for WMD funding, as follows:
20 (RESOLUTION NO. 03-986)
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 acceptance of a $600,000 Equipment Grant from the
26 Alabama Emergency Management Agency, as follows:
0044
1 (RESOLUTION NO. 03-987)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to enter into a contract with Jacksonville
7 State University for work performed in support of the revision of
8 the Emergency Operations Plan, as follows:
9 (RESOLUTION NO. 03-988)
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 an ordinance declaring
14 certain equipment as surplus and to be sold, as follows:
15 (ORDINANCE NO. 03-989)
16 Councilman Watson moved for approval of the foregoing
17 ordinance, which motion was duly seconded by Councilwoman Moon,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into an agreement with Civil
21 Solutions, LLP, for Engineering Services for Indian Creek
22 Greenway, Phase III, Project Nos. 65-04-WP02 & STPE-TE03(910), as
23 follows:
24 (RESOLUTION NO. 03-990)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilwoman Moon,
0045
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to amend the contract with Bolden Pipe
4 Construction Inc., for Western Area WWTP Influent Line Upgrade,
5 Project No. CSO10307-0902, by Change No. 3, as follows:
6 (RESOLUTION NO. 03-991)
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 a Joint Funding Agreement
12 with the U.S. Geological Survey for Water Resources
13 Investigations, Project No 65-DM08, as follows:
14 (RESOLUTION NO. 03-992)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon,
17 and was unanimously adopted.
18 Councilman Watson read and introduced a resolution
19 authorizing the Mayor to enter into an agreement with the Alabama
20 Department of Transportation for the Operation & Maintenance of
21 Traffic Control Signals on U.S. Highway 72 at Balch Road and U.S.
22 Highway 72 at County Line Road, as follows:
23 (RESOLUTION NO. 03-993)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0046
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into an agreement with low bidder
3 for Fagan Creek Relocation, Project #65-03-DR13, as follows:
4 (RESOLUTION NO. 03-994)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Watson moved for approval of a request for
9 authorization to fill one (1) Police Systems Technician position
10 for the Huntsville Police Department, Grade 12, which motion was
11 duly seconded by Councilwoman Moon, and was unanimously approved.
12 Councilman Watson read and introduced a resolution
13 authorizing city attorney to seek a forfeiture of the surety bond
14 issued by Old Republic Surety Company, as follows:
15 (RESOLUTION NO. 03-995)
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 Councilwoman Moon read and introduced an ordinance declaring
20 certain parcels of land as surplus and no longer needed for a
21 municipal purpose, as follows:
22 (ORDINANCE NO. 03-996)
23 Councilwoman Moon moved for approval of the foregoing
24 ordinance, which motion was duly seconded by Councilman Kling.
25 Councilman Kling asked for an explanation of the above
26 ordinance.
0047
1 Mr. Hatfield stated that these were parcels that were held
2 by Community Development that were no longer needed.
3 Councilman Watson asked for a further explanation of this,
4 asking where the land was located.
5 Mr. Joffrion stated that he thought most of the properties
6 were in Meadow Hills and that they were properties that
7 Mr. Galloway had wanted to be able to sell. He stated that they
8 would be closing on two of the properties on the following day if
9 the Council approved the sale.
10 President Russell called for the vote on the above
11 ordinance, and it was unanimously adopted.
12 Councilwoman Moon read and introduced an ordinance to amend
13 Budget Ordinance No. 03-785, adopted and approved on
14 September 30, 2003, by increasing the appropriations to the Von
15 Braun Center and the Huntsville Convention and Visitors Bureau
16 pursuant to the Council approved funding model, as follows:
17 (ORDINANCE NO. 03-997)
18 Councilwoman Moon moved for approval of the foregoing
19 ordinance, which motion was duly seconded by President Russell.
20 President Russell asked Mr. Conwill for an explanation of
21 the above ordinance.
22 Mr. Conwill stated that in FY96 the Council had established
23 a funding model whereby the Civic Center and the Convention
24 Bureau were appropriated funding driven by the revenue
25 performance of the liquor and lodging tax. He stated that this
26 action would effectively true up the difference between the
0048
1 actual revenue performance and the budgetary revenue performance.
2 President Russell called for the vote on the above
3 ordinance, and it was unanimously adopted.
4 Councilwoman Moon read and introduced a resolution
5 authorizing the Mayor to modify the agreement with Garver
6 Engineers for additional Engineering Services associated with
7 Pulaski Pike Improvements (North Huntsville Industrial Park),
8 Project No. 65-00-RD06, by Modification No. 1, as follows:
9 (RESOLUTION NO. 03-998)
10 Councilwoman Moon moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Watson.
12 Mr. Cunningham stated that the above resolution was for
13 engineering services rendered by the consultant, Garver
14 Engineers, in support of the Pulaski Pike Project.
15 President Russell called for the vote on the above
16 resolution, and it was unanimously adopted.
17 Councilwoman Moon read and introduced a resolution
18 authorizing the Mayor to enter into an agreement with Christopher
19 Plumbing Electric, Inc., for Fagan Creek Slope Paving
20 Improvements, Project #65-03-DM56, as follows:
21 (RESOLUTION NO. 03-999)
22 Councilwoman Moon moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling.
24 Mr. Cunningham stated that after a lengthy process with
25 FEMA, the City had been given authorization to construct the
26 improvements to the Fagan Creek slope paving area that had been
0049
1 damaged by the flood of May 6. He stated that the total cost of
2 this project was approximately $158,288, of which 75 percent
3 would be funded by FEMA and 10 percent by the State, so that the
4 City's portion would be 15 percent. He stated that this would
5 actually replace the sections of slope paving that were damaged
6 as a result of the flood.
7 President Russell called for the vote on the above
8 resolution, and it was unanimously adopted.
9 Councilwoman Moon read and introduced a resolution
10 authorizing the Mayor to enter into an agreement between the City
11 of Huntsville and the Huntsville-Madison County Chamber of
12 Commerce, as follows:
13 (RESOLUTION NO. 03-1000)
14 Councilwoman Moon moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Watson.
16 Mr. Hatfield stated that this was the annual contract with
17 the Chamber of Commerce and that it included the economic
18 development services the Chamber would provide for the City.
19 President Russell called for the vote on the above
20 resolution, and it was unanimously adopted.
21 President Russell stated the next item on the agenda was
22 Legal Department Items/Transactions.
23 Councilman Watson read and introduced an ordinance to vacate
24 the East (rear) 15-foot utility and drainage easement, Lot 2,
25 Block 3, Fagan Springs Estates, Fourth Addition, Plat Book 3,
26 Page 56, as follows:
0050
1 (ORDINANCE NO. 03-1001)
2 Councilman Watson moved for approval of the foregoing
3 ordinance, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Watson read and introduced an ordinance to vacate
6 the area of encroachment of existing building over the West
7 10-foot sanitary sewer easement and South 15-foot utility and
8 drainage easement, Lot 4, Sparkman Industrial Park, Plat Book 5,
9 Page 94, as follows:
10 (ORDINANCE NO. 03-1002)
11 Councilman Watson moved for approval of the foregoing
12 ordinance, which motion was duly seconded by Councilman Kling,
13 and was unanimously adopted.
14 Councilman Watson read and introduced an ordinance to vacate
15 the 15-foot utility and drainage easement between Lots 249 and
16 250, Tammerack Lakes, Plat Book 28, Page 547, as follows:
17 (ORDINANCE NO. 03-1003)
18 Councilman Watson moved for approval of the foregoing
19 ordinance, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 Mr. Joffrion submitted the following deeds for approval:
22 (DEEDS)
23 Whereupon, Councilman Watson moved for approval of the
24 foregoing deeds, which motion was duly seconded by
25 Councilman Kling, and was unanimously approved.
26 President Russell inquired as to whether there were any
0051
1 non-roster communications from the public.
2 Ms. Jackie Reed appeared before the Council, asking that the
3 date of the next Council meeting be put on Channel 42, as well as
4 the dates for the other Council meetings to be held during
5 December. She stated that she would also like to see some of the
6 contract for the building in the park on Channel 42.
7 President Russell stated the proposed agreement was on the
8 web page but stated it was not on Channel 42 at this time.
9 Upon motion, duly seconded, it was voted to adjourn.
10
11
12
13 _____________________________
14 PRESIDENT OF THE CITY COUNCIL
15
16 ATTEST:
17
18
19
20 ______________________________
21 CITY CLERK-TREASURER