1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD NOVEMBER 23, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on November 23, 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
10 Absent: Watson
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Showers called the meeting to order, stating that
16 the meeting was being held on this date because of the
17 Thanksgiving holiday.
18 President Showers led the invocation; Councilwoman Moon led
19 the pledge of allegiance.
20 The minutes of the regular meeting of the Council held on
21 November 9, 2004, were approved as submitted.
22 President Showers recognized Councilman Russell and
23 Councilwoman Moon, who had served as past presidents of the
24 Council, and presented plaques to them, expressing appreciation
25 for their outstanding service to the Council.
26 Councilman Russell and Councilwoman Moon expressed
27 appreciation for the recognition.
28 President Showers read and introduced a resolution
29 recognizing Mary Ethel Showers for her humanitarian efforts, as
30 follows:
0002
1 (RESOLUTION NO. 04-940)
2 President Showers moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon.
4 President Showers stated the above resolution was one
5 recognizing his mother, Mary Ethel Showers, for her outstanding
6 service to her community, which he stated she was continuing at
7 this time at the age of 82. He stated his mother resided in
8 Baldwin County in South Alabama and had been a beacon in this
9 area and was to be honored the following Saturday with a surprise
10 appreciation party for her many years of service to persons in
11 that community. He stated he intended to present the resolution
12 at the event on the following Saturday.
13 President Showers called for the vote on the above
14 resolution, and it was unanimously adopted.
15 President Showers read and introduced a resolution
16 congratulating The North Alabama Center for Educational
17 Excellence on their 30th Anniversary, to be celebrated on
18 December 3, 2004, at the Knight Center, Alabama Agricultural and
19 Mechanical University, and welcoming special guest speaker
20 Mr. Larry Oxendine, Director, TRIO Federal Programs, as follows:
21 (RESOLUTION NO. 04-941)
22 President Showers moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Russell,
24 and was unanimously adopted.
25 President Showers stated he would present the resolution at
26 the appropriate time.
0003
1 Councilman Kling asked that items 15.k. and 15.l. be taken
2 out of order at this time.
3 President Showers stated that these items would be
4 considered by the Council at this time.
5 Councilman Kling read and introduced an ordinance to amend
6 Budget Ordinance No. 04-803, adopted and approved on October 14,
7 2004, by changing appropriated funding and the authorized
8 personnel strength within various departments, as follows:
9 (ORDINANCE NO. 04-942)
10 Councilman Kling moved for approval of the foregoing
11 ordinance, which motion was duly seconded by Councilman Russell.
12 Mr. Randy Taylor stated that the above ordinance included
13 three changes to budgets in the departments. He stated that one
14 of these was to increase the funding for the Taylor Road
15 relocation project, in the amount of $46,000, all of which was
16 being paid for by a private developer contribution; and to
17 appropriate $10,000 for municipal court capital, which he stated
18 was being paid for by funds earmarked by the State for such
19 purpose; and the transfer of $4,000 to the ITS Department from
20 operating capital. He stated that the changes in authorized
21 strength were as follows: To increase the number of police
22 investigators by 53 and to decrease the number of police
23 officers. He stated that this also included the addition of one
24 Planner I position, Grade 13, in the Planning Department. He
25 stated that this was a numerical correction and there would be no
26 increase in funding.
0004
1 President Showers called for the vote on the above
2 ordinance, and it was unanimously adopted.
3 Councilman Kling read and introduced an ordinance to amend
4 Budget Ordinance No. 04-803, adopted and approved on October 14,
5 2004, by making re-appropriations to various departments funded
6 with prior year surplus, as follows:
7 (ORDINANCE NO. 04-943)
8 Councilman Kling moved for approval of the foregoing
9 ordinance, which motion was duly seconded by Councilwoman Moon.
10 Mr. Randy Taylor stated all departments placed purchase
11 orders for items they needed and that at the end of the year the
12 funding for all purchase orders lapsed and noted that the Council
13 always reappropriated the money for commitments already in place.
14
15 He stated the second part of the ordinance related to funding
16 that needed to be reappropriated related to commitments that did
17 not necessarily take the form of purchase orders.
18 Councilwoman Moon moved to amend to include $7,000 to the
19 ARC of Madison County, as a one-time appropriation so that the
20 ARC could meet its match on a substantial grant it had received
21 from Senator Shelby for bus transportation for their clients.
22 Said motion was duly seconded by President Showers.
23 Councilwoman Moon stated she realized the budget was tight
24 and that she had talked to representatives of the ARC about
25 deferring this payment as long as possible, until such time as
26 they needed it to meet their match. She stated she certainly
27 appreciated the cooperation of the Council on this motion.
0005
1 Mayor Spencer stated the Administration was aware of
2 Councilwoman Moon's interest in this item and stated the reason
3 it had not been included was because they did not have all the
4 information from the different departments. She stated these
5 carryover dollars were what they had always purchased the police
6 cars with and stated that these had to be ordered in December in
7 order to receive them for the coming year. She stated there were
8 some equipment needs within the departments and the orders had to
9 be placed sooner rather than later. She stated that they would
10 appreciate it if the ARC could delay as long as possible their
11 need to meet the matching grant.
12 President Showers called for the vote on the motion to
13 amend, and it was unanimously approved.
14 President Showers called for the vote on Ordinance
15 No. 04-943, as amended, and it was unanimously adopted.
16 President Showers stated the following honorary citizen
17 certificates had been presented: SGT Sharoder Faulk,
18 September 16, 2004, and SGT Johnny Walker, NCO of the Quarter,
19 November 18, 2004, presented at the Soldier of the Month
20 Luncheon, Redstone Arsenal, Alabama.
21 President Showers stated the following certificates of
22 appreciation had been presented: Johnny Johnston, for service
23 rendered to the Human Relations Commission, June 26, 2003, to
24 October 28, 2004; and D. Renee Mobley, for service rendered to
25 the Community Development Citizens Advisory Council, March 9,
26 2000, to October 28, 2004.
0006
1 (Mayor Spencer leaves the meeting.)
2 President Showers stated the next item on the agenda was
3 Public Hearings to be Held.
4 President Showers stated that it was the time and place in
5 the meeting for a public hearing on Ordinance No. 04-808, to
6 rezone land lying generally west of Triana Boulevard, south of
7 Village Drive and north of Redstone Arsenal, from Residence 1-B
8 District and Residence 2-A District to Residence 1-B District,
9 Residence 2-B District, and Neighborhood Business C-1 District,
10 which hearing was set at the October 14, 2004, Regular Council
11 Meeting.
12 Ms. Marie Bostick stated the above request involved
13 approximately 100 acres located in the southwest part of the
14 community, immediately west of Triana Boulevard and north of the
15 Redstone Arsenal boundary. She stated the majority of the
16 property was presently zoned Residence 2-A District, which she
17 stated allowed various types of single-family homes and
18 apartments. She stated the request was to rezone approximately
19 19 acres of the property to Residence 2-B District, which she
20 stated would allow single-family homes, apartments, and offices.
21 She stated this portion of the property was located immediately
22 adjacent to Triana Boulevard. She stated that approximately
23 10 acres was being requested to be rezoned as Neighborhood
24 Business C-1, which she stated was also located adjacent to
25 Triana Boulevard and would allow neighborhood-type service
26 businesses. She stated the majority of the property would go
0007
1 from Residence 2-A District to Residence 1-B District, which she
2 stated would allow only single-family homes, which she stated
3 would be an extension of the residential area in the area
4 surrounding McDonnell School. She stated the zoning request had
5 been recommended by the Planning Commission.
6 President Showers inquired as to whether there was anyone in
7 the audience who wished to speak concerning this matter.
8 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
9 Council, stating he was not rising in opposition to the rezoning,
10 per se, noting that the landowners had the right to properly use
11 their land as they saw fit. He stated that, likewise, the
12 property owners in the area had the right to life, liberty, and
13 the pursuit of happiness and to maintain their quality of life.
14 Mr. Cox stated there were three questions he wished to put
15 before the Council concerning this matter that he felt could be a
16 negative impact on the residents of Bailey Estates and Patton
17 Estates. He stated that the first issue was an increase in
18 cut-through traffic in the area. He stated that the residents of
19 the community wanted to ask the Council what action they would
20 take if the development of the property would increase the
21 cut-through traffic through the affected neighborhood.
22 Mr. Cox stated the second area of concern was McDonald
23 Creek. He stated they were concerned the development in this
24 area would affect the runoff of water in the area, stating the
25 assumption would be it would go into McDonald Creek and noting
26 that there had been recent flooding of this creek. He inquired
0008
1 as to what the Council would do to assure the residents of the
2 area there would be no increase in the flooding situation for
3 this neighborhood with the development of this property.
4 Mr. Cox stated that the third area of concern was McDonnell
5 School. He stated that previously when there had been rumors of
6 apartments developing in the area, he had checked with the school
7 system to determine what the current enrollment at McDonnell
8 School was and how many students it was designed to accommodate.
9 He stated that at that particular time the enrollment had been
10 approximately 87 percent of the design of the school. He
11 inquired as to what action the School Board would take if all
12 these houses and apartments were added to make sure before it
13 became a problem that they could accommodate the students. He
14 stated the residents in this area certainly did not want to have
15 a lot of portable classrooms at McDonnell School.
16 Mr. Cox stated they did not want these problems to affect
17 the quality of life of the residents in this area, that they
18 wanted these problems addressed at this time.
19 President Showers asked Ms. Bostick to address the issue of
20 the cut-through traffic.
21 Ms. Bostick stated that currently the Planning Department
22 did not have the development plan for the property from the owner
23 of the land, so that she would not be able to address exactly how
24 traffic would flow through the area. She stated this was
25 something the Planning Commission would address when the
26 development plans were proposed. She stated, however, that the
0009
1 regulations currently adopted included traffic calming measures
2 that would require certain modifications to the roads to aid in
3 slowing the traffic down and eliminating cut-through traffic.
4 She stated that as far as the drainage issue, this would be
5 basically the same type of thing, reiterating that they had not
6 seen the design plans for the project, so that it would be
7 impossible to say how the drainage would be distributed
8 throughout the area. She stated as far as the zoning issue, that
9 by reducing the Residence 2-A property by 65 acres and thus
10 taking away the possibility of that many apartments in the area
11 and the parking that would be required, the actual area that
12 would be paved would be substantially less under the proposal
13 before the Council than currently existed. She stated, as far as
14 the school issue, that there could certainly be a higher number
15 of units constructed on the property as currently zoned than
16 there would be under the proposal before the Council.
17 Councilwoman Moon inquired as to whether it was correct that
18 any developer had to comply with the drainage ordinances in terms
19 of the effect of development.
20 Ms. Bostick replied in the affirmative, stating that a storm
21 water management manual had been adopted that basically said
22 there could not be a greater amount of runoff post development
23 than had existed prior development.
24 Councilman Kling inquired as to how the density of the
25 single-family development compared to the zoning that was in
26 place on the property at this time.
0010
1 Ms. Bostick stated there were approximately 65 acres that
2 the recommendation was to change from Residence 2-A, which would
3 allow multi-family, to 1-B, which would not. She stated that in
4 a Residence 2-A District one could get 12 to 14 units per acre
5 and in a 1-B District one could get 5 to 6 units per acre. She
6 stated this would be less than half.
7 Councilman Kling inquired as to whether it was correct if
8 this zoning were approved at this time, the developer would have
9 to go before the Planning Commission to show the plan and if
10 there would then be public meetings, with public input.
11 Ms. Bostick replied in the affirmative, stating that
12 certified letters would be sent to all immediately adjoining
13 property owners to advise them as to when such meetings would be
14 held and advising them they could view the plans.
15 Mr. Cox stated he did not believe the notification process
16 would happen in the situation of the residents he was concerned
17 with because there were other neighbors located between these
18 persons and the subject property. He stated he did not feel the
19 persons on the west side of the creek would get notification
20 concerning this.
21 Mr. Cox stated he did not believe the developer had to
22 accommodate storm runoff from the roads. He stated that as best
23 he could estimate it there would be 4.9 miles of two-lane highway
24 and that there would be a lot of water there that would go into
25 the storm drain. He stated he did not believe they could make a
26 developer take care of this water. He inquired of Ms. Bostick if
0011
1 this were correct.
2 Ms. Bostick stated the developer had to accommodate all the
3 runoff on the streets he proposed to build.
4 Mr. Cox inquired as to whether it was correct that all the
5 water was going to come down the driveways and into the streets
6 and the developer was going to make it go somewhere besides
7 McDonald Creek.
8 Ms. Bostick stated she was assuming that ultimately it would
9 end up in McDonald Creek.
10 Mr. Cox stated he was also assuming this, and also assuming
11 some of it would end up in his neighbors' back yards.
12 Senator Jeff Enfinger, 1272 Becket Drive, appeared before
13 the Council, stating he represented the owner of the property.
14 He stated that their layout for the development had a boulevard
15 coming off of Triana and stated that this was where the initial
16 construction would be. He stated that Triana was a five-lane
17 road and that they felt the traffic would feed from their
18 entrance at the boulevard into that road and either go east or
19 north. He stated that on the land that was being rezoned from
20 2-A, they could have done from 10 to 12 units per acre but noted
21 that there would actually be less than 3 per acre on this
22 property. He stated that, therefore, they would actually be
23 decreasing both traffic and runoff and density with the request
24 that was before the Council at this time.
25 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
26 Council, stating she did not understand why the Planning
0012
1 Department did not get the proposed layout before the matter was
2 brought to the Council, so that persons involved in the
3 neighborhoods would be aware of the proposed development. She
4 stated she felt the Planning Department would never say no to a
5 developer.
6 Councilman Kling stated that at this time he felt Southwest
7 Huntsville was overly burdened with rescue missions and halfway
8 houses, noting he felt these were too much concentrated in this
9 one area of the city. He stated he felt this proposed
10 development would be an asset for the area, noting that for some
11 time there had been a threat of public housing going into this
12 area. He stated there were numerous apartments in the area that
13 were already adversely affecting the neighborhood. He stated he
14 felt Mr. Enfinger had a good track record as far as development
15 was concerned. He stated he felt the Planning Department would
16 very aggressively look after the interests of the residents in
17 the area. He stated that even though Bailey and Patton Estates
18 were not located immediately adjacent to the area that since they
19 would be impacted by the development, they should be notified of
20 the various steps of the Planning Commission process so that they
21 might also have an opportunity to have input into the matter.
22 Councilwoman Moon stated she could certainly appreciate
23 Mr. Cox's concern about the drainage issue. She stated that this
24 was one of the first questions she would ask about, noting that
25 she tried to make this part of her function on the Planning
26 Commission when these issues came up. She stated she certainly
0013
1 very much believed in protecting persons who were already in
2 place in neighborhoods. She stated she had followed this matter
3 pretty closely and stated she felt the proposed zoning would be
4 better for the area than the zoning that was in place at this
5 time. She stated she felt the proposed development would be an
6 asset for the area, noting that the developer had a reputation
7 for doing quality work, and stated she felt the proposed
8 development could increase property values in the area.
9 Mr. Cox reiterated he was not rising in opposition to the
10 proposed zoning but that he just wanted the issues he had
11 mentioned to be addressed prior to the development of the
12 property.
13 Councilman Kling moved for approval of Ordinance No. 04-808,
14 rezoning land lying generally west of Triana Boulevard, south of
15 Village Drive and north of Redstone Arsenal, from Residence 1-B
16 District and Residence 2-A District to Residence 1-B District,
17 Residence 2-B District, and Neighborhood Business C-1 District,
18 which was introduced at the October 14, 2004, Regular Council
19 Meeting, as follows:
20 (ORDINANCE NO. 04-808)
21 Said motion was duly seconded by Councilwoman Moon.
22 President Showers called for the vote on the above
23 ordinance, and it was unanimously adopted.
24 Councilman Kling inquired of Ms. Bostick if it was correct
25 that the School Board was involved as far as attending the
26 Planning Commission meetings and working with the Planning
0014
1 Department on school issues that came up throughout the City.
2 Ms. Bostick replied in the affirmative, noting there was a
3 representative from the School Board that sat on the Subdivision
4 Committee, so that they were aware of all the development
5 occurring in the city.
6 President Showers stated it was the time and place in the
7 meeting for a public hearing on Ordinance No. 04-810, to rezone
8 land lying generally north of Little Cove Road and east of
9 McMullen Lane from Residence 1-A District to Residence 2 District
10 and Residence 2-A District, which hearing was set at the
11 October 14, 2004, Regular Council Meeting.
12 Ms. Marie Bostick stated the above zoning request involved
13 approximately 48 acres of land located in the Little Cove area,
14 north and east of the Hampton Cove area. She stated the request
15 was to change approximately 33 acres from Residence 1-A District
16 to Residence 2 District and approximately 15 acres from Residence
17 1-A District to Residence 2-A District. She stated this had been
18 recommended by the Planning Commission.
19 President Showers inquired as to whether there was anyone in
20 the audience who wished to speak concerning this matter.
21 There was no response.
22 Councilman Kling moved for approval of Ordinance No. 04-810,
23 rezoning land lying generally north of Little Cove Road and east
24 of McMullen Lane from Residence 1-A District to Residence 2
25 District and Residence 2-A District, which was introduced at the
26 October 14, 2004, Regular Council Meeting, as follows:
0015
1 (ORDINANCE NO. 04-810)
2 Said motion was duly seconded by Councilwoman Moon.
3 Councilman Russell inquired of Ms. Bostick as to the reason
4 for the requested rezoning.
5 Ms. Bostick stated that this was in conjunction with a
6 development called "McMullen Cove." She stated the majority of
7 the property was Residence 1-A District and stated this would
8 provide some diversity in the lower lying areas to do some
9 single-family attached or patio home type development.
10 President Showers called for the vote on the above
11 ordinance, and it was unanimously adopted.
12 President Showers stated the next item on the agenda was a
13 public hearing on Ordinance No. 04-812, on the zoning of newly
14 annexed land lying generally on the east side of U.S. Highway 431
15 South and east and south of Dug Hill Road to Residence 1 District
16 and to Residence 2-A District, which hearing was set at the
17 October 14, 2004, Regular Council Meeting.
18 Ms. Bostick stated this property was approximately 56 acres
19 of land and was proposed for a residential subdivision.
20 President Showers inquired as to whether there was anyone in
21 the audience who wished to speak concerning this matter.
22 There was no response.
23 Councilman Kling moved for approval of Ordinance No. 04-812,
24 zoning newly annexed land lying generally on the east side of
25 U.S. Highway 431 South and east and south of Dug Hill Road to
26 Residence 1 District and to Residence 2-A District, which was
0016
1 introduced at the October 14, 2004, Regular Council Meeting, as
2 follows:
3 (ORDINANCE NO. 04-812)
4 Said motion was duly seconded by Councilman Russell.
5 President Showers called for the vote on the above
6 ordinance, and it was unanimously adopted.
7 President Showers stated it was the time and place in the
8 meeting for a public hearing on Ordinance No. 04-814, on the
9 zoning of newly annexed land lying generally on the west side of
10 Wall Triana Highway and north of East Gate Drive to Planned
11 Industrial District, which hearing was set at the October 14,
12 2004, Regular Council Meeting.
13 Ms. Bostick stated this was approximately 100 acres of land
14 located immediately west of Wall Triana Highway. She stated it
15 was owned by the Airport Authority and that the requested zoning
16 was Planned Industrial District. She stated that this zoning was
17 in keeping with the adjacent land in the area.
18 President Showers inquired as to whether there was anyone in
19 the audience who wished to speak concerning this matter.
20 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
21 Council, inquiring as to whether there was any rock in this area.
22 Ms. Bostick replied in the negative, stating that the area
23 was flat, cotton and soybean land located right off Wall Triana.
24 Councilman Russell moved for approval of Ordinance
25 No. 04-814, zoning newly annexed land lying generally on the west
26 side of Wall Triana Highway and north of East Gate Drive as
0017
1 Planned Industrial District, which was introduced at the
2 October 14, 2004, Regular Council Meeting, as follows:
3 (ORDINANCE NO. 04-814)
4 Said motion was duly seconded by Councilman Kling.
5 President Showers called for the vote on the above
6 ordinance, and it was unanimously adopted.
7 President Showers stated it was the time and place in the
8 meeting for a public hearing on Ordinance No. 04-816, on the
9 zoning of newly annexed land lying generally at the northwest
10 corner of U.S. Highway 72 West and Balch Road as Highway Business
11 C-4 District, which hearing was set at the October 14, 2004,
12 Regular Council Meeting.
13 Ms. Bostick stated this was a 2.5 acre tract of land located
14 at the corner of U.S. Highway 72 West and Balch Road. She stated
15 there was an existing CVS drug store on the property and that the
16 recommended zoning was Highway Business C-4.
17 President Showers inquired as to whether there was anyone in
18 the audience who wished to speak concerning this matter.
19 There was no response.
20 Councilman Russell moved for approval of Ordinance
21 No. 04-816, zoning newly annexed land lying generally at the
22 northwest corner of U.S. Highway 72 West and Balch Road as
23 Highway Business C-4 District, which was introduced at the
24 October 14, 2004, Regular Council Meeting, as follows:
25 (ORDINANCE NO. 04-816)
26 Said motion was duly seconded by Councilwoman Moon.
0018
1 President Showers called for the vote on the above
2 ordinance, and it was unanimously adopted.
3 President Showers stated the next item on the agenda was
4 Communications from the Public.
5 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
6 Council, stating she would like for the record to reflect that
7 Mayor Spencer had left the Council meeting and that
8 Councilman Watson was not in attendance.
9 Ms. Reed expressed appreciation to the Council for allowing
10 public input.
11 Ms. Reed stated the city still needed more police officers.
12 She stated that someone needed to investigate why persons who had
13 many DUI's were still driving on the streets.
14 Ms. Reed inquired as to how many hotels the Council felt the
15 City needed.
16 Ms. Reed stated she was concerned that the bicentennial
17 group had planned a water park. She stated she did not feel they
18 needed to be rearranging the city and asked why this had not been
19 discussed at a work session of the Council. She stated she felt
20 these matters should be discussed before they were published in
21 the newspaper.
22 Ms. Reed stated she had read in the newspaper that there
23 were big plans in the works for the city's art museum and asked
24 the Council to please not impact the park again. She stated she
25 had not heard anything about this matter at any of the work
26 sessions of the Council. She inquired as to whether any member
0019
1 of the Council knew what was going on in the city. She inquired
2 as to who was actually running the city. She urged the Council
3 to bring some of the issues before the public in work sessions
4 and let the public know what was going on in the city. She
5 stated that the tax dollars belonged to the citizens.
6 Mr. Sylvester McCaulley, Jr., 510 Eastbrook Drive, appeared
7 before the Council, stating he was embarrassed to be before the
8 Council at this time but that he felt he needed to make the
9 Council members aware of an unfortunate event that had occurred
10 on November the 2nd at Fern Bell City Gymnasium, located just off
11 Whitesburg Drive. He stated that the Council members had his
12 letter but that he would like to read it at this time.
13 Mr. McCaulley proceeded to describe an event at the
14 gymnasium where he had been escorted from the facility by a
15 policeman who had been called by the manager of the gymnasium.
16 He described the incident in some detail, including his
17 conversation with the officers and with the manager. He stated
18 that originally the officers refused to tell him why he was being
19 escorted from the premises even though he persistently asked for
20 this information but that he was finally advised he was
21 trespassing on the premises because he had not signed out at the
22 time he last left the facility. He described the event in
23 specific detail and stated he had not been arrested and was
24 released after several minutes. He stated he felt he had been
25 unduly harassed by the officers and had asked for an
26 investigation by Special Affairs. He stated he was a minister
0020
1 and had gone to the gymnasium to work out and did not feel he had
2 been causing any problem. He stated he had been shocked with the
3 treatment he had received from the officers. He stated he had
4 been going to this gymnasium for 18 months and had not previously
5 had any problems.
6 Mr. McCaulley stated that at one point one of the officers
7 had informed him he was about to arrest him because Alabama law
8 required that he have identification on him and that he did not.
9 He stated he advised the officer that it was in his car and he
10 could get it for him. He stated the officer had advised him he
11 was detained and was not going anywhere. He stated the other
12 officer had stated he would get it and that he had then stated he
13 wanted to witness the officer going into his property. He stated
14 he had asked that the car be pulled down so he could see the
15 officer enter it and that one officer had stated this would not
16 be done but the other had stated it could be done and had moved
17 the car closer to his location. He stated the officer had then
18 gotten his wallet out of the car and had brought it to him and
19 that he had given his license to the other officer. He stated he
20 was finally advised the officers had been called to the facility
21 because he was criminally trespassing. He stated he had advised
22 the officers he had never been told he could not come to the
23 facility and questioned how this could be trespassing. He stated
24 he then asked to speak to the manager. He stated he told the
25 officer if he was not being arrested, he would like to leave the
26 premises. He stated the officer had advised him he could leave
0021
1 when he was done with him. He stated the officer then left him
2 for approximately 10 to 15 minutes and then returned with the
3 manager. He stated the manager had then told him he could not
4 come back to the premises or he would be arrested. He stated he
5 had advised the manager he would never come back to the facility,
6 noting that it was a ridiculous charge of his not signing out
7 when he had last left the facility. He stated the officer then
8 said the manager had advised him that he had broken other rules
9 and that he made his own rules. He stated he advised the officer
10 that the only thing that had happened prior to this time was that
11 when he had first started coming to the gymnasium, unplanned, he
12 had never brought a towel and that the other employees had always
13 given him a towel, with no problem, but that the one time that
14 this manager had given him a towel, he had given him a lecture
15 and called him "Hey, Dude." He stated that he had simply told
16 him that he could address him as "Sir" or otherwise, but that he
17 was not a dude. He stated he had advised the manager he would
18 certainly try to bring a towel in the future and that he had done
19 so.
20 Mr. McCaulley stated that on November the 2nd, he had signed
21 in, worked out, and that when he was about to leave, the manager
22 had said, "Hey, Dude, you need to come and sign out." He stated
23 he was already going out the door but that he had come back in
24 and went over to sign out and that he had asked him once again
25 not to refer to him as "Hey, Dude." He stated that the manager
26 had then said to him, "Just sign out," and that he had said,
0022
1 "Sir, I am not going to do anything; I am just going to leave,"
2 and that he had left without signing out. He stated that the
3 officer had advised him that the manager had called the police
4 because he had left without signing out, so that he was
5 trespassing. He stated that, however, he had been in the
6 facility working out for 30 or 45 minutes before the police came
7 and the manager had not said anything to him concerning this. He
8 stated that if the manager had told him to leave, he would have
9 left, but that he had said nothing to him and had called the
10 police.
11 Mr. McCaulley stated that he was finally released and that
12 he had gone straight to Internal Affairs to report the incident.
13 He stated he had also gone to the hospital and gotten checked out
14 and stated he was in a sling for two weeks.
15 Mr. McCaulley stated he had been informed that the manager
16 of the facility had called the police before on persons and that
17 it had been indicated to him that he had very poor social skills
18 and that he needed to be fired. He stated that his objective at
19 this time was that justice be brought to this manager at this
20 public facility. He stated he had a case report on criminal
21 trespassing and that he wanted it removed. He stated that he
22 would like to have the opportunity to go back to the gymnasium.
23 He stated he was thoroughly embarrassed by the incident and was
24 furious that he had had to go through this.
25 President Showers asked Chief Reynolds to meet with
26 Mr. McCaulley in the lobby to discuss this matter.
0023
1 President Showers asked Mr. Joffrion if it was all right for
2 him to ask Chief Reynolds to discuss this matter with
3 Mr. McCaulley.
4 Mr. Joffrion replied in the affirmative. He stated that he
5 himself would like to talk with Chief Reynolds and Mr. Ralph
6 Stone about this matter.
7 Councilman Kling inquired if Chief Reynolds would like to
8 comment on this matter at this time.
9 Chief Reynolds stated he was aware of this situation and
10 that he had spoken to Mr. McCaulley on the telephone. He stated
11 that the matter was the subject of an internal investigation so
12 he would prefer not to speak about it during the time the
13 investigation was going on.
14 President Showers stated he would accept the suggestion of
15 Mr. Joffrion that the persons that Mr. Joffrion had mentioned
16 would get together with Mr. McCaulley.
17 Chief Reynolds stated that Mr. McCaulley had gone through
18 the proper channels and that he felt that in all fairness to
19 Mr. McCaulley and the police officers they should let the process
20 continue.
21 President Showers asked that Mr. Joffrion set up the meeting
22 with Mr. McCaulley.
23 Mr. McCaulley stated he had called the Mayor's office and
24 had called Mr. Stone and had heard nothing from him. He stated
25 he simply would like an apology and for something to be done
26 about the matter. He stated that his legal actions would depend
0024
1 on how the Council would pursue this. He stated he was not about
2 anything but justice and that he wanted something done to the
3 manager and to the officers.
4 Councilman Kling stated that during comments from the public
5 a comment had been made about the committee approving the
6 restaurant at the Art Museum. He stated he felt it should be
7 pointed out that that was done through the appropriate
8 subcommittee of the Planning Commission and that it had nothing
9 to do with the expansion of the Art Museum article that was in
10 the newspaper. He stated the restaurant was actually part of the
11 original concept within the existing Art Museum Building. He
12 stated this would provide persons another place to eat lunch in
13 the downtown area but that it would not physically impact the
14 park. He stated he felt if there were a proposed expansion of
15 the Art Museum that would impact Big Spring Park, it would be
16 safe to say there would be much public discussion concerning it.
17 President Showers stated the next item on the agenda was
18 Huntsville Utilities Items.
19 Mr. Jimmy Butler of Huntsville Utilities appeared before the
20 Council, stating there was one resolution for the Council to
21 consider and that it authorized the relocation of approximately
22 550 feet of 18-inch high-pressure gas main near Indian Creek
23 Road. He stated this resolution would replace Resolution
24 No. 40-911 which had been approved at the prior meeting of the
25 Council on November 9, 2004.
26 Councilman Kling read and introduced a resolution
0025
1 authorizing relocation of approximately 550' of 18" high-pressure
2 main along Biltmore Drive, west of Indian Creek Road, replacing
3 Resolution No. 40-911 approved at the November 9, 2004, Council
4 Meeting, as follows:
5 (RESOLUTION NO. 04-944)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Russell.
8 President Showers called for the vote on the above
9 resolution, and it was unanimously adopted.
10 President Showers stated the next item on the agenda was
11 Board Appointment Nominations.
12 Councilwoman Moon nominated Gail Perna for reappointment to
13 the Huntsville Ice Skating Complex Board of Control, Position
14 No. 1, for a term to expire November 20, 2007.
15 President Showers stated the next item on the agenda was
16 Approval of Expenditures.
17 President Showers stated Councilman Watson was out of town
18 and not present for the meeting.
19 Councilman Kling read and introduced a resolution
20 authorizing expenditures for payments, as follows:
21 (RESOLUTION NO. 04-945)
22 Councilman Kling moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon,
24 and was unanimously adopted.
25 President Showers stated the next item on the agenda was
26 Communications from Council members.
0026
1 Councilman Russell stated that he and Councilwoman Moon had
2 had Thanksgiving lunch at Challenger School and expressed
3 appreciation to the Administration and the students of this
4 school. He stated that the prior day he and Mr. Doug Martinson
5 of the School Board had visited Huntsville High and met with the
6 Administration there and the student leaders. He stated this was
7 certainly a wonderful new facility.
8 Councilman Russell asked that the Public Works Department
9 check on Tara Road and Shields Road, stating he knew he would be
10 receiving calls about these areas because of the rain.
11 Councilwoman Moon stated she would be doing a good deal of
12 traveling during the next few weeks and that the City Council
13 staff would be happy to assist any of her constituents with their
14 concerns.
15 Councilman Kling stated he had read with interest an article
16 in the newspaper over the weekend stating that basically Congress
17 had approved legislation to reconstitute the Board of the
18 Tennessee Valley Authority. He stated that the Board currently
19 had three members and it was being reconstituted to have nine
20 part-time members. He stated that Huntsville was the fifth
21 largest consumer of power from the Tennessee Valley Authority but
22 yet during the entire time of the operation of the Tennessee
23 Valley Authority there had never been a Board member to sit on
24 this Board from the State of Alabama, much less Huntsville. He
25 stated he felt this was a great opportunity for someone in the
26 community to be appointed to this Board. He stated he felt
0027
1 Mr. Ronnie Boles would be an outstanding Board member. He stated
2 that Mr. Boles was currently serving as a member of the
3 Huntsville Utility Electric Board and had served in this capacity
4 for more than 30 years, and had also served as President of the
5 Chamber of Commerce, and was also currently serving as a member
6 of numerous public power association boards and had been working
7 with other Utility members throughout the country. He stated he
8 would be bringing a resolution before the Council at the next
9 meeting concerning this matter.
10 President Showers stated that the prior evening there had
11 been a quarterly meeting at the Showers Center and thanked the
12 citizens for the very large attendance at this meeting. He
13 stated there had been a lot of concern expressed about the
14 proposed asphalt plant at a location off Stringfield Road and
15 Blake Bottom Road. He stated the citizens had made it very clear
16 they did not want any more negatives in the north part of the
17 city. He stated the contracting company had been very willing to
18 present and had accepted the response of the citizens well. He
19 stated he certainly wanted to commend this process, stating that
20 the democratic process still worked, that the citizens had
21 expressed themselves and there had been questions and answers and
22 that both sides had been very kind to each other.
23 President Showers stated he would also be out of town for
24 the next several days and that the City Council staff would also
25 assist any of his constituents with any concerns they might have.
26 President Showers stated the next item on the agenda was
0028
1 Unfinished Business Items for Action.
2 Councilman Russell moved for approval of Ordinance
3 No. 04-919, to adopt three new base maps as part of the official
4 set of zoning maps, which was introduced at the November 9, 2004,
5 Regular Council Meeting, as follows:
6 (ORDINANCE NO. 04-919)
7 Said motion was duly seconded by President Showers.
8 President Showers called for the vote on the above
9 ordinance, and it was unanimously adopted.
10 Councilman Kling moved for approval of Ordinance No. 04-920,
11 amending Schedule 92 of Section 15-59 of the Code of Ordinances
12 regarding Natural Gas Companies, which was introduced at the
13 November 9, 2004, Regular Council Meeting, as follows:
14 (ORDINANCE NO. 04-920)
15 Said motion was duly seconded by Councilwoman Moon.
16 Councilman Kling asked for a brief explanation of the above
17 item.
18 Mr. Joffrion stated this was a minor amendment to an
19 ordinance that had been previously adopted by the Council. He
20 stated that the fee for natural gas companies or utilities that
21 marketed gas, other than Huntsville Utilities, had been
22 established previously at 3 percent and that it had been
23 collected on an annual basis. He stated that the amendment would
24 allow the collection to be amortized over a 12-month period and
25 collected monthly, noting this would make it easier both on the
26 vendors and the City.
0029
1 President Showers inquired as to whether this would result
2 in any savings for the City.
3 Mr. Joffrion stated he was not certain there would be any
4 savings but noted it would make compliance easier.
5 Councilman Kling inquired as to whether it was correct that
6 this would not result in a rate increase.
7 Mr. Joffrion stated it was not a rate increase.
8 President Showers called for the vote on the above
9 ordinance, and it was unanimously adopted.
10 President Showers stated the next item on the agenda was New
11 Business Items for Introduction.
12 President Showers read and introduced Ordinance No. 04-946
13 to amend Article VI of Chapter 7 of the Code of Ordinances of the
14 City of Huntsville, entitled "Non-Residential Building
15 Maintenance Standards."
16 President Showers read and introduced Ordinance No. 04-947
17 to amend Article V of Chapter 7 of the Code of Ordinances of the
18 City of Huntsville, entitled "Minimum Housing Standards."
19 President Showers read and introduced Ordinance No. 04-948
20 to amend Section 27-91 of Article III of Chapter 27 of the Code
21 of Ordinances of the City of Huntsville, entitled "Weed and
22 Overgrown Grass."
23 President Showers read and introduced Ordinance No. 04-949
24 concerning the annexation of land lying generally on the north
25 and east sides of Rodgers Drive, west of Williams and Broad Road.
26 President Showers read and introduced an ordinance
0030
1 concerning the annexation of land lying generally north of U.S.
2 Highway 72 West, along Limestone Creek and on the west and east
3 sides of Old Railroad Bed Road, as follows:
4 (ORDINANCE NO. 950)
5 Councilman Russell moved that unanimous consent be given
6 for the immediate consideration of and action on said ordinance,
7 which motion was duly seconded by Councilwoman Moon, and upon
8 said motion being put to vote, the following vote resulted:
9 AYES: Russell, Moon, Kling, Showers
10 ABSENT: Watson
11 NAYS: None
12 President Showers stated that the motion for unanimous
13 consent for immediate consideration of and action on said
14 ordinance had been unanimously carried.
15 Councilman Kling thereupon moved that said ordinance be
16 finally adopted, which motion was duly seconded by
17 Councilwoman Moon.
18 Mr. Dallas Fanning stated that if the Council adopted this
19 ordinance they would need to then take up 15.f. because the plant
20 itself was in the annexation and the Council could not do one
21 without doing the other one.
22 Mr. Fanning stated the ordinance before the Council was to
23 annex approximately 615 acres, with the vast majority of this
24 being in Limestone County, and that it had on it in Limestone
25 County an existing sewer treatment plant that operated at 250,000
26 gallons per day. He stated the annexation would annex the plant
0031
1 and also approximately 12 acres adjacent to the treatment plant.
2 He stated that agenda item 15.f would actually authorize the City
3 to purchase the plant. He stated the reason they desired to do
4 this was because this would be the most efficient way from a cost
5 point of view to annex this land and serve it with sewer. He
6 stated this would expand the City's sewer treatment facilities at
7 the lowest cost possible, noting that this would continue to
8 protect the environment, as opposed to the use of septic tanks.
9 He stated there was a subdivision in Madison County that was not
10 being annexed that was being served by this plant and that as a
11 result of the purchase of the plant that by contract they would
12 continue to serve the existing houses and approximately 280 lots
13 that had been approved but not built on. He stated that these
14 residents would pay a rate of $26.10 per month, compared to a
15 citizen of Huntsville who pays on the same amount of gallons,
16 being 6,000 gallons, $15.42 a month. He stated that property in
17 Limestone County that was being annexed would be served by this
18 plant at the rate of $15.42. He stated that once the plant was
19 purchased, it would cash flow from Day 1. He stated that once
20 the plant was at full capacity of 250,000 a day, the income to
21 the City would be roughly $300,000 a year. He stated that it had
22 the capacity to be expanded up to approximately 3 million gallons
23 a day. He stated there was an upgrade that was currently
24 underway at the plant, noting that the owner was paying
25 approximately $280,000 for this. He stated the upgrade had been
26 dictated by the Wastewater Department, as well as an independent
0032
1 engineer hired by the Wastewater Department to identify the
2 upgrades that were necessary.
3 President Showers inquired as to who owned the sewer plant
4 at this time.
5 Mr. Fanning stated that Mr. Louis Breland owned the plant
6 and that it had been appraised at approximately $3 million by an
7 independent appraiser.
8 Councilwoman Moon stated she felt this was an example of
9 looking to the future to accommodate needs in the most
10 cost-effective manner possible.
11 President Showers called for the vote on Ordinance
12 No. 04-950, and it was unanimously adopted.
13 President Showers stated the Council would consider item
14 15.f. on the agenda at this time.
15 Councilman Russell read and introduced a resolution
16 authorizing the Mayor to enter into an agreement between the
17 Monrovia Sewer Co., LLC, Magnolia Springs, LLC, and The City of
18 Huntsville to purchase sewer system, as follows:
19 (RESOLUTION NO. 04-951)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon.
22 President Showers called for the vote on the above
23 resolution, and it was unanimously adopted.
24 President Showers stated that Councilman Watson had
25 telephoned him earlier in the day and asked that he relate to the
26 public that he strongly supported the two items the Council had
0033
1 just acted upon.
2 President Showers stated the next item on the agenda was New
3 Business Items for Consideration or Action.
4 Councilman Russell read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with Second Mile
6 Development, Inc., for Terry Heights/Hillendale neighborhood
7 activities, as follows:
8 (RESOLUTION NO. 04-952)
9 Councilman Russell moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling,
11 and was unanimously adopted.
12 Councilman Russell moved for approval of a request for
13 authorization to fill budgeted vacant Calibration & Equipment
14 Maintenance Technician at higher than minimum, which motion was
15 duly seconded by Councilman Kling, and was unanimously approved.
16 Councilman Russell moved for approval of a request for
17 authorization to fill sworn personnel positions to authorized
18 strength for the Huntsville Police Department, which motion was
19 duly seconded by Councilman Kling, and was unanimously approved.
20 Councilman Russell read and introduced a resolution
21 authorizing the Mayor to enter into an agreement between the City
22 of Huntsville and the Executive Office of the President, Office
23 of National Drug Control Policy for the High Intensity Drug
24 Trafficking Area (HIDTA) grant, as follows:
25 (RESOLUTION NO. 04-953)
26 Councilman Russell moved for approval of the foregoing
0034
1 resolution, which motion was duly seconded by Councilman Kling,
2 and was unanimously adopted.
3 Councilman Russell moved for approval of a request for
4 authorization to fill one (1) Police Systems Technician Position
5 for the Huntsville Police Department at a higher rate than entry
6 level if necessary, which motion was duly seconded by Councilman
7 Kling, and was unanimously approved.
8 Councilman Russell read and introduced a resolution
9 authorizing the Mayor to enter into an agreement with CTC for
10 installation and service on one coin-operated telephone service
11 located at transfer point for a five (5) year period, as follows:
12 (RESOLUTION NO. 04-954)
13 Councilman Russell moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Russell read and introduced an ordinance
17 declaring certain equipment surplus and to be sold at auction
18 (GovDeals.com) or in the best interest and most cost-effective
19 way for the City of Huntsville, as follows:
20 (ORDINANCE NO. 04-955)
21 Councilman Russell moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 Councilman Russell read and introduced a resolution
25 authorizing the acceptance of donation to the Administration,
26 Operation Green Team, in the amount of $250 from Keep America
0035
1 Beautiful to be used as prize money in the Great American Cleanup
2 effort; donation to Huntsville Police Department in the amount of
3 $50 from Don Bouska for the Police Chaplain Program; donation of
4 $750 from Wal-Mart Foundation to the West Precinct; and donation
5 of $2,000 from Sam's Club Foundation to the North Precinct, as
6 follows:
7 (RESOLUTION NO. 04-956)
8 Councilman Russell moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilman Russell read and introduced a resolution
12 authorizing the Mayor to enter into agreements with the low
13 bidder meeting specifications as outlined in the attached Summary
14 of Bids for Acceptance, as follows:
15 (RESOLUTION NO. 04-957)
16 Councilman Russell moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling,
18 and was unanimously adopted.
19 Councilman Russell read and introduced a resolution
20 authorizing the Clerk-Treasurer to invoke sidewalk letter of
21 credit No. 4698 for Northstar Subdivision, as follows:
22 (RESOLUTION NO. 04-958)
23 Councilman Russell moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Kling,
25 and was unanimously adopted.
26 Councilman Russell read and introduced a resolution
0036
1 authorizing the Clerk-Treasurer to invoke letter of credit
2 No. 4699 for Northstar Subdivision, as follows:
3 (RESOLUTION NO. 04-959)
4 Councilman Russell moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Kling,
6 and was unanimously adopted.
7 Councilman Russell read and introduced a resolution
8 authorizing the Mayor to enter into an agreement between the City
9 of Huntsville and the Huntsville Madison County Rescue Squad, as
10 follows:
11 (RESOLUTION NO. 04-960)
12 Councilman Russell moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 Councilman Russell read and introduced a resolution
16 authorizing the Mayor to enter into an agreement between the City
17 of Huntsville and the Huntsville Madison County Senior Center, as
18 follows:
19 (RESOLUTION NO. 04-961)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling,
22 and was unanimously adopted.
23 Councilman Russell read and introduced a resolution
24 authorizing the Mayor to enter into an agreement between the City
25 of Huntsville and the Huntsville Madison County Mental Health
26 Board, as follows:
0037
1 (RESOLUTION NO. 04-962)
2 Councilman Russell moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Russell read and introduced a resolution
6 authorizing the Mayor to enter into an agreement between the City
7 of Huntsville and the Boys & Girls Club, Inc., as follows:
8 (RESOLUTION NO. 04-963)
9 Councilman Russell moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling,
11 and was unanimously adopted.
12 Councilman Russell read and introduced a resolution
13 authorizing the Mayor to enter into an agreement between the City
14 of Huntsville and the Community Action Agency, as follows:
15 (RESOLUTION NO. 04-964)
16 Councilman Russell moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Kling,
18 and was unanimously adopted.
19 Councilman Russell read and introduced a resolution
20 authorizing the Mayor to enter into an agreement between the City
21 of Huntsville and the Botanical Gardens, as follows:
22 (RESOLUTION NO. 04-965)
23 Councilman Russell moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Kling,
25 and was unanimously adopted.
26 Councilman Russell read and introduced a resolution
0038
1 authorizing the Mayor to enter into an agreement between the City
2 of Huntsville and the Huntsville Community Watch, as follows:
3 (RESOLUTION NO. 04-966)
4 Councilman Russell moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Kling,
6 and was unanimously adopted.
7 Councilman Russell read and introduced a resolution
8 authorizing the Mayor to enter into an agreement between the City
9 of Huntsville and the Huntsville Symphony, as follows:
10 (RESOLUTION NO. 04-967)
11 Councilman Russell moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Kling,
13 and was unanimously adopted.
14 Councilman Russell read and introduced a resolution
15 authorizing the Mayor to enter into an agreement between the City
16 of Huntsville and the Huntsville Madison County Mental
17 Retardation Board, as follows:
18 (RESOLUTION NO. 04-968)
19 Councilman Russell moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Russell read and introduced a resolution
23 authorizing the Mayor to enter into an agreement between the City
24 of Huntsville and the North Alabama African American Chamber of
25 Commerce, as follows:
26 (RESOLUTION NO. 04-969)
0039
1 Councilman Russell moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Russell read and introduced a resolution
5 authorizing the Mayor to enter into an agreement between the City
6 of Huntsville and the Partnership for a Drug-Free Community, as
7 follows:
8 (RESOLUTION NO. 04-970)
9 Councilman Russell moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Kling,
11 and was unanimously adopted.
12 Councilman Russell read and introduced a resolution
13 authorizing the Mayor to enter into an agreement between the City
14 of Huntsville and the North Alabama Science Center, Inc., as
15 follows:
16 (RESOLUTION NO. 04-971)
17 Councilman Russell moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Russell read and introduced a resolution
21 authorizing the Mayor to enter into an agreement between the City
22 of Huntsville and the Arts Council, as follows:
23 (RESOLUTION NO. 04-972)
24 Councilman Russell moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Kling,
26 and was unanimously adopted.
0040
1 Councilman Russell read and introduced a resolution
2 authorizing the Mayor to enter into an agreement between the City
3 of Huntsville and the Land Trust of Huntsville and North Alabama,
4 Inc., as follows:
5 (RESOLUTION NO. 04-973)
6 Councilman Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling,
8 and was unanimously adopted.
9 Councilman Russell read and introduced a resolution
10 authorizing the Mayor to enter into an agreement between the City
11 of Huntsville and the Huntsville Jaycees, as follows:
12 (RESOLUTION NO. 04-974)
13 Councilman Russell moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Russell read and introduced a resolution
17 authorizing the Mayor to enter into an agreement between the City
18 of Huntsville and United Cerebral Palsy Association of Huntsville
19 and Tennessee Valley, Inc., as follows:
20 (RESOLUTION NO. 04-975)
21 Councilman Russell moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 Councilman Russell read and introduced a resolution
25 authorizing the Mayor to enter into an agreement with the
26 Huntsville Madison County Chamber of Commerce, as follows:
0041
1 (RESOLUTION NO. 04-976)
2 Councilman Russell moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Russell read and introduced a resolution
6 authorizing the Mayor to enter into an agreement with the low
7 bidder, APAC-Southeast, Inc., for Bibb Garrett Road Improvements,
8 Project No. 65-04-RD17, as follows:
9 (RESOLUTION NO. 04-977)
10 Councilman Russell moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Russell read and introduced a resolution
14 authorizing the Mayor to enter into an agreement with the low
15 bidder, Miller & Miller, Inc., for Aldridge Creek Channel
16 Improvements, Phase II, Retaining Wall at Mt. Gap Road, Project
17 No. 65-05-DR02, as follows:
18 (RESOLUTION NO. 04-978)
19 Councilman Russell moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Russell read and introduced a resolution
23 authorizing the Mayor to enter into an agreement with G.W. Jones
24 & Sons, Inc., for Engineering Design Services for Little Cove
25 Road, Project No. 65-05-RD06, as follows:
26 (RESOLUTION NO. 04-979)
0042
1 Councilman Russell moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Russell read and introduced a resolution
5 authorizing the Mayor to modify the agreement with Tetra Tech,
6 Inc., for reduction of Construction Administration Services for
7 East Limestone County Sanitary Sewer Extension, by Modification
8 No. 3, Project No. 65-01-SS07 and EPA Project No. XP-97431901-1,
9 as follows:
10 (RESOLUTION NO. 04-980)
11 Councilman Russell moved for approval of the foregoing
12 resolution, which motion was duly seconded by Councilman Kling,
13 and was unanimously adopted.
14 Councilman Russell read and introduced a resolution
15 authorizing the Mayor to enter into an agreement with Civil
16 Solutions, LLP, for Construction Staking, Observation and Testing
17 Services for Bibb Garrett Road Improvements, Project No.
18 65-04-RD17, as follows:
19 (RESOLUTION NO. 04-981)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling,
22 and was unanimously adopted.
23 Councilman Russell moved for approval to advertise and fill
24 position of Civil Engineer II, Pay Grade 17 and to fill position
25 at steps higher than minimum within the pay grade, if necessary,
26 which motion was duly seconded by Councilman Kling, and was
0043
1 unanimously approved.
2 Councilman Russell moved for approval of a request for
3 authorization to fill two (2) funded position of Facilities
4 Maintenance Technician, Grade 12, at higher than minimum if
5 necessary, which motion was duly seconded by Councilman Kling,
6 and was unanimously approved.
7 Councilman Russell read and introduced a resolution
8 authorizing the Mayor to accept a grant from the Federal
9 Emergency Management Agency for the continued development of the
10 Metropolitan Medical Response System, as follows:
11 (RESOLUTION NO. 04-982)
12 Councilman Russell moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 Councilman Russell read and introduced a resolution
16 appointing part-time judges for Municipal Court, as follows:
17 (RESOLUTION NO. 04-983)
18 Councilman Russell moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 Councilman Russell read and introduced an ordinance
22 confirming the appointment of Lisa K. Shockley as Clerk of
23 Municipal Court, as follows:
24 (ORDINANCE NO. 04-984)
25 Councilman Russell moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0044
1 and was unanimously adopted.
2 Councilman Russell moved for approval of a request to fill
3 one (1) Police Program Specialist Position for the Huntsville
4 Police Department at a higher than entry level if necessary,
5 which motion was duly seconded by Councilman Kling, and was
6 unanimously approved.
7 Councilman Kling read and introduced a resolution
8 authorizing the Mayor to execute an agreement between the City of
9 Huntsville and Jeff Thomas Architects for architectural services
10 for the parking and site improvements at Lot "V" (Meadow Gold
11 Property), as follows:
12 (RESOLUTION NO. 04-985)
13 Councilman Kling moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon.
15 Mr. Bruce Taylor stated this was a contract with Jeff Thomas
16 Architects for architectural services and engineering services
17 for the development of a parking lot at the old Meadow Gold site.
18
19 He stated it was the City's goal to create between 250 and 300
20 surface parking spaces in this area.
21 Councilman Kling inquired as to the estimated time for
22 completion of the project.
23 Mr. Bruce Taylor stated they hoped they could get the design
24 process underway immediately after the resolution was approved
25 and stated there was a possibility the parking lot would be
26 completed by late spring of 2005.
27 President Showers called for the vote on the above
0045
1 resolution, and it was unanimously adopted.
2 Councilman Kling read and introduced a resolution regarding
3 notice of intent to be reimbursed for TIF-3A expenditures, as
4 follows:
5 (RESOLUTION NO. 04-986)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Russell.
8 Mr. Joffrion stated this was an item the Council had done
9 previously whenever the City had advanced monies for capital
10 projects that were going to be reimbursed through bond proceeds.
11 He stated it was a requirement under Internal Revenue Service
12 regulations that the Council adopt this kind of resolution to
13 make sure they could reimburse themselves when the general
14 obligation bonds were actually issued.
15 President Showers called for the vote on the above
16 resolution, and it was unanimously adopted.
17 Councilman Russell read and introduced a resolution
18 authorizing the Mayor to amend the contract with APAC-Southeast,
19 Inc., for Taylor Road Relocation, by C.O. No. 1, Project
20 No. 65-04-RD07, as follows:
21 (RESOLUTION NO. 04-987)
22 Councilman Russell moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon.
24 Mr. Cunningham stated the above contract was related to the
25 part of Taylor Road presently under construction, just south of
26 Sutton, to serve the new Wal-Mart facility. He stated this was
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1 for a change order in the amount of $45,000 that was necessitated
2 by poor soil conditions, noting this had to be removed and
3 replaced with good material for the road construction to proceed.
4 President Showers called for the vote on the above
5 resolution, and it was unanimously adopted.
6 President Showers stated the next item on the agenda was
7 Legal Department Items/Transactions.
8 Councilman Russell read and introduced an ordinance to
9 vacate a portion of Utility and Drainage Easements between
10 Lots 60 & 61, Oakhurst Place, Plat Book 46, Pages 62,(8001 Tea
11 Garden Road; Oakhurst Place, LLC), as follows:
12 (ORDINANCE NO. 04-988)
13 Councilman Russell moved for approval of the foregoing
14 ordinance, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Mr. Joffrion submitted the following deeds for
17 approval:
18 (DEEDS)
19 Whereupon, Councilman Kling moved for approval of the
20 foregoing deeds, which motion was duly seconded by
21 Councilman Russell, and was unanimously approved.
22 President Showers inquired as to whether there were any
23 Non-Roster Communications from the Public.
24 Ms. Reed appeared before the Council, inquiring who had been
25 the timekeeper on communications from the public. She stated she
26 felt like she got cheated sometimes on the time she was allowed
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1 to speak. She stated she felt that at the next meeting she
2 should be given more time.
3 Councilman Kling stated he felt that every citizen that came
4 before the Council should be treated equally as far as time
5 allowed to speak.
6 Mr. Ralph Timberlake appeared before the Council, stating it
7 was with a heavy heart that he came before the Council. He
8 stated he was very concerned with the comments made by the
9 gentleman earlier concerning being detained by officers of the
10 Police Department. He stated that power could corrupt and that
11 absolute power corrupted absolutely.
12 Mr. Timberlake stated he had appeared before the Council
13 previously speaking concerning public records and noted that the
14 City still had no policy dealing with the records so that the
15 public could know what was going on. He stated he had written to
16 the Council and to the Mayor concerning this matter but that
17 apparently they did not have enough paper or enough time to
18 respond. He stated he felt that in a representative democracy
19 communication was paramount and when there was no communication
20 it allowed for some type of misconception to come about. He
21 stated he could not say what the problem was but that as a
22 citizen he had taken the time to write his Councilperson that he
23 had not received what he considered pertinent information from
24 the Council. He stated he resided in District 1 and that he had
25 spoken to his Councilperson on several occasions and that he had
26 spoken to Ms. Stamper. He asked that he receive a written reply
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1 concerning this matter.
2 Upon motion, duly seconded, it was voted to adjourn.
3
4 ______________________________
5 PRESIDENT OF THE CITY COUNCIL
6
7 ATTEST:
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10
11 ______________________________
12 CITY CLERK-TREASURER
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